[Congressional Record Volume 143, Number 130 (Thursday, September 25, 1997)]
[Senate]
[Pages S9978-S9980]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           THE DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1998

                                 ______
                                 

                 GRAHAM (AND OTHERS) AMENDMENT NO. 1252

  Mr. Graham (for himself, Mr. Mack, and Mr. Kennedy) proposed an 
amendment to the bill (S. 1156) making appropriations for the 
government of the District of Columbia and other activities chargeable 
in whole or in part against the revenues of said District for the 
fiscal year ending September 30, 1998, and for other purposes; as 
follows:

       At the appropriate place, insert the following new section:

     ``SEC.  . IMMIGRATION REFORM TRANSITION ACT OF 1997.

       (a) In General. --Section 240A, subsection (e), of the 
     Immigration and Nationality Act is amended--
       (1) in the first sentence, by striking ``this section'' and 
     inserting in lieu thereof ``section 240A(b)(1)'';
       (2) by striking ``, nor suspend the deportation and adjust 
     the status under section 244(a) (as in effect before the 
     enactment of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996),''; and
       (3) by striking the last sentence in the subsection and 
     inserting in lieu thereof: ``The previous sentence shall 
     apply only to removal cases commenced on or after April 1, 
     1997, including cases where the Attorney

[[Page S9979]]

     General exercises authority pursuant to paragraphs (2) or (3) 
     of section 309(c) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (P.L. 104-208, Division 
     C, 110 Stat. 3009).''.
       (b) Repealers.--Section 309, subsection (c), of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (P.L. 104-208, Division C, 110 Stat 3009) is amended by 
     striking paragraphs (5) and (7).
       (c) Special Rule.--Section 240A of the Immigration and 
     Nationality Act is amended--
       (1) In subsection (b), paragraph (3), by striking ``(1) or 
     (2)'' in the first and third sentences of that paragraph and 
     inserting in lieu thereof ``(1), (2), or (3)'', and by 
     striking the second sentence of that paragraph;
       (2) In subsection (b), by redesignating paragraph (3) as 
     paragraph (4);
       (3) In subsection (d), paragraph (1), by striking ``this 
     section.'' and inserting in lieu thereof'' subsections (a), 
     (b)(1), and (b)(2).'';
       (4) in subsection (b), by adding after paragraph (2) the 
     following new paragraph--
       ``(3  Special rule for certain aliens covered by the 
     settlement agreement in american baptist churches et al. v. 
     thornburgh (abc), 760 f. supp. 796 (n.d. cal. 1991)--
       ``(A) The Attorney General may, in his or her discretion, 
     cancel removal and adjust the status from such cancellation 
     in the case of an alien who is removable from the United 
     States if the alien demonstrates that--
       ``(i) the alien has not been convicted at any time of an 
     aggravated felony and
       ``(I) was not apprehended after December 19, 1990, at the 
     time of entry, and is either
       ``(aa) a Salvadoran national who first entered the United 
     States on or before September 19, 1990, and who registered 
     for benefits pursuant to the ABC settlement agreement on or 
     before October 31, 1991, or applied for Temporary Protected 
     Status on or before October 31, 1991; or
       ``(bb) a Guatemalan national who first entered the United 
     States on or before October 1, 1990, and who registered for 
     benefits pursuant to the ABC settlement agreement by December 
     31, 1991; or
       ``(cc) the spouse or unmarried son or daughter of an alien 
     described in (aa) of this subclause, provided that the 
     spouse, son or daughter entered the United States on or 
     before September 19, 1990, or the spouse or unmarried son or 
     daughter of an alien described in (bb) of this subclause, 
     provided that the spouse, son or daughter enter the United 
     States on or before October 1, 1990; or
       ``(II) is an alien who
       (aa) is a Nicaraguan, Guatemalan, or Salvadoran who filed 
     an application for asylum with the Immigration and 
     Naturalization Service before April 1, 1990, and the 
     Immigration and Naturalization Service had not granted, 
     denied, or referred that application as of April 1, 1997; or
       (bb) is the spouse or unmarried son or daughter of an alien 
     described in (aa) of this subclause, provided that the 
     spouse, son or daughter entered the United States on or 
     before April 1, 1990; and
       ``(ii) the alien is not described in paragraph (4) of 
     section 237(a) or paragraph (3) of section 212(a) of the Act; 
     and
       ``(iii) the alien
       ``(I) is removable under any law of the United States 
     except the provisions specified in subclause (II) of this 
     clause, has been physically present in the United States for 
     a continuous period of not less than seven years immediately 
     preceding the date of such application, and proves that 
     during all of such period he was and is a person of good 
     moral character, and is a person whose removal would, in the 
     opinion of the Attorney General, result in extreme hardship 
     to the alien or to his spouse, parent, or child, who is a 
     citizen of the United States or an alien lawfully admitted 
     for permanent residence; or
       ``(II) is removable under paragraph (2) (other than section 
     237(a)(2)(A)(iii)) of section 237(a), paragraph (3) of 
     section 237(a), or paragraph (2) of section 212(a), has been 
     physically present in the United States for a continuous 
     period of not less than 10 years immediately following the 
     commission of an act, or the assumption of a status, 
     constituting a ground for deportation, and proves that during 
     all of such period he has been and is a person of good moral 
     character, and is a person whose removal would, in the 
     opinion of the Attorney General, result in exceptional and 
     extremely unusual hardship to the alien or to his spouse, 
     parent or child, who is a citizen of the United States, or an 
     alien lawfully admitted for permanent residence.
       ``(B) Subsection (d) of this section shall not apply to 
     determinations under this paragraph, and an alien shall not 
     be considered to have failed to maintain continuous physical 
     presence in the United States under clause (A)(iii) of this 
     paragraph if the alien demonstrates that the absence from the 
     United States was brief, casual, and innocent, and did not 
     meaningfully interrupt the continuous physical presence.
       ``(C) The determination by the Attorney General whether an 
     alien meets the requirements of subparagraph (A) or (B) of 
     this paragraph is final and shall not be subject to review by 
     any court. Nothing in the preceding sentence shall be 
     construed as limiting the application of subparagraph (B) of 
     section 242(a)(2) to other eligibility determinations 
     pertaining to discretionary relief under this Act.''.
       (d) Effective Date of Subtitle (c).--The amendments made by 
     subtitle (c) shall be effective as if included in Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (P.L. 104-208, Division C, 110 Stat. 3009).
       (e) Appeal Process.--Any alien who has become eligible for 
     suspension of deportation or cancellation of removal as a 
     result of the amendments made by subsection (b) and (c) may, 
     notwithstanding any other limitations on motions to reopen 
     imposed by the Immigration and Nationality Act or by 
     regulation file one motion to reopen to apply for suspension 
     of deportation or cancellation of removal. The Attorney 
     General shall designate a specific time period in which all 
     such motions to reopen must be filed. The period must begin 
     no later than 120 days after the date of enactment of this 
     Act and shall extend for a period of 180 days.
                                 ______
                                 

                  MACK (AND OTHERS) AMENDMENT NO. 1253

  Mr. MACK (for himself, Mr. Graham, and Mr. Kennedy) proposed an 
amendment to amendment No. 1252 proposed by Mr. Graham to the bill, S. 
1156, supra; as follows:

       Strike all after the word ``SEC.   .'' and insert the 
     following:

     IMMIGRATION REFORM TRANSITION ACT OF 1997.

       (a) In General.--Section 240A, subsection (e), of the 
     Immigration and Nationality Act is amended--
       (1) in the first sentence, by striking ``this section'' and 
     inserting in lieu thereof ``section 240A(b)(1)'';
       (2) by striking ``, nor suspend the deportation and adjust 
     the status under section 244(a) (as in effect before the 
     enactment of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996),''; and
       (3) by striking the last sentence in the subsection and 
     inserting in lieu thereof: ``The previous sentence shall 
     apply only to removal cases commenced on or after April 1, 
     1997, including cases where the Attorney General exercises 
     authority pursuant to paragraphs (2) or (3) of section 309(c) 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (P.L. 104-208, Division C. 110 
     Stat. 3009).''.
       (b) Repealers.--Section 309, subsection (c), of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (P.L. 104-208, Division C, 110 Stat. 3009) is amended by 
     striking paragraphs (5) and (7).
       (c) Special Rule.--Section 240A of the Immigration and 
     Nationality Act is amended--
       (1) In subsection (b), paragraph (3), by striking ``(1) or 
     (2)'' in the first and third sentences of that paragraph and 
     inserting in lieu thereof ``(1), (2), or (3)'', and by 
     striking the second sentence of that paragraph;
       (2) In subsection (b), by redesignating paragraph (3) as 
     paragraph (4);
       (3) In subsection (d), paragraph (1), by striking ``this 
     section.'' and inserting in lieu thereof ``subsections (a), 
     (b)(1), and (b)(2).'';
       (4) in subsection (b), by adding after paragraph (2) the 
     following new paragraph--
       ``(3) Special rule for certain aliens covered by the 
     settlement agreement in American Baptist Churches et al. v. 
     Thornburgh (abc), 760 F. Sup. 796 (n.d. cal. 1991)--
       ``(A) The Attorney General may, in his or her discretion, 
     cancel removal and adjust the status from such cancellation 
     in the case of an alien who is removable from the United 
     States if the alien demonstrates that--
       ``(i) the alien has not been convicted at any time of an 
     aggravated felony and--
       ``(I) was not apprehended after December 19, 1990, at the 
     time of entry, and is either--
       ``(aa) a Salvadoran national who first entered the United 
     States on or before September 19, 1990, and who registered 
     for benefits pursuant to the ABC settlement agreement on or 
     before October 31, 1991, or applied for Temporary Protected 
     Status on or before October 31, 1991; or
       ``(bb) a Guatemalan national who first entered the United 
     States on or before October 1, 1990, and who registered for 
     benefits pursuant to the ABC settlement agreement by December 
     31, 1991; or
       ``(cc) the spouse or unmarried son or daughter of an alien 
     described in (aa) of this subclause, provided that the 
     spouse, son or daughter entered the United States on or 
     before September 19, 1990, or the spouse or unmarried son or 
     daughter of an alien described in (bb) of this subclause, 
     provided that the spouse, son or daughter entered the United 
     States on or before October 1, 1990; or
       ``(II) is an alien who--
       ``(aa) is a Nicaraguan, Guatemalan, or Salvadoran who filed 
     an application for asylum with the Immigration 
     and Naturalization Service before April 1, 1990, and the 
     Immigration and Naturalization Service had not granted, 
     denied, or referred that application as of April 1, 1997; 
     or
       (bb) is the spouse or unmarried son or daughter of an alien 
     described in (aa) of this subclause, provided that the 
     spouse, son or daughter entered the United States on or 
     before April 1, 1990; and--
       ``(ii) the alien is not described in paragraph (4) of 
     section 237(a) or paragraph (3) of section 212(a) of the Act; 
     and--
       ``(iii) the alien--
       ``(I) is removable under any law of the United States 
     except the provisions specified in subclause (II) of this 
     clause, has been physically present in the United States for 
     a continuous period of not less than seven years immediately 
     preceding the date of such application, and proves that 
     during all of such period he was and is a person of good 
     moral character, and is a person whose removal would, in the 
     opinion of the Attorney

[[Page S9980]]

     General, result in extreme hardship to the alien or to his 
     spouse, parent, or child, who is a citizen of the United 
     States or an alien lawfully admitted for permanent residence; 
     or--
       ``(II) is removable under paragraph (2) (other than section 
     237(a)(2)(A)(iii)) of section 237(a), paragraph (3) of 
     section 237(a), or paragraph (2) of section 212(a), has been 
     physically present in the United States for a continuous 
     period of not less than 10 years immediately following the 
     commission of an act, or the assumption of a status, 
     constituting a ground for deportation, and proves that during 
     all of such period he has been and is a person of good moral 
     character, and is a person whose removal would, in the 
     opinion of the Attorney General, result in exceptional and 
     extremely unusual hardship to the alien or to his spouse, 
     parent or child, who is a citizen of the United States, or an 
     alien lawfully admitted for permanent residence.
       ``(B) Subsection (d) of this section shall not apply to 
     determinations under this paragraph, and an alien shall not 
     be considered to have failed to maintain continuous physical 
     presence in the United States under clause (A)(iii) of this 
     paragraph if the alien demonstrates that the absence from the 
     United States was brief, casual, and innocent, and did not 
     meaningfully interrupt the continuous physical presence.
       ``(C) The determination by the Attorney General whether an 
     alien meets the requirements of subparagraph (A) or (B) of 
     this paragraph is final and shall not be subject to review by 
     any court. Nothing in the preceding sentence shall be 
     construed as limiting the application of subparagraph (B) of 
     section 242(a)(2) to other eligibility determinations 
     pertaining to discretionary relief under this Act.''.
       (d) Effective Date of Subtitle (c).--The amendments made by 
     subtitle (c) shall be effective as if included in Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (P.L. 104-208, Division C, 110 Stat. 3009).
       (e) Appeal Process.--Any alien who has become eligible for 
     suspension of deportation or cancellation of removal as a 
     result of the amendments made by subsection (b) and (c) may, 
     notwithstanding any other limitations on motions to reopen 
     imposed by the Immigration and Nationality Act or by 
     regulation file one motion to reopen to apply for suspension 
     of deportation or cancellation of removal. The Attorney 
     General shall designate a specific time period in which all 
     such motions to reopen must be filed. The period must begin 
     no later than 120 days after the date of enactment of this 
     Act and shall extend for a period of 180 days.
       (f) Effective Date of Section.--This section shall take 
     effect one day after enactment of this Act.

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