[Congressional Record Volume 143, Number 58 (Wednesday, May 7, 1997)]
[Extensions of Remarks]
[Pages E861-E862]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




ELIMINATING NUMERICAL LIMITATIONS RELATING TO CANCELLATIONS OF REMOVAL 
                     AND SUSPENSION OF DEPORTATION

                                 ______
                                 

                         HON. LUIS V. GUTIERREZ

                              of illinois

                    in the house of representatives

                         Wednesday, May 7, 1997

  Mr. GUTIERREZ. Mr. Speaker, today I am introducing a bill to amend 
the Immigration and Nationality Act and the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 to eliminate the limits 
relating to cancellations of removal and suspensions of deportation.
  The new immigration law requires individuals applying for suspension 
of deportation--now changed to cancellation of removal--to establish 
good moral character, 10 years of continuous presence in the United 
States, and exceptional and extreme hardship to a spouse

[[Page E862]]

or child who is either a U.S. citizen or legal permanent resident. It 
also established that the Attorney General may not cancel the removal 
and adjust the status and suspend the deportation of a total of more 
than 4,000 aliens in any fiscal year.
  The Executive Office for Immigration Review [EOIR] has announced that 
immigration judges have already granted 4,000 applications in the 
current fiscal year and ordered immigration judges to discontinue 
approving more suspension of deportation cases. Many eligible 
applicants, including refugees, will now be deprived of a way to 
legalize their status. We must take action to correct this situation as 
soon as possible.
  The original intention of this section of the law was never to 
arbitrarily deny this form of relief to eligible people. The original 
language, as approved by the Judiciary Committee, restored the Attorney 
General's discretion to grant relief to eligible aliens who had not 
been admitted with the condition that an annual ceiling be placed on 
the number of adjustments of status granted. Nevertheless, the original 
language was changed during the floor consideration of the bill and the 
Attorney General now may not cancel the removal and adjust the status 
to permanent residence of more than 4,000 aliens in any fiscal year.
  This unfortunate change could result in the unnecessary deportation 
of thousands of immigrants who may have fled their homes seeking safety 
and protection in the United States.
  Very simply, my bill would remove the existing 4,000 cap and allow 
the immigration courts to use their discretion in suspension of 
deportation--cancellation of removal--proceedings.

                          ____________________