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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

S 1774 IS

107th CONGRESS

1st Session

S. 1774

To accord honorary citizenship to the alien victims of the September 11, 2001, terrorist attacks against the United States and to provide for the granting of citizenship to the alien spouses and children of certain victims of such attacks.

IN THE SENATE OF THE UNITED STATES

December 5, 2001

Mr. CORZINE (for himself and Mr. TORRICELLI) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

To accord honorary citizenship to the alien victims of the September 11, 2001, terrorist attacks against the United States and to provide for the granting of citizenship to the alien spouses and children of certain victims of such attacks.

    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 `Terrorist Victim Citizenship Relief Act'.

SEC. 2. FINDINGS.

    Congress makes the following findings:

      (1) On September 11, 2001, the United States suffered a series of attacks which led to the deaths of thousands of people.

      (2) Hundreds of foreign nationals perished in the attacks on the American institutions on American soil.

      (3) At that time, the Immigration and Naturalization Service was processing applications for adjustment in immigration status for immigrants who perished in the attacks.

      (4) The immigrant or nonimmigrant status of many immigrant families depends on the sponsorship of those who perished.

      (5) The Immigration and Naturalization Service has publicly stated that it does not intend to take action against foreign nationals whose immigration status is in jeopardy as a direct result of the attack.

      (6) Commissioner of the Immigration and Naturalization Service James Ziglar stated that `the Immigration and Naturalization Service will exercise its discretion toward families of victims during this time of mourning and readjustment'.

      (7) Only Congress has the authority to change immigration law to address unanticipated omissions in existing law to account for the unique circumstances surrounding the events of September 11, 2001.

SEC. 3. DECEASED ALIEN VICTIMS OF TERRORIST ATTACKS DEEMED TO BE UNITED STATES CITIZENS.

    Notwithstanding title III of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), and except as provided in section 5, each alien who died as a result of a September 11, 2001, terrorist attack against the United States, shall, as of that date, be considered to be an honorary citizen of the United States if the alien held lawful status under the immigration laws of the United States as of that date.

SEC. 4. CITIZENSHIP ACCORDED TO ALIEN SPOUSES AND CHILDREN OF CERTAIN VICTIMS OF TERRORIST ATTACKS.

    Notwithstanding title III of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), and except as provided in section 5, an alien spouse or child of an individual who was lawfully present in the United States and who died as a result of a September 11, 2001, terrorist attack against the United States shall be entitled to naturalization as a citizen of the United States upon being administered the oath of renunciation and allegiance in an appropriate ceremony pursuant to section 337 of the Immigration and Nationality Act, without regard to the current status of the alien spouse or child under the immigration laws of the United States, if the spouse or child applies to the Attorney General for naturalization not later than two years after the date of enactment of this Act. The Attorney General shall record the date of naturalization of any person granted naturalization under this section as being September 10, 2001.

SEC. 5. EXCEPTIONS.

    Notwithstanding any other provision of this Act, an alien may not be naturalized as a citizen of the United States, or afforded honorary citizenship, under this Act if the alien is--

      (1) inadmissible under paragraph (2) or (3) of section 212(a) of the Immigration and Nationality Act, or deportable under paragraph (2) or (4) of section 237(a) of that Act, including any terrorist perpetrator of a September 11, 2001, terrorist attack against the United States; or

      (2) a member of the family of a person described in paragraph (1).

END


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