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KENNEDY (AND OTHERS) AMENDMENT NO. 4184 (Senate - September 25, 2000)

[Page: S9202]

(Ordered to lie on the table.)

Mr. KENNEDY (for himself, Mr. Reid, Mr. Durbin, Mr. Reed, Mr. Graham, Mr. Leahy, Mr. Wellstone, and Mr. Daschle) submitted an amendment intended to be proposed by them to the bill, S. 2045, supra; as follows:
At the appropriate place in the bill, insert the following:

TITLE XX--LATINO AND IMMIGRANT FAIRNESS ACT OF 2000

SEC. XX01. SHORT TITLE.
This title may be cited as the `Latino and Immigrant Fairness Act of 2000'.

Subtitle A--Central American and Haitian Parity

SEC. XX11. SHORT TITLE.
This subtitle may be cited as the `Central American and Haitian Parity Act of 2000'.

SEC. XX12. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS FROM EL SALVADOR, GUATEMALA, HONDURAS, AND HAITI.
Section 202 of the Nicaraguan Adjustment and Central American Relief Act is amended--

(1) in the section heading, by striking `nicaraguans and cubans' and inserting `nicaraguans, cubans, salvadorans, guatemalans, hondurans, and haitians';

(2) in subsection (a)(1)(A), by striking `2000' and inserting `2003';

(3) in subsection (b)(1), by striking `Nicaragua or Cuba' and inserting `Nicaragua, Cuba, El Salvador, Guatemala, Honduras, or Haiti'; and

(4) in subsection (d)--

(A) in subparagraph (A), by striking `Nicaragua or Cuba' and inserting `Nicaragua, Cuba, El Salvador, Guatamala, Honduras, or Haiti; and

(B) in subparagraph (E), by striking `2000' and inserting `2003'.

SEC. XX13. APPLICATIONS PENDING UNDER AMENDMENTS MADE BY SECTION 203 OF THE NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF ACT.
An application for relief properly filed by a national of Guatemala or El Salvador under the amendments made by section 203 of the Nicaraguan Adjustment and Central American Relief Act which was filed on or before the date of enactment of this Act, and on which a final administrative determination has not been made, shall, at the election of the applicant, be considered to be an application for adjustment of status under the provisions of section 202 of the Nicaraguan Adjustment and Central American Relief Act, as amended by sections XX12 and XX15 of this Act, upon the payment of any fees, and in accordance with procedures, that the Attorney General shall prescribe by regulation. The Attorney General may not refund any fees paid in connection with an application filed by a national of Guatemala or El Salvador under the amendments made by section 203 of that Act.

[Page: S9203]

SEC. XX14. APPLICATIONS PENDING UNDER THE HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998.
An application for adjustment of status properly filed by a national of Haiti under the Haitian Refugee Immigration Fairness Act of 1998 which was filed on or before the date of enactment of this Act, and on which a final administrative determination has not been made, may be considered by the Attorney General to also constitute an application for adjustment of status under the provisions of section 202 of the Nicaraguan Adjustment and Central American Relief Act, as amended by sections XX12 and XX15 of this Act.

SEC. XX15. TECHNICAL AMENDMENTS TO THE NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF ACT.
(a) In General: Section 202 of the Nicaraguan Adjustment and Central American Relief Act is amended--

(1) in subsection (a)--

(A) by inserting before the period at the end of paragraph (1)(B) the following: `, and the Attorney General may, in the unreviewable discretion of the Attorney General, waive the grounds of inadmissibility specified in section 212(a)(1) (A)(i) and (6)(C) of such Act for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest';

(B) by redesignating paragraph (2) as paragraph (3);

(C) by inserting after paragraph (1) the following:

`(2) Inapplicability of certain provisions: In determining the eligibility of an alien described in subsection (b) or (d) for either adjustment of status under this section or other relief necessary to establish eligibility for such adjustment, the provisions of section 241(a)(5) of the Immigration and Nationality Act shall not apply. In addition, an alien who would otherwise be inadmissible pursuant to section 212(a)(9) (A) or (C) of such Act may apply for the Attorney General's consent to reapply for admission without regard to the requirement that the consent be granted prior to the date of the alien's reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, in order to qualify for the exception to those grounds of inadmissibility set forth in section 212(a)(9) (A)(iii) and (C)(ii) of such Act.'; and

(D) by amending paragraph (3) (as redesignated by subparagraph (B)) to read as follows:

`(3) Relationship of application to certain orders: An alien present in the United States who has been ordered excluded, deported, or removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. Such an alien may be required to seek a stay of such an order in accordance with subsection (c) to prevent the execution of that order pending the adjudication of the application for adjustment of status. If the Attorney General denies a stay of a final order of exclusion, deportation, or removal, or if the Attorney General renders a final administrative determination to deny the application for adjustment of status, the order shall be effective and enforceable to the same extent as if the application had not been made. If the Attorney General grants the application for adjustment of status, the Attorney General shall cancel the order.';

(2) in subsection (b)(1), by adding at the end the following: `Subsection (a) shall not apply to an alien lawfully admitted for permanent residence, unless the alien is applying for relief under that subsection in deportation or removal proceedings.';

(3) in subsection (c)(1), by adding at the end the following: `Nothing in this Act requires the Attorney General to stay the removal of an alien who is ineligible for adjustment of status under this Act.';

(4) in subsection (d)--

(A) by amending the subsection heading to read as follows: `Spouses, Children, and Unmarried Sons and Daughters: ';

(B) by amending the heading of paragraph (1) to read as follows: `Adjustment of status: ';

(C) by amending paragraph (1)(A) to read as follows:

`(A) the alien entered the United States on or before the date of enactment of the Central American and Haitian Parity Act of 2000;';

(D) in paragraph (1)(B), by striking `except that in the case of' and inserting the following: `except that--

`(i) in the case of such a spouse, stepchild, or unmarried stepson or stepdaughter, the qualifying marriage was entered into before the date of enactment of the Central American and Haitian Parity Act of 2000; and

`(ii) in the case of'; and

(E) by adding at the end the following new paragraph:

`(3) Eligibility of certain spouses and children for issuance of immigrant visas:

`(A) In general: In accordance with regulations to be promulgated by the Attorney General and the Secretary of State, upon approval of an application for adjustment of status to that of an alien lawfully admitted for permanent residence under subsection (a), an alien who is the spouse or child of the alien being granted such status may be issued a visa for admission to the United States as an immigrant following to join the principal applicant, if the spouse or child--

`(i) meets the requirements in paragraphs (1)(B) and (1)(D); and

`(ii) applies for such a visa within a time period to be established by such regulations.

`(B) Retention of fees for processing applications: The Secretary of State may retain fees to recover the cost of immigrant visa application processing and issuance for certain spouses and children of aliens whose applications for adjustment of status under subsection (a) have been approved. Such fees--

`(i) shall be deposited as an offsetting collection to any Department of State appropriation to recover the cost of such processing and issuance; and

`(ii) shall be available until expended for the same purposes of such appropriation to support consular activities.';

(5) in subsection (g), by inserting `, or an immigrant classification,' after `for permanent residence'; and

(6) by adding at the end the following new subsection:
`(i) Statutory Construction: Nothing in this section authorizes any alien to apply for admission to, be admitted to, be paroled into, or otherwise lawfully return to the United States, to apply for, or to pursue an application for adjustment of status under this section without the express authorization of the Attorney General.'.
(b) Effective Date: The amendments made by paragraphs (1)(D), (2), and (6) shall be effective as if included in the enactment of the Nicaraguan and Central American Relief Act. The amendments made by paragraphs (1) (A)-(C), (3), (4), and (5) shall take effect on the date of enactment of this Act.

SEC. XX16. TECHNICAL AMENDMENTS TO THE HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998.
(a) In General: Section 902 of the Haitian Refugee Immigration Fairness Act of 1998 is amended--

(1) in subsection (a)--

(A) by inserting before the period at the end of paragraph (1)(B) the following: `, and the Attorney General may waive the grounds of inadmissibility specified in section 212(a) (1)(A)(i) and (6)(C) of such Act for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest';

(B) by redesignating paragraph (2) as paragraph (3);

(C) by inserting after paragraph (1) the following:

`(2) Inapplicability of certain provisions: In determining the eligibility of an alien described in subsection (b) or (d) for either adjustment of status under this section or other relief necessary to establish eligibility for such adjustment, or for permission to reapply for admission to the United States for the purpose of adjustment of status under this section, the provisions of section 241(a)(5) of the Immigration and Nationality Act shall not apply. In addition, an alien who would otherwise be inadmissible pursuant to section 212(a)(9) (A) or (C) of such Act may apply for the Attorney General's consent to reapply for admission without regard to the requirement that the consent be granted prior to the date of the alien's reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, in order to qualify for the exception to those grounds of inadmissibility set forth in section 212(a)(9) (A)(iii) and (C)(ii) of such Act.'; and

(D) by amending paragraph (3) (as redesignated by subparagraph (B)) to read as follows:

`(3) Relationship of application to certain orders: An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. Such an alien may be required to seek a stay of such an order in accordance with subsection (c) to prevent the execution of that order pending the adjudication of the application for adjustment of status. If the Attorney General denies a stay of a final order of exclusion, deportation, or removal, or if the Attorney General renders a final administrative determination to deny the application for adjustment of status, the order shall be effective and enforceable to the same extent as if the application had not been made. If the Attorney General grants the application for adjustment of status, the Attorney General shall cancel the order.';

(2) in subsection (b)(1), by adding at the end the following: `Subsection (a) shall not apply to an alien lawfully admitted for permanent residence, unless the alien is applying for such relief under that subsection in deportation or removal proceedings.';

(3) in subsection (c)(1), by adding at the end the following: `Nothing in this Act shall require the Attorney General to stay the removal of an alien who is ineligible for adjustment of status under this Act.';

(4) in subsection (d)--

(A) by amending the subsection heading to read as follows: `Spouses, Children, and Unmarried Sons and Daughters: ';

(B) by amending the heading of paragraph (1) to read as follows: `Adjustment of status: ';

(C) by amending paragraph (1)(A), to read as follows:

`(A) the alien entered the United States on or before the date of enactment of the Central American and Haitian Parity Act of 2000;';

(D) in paragraph (1)(B), by striking `except that in the case of' and inserting the following: `except that--

`(i) in the case of such a spouse, stepchild, or unmarried stepson or stepdaughter, the qualifying marriage was entered into before the date of enactment of the Central American and Haitian Parity Act of 2000; and

`(ii) in the case of';

(E) by adding at the end of paragraph (1) the following new subparagraph:

`(E) the alien applies for such adjustment before April 3, 2003.'; and

(F) by adding at the end the following new paragraph:

`(3) Eligibility of certain spouses and children for issuance of immigrant visas:

`(A) In general: In accordance with regulations to be promulgated by the Attorney General and the Secretary of State, upon approval of an application for adjustment of status to that of an alien lawfully admitted for permanent residence under subsection (a), an alien who is the spouse or child of the alien being granted such status may be issued a visa for admission to the United States as an immigrant following to join the principal applicant, if the spouse or child--

`(i) meets the requirements in paragraphs (1)(B) and (1)(D); and

`(ii) applies for such a visa within a time period to be established by such regulations.

`(B) Retention of fees for processing applications: The Secretary of State may retain fees to recover the cost of immigrant visa application processing and issuance for certain spouses and children of aliens whose applications for adjustment of status under subsection (a) have been approved. Such fees--

`(i) shall be deposited as an offsetting collection to any Department of State appropriation to recover the cost of such processing and issuance; and

`(ii) shall be available until expended for the same purposes of such appropriation to support consular activities.';

(5) in subsection (g), by inserting `, or an immigrant classification,' after `for permanent residence';

(6) by redesignating subsections (i), (j), and (k) as subsections (j), (k), and (l), respectively; and

(7) by inserting after subsection (h) the following new subsection:
`(i) Statutory Construction: Nothing in this section authorizes any alien to apply for admission to, be admitted to, be paroled into, or otherwise lawfully return to the United States, to apply for, or to pursue an application for adjustment of status under this section without the express authorization of the Attorney General.'.
(b) Effective Date: The amendments made by paragraphs (1)(D), (2), and (6) shall be effective as if included in the enactment of the Haitian Refugee Immigration Fairness Act of 1998. The amendments made by paragraphs (1) (A)-(C), (3), (4), and (5) shall take effect on the date of enactment of this Act.

[Page: S9204]

SEC. XX17. MOTIONS TO REOPEN.
(a) Nationals of Haiti: Notwithstanding any time and number limitations imposed by law on motions to reopen, a national of Haiti who, on the date of enactment of this Act, has a final administrative denial of an application for adjustment of status under the Haitian Refugee Immigration Fairness Act of 1998, and is made eligible for adjustment of status under that Act by the amendments made by this title, may file one motion to reopen an exclusion, deportation, or removal proceeding to have the application reconsidered. Any such motion shall be filed within 180 days of the date of enactment of this Act. The scope of any proceeding reopened on this basis shall be limited to a determination of the alien's eligibility for adjustment of status under the Haitian Refugee Immigration Fairness Act of 1998.
(b) Nationals of Cuba: Notwithstanding any time and number limitations imposed by law on motions to reopen, a national of Cuba or Nicaragua who, on the date of enactment of the Act, has a final administrative denial of an application for adjustment of status under the Nicaraguan Adjustment and Central American Relief Act, and who is made eligible for adjustment of status under that Act by the amendments made by this title, may file one motion to reopen an exclusion, deportation, or removal proceeding to have the application reconsidered. Any such motion shall be filed within 180 days of the date of enactment of this Act. The scope of any proceeding reopened on this basis shall be limited to a determination of the alien's eligibility for adjustment of status under the Nicaraguan Adjustment and Central American Relief Act.

Subtitle B--Adjustment of Status of Other Aliens

SEC. XX21. ADJUSTMENT OF STATUS.
(a) General Authority: Notwithstanding any other provision of law, an alien described in paragraph (1) or (2) of subsection (b) shall be eligible for adjustment of status by the Attorney General under the same procedures and under the same grounds of eligibility as are applicable to the adjustment of status of aliens under section 202 of the Nicaraguan Adjustment and Central American Relief Act.
(b) Covered Aliens: An alien referred to in subsection (a) is--

(1) any alien who was a national of the Soviet Union, Russia, any republic of the former Soviet Union, Latvia, Estonia, Lithuania, Poland, Czechoslovakia, Romania, Hungary, Bulgaria, Albania, East Germany, Yugoslavia, any or state of the former Yugoslavia and who has been physically present in the United States for a continuous period, beginning not later than December 1, 1995, and ending not earlier than the date the application for adjustment under subsection (a) is filed, except an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days; and

(2) any alien who is a national of Liberia and who has been physically present in the United States for a continuous period, beginning not later than December 31, 1996, and ending not earlier than the date the application for adjustment under subsection (a) is filed, except an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days.

Subtitle C--Restoration of Section 245(i) Adjustment of Status Benefits

SEC. XX31. REMOVAL OF CERTAIN LIMITATIONS ON ELIGIBILITY FOR ADJUSTMENT OF STATUS UNDER SECTION 245(i).
(a) In General: Section 245(i)(1) of the Immigration and Nationality Act (8 U.S.C. 1255(i)(1)) is amended by striking `(i)(1)' through `The Attorney General' and inserting the following:
`(i)(1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States who--

`(A) entered the United States without inspection; or

`(B) is within one of the classes enumerated in subsection (c) of this section;
may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence. The Attorney General'.
(b) Effective Date: The amendment made by subsection (a) shall be effective as if included in the enactment of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105-119; 111 Stat. 2440).

SEC. XX32. USE OF SECTION 245(i) FEES.
Section 245(i)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1255(i)(3)(B)) is amended to read as follows:
`(B) One-half of any remaining portion of such fees remitted under such paragraphs shall be deposited by the Attorney General into the Immigration Examinations Fee Account established under section 286(m), and one-half of any remaining portion of such fees shall be deposited by the Attorney General into the Breached Bond/Detention Fund established under section 286(r).'.

Subtitle D--Extension of Registry Benefits

SEC. XX41. SHORT TITLE.
This subtitle may be cited as the `Date of Registry Act of 2000'.

SEC. XX42. RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE CASE OF CERTAIN ALIENS.
(a) In General: Section 249 of the Immigration and Nationality Act (8 U.S.C. 1259) is amended--

(1) in subsection (a), by striking `January 1, 1972' and inserting `January 1, 1986'; and

(2) by striking `january 1, 1972' in the heading and inserting `january 1, 1986'.
(b) Effective Dates:

(1) General rule: The amendments made by subsection (a) shall take effect on the date of enactment of this Act.

(2) Extension of date of registry:

(A) Period beginning january 1, 2002: Beginning on January 1, 2002, section 249 of the Immigration and Nationality Act (8 U.S.C. 1259) is amended by striking `January 1, 1986' each place it appears and inserting `January 1, 1987'.

(B) Period beginning january 1, 2003: Beginning on January 1, 2003, section 249 of such Act is amended by striking `January 1, 1987' each place it appears and inserting `January 1, 1988'.

(C) Period beginning january 1, 2004: Beginning on January 1, 2004, section 249 of such Act is amended by striking `January 1, 1988' each place it appears and inserting `January 1, 1989'.

(D) Period beginning january 1, 2005: Beginning on January 1, 2005, section 249 of such Act is amended by striking `January 1, 1989' each place it appears and inserting `January 1, 1990'.

(E) Period beginning january 1, 2006: Beginning on January 1, 2006, section 249 of such Act is amended by striking `January 1, 1990' each place it appears and inserting `January 1, 1991'.

`RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE CASE OF CERTAIN ALIENS WHO ENTERED THE UNITED STATES PRIOR TO JULY 1, 1924 OR JANUARY 1, 1986'.

(3) Table of contents: The table of contents of the Immigration and Nationality Act is amended by amending the item relating to section 249 to read as follows:

`Sec. 249. Record of admission for permanent residence in the case of certain aliens who entered the United States prior to July 1, 1924 or January 1, 1986.'.


(c) Effective Date: The amendments made by this section shall take effect on January 1, 2001, and the amendment made by subsection (a) shall apply to applications to record lawful admission for permanent residence that are filed on or after January 1, 2001.

[Page: S9205]

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END

 


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