[Congressional Record Volume 144, Number 117 (Tuesday, September 8, 1998)]
[Senate]
[Pages S9973-S9974]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself and Mr. Kennedy):
  S. 2441. A bill to amend the Nicaraguan Adjustment and Central 
American Relief Act to provide to nationals of El Salvador, Guatemala, 
Honduras, and Haiti an opportunity to apply for adjustment of status 
under that Act, and for other purposes; to the Committee on the 
Judiciary.


   THE CENTRAL AMERICAN AND CARIBBEAN REFUGEE ADJUSTMENT ACT OF 1998

 Mr. DURBIN. Mr. President, today I introduce the Central 
American and Caribbean Refugee Adjustment Act of 1998. This legislation 
will provide deserved and needed relief to thousands of immigrants from 
Central America and the Caribbean who came to the United States fleeing 
political persecution.
  In the 1980's, thousands of Salvadorans and Guatemalans fled civil 
wars in their countries and sought asylum in the United States. The 
vast majority had been persecuted or feared persecution in their home 
countries. The people of Honduras had a similar experience. While civil 
war was not formally waged within Honduras, the geography of the region 
made it impossible for Honduras to be unaffected by the violence and 
turmoil that surrounded it. The country of Haiti has also experienced 
extreme upheaval. Haitians for many years were forced to seek the 
protection of the United States because of oppression, human rights 
abuses and civil unrest.
  Salvadorans, Guatemalans, Haitians and Hondurans have now established

[[Page S9974]]

roots in the United States. Some have married here and many have 
children that were born in the United States. Yet many still live in 
fear. They cannot easily leave the United States and return to the 
great uncertainty in their countries of origin. If they are forced to 
return, they will face enormous hardship. Their former homes are either 
occupied by strangers or not there at all. The people they once knew 
are gone and so are the jobs they need to support their families. They 
also cannot become permanent residents of the United States, which 
severely limits their opportunities for work and education. This 
situation is unacceptable and requires a more permanent solution.
  Before outlining how this bill will provide a permanent solution, it 
is important to review the evolution of deportation remedies. Prior to 
the passage of the Illegal Immigration Reform and Responsibility Act in 
1996, aliens in the United States could apply for suspension of 
deportation and adjustment of status in order to obtain lawful 
permanent residence. Suspension of deportation was used to ameliorate 
the harsh consequences of deportation for aliens who had been present 
in the United States for long periods of time.
  In September of 1996, Congress passed the Illegal Immigration Reform 
and Responsibility Act. This law retroactively made thousands of 
immigrants ineligible for suspension of deportation and left them with 
no alternate remedy. The 1996 Act eliminated suspension of deportation 
and established a new form of relief entitled cancellation of removal 
that required an applicant to accrue ten years of continuous residence 
as of the date of the initial notice charging the applicant with being 
removable.
  In 1997, this Congress recognized that these new provisions could 
result in grave injustices to certain groups of people. So in November 
of 1997, the Nicaraguan and Central American Relief Act (NACARA) 
granted relief to certain citizens of former Soviet block countries and 
several Central American countries. This select group of immigrants 
were allowed to apply for permanent residence under the old, pre-IIRRA 
standards.
  Such an alteration of IIRRA made sense. After all, the U.S. had 
allowed Central Americans to reside and work here for over a decade, 
during which time many of them established families, careers and 
community ties. The complex history of civil wars and political 
persecution in parts of Central America left thousands of people in 
limbo without a place to call home. Many victims of severe persecution 
came to the United States with very strong asylum cases, but 
unfortunately these individuals have waited so long for a hearing they 
will have difficulty proving their cases because they involve incidents 
which occurred as early as 1980. In addition, many victims of 
persecution never filed for asylum out of fear of denial, and 
consequently these people now face claims weakened by years of delay.
  Mr. President, the bill I introduce today is a necessary and fair 
expansion of NACARA. It provides a permanent solution for thousands of 
people who desperately need one. Specifically, the bill amends the 
Nicaraguan Adjustment and Central American Relief Act and provides 
nationals of El Salvador, Guatemala, Honduras and Haiti an opportunity 
to apply for adjustment of status under the same standards as 
Nicaraguans and Cubans. While the restoration of democracy in Central 
America and the Caribbean has been encouraging, the situation remains 
delicate. Providing immigrants from these politically volatile areas an 
opportunity to apply for permanent resident status in the United States 
instead of deporting them to politically and economically fragile 
countries will provide more stability in the long run. Such an approach 
is the best solution not only for the United States but also for new 
and fragile democracies in Central America and the Caribbean. 
Immigrants have greatly contributed to the United States, both 
economically and culturally and the people of Central America and the 
Caribbean are no exception. If we continue to deny them a chance to 
live in the United States by deporting them, we not only hurt them, we 
hurt us too.
  Mr. President, I ask unanimous consent that a copy of the legislation 
be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2441

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Central American and 
     Caribbean Refugee Adjustment Act of 1998''.

     SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS FROM 
                   CENTRAL AMERICA, CUBA, AND THE CARIBBEAN.

       Section 202 of the Nicaraguan Adjustment and Central 
     American Relief Act (8 U.S.C. 1255 note) is amended--
       (1) in the section heading, by striking ``Nicaraguans and 
     Cubans.'' and inserting ``Nationals From Central America, 
     Cuba, and the Caribbean.'';
       (2) in subsection (b)(1), by striking ``Nicaragua or Cuba'' 
     and inserting ``Nicaragua, Cuba, El Salvador, Guatemala, 
     Honduras, or Haiti''; and
       (3) in subsection (d)(1)(A), by striking ``Nicaragua or 
     Cuba;'' and inserting ``Nicaragua, Cuba, El Salvador, 
     Guatemala, Honduras, or Haiti;''.

     SEC. 3. CONFORMING AMENDMENTS TO TRANSITION RULES.

       (a) Special Rule for Certain Aliens Granted Temporary 
     Protection From Deportation.--Section 309(c)(5)(C)(i) of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1101 note), as amended by section 203 of 
     the Nicaraguan Adjustment and Central American Relief Act, is 
     amended by striking subclauses (I) through (V) and inserting 
     the following:

       ``(I) is an alien who entered the United States on or 
     before December 31, 1990, who filed an application for asylum 
     on or before December 31, 1991, and who, at the time of 
     filing such application, was a national of the Soviet Union, 
     Russia, any republic of the former Soviet Union, Latvia, 
     Estonia, Lithuania, Poland, Czechoslovakia, Rumania, Hungary, 
     Bulgaria, Albania, East Germany, Yugoslavia, or any state of 
     the former Yugoslavia;
       ``(II) is the spouse or child (as defined in section 
     101(b)(1) of the Immigration and Nationality Act) of an 
     individual, at the time a decision is rendered to suspend the 
     deportation, or cancel the removal, of such individual, if 
     the individual has been determined to be described in 
     subclause (I); or
       ``(III) is the unmarried son or daughter of an alien 
     parent, at the time a decision is rendered to suspend the 
     deportation, or cancel the removal, of such alien parent, 
     if--

       ``(aa) the alien parent has been determined to be described 
     in this subclause (I); and
       ``(bb) in the case of a son or daughter who is 21 years of 
     age or older at the time such decision is rendered, the son 
     or daughter entered the United States on or before October 1, 
     1990.''.
       (b) Temporary Reduction in Diversity Visas.--Section 203(d) 
     of the Nicaraguan Adjustment and Central American Relief Act 
     (8 U.S.C. 1151 note) is amended by striking ``subclauses (I), 
     (II), (III), and (IV)'' and inserting ``subclauses (II) and 
     (III)''.
                                 ______