II 111th CONGRESS 1st Session S. 905 IN THE SENATE OF THE UNITED STATES April 28, 2009 Mr. Schumer (for himself and Mrs. Gillibrand) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide for the granting of posthumous citizenship to certain aliens lawfully admitted for permanent residence who died as a result of the shootings at the American Civic Association Community Center in Binghamton, New York on April 3, 2009, and for other purposes.

1.

Short title

This Act may be cited as thePosthumous Citizenship for Binghamton Victims Act.

2.

Granting posthumous citizenship to victims of April 3, 2009, American Civic Association Community Center shooting

(a)

Authority

Notwithstanding any provision of title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), the Secretary of Homeland Security shall provide, in accordance with this section, for the granting of citizenship, as of April 2, 2009, to an individual described in subsection (b), if the Secretary approves an application for such citizenship filed under subsection (c)(1)(B). (b)

Individual described

An individual described in this subsection is an individual who— (1)was, as of April 2, 2009— (A)an alien; or (B)a national of the United States who was not a citizen of the United States; (2)died as a result of an injury incurred during the April 3, 2009, shooting at the American Civic Association Community Center in Binghamton, New York; and (3)was not culpable for an act that was a cause of an injury of an individual during the April 3, 2009, shooting at the American Civic Association Community Center in Binghamton, New York. (c)

Eligibility criteria

(1)

Eligibility for citizenship

Except as otherwise provided in this section, no individual may be granted posthumous citizenship under this section unless— (A)the individual would otherwise have been eligible for naturalization on the date of the individual’s death; and (B)a representative of the individual submits an application to the Secretary of Homeland Security seeking a grant of posthumous citizenship. (2)

Applicability of limitations for citizenship

Except as otherwise provided in this section, any provision of law that specifically bars or prohibits an individual from being naturalized as a citizen of the United States shall be applied to the granting of posthumous citizenship under this section. (3)

Inapplicability of certain requirements

Notwithstanding section 312 of the Immigration and Nationality Act (8 U.S.C. 1423), or any similar provision of law requiring that an individual demonstrate an understanding of the English language or a knowledge and understanding of the fundamentals of the history, and of the principles and form of Government of the United States in order to be naturalized, no such demonstration shall be required for the granting of posthumous citizenship under this section. (4)

No requirement for oath of renunciation or allegiance

No oath of renunciation or allegiance shall be required for the granting of posthumous citizenship to an individual under this section. (d)

Documentation of posthumous citizenship

If the Secretary of Homeland Security approves a request to grant an individual described in subsection (b) posthumous citizenship, the Secretary shall send to the person who filed the request a suitable document which states that the United States considers the individual to have been a citizen of the United States at the time of the individual's death. (e)

No benefits to survivors

The parents, brothers, sisters, sons, daughter, or any other relative of an individual granted posthumous citizenship under this section may not by virtue of such relationship be accorded any right, privilege, or status under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).