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THE CLINTON-GORE ADMINISTRATION:
GROWING THE NEW ECONOMY WITH INCREASED TRAINING
AND ADDITIONAL SKILLED WORKERS
October 17, 2000
President Clinton today signed into law new legislation to increase the number of H-1B visas available to bring
in highly skilled foreign temporary workers and to double the fee charged to employers using the program in
order to provide critical funding for training U.S. workers and students. Many companies are reporting that their
number one constraint on growth is the inability to hire workers with the necessary skills. S. 2045, the American
Competitiveness in the Twenty-First Century Act, and the untitled H.R. 5362 together recognize the importance of
allowing additional skilled workers to work in the United States in the short-run, while supporting longer-term efforts
to prepare American workers for the jobs of the new economy by increasing our investments in education and training.
The President also called on Congress to ensure fairness for immigrants who have lived and worked in this country for
years by passing the Latino and Immigrant Fairness Act.
A PREPARED WORKFORCE FOR AMERICA - TODAY AND IN THE FUTURE
Together, these laws accomplish a number of key Administration priorities:
Increase the number of H-1B visas available to 195,000 for each of the next three years (prior law would have
capped the visas at 107,500 for FY 01, and 65,000 for subsequent years);
Increase the fee charged to employers using the program from $500 per visa to $1000, and direct the majority of
the funds to training U.S. workers. If FY 2001 alone, the new legislation will generate an estimated $170
million in additional funds to educate and train U.S. students and workers, including an estimated additional:
$101 million to the Labor Department to fund projects to train U.S. workers seeking the necessary skills for
jobs for which employers seek H-1B workers.
$69 million for the National Science Foundation to provide scholarships to low-income individuals pursuing
degrees in math, engineering or computer science and to support programs to improve K-12 education in
math, science and technology.
Generate, through the increased fees, an estimated $15 million of additional funds this year for the Departments
of Labor and Justice for program administration and enforcement.
Extend the hard-won protections for U.S. workers included in the American Competitiveness and Workforce
Improvement Act of 1998.
PRESIDENT DIRECTS MONITORING OF IMPACT OF CERTAIN PROVISIONS
The President is concerned that certain provisions in the legislation could, in some cases: 1) weaken existing protections
designed to ensure that the H-1B program does not undercut the wages and working conditions of U.S. workers; and 2)
increase the vulnerability of H-1B workers to any unscrupulous employers using the program. The President has directed
the Immigration and Naturalization Service, in consultation with the Departments of State and Labor, to monitor the
impact of these provisions to determine whether the next Congress should revisit these changes to the H-1B program:
H-1B Visa Portability would allow an H-1B visa holder to work for an employer who has not yet been approved
for H-1B program participation.
Extensions of H-1B Visa Status could have the unintended consequence of allowing an H-1B visa holder
applying for permanent resident status to remain in H-1B status well beyond the current six-year limit on H-1B
visas while waiting for a permanent visa to become available.
MORE WORK REMAINS TO BE DONE
The President remains committed to ensuring fairness for immigrants who-have been in this country for years, working
hard and paying taxes. The Latino and Immigrant Fairness Act (LIFA) will allow people who have lived here for fifteen
years or more, and established families and strong ties to their communities, to become permanent residents. It will also
amend the Nicaraguan Adjustment and Central American Relief Act (NACARA) to extend the same protections
currently offered to people from Cuba and Nicaragua to immigrants from Honduras, Guatemala, El Salvador, Haiti and
Liberia who fled to this country to escape serious hardships. Finally, it will allow families to stay together while their
applications for permanent resident status are being processed. The President continues to strongly insist on passage of
the Latino and Immigrant Fairness Act this year, before Congress adjourns.
STATEMENT BY THE PRESIDENT:
Signing of "American Competitiveness in the Twenty-First Century Act"
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
October 17, 2000
STATEMENT BY THE PRESIDENT
I am pleased today to sign into law S. 2045, the "American Competitiveness in the
Twenty-First Century Act," and H.R. 5362, an Act to increase the fees charged to employers who
petition to employ H-1B non-immigrant workers. Together, these laws increase the number of
H-1B visas available to bring in highly skilled foreign temporary workers and double the fee
charged to employers using the program to provide critical funding for training U.S. workers and
students. The Acts recognize the importance of allowing additional skilled workers into the
United States to work in the short-run, while supporting longer-term efforts to prepare American
workers for the jobs of the new economy.
At the core of my economic strategy has been the belief that fiscal discipline and freeing
up capital for private sector investment must be accompanied by a commitment to invest in
human capital. The growing demand for workers with high-tech skills is a dramatic illustration
of the need to "put people first" and increase our investments in education and training. Today,
many companies are reporting that their number one constraint on growth is the inability to hire
workers with the necessary skills. In today's knowledge-based economy, what you earn depends
on what you learn. Jobs in the information technology sector, for example, pay 85 percent more
than the private sector average.
My Administration has made clear that any increase in H-1B visas should be temporary
and limited in number, that the fee charged to employers using the program should be increased
significantly, and that the majority of the funds generated by the fee must go to the Department
of Labor to fund training for U.S. workers seeking the necessary skills for these jobs. This
legislation does those things. But the need to educate and train workers for these high-skilled
jobs goes beyond what has been addressed here.
I want to challenge the high-tech companies to redouble their efforts to find long-term
solutions to the rapidly growing demand for workers with technical skills. This will require
doing more to improve K-12 science and math education, upgrading the skills of our existing
workforce, and recruiting from under-represented groups such as older workers, minorities,
women, persons with disabilities, and residents of rural areas. Many companies have important
initiatives in these areas, but we clearly need to be doing more.
This legislation contains a number of provisions that merit concern. For example, one provision
allows an H-1B visa holder to work for an employer who has not yet been approved for
participation in the H-1B program. In addition, there are provisions that could have the
unintended consequence of allowing an H-1B visa holder who is applying for a permanent visa
to remain in H-1B status well beyond the current 6-year limit. I am concerned that these
provisions could weaken existing protections that ensure that the H1-B program does not
undercut the wages and working conditions of U.S. workers, and could also increase the
vulnerability of H--1B workers to any unscrupulous employers using the program. For example,
one of the key requirements of the H-1B program is that the foreign worker is paid the same
wage as U.S. workers doing the same job. This legislation, however, by allowing H-1B workers
to change employers before a new employer's application has been approved, could result in an
employer -- knowingly or unknowingly -- not paying the prevailing wage. For these reasons, I
am directing the Immigration and Naturalization Service, in consultation with the Department of
State and the Department of Labor, to closely monitor the impact of these provisions to
determine whether the next congress should revisit these changes made to the H-1B program.
I had hoped that the Congress would take this opportunity to address important issues of fairness
affecting many immigrants already in this country. We need to meet the needs of the high-tech
industry by raising the number of visas for temporary high-tech workers. But we also must
ensure fairness for immigrants who have been in this country for years, working hard and paying
taxes. The Latino and Immigrant Fairness Act (LIFA) will allow people who have lived here for
15 years or more - and who have established families and strong ties to their communities - to
become permanent residents. It will also amend the Nicaraguan Adjustment and Central
American Relief Act (NACARA) to extend the same protections currently offered to people
from Cuba and Nicaragua to immigrants from Honduras, Guatemala, El Salvador, Haiti, and
Liberia who fled to this country to escape serious hardship. Finally, it will allow families to stay
together while their applications for permanent resident status are being processed. These
fundamental fairness provisions have been embraced by humanitarian groups, business groups,
and Members of the Congress from both sides of the aisle. I will continue to insist strongly on
passage of the Latino and Immigrant Fairness Act this year, before the Congress adjourns.
WILLIAM J. CLINTON
THE WHITE HOUSE,
October 17, 2000.
###
THE CLINTON-GORE ADMINISTRATION:
GROWING THE NEW ECONOMY WITH INCREASED TRAINING
AND ADDITIONAL SKILLED WORKERS
October 17, 2000
President Clinton today signed into law new legislation to increase the number of H-1B visas available to bring
in highly skilled foreign temporary workers and to double the fee charged to employers using the program in
order to provide critical funding for training U.S. workers and students. Many companies are reporting that their
number one constraint on growth is the inability to hire workers with the necessary skills. S. 2045, the American
Competitiveness in the Twenty-First Century Act, and the untitled H.R. 5362 together recognize the importance of
allowing additional skilled workers to work in the United States in the short-run, while supporting longer-term efforts
to prepare American workers for the jobs of the new economy by increasing our investments in education and training.
The President also called on Congress to ensure fairness for immigrants who have lived and worked in this country for
years by passing the Latino and Immigrant Fairness Act.
A PREPARED WORKFORCE FOR AMERICA - TODAY AND IN THE FUTURE
Together, these laws accomplish a number of key Administration priorities:
Increase the number of H-1B visas available to 195,000 for each of the next three years (prior law would have
capped the visas at 107,500 for FY 01, and 65,000 for subsequent years);
Increase the fee charged to employers using the program from $500 per visa to $1000, and direct the majority of
the funds to training U.S. workers. If FY 2001 alone, the new legislation will generate an estimated $170
million in additional funds to educate and train U.S. students and workers, including an estimated additional:
$101 million to the Labor Department to fund projects to train U.S. workers seeking the necessary skills for
jobs for which employers seek H-1B workers.
$69 million for the National Science Foundation to provide scholarships to low-income individuals pursuing
degrees in math, engineering or computer science and to support programs to improve K-12 education in
math, science and technology.
Generate, through the increased fees, an estimated $15 million of additional funds this year for the Departments
of Labor and Justice for program administration and enforcement.
Extend the hard-won protections for U.S. workers included in the American Competitiveness and Workforce
Improvement Act of 1998.
PRESIDENT DIRECTS MONITORING OF IMPACT OF CERTAIN PROVISIONS
The President is concerned that certain provisions in the legislation could, in some cases: 1) weaken existing protections
designed to ensure that the H-1B program does not undercut the wages and working conditions of U.S. workers; and 2)
increase the vulnerability of H-1B workers to any unscrupulous employers using the program. The President has directed
the Immigration and Naturalization Service, in consultation with the Departments of State and Labor, to monitor the
impact of these provisions to determine whether the next Congress should revisit these changes to the H-1B program:
H-1B Visa Portability would allow an H-1B visa holder to work for an employer who has not yet been approved
for H-1B program participation.
Extensions of H-1B Visa Status could have the unintended consequence of allowing an H-1B visa holder
applying for permanent resident status to remain in H-1B status well beyond the current six-year limit on H-1B
visas while waiting for a permanent visa to become available.
MORE WORK REMAINS TO BE DONE
The President remains committed to ensuring fairness for immigrants who have been in this country for years, working
hard and paying taxes. The Latino and Immigrant Fairness Act (LIFA) will allow people who have lived here for fifteen
years or more, and established families and strong ties to their communities, to become permanent residents. It will also
amend the Nicaraguan Adjustment and Central American Relief Act (NACARA) to extend the same protections
currently offered to people from Cuba and Nicaragua to immigrants from Honduras, Guatemala, El Salvador, Haiti and
Liberia who fled to this country to escape serious hardships. Finally, it will allow families to stay together while their
applications for permanent resident status are being processed. The President continues to strongly insist on passage of
the Latino and Immigrant Fairness Act this year, before Congress adjourns.
STATEMENT BY THE PRESIDENT:
Signing of "American Competitiveness in the Twenty-First Century Act"
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
October 17, 2000
STATEMENT BY THE PRESIDENT
I am pleased today to sign into law S. 2045, the "American Competitiveness in the
Twenty-First Century Act," and H.R. 5362, an Act to increase the fees charged to employers who
petition to employ H-1B non-immigrant workers. Together, these laws increase the number of
H-1B visas available to bring in highly skilled foreign temporary workers and double the fee
charged to employers using the program to provide critical funding for training U.S. workers and
students. The Acts recognize the importance of allowing additional skilled workers into the
United States to work in the short-run, while supporting longer-term efforts to prepare American
workers for the jobs of the new economy.
At the core of my economic strategy has been the belief that fiscal discipline and freeing
up capital for private sector investment must be accompanied by a commitment to invest in
human capital. The growing demand for workers with high-tech skills is a dramatic illustration
of the need to "put people first" and increase our investments in education and training. Today,
many companies are reporting that their number one constraint on growth is the inability to hire
workers with the necessary skills. In today's knowledge-based economy, what you earn depends
on what you learn. Jobs in the information technology sector, for example, pay 85 percent more
than the private sector average.
My Administration has made clear that any increase in H-1B visas should be temporary
and limited in number, that the fee charged to employers using the program should be increased
significantly, and that the majority of the funds generated by the fee must go to the Department
of Labor to fund training for U.S. workers seeking the necessary skills for these jobs. This
legislation does those things. But the need to educate and train workers for these high-skilled
jobs goes beyond what has been addressed here.
I want to challenge the high-tech companies to redouble their efforts to find long-term
solutions to the rapidly growing demand for workers with technical skills. This will require
doing more to improve K-12 science and math education, upgrading the skills of our existing
workforce, and recruiting from under-represented groups such as older workers, minorities,
women, persons with disabilities, and residents of rural areas. Many companies have important
initiatives in these areas, but we clearly need to be doing more.
This legislation contains a number of provisions that merit concern. For example, one provision
allows an H-1B visa holder to work for an employer who has not yet been approved for
participation in the H-1B program. In addition, there are provisions that could have the
unintended consequence of allowing an H-1B visa holder who is applying for a permanent visa
to remain in H-1B status well beyond the current 6-year limit. I am concerned that these
provisions could weaken existing protections that ensure that the H1-B program does not
undercut the wages and working conditions of U.S. workers, and could also increase the
vulnerability of H--1B workers to any unscrupulous employers using the program. For example,
one of the key requirements of the H-1B program is that the foreign worker is paid the same
wage as U.S. workers doing the same job. This legislation, however, by allowing H-1B workers
to change employers before a new employer's application has been approved, could result in an
employer -- knowingly or unknowingly -- not paying the prevailing wage. For these reasons, I
am directing the Immigration and Naturalization Service, in consultation with the Department of
State and the Department of Labor, to closely monitor the impact of these provisions to
determine whether the next congress should revisit these changes made to the H-1B program.
I had hoped that the Congress would take this opportunity to address important issues of fairness
affecting many immigrants already in this country. We need to meet the needs of the high-tech
industry by raising the number of visas for temporary high-tech workers. But we also must
ensure fairness for immigrants who have been in this country for years, working hard and paying
taxes. The Latino and Immigrant Fairness Act (LIFA) will allow people who have lived here for
15 years or more and who have established families and strong ties to their communities - to
become permanent residents. It will also amend the Nicaraguan Adjustment and Central
American Relief Act (NACARA) to extend the same protections currently offered to people
from Cuba and Nicaragua to immigrants from Honduras, Guatemala, El Salvador, Haiti, and
Liberia who fled to this country to escape serious hardship. Finally, it will allow families to stay
together while their applications for permanent resident status are being processed. These
fundamental fairness provisions have been embraced by humanitarian groups, business groups,
and Members of the Congress from both sides of the aisle. I will continue to insist strongly on
passage of the Latino and Immigrant Fairness Act this year, before the Congress adjourns.
WILLIAM J. CLINTON
THE WHITE HOUSE,
October 17, 2000.
###
H1B Plus
EWIC
Essential Worker Immigration Coalition
September 8, 2000
The Honorable Edward Kennedy
United States Senate
Washington, D.C. 20510
Dear Senator Kennedy:
The Essential Worker Immigration Coalition (EWIC) is a coalition of businesses,
trade associations, and other organizations from across the industry spectrum concerned
with the shortage of both semi-skilled and unskilled ("essential worker") labor.
While all sectors of the economy have benefited from the extended period of
economic growth, one significant impediment to continued growth is the shortage of
essential workers. With unemployment rates in some areas approaching zero and despite
continuing vigorous and successful welfare-to-work, school-to-work, and other
recruitment efforts, some businesses are now finding themselves with no applicants of
any kind for numerous job openings. There simply are not enough workers in the U.S. to
meet the demand of our strong economy, and we must recognize that forcign workers are
part of the answer.
Furthermore, in this tight labor market, it can be devastating when a business
loses employees because they are found to be in the U.S. illegally. Many of these workers
have been in this country for years: paying taxes and building lives. EWIC supports
measures that will allow them to remain productive members of our society.
We believe there are several steps Congress can take now to help stabilize the
current workforce:
Update the registry date. As has been done in the past, the registry date should be
moved forward, this time from 1972 to 1986. This would allow undocumented
immigrants who have lived and worked in the U.S. for many years to remain here
permanently.
Restore Section 245(i). A provision of immigration law, Section 245(i), allowed
eligible people living here to pay a $1,000 fee and adjust their status in this country.
Since Section 245(i) was grandfathered in 1998, INS backlogs have skyrocketed,
families have been separated, businesses have lost valuable employees, and eligible
people must leave the country (often for years) in order to adjust.
Pass the Central American and Haitian Adjustment Act. Refugees from certain
Central American and Caribbean countries currently are eligible to become permanent
residents. However, current law does not help others in similar circumstances.
Congress needs to act to ensure that refugees from El Salvador, Guatemala, Haiti and
Honduras have the same opportunity to become permanent residents.
We are also enclosing our reform agenda which includes our number one priority:
allowing employers facing worker shortages greater access to the global labor market.
EWIC's members employ many immigrants and support immigration reforms that unite
families and help stabilize the current U.S. workforce. We look forward to working with
you to pass all of these important measures.
Sincerely,
Essential Worker Immigration Coalition
Enclosures:
- Reform Agenda
- List of Members
Essential Worker Immigration Coulition
1201 New York Avenue, NW, Suite 600
Washington, DC 20005-3931
www.ewic.org
[email protected] [email protected]
EWIC
Essential Worker Immigration Coalition
MEMBERS
American Health Care Association
American Hotel & Motel Association
American Immigration Lawyers Association
American Meat Institute
American Road & Transportation Builders Association
American Nursery & Landscape Association
Associated Builders and Contractors
Associated General Contractors
The Brickman Group, Ltd.
Building Service Contractors Association International
Carlson Hotels Worldwide and Radisson
Carlson Restaurants Worldwide and TGI Friday's
Cracker Barrel Old Country Store
Harborside Healthcare Corporation
Ingersoil-Rand
International Association of Amusement Parks and Attractions
International Mass Retail Association
Manufactured Housing Institute
Nath Companies
National Association for Home Care
National Association of Chain Drug Stores
National Association of RV Parks & Campgrounds
National Council of Chain Restaurants
National Retail Federation
National Restaurant Association
National Roofing Contractors Association
National Tooling & Machining Association
National School Transportation Association
Outdoor Amusement Business Association
Resort Recreation & Tourism Management
US Chamber of Commerce
Essential Worker Immigration Coalition
1201 New York Avenue, NW, Suite 600
Washington, DC 20005-3931
www.cwic.org
[email protected] [email protected]
EWIC
Essential Worker Immigration Coalition
Reform Agenda
The Essential Worker Immigration Coalition (EWIC) is a coalition of businesses, trade
associations, and other organizations from across the industry spectrum concerned with the
shortage of both semi-skilled and unskilled ("essential worker") labor. This document lays out
EWIC's principles for essential worker immigration reform.
New Legal Immigration Programs Based on U.S. Worker Shortage
Short-term: an effective H-2B-like program
Long-term: an employment-based visa that could be converted to permanent residence
Permanent: employment-based permanent residence for essential workers through an
application process that is straightforward and quickly completed
Regularization of Certain Undocumented Workers Currently in the U.S.
Establish a one-time mechanism to allow undocumented workers in the U.S. to convert to
a legal status - a conditional employment-based status leading to permanent status
Regularization initiatives should be matched to employability, although not necessarily a
particular employer:
the worker should document actual or prospective employment to qualify
the employer documenting actual employment should be forgiven for any
employer sanctions violation
Workable Immigration Enforcement System
Employer sanctions repeal (Immigration Reform and Control Act of 1986)
Employer sanctions repeal should be paired with an updated legal immigration system to
reduce undocumented immigration
Maintenance of Existing Worker Protections
A new immigration system should not result in any diminution or expansion of current
worker protections
Essential Worker Immigration Coalition
1201 New York Avenue, NW, Suite 600
Washington, DC 20005-3931
www.ewic.org
[email protected] [email protected]
Highlights of the "Latino and Immigrant Fairness Act of 2000"
S. 2912 + Liberians
The Administration is on record supporting a bill introduced by Senator Kennedy on July 26, "Latino
and Immigrant Fairness Act of 2000" (S. 2912), plus wants a provision added to S. 2912 that will
provide relief to Liberians. The Administration is not on record supporting a Kennedy amended
version of the "Latino and Immigrant Fairness Act of 2000" (S. 3095) that provides coverage for
Liberians and Russians/Eastern Europeans. Attached is S. 2912 amended to correct technical
errors and to include Liberians.
S. 2912:
Provides Expanded Relief to Salvadoran, Guatemalaus, Hondurans and Liberians:
Amends the Nicaraguan Adjustment and Central American Relief Act (NACARA), which
provided for adjustment of status of Nicaraguans and Cubans, to expand coverage to
individuals from El Salvador, Guatemala, and Honduras.
Salvadoran, Guatemalans and Haitians will be eligible for the more extensive adjustment
opportunities available under Section 202 of NACARA, compared to the limited benefits
available under the Haitian Fairness Act or Section 203 of NACARA. Hondurans are given
NACARA coverage for the first time under this bill.
Permits Liberians who have been physically present in the country continuously since December
1, 1996, to apply for adjustment of status.
Reauthorizes the 245(i) Provision:
The Administration sought the reauthorization of the 245(i) provision in the FY 2001 Budget.
The 245(i) adjustment of status penalty provision, which expired in 1998, permits certain
migrants, upon payment of a $1,000 penalty, to adjust their immigration status while remaining
in the United States.
The proposal splits the penalty revenue between detention and immigration services as
requested in the Budget.
Changes Registry Date:
Changes the registry date from 1972 to 1986. This date change permits eligible aliens who can
prove entry prior to 1986 and have resided here continuously to adjust their status and remain
legally.
The Administration had unsuccessfully sought this date change in 1996 in IIRIRA. This is
essentially an administrative fix (date changes go back to 1924) that will ensure the country
does not have a large undocumented illegal population.
II
Calendar No. 717
106TH CONGRESS
2D SESSION
S.2912
To amend the Immigration and Nationality Act to remove certain limitations
on the eligibility of aliens residing in the United States to obtain lawful
permanent resident status.
IN THE SENATE OF THE UNITED STATES
JULY 25, 2000
Mr. KENNEDY (for himself, Mr. REID, Mr. DURBIN, Mr. GRAHAM, Mr.
LEAHY, Mr. WELLSTONE, and Mr. DASCHLE) introduced the following
bill; which was read the first time
JULY 26, 2000
Read the second time and placed on the calendar
A BILL
To amend the Immigration and Nationality Act to remove
certain limitations on the eligibility of aliens residing
in the United States to obtain lawful permanent resident
status.
1.
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4
This Act may be cited as the "Latino and Immigrant
5 Fairness Act of 2000".
2
1
TITLE I-CENTRAL AMERICAN
2
AND HAITIAN PARITY
3 SEC. 101. SHORT TITLE.
4
This title may be cited as the "Central American and
5 Haitian Parity Act of 2000".
6 SEC. 102. ADJUSTMENT OF STATUS FOR CERTAIN NATION-
7
ALS FROM EL SALVADOR, GUATEMALA, HON-
8
DURAS, AND HAITI.
9
Section 202 of the Nicaraguan Adjustment and Cen-
10 tral American Relief Act is amendedĐ
11
(1) in the section heading, by striking "NICA-
12
RAGUANS AND CUBANS" and inserting "NICA-
13
RAGUANS, CUBANS, SALVADORANS, GUATEMALANS,
14
HONDURANS, AND HAITLANS";
15
(2) in subsection (a)(1)(A), by striking "2000"
16
and inserting 200$
17
(3) in subsection (b)(1), by striking "Nicaragua
18
or Cuba" and inserting "Nicaragua, Cuba, El Sal-
19
vador, Guatemala, Honduras, or Haiti"; and
20
Γ
(4) in subsection (d)D
21
(A) in subparagraph (A), by striking
22
"Nicaragua or Cuba" and inserting "Nica-
23
ragua, Cuba, El Salvador, Guatamala, Hon-
24
duras, or Haiti; and
_________________________
.S 2912 PCS
3
1
(B) in subparagraph (E), by striking
2
"2000" and inserting 2003'4
3 SEC. 103. APPLICATIONS PENDING UNDER AMENDMENTS
4
MADE BY SECTION 203 OF THE NICARAGUAN
5
ADJUSTMENT AND CENTRAL AMERICAN RE-
6
LIEF ACT.
7
An application for relief properly filed by a national
8 of Guatemala or El Salvador under the amendments made
9 by section 203 of the Nicaraguan Adjustment and Central
10 American Relief Act which was filed on or before the date
11 of enactment of this Act, and on which a final administra-
12 tive determination has not been made, shall, at the election
13 of the applicant, be considered to be an application for
14 adjustment of status under the provisions of section 202
15 of the Nicaraguan Adjustment and Central American Re-
16 lief Act, as amended by section
12 of this Act, upon
17 the payment of any fees, and in accordance with proce-
18 dures, that the Attorney General shall prescribe by regula-
19 tion. The Attorney General may not refund any fees paid
20 in connection with an application filed by a national of
21 Guatemala or El Salvador under the amendments made
22 by section 203 of that Act.
the NICARAGUAN Adjustment and CENTRAL
American Relief
.8 2912 PCS
4
1 SEC. 104. APPLICATIONS PENDING UNDER THE HAITIAN
2
REFUGEE IMMIGRATION FAIRNESS ACT OF
3
1998.
4
An application for adjustment of status properly filed
5 by a national of Haiti under the Haitian Refugee Immi-
6 gration Fairness Act of 1998 which was filed on or before
7 the date of enactment of this Act, and on which a final
8 administrative determination has not been made, may be
9 considered by the Attorney General, in the unreviewable
10 discretion of the Attorney General, to also constitute an
11 application for adjustment of status under the provisions
12 of section 202 of the Nicaraguan Adjustment and Central
13 American Relicf Act, as amended by /section
12 of
14 this Act.
15 SEC. 105. TECHNICAL AMENDMENTS TO THE NICARAGUAN
16
ADJUSTMENT AND CENTRAL AMERICAN RE-
17
LIEF ACT.
18
(a) IN GENERAL.} Section 202 of the Nicaraguan
19 Adjustment and Central American Relief Act is
20 amendedĐ
21
(1) in subsection (a)D
22
(A) by inserting before the period at the
23
end of paragraph (1) (B) the following: `; and
24
the Attorney General may, in the unreviewable
25
discretion of the Attorney General, waive the
26
grounds of inadmissibility specified in section
-S 2912 PCS
5
1
212(a)(1) (A)(i) and (6)(C) of such Act for hu-
2
manitarian purposes, to assure family unity, or
3
when it is otherwise in the public interest";
4
(B) by redesignating paragraph (2) as
5
paragraph (3);
6
(C) by inserting after paragraph (1) the
7
following:
8
"(2) INAPPLICABILITY OF CERTAIN PROVI-
9
SIONS.Đ In determining the eligibility of an alien de-
10
scribed in subsection (b) or (d) for either adjustment
11
of status under this section or other relief necessary
12
to establish eligibility for such adjustment, the provi-
13
sions of section 241(a)(5) of the Immigration and
14
Nationality Act shall not apply. In addition, an alien
15
who would otherwise be inadmissible pursuant to
16
section 212(a)(9) (A) or (C) of such Act may apply
17
for the Attorney General's consent to reapply for ad-
18
mission without regard to the requirement that the
19
consent be granted prior to the date of the alien's
20
reembarkation at a place outside the United States
21
or attempt to be admitted from foreign contiguous
22
territory, in order to qualify for the exception to
23
those grounds of inadmissibility set forth in section
24
212(a)(9) (A)(iii) and (C)(ii) of such Act."; and
.S 2912 PCS
6
1
(D) by amending paragraph (3) (as redes-
2
ignated by subparagraph (B)) to read as fol-
3
lows:
4
"(3) RELATIONSHIP OF APPLICATION TO CER-
5
TAIN ORDERS.} An alien present in the United
6
States who has been ordered excluded, deported, or
7
removed, or ordered to depart voluntarily from the
8
United States under any provision of the Immigra-
9
tion and Nationality Act may, notwithstanding such
10
order, apply for adjustment of status under para-
11
graph (1). Such an alien may not be required, as a
12
condition of submitting or granting such application,
13
to file a separate motion to rcopen, reconsider, or
14
vacate such order. Such an alien may be required to
15
seek a stay of such an order in accordance with sub-
16
section (c) to prevent the execution of that order
17
pending the adjudication of the application for ad-
18
justment of status. If the Attorney General denies a
19
stay of a final order of exclusion, deportation, or re-
20
moval, or if the Attorney General renders a final ad-
21
ministrative determination to deny the application
22
for adjustment of status, the order shall be effective
23
and enforceable to the same extent as if the applica-
24
tion had not been made. If the Attorney General
.S 2912 PCS
7
1
grants the application for adjustment of status, the
2
Attorney General shall cancel the order.";
3
(2) in subsection (b)(1), by adding at the end
4
the following: "Subsection (a) shall not apply to an
5
alien lawfully admitted for permanent residence, un-
6
less the alien is applying for relief under that sub-
7
section in deportation or removal proceedings.";
8
(3) in subsection (c)(1), by adding at the end
9
the following: "Nothing in this Act requires the At-
10
torney General to stay the removal of an alien who
11
is ineligible for adjustment of status under this
12
Act.";
13
(4) in subsection (d)±)
14
(A) by amending the subsection heading to
15
read as follows: "SPOUSES, CHILDREN, AND
16
UNMARRIED SONS AND DAUGHTERS.H
17
(B) by amending the heading of paragraph
18
(1) to read as follows: "ADJUSTMENT OF STA-
19
TUS.D
20
(C) by amending paragraph (1) (A) to read
21
as follows:
22
"(A) the alien entered the United States
23
on or before the date of enactment of the Cen-
24
tral American and Haitian Parity Act of
25
2000;";
.S 2912 PCS
8
1
(D) in paragraph (1)(B), by striking "ex-
2
cept that in the case of" and inserting the fol-
3
lowing: "except thatD
4
"(i) in the case of such a spouse, step-
5
child, or unmarried stepson or step-
6
daughter, the qualifying marriage was en-
7
tered into before the date of enactment of
8
the Central American and Haitian Parity
9
Act of 2000; and
10
"(ii) in the case of"; and
11
(E) by adding at the end the following new
12
paragraph:
13
"(3) ELIGIBILITY OF CERTAIN SPOUSES AND
14
CHILDREN FOR ISSUANCE OF IMMIGRANT VISAS.
15
"(A) IN GENERAL.E In accordance with
16
regulations to be promulgated by the Attorney
17
General and the Secretary of State, upon ap-
18
proval of an application for adjustment of sta-
19
tus to that of an alien lawfully admitted for
20
permanent residence under subsection (a), an
21
alien who is the spouse or child of the alien
22
being granted such status may be issued a visa
23
for admission to the United States as an immi-
24
grant following to join the principal applicant,
25
if the spouse or child+
.S 2912 PCS
9
1
``(i) meets the requirements in para-
2
graphs (1)(B) and (1)(D); and
3
"(ii) applies for such a visa within a
4
time period to be established by such regu-
5
lations.
6
"(B) RETENTION OF FEES FOR PROC-
7
ESSING APPLICATIONS.E The Secretary of State
8
may retain fees to recover the cost of immi-
9
grant visa application processing and issuance
10
for certain spouses and children of aliens whose
11
applications for adjustment of status under sub-
12
section (a) have been approved. Such feesD
13
``(i) shall be deposited as an offsetting
14
collection to any Department of State ap-
15
propriation to recover the cost of such
16
processing and issuance; and
17
``(ii) shall be available until expended
18
for the same purposes of such appropria-
19
tion to support consular activities.";
20
(5) in subsection (g), by inserting ``, or an im-
21
migrant classification," after "for permanent resi-
22
dence"; and
23
(6) by adding at the end the following new sub-
24
section:
-S 2912 PCS
10
1
"(i) STATUTORY CONSTRUCTION.D Nothing in this
2 section authorizes any alien to apply for admission to, be
3 admitted to, be paroled into, or otherwise lawfully return
4 to the United States, to apply for, or to pursue an applica-
5 tion for adjustment of status under this section without
6 the express authorization of the Attorney General."
7
(b) EFFECTIVE DATE. D The amendments made by
X
(a)
8 paragraphs (1)(D), (2), and (6) shall be effective as if in-
9 cluded in the enactment of the Nicaraguan and Central
10 American (a) Relief Act. The amendments made by para-
11 graphs (1) (A) ±C), (3), (4), and (5) shall take effect on
12 the date of enactment of this Act.
13 SEC. 106. TECHNICAL AMENDMENTS TO THE HAITIAN REF-
14
UGEE IMMIGRATION FAIRNESS ACT OF 1998.
15
(a) IN GENERAL. Section 902 of the Haitian Ref-
16 ugee Immigration Fairness Act of 1998 is amendedD
17
(1) in subsection (a)D
18
(A) by inserting before the period at the
in the
19
end of paragraph (1)(B) the following: `; and
unreviewable
20
the Attorney General may, waive the grounds of
discretion OF
21
ThE Attorney
inadmissibility specified in section 212(a)
general,
22
(1)(A)(i) and (6)(C) of such Act for humani-
23
tarian purposes, to assure family unity, or when
24
it is otherwise in the public interest";
-S 2912 PCS
11
1
(B) by redesignating paragraph (2) as
2
paragraph (3);
3
(C) by inserting after paragraph (1) the
4
following:
5
"(2) INAPPLICABILITY OF CERTAIN PROVI-
6
SIONS. In determining the eligibility of an alien de-
7
scribed in subsection (b) or (d) for either adjustment
8
of status under this section or other relief necessary
9
to establish eligibility for such adjustment, or for
10
permission to reapply for admission to the United
11
States for the purpose of adjustment of status under
12
this section, the provisions of section 241(a)(5) of
13
the Immigration and Nationality Act shall not apply.
14
In addition, an alien who would otherwise be inad-
15
missible pursuant to section 212(a)(9) (A) or (C) of
16
such Act may apply for the Attorney General's con-
17
sent to reapply for admission without regard to the
18
requirement that the consent be granted prior to the
19
date of the alien's reembarkation at a place outside
20
the United States or attempt to be admitted from
21
foreign contiguous territory, in order to qualify for
22
the exception to those grounds of inadmissibility set
23
forth in section 212(a)(9) (A)(iii) and (C)(ii) of such
24
Act."; and
.S 2912 PCS
12
1
(D) by amending paragraph (3) (as redes-
2
ignated by subparagraph (B)) to read as fol-
3
lows:
4
"(3) RELATIONSHIP OF APPLICATION TO CER-
5
TAIN ORDERS. An alien present in the United
6
States who has been ordered excluded, deported, re-
7
moved, or ordered to depart voluntarily from the
8
United States under any provision of the Immigra-
9
tion and Nationality Act may, notwithstanding such
10
order, apply for adjustment of status under para-
11
graph (1). Such an alien may not be required, as a
12
condition of submitting or granting such application,
13
to file a separate motion to reopen, reconsider, or
14
vacate such order. Such an alien may be required to
15
seek a stay of such an order in accordance with sub-
16
section (c) to prevent the execution of that order
17
pending the adjudication of the application for ad-
18
justment of status. If the Attorney General denies a
19
stay of a final order of exclusion, deportation, or re-
20
moval, or if the Attorney General renders a final ad-
21
ministrative determination to deny the application
22
for adjustment of status, the order shall be effective
23
and enforceable to the same extent as if the applica-
24
tion had not been made. If the Attorney General
.S 2912 PCS
13
1
grants the application for adjustment of status, the
2
Attorney General shall cancel the order.";
3
(2) in subsection (b)(1), by adding at the end
4
the following: "Subsection (a) shall not apply to an
5
alien lawfully admitted for permanent residence, un-
6
less the alien is applying for such relief under that
7
subsection in deportation or removal proccedings.";
8
(3) in subsection (c)(1), by adding at the end
9
the following: "Nothing in this Act shall require s the
X
10
Attorney General to stay the removal of an alien
11
who is ineligible for adjustment of status under this
12
Act." ;
13
(4) in subsection (d)
14
(A) by amending the subsection heading to
15
read as follows: "SPOUSES, CHILDREN, AND
16
UNMARRIED SONS AND DAUGHTERS.D'
17
(B) by amending the heading of paragraph
18
(1) to read as follows: "ADJUSTMENT OF STA-
19
TUS.D";
20
(C) by amending paragraph (1)(A), to read
21
as follows:
22
"(A) the alien entered the United States
23
on or before the date of enactment of the Cen-
24
tral American and Haitian Parity Act of
25
2000;";
.S 2912 PCS
14
1
(D) in paragraph (1)(B), by striking "ex-
2
cept that in the case of" and inscrting the fol-
3
lowing: "except that
4
``(i) in the case of such a spouse, step-
5
child, or unmarried stepson or step-
6
daughter, the qualifying marriage was en-
7
tered into before the date of enactment of
8
the Central American and Haitian Parity
9
Act of 2000; and
10
``(ii) in the case of";
11
(E) by adding at the end of paragraph (1)
12
the following new subparagraph:
13
"(E) the alien applies for such adjustment
14
before April & 2003 ; and
15
(F) by adding at the end the following new
16
paragraph:
17
"(3) ELIGIBILITY OF CERTAIN SPOUSES AND
18
CHILDREN FOR ISSUANCE OF IMMIGRANT VISAS. D
19
"(A) IN GENERAL. In accordance with
20
regulations to be promulgated by the Attorney
21
General and the Secretary of State, upon ap-
22
proval of an application for adjustment of sta-
23
tus to that of an alien lawfully admitted for
24
permanent residence under subsection (a), an
25
alien who is the spouse or child of the alien
.S 2912 PCS
15
1
being granted such status may be issued a visa
2
for admission to the United States as an immi-
3
grant following to join the principal applicant,
4
if the spouse or childD
5
"(i) meets the requirements in para-
6
graphs (1)(B) and (1)(D); and
7
"(ii) applies for such a visa within a
8
time period to bc established by such regu-
9
lations.
10
"(B) RETENTION OF FEES FOR PROC-
11
ESSING APPLICATIONS.E The Secretary of State
12
may retain fees to recover the cost of immi-
13
grant visa application processing and issuance
14
for certain spouses and children of aliens whose
15
applications for adjustment of status under sub-
16
section (a) have been approved. Such feesD
17
"(i) shall be deposited as an offsetting
18
collection to any Department of State ap-
19
propriation to recover the cost of such
20
processing and issuance; and
21
``(ii) shall be available until expended
22
for the same purposes of such appropria-
23
tion to support consular activities.";
-S 2912 PCS
16
1
(5) in subsection (g), by inserting ``, or an im-
2
migrant classification," after 'for permanent resi-
3
dence";
4
(6) by redesignating subsections (i), (j), and (k)
5
as subsections (j), (k), and (1), respectively; and
6
(7) by inserting after subsection (h) the fol-
7
lowing new subsection:
8
"(i) STATUTORY CONSTRUCTION.D Nothing in this
9 section authorizes any alien to apply for admission to, be
10 admitted to, be paroled into, or otherwise lawfully return
11 to the United States, to apply for, or to pursue an applica-
12 tion for adjustment of status under this section without
13 the express authorization of the Attorney General."
14
(b) EFFECTIVE DATE.Đ The amendments made by
(a)
15 paragraphs, (1)(D), (2), and (6) shall be effective as if in-
16 cluded in the enactment of the Haitian Refugee Immigra-
17 tion Fairness (a) Act of 1998. The amendments made by
18 paragraphs (1) (A) ±C), (3), (4), and (5) shall take effect
19 on the date of enactment of this Act:
20 SEC. 107. MOTIONS TO REOPEN.
21
(a) NATIONALS OF HAITI.Đ Notwithstanding any
22 time and number limitations imposed by law on motions
23 to reopen, a national of Haiti who, on the date of enact-
24 ment of this Act, has a final administrative denial of an
25 application for adjustment of status under the Haitian
.S 2912 PCS
17
1 Refugee Immigration Fairness Act of 1998, and is made
2 eligible for adjustment of status under that Act by the
3 amendments made by this title, may file one motion to
4 reopen an exclusion, deportation, or removal proceeding
5 to have the application reconsidered. Any such motion
6 shall be filed within 180 days of the date of enactment
7 of this Act. The scope of any proceeding reopened on this
8 basis shall be limited to a determination of the alien's eli-
9 gibility for adjustment of status under the Haitian Ref-
10 ugee Immigration Fairness Act of 1998.
11
(b) NATIONALS OF CUBA.Đ Notwithstanding any
12 time and number limitations imposed by law on motions
13 to reopen, a national of Cuba or Nicaragua who, on the
14 date of enactment of the Act, has a final administrative
15 denial of an application for adjustment of status under
16 the Nicaraguan Adjustment and Central American Relief
17 Act, and who is made eligible for adjustment of status
18 under that Act by the amendments made by this title, may
19 file one motion to reopen an exclusion, deportation, or re-
20 moval proceeding to have the application reconsidered.
21 Any such motion shall be filed within 180 days of the date
22 of enactment of this Act. The scope of any proceeding re-
23 opened on this basis shall be limited to a determination
24 of the alien's eligibility for adjustment of status under the
25 Nicaraguan Adjustment and Central American Relief Act.
.S 2912 PCS
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 subsection
(b) and the alien's dependents shall be eligible for adjustment of status by the Attorney General or
issuance of an immigrant visa under the same procedures and under the same grounds of eligibility
as are applicable to the adjustment of status of aliens and issuance of immigrant visas under section
202 of the Nicaraguan Adjustment and Central American Relief Act, as amended by this Act.
(b) Covered Aliens: an alien referred to in subsection (a) is -
(1) 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.
18
1 TITLE II-RESTORATION OF SEC-
2
TION 245(i) ADJUSTMENT OF
3
STATUS BENEFITS
4 SEC. 201. REMOVAL OF CERTAIN LIMITATIONS ON ELIGI-
5
BILITY FOR ADJUSTMENT OF STATUS UNDER
6
SECTION 245(i).
7
(a) IN GENERAL.Đ Section 245(i)(1) of the Immigra-
8 tion and Nationality Act (8 U.S.C. 1255(i)(1)) is amended
9 by striking "(i)(1)" through "The Attorney General" and
10 inserting the following:
11
"(i)(1) Notwithstanding the provisions of subsections
12 (a) and (c) of this section, an alien physically present in
13 the United States whoD
14
"(A) entered the United States without inspec-
15
tion; or
16
"(B) is within one of the classes enumerated in
17
subsection (c) of this section;
18 may apply to the Attorney General for the adjustment of
19 his or her status to that of an alien lawfully admitted for
20 permanent residence. The Attorney General".
21
(b) EFFECTIVE DATE.Đ The amendment made by
22 subsection (a) shall be effective as if included in the enact-
23 ment of the Departments of Commerce, Justice, and
24 State, the Judiciary, and Related Agencies Appropriations
25 Act, 1998 (Public Law 105±119; 111 Stat. 2440).
.S 2912 PCS
1920
1 SEC. 202. USE OF SECTION 245(i) FEES.
2
Section 245(i)(3)(B) of the Immigration and Nation-
3 ality Act (8 U.S.C. 1255(i)(3)(B)) is amended to read as
4 follows:
5
`(B) One-half of any remaining portion of such fees
6 remitted under such paragraphs shall be deposited by the
7 Attorney General into the Immigration Examinations Fee
8 Account established under section 286(m), and one-half
9 of any remaining portion of such fees shall be deposited
10 by the Attorney General into the Breached Bond/Deten-
11 tion Fund established under section 286(r).".
12
TITLE III-EXTENSION OF
13
REGISTRY BENEFITS
14 SEC. 301. EXTENSION OF REGISTRY BENEFITS TO ALIENS
15
WHO ENTERED THE UNITED STATES PRIOR
16
TO JANUARY 1, 1986.
17
(a) IN GENERAL.D Section 249(a) of the Immigra-
18 tion and Nationality Act (8 U.S.C. 1259(a)) is amended
19 by striking "January 1, 1972" and inserting ``January 1,
20 1986".
21
(b) CONFORMING AMENDMENTS.
22
(1) SECTION HEADING.Đ The heading of section
23
249 of the Immigration and Nationality Act (8
24
U.S.C. 1259) is amended to read as follows:
-S 2912 PCS
09/27/00 WED 11:14 FAX
002
Congress of the United States
Washington, DC 20515
September 21, 2000
The Honorable William J. Clinton
The White House
1600 Pennsylvania-Avenue, N.W.
Washington, DC 20500
Dear Mr. President:
We write to you regarding an issue of great importance to us and to many families across this
country. We are committed to ensuring that the provisions contained in S. 2912, the "Latino and
Immigrant Fairness Act," are included in the Commerce, Justice, State and Judiciary (CJSJ) bill
or any other legislation to which CJSJ may be attached. Therefore, as you work with Congress
to craft the FY 2001 Commerce, Justice, State and Judiciary bill and other remaining
appropriations legislation, we urge you to make it your priority to include this critical provision.
The Latino and Immigrant Fairness Act has strong support in both the House and the Senate
because it would add desperately needed fairness to our immigration laws. S. 2912 would
stabilize the immigration status of specific immigrants who have been living, working, paying
taxes and raising families in the United Stated for many years. In particular, the bill includes
three provisions: (1) establishing legal parity between Central American and Caribbean refugees;
(2) updating the "registry" date so that long-time resident, deeply-rooted immigrants who have
been in this country since before 1986 will qualify to remain here permanently; and (3) restoring
Section 245(i) of the Immigration Act, a provision that sensibly allows persons in the U.S. who
are on the verge of gaining their immigration status to remain in the U.S. while completing the
process.
We, the undersigned, believe that the time is now to normalize the status of these immigrants.
This will ensure that these individuals can continue to make valued contributions to our-economy
and that their families, which often include American-born children, are not torn apart.
Accordingly, we will vote to sustain a veto of the FY 2001 Commerce, Justice, State and
Judiciary appropriations bill or any other bill that may contain its provisions, if the components
of S. 2912 are not included. As Democrats, we believe that the Latino and Immigrant Fairness
Act is a measured and just recognition of the important contributions these individuals have
made to our country. We know you share our beliefs, and we look forward to working with you
to accomplish this important goal.
Sincerely,
Rechard a.
PRINTED ON RECYCLED PAPER
09/27/00
WED 11:15 FAX
003
1. Gephardt
44. Capuano
89. Lowey
2. Roybal-Allard
45. Crowley
90. Kucinich
3. Rodriguez
46. Dooley
91. Pomeroy
4. Romero-Barcelo
47. Green, Gene
92. Waxman
5. Gutierrez
48. Lofgren
93. Udall, Mark
6. Conyers
49. Capps
94. Lewis
7. Velazquez
50. Schakowsky
95. Oberstar
8. Scott
51. Davis, Danny
96. Delahunt
9. Ortiz
52. Jackson, Jr.
97. Brady
10. Sanchez
53. Tierney
98. Costello
11. Napolitano
54. Hastings
99. Frank, Barnie
12. Baca
55. Meek, Carrie
100. Snyder
13. Becerra
56. Olver
101. Matsui
14. Jackson-Lee
57. Gordon
102. Farr
15. Hinojosa
58. Millender-McDonald
103. Owens
16. Blagojevich
59. Watt
104. Rangel
17. Hoyer
60. Blumenhauer
105. Carson
18. Pelosi
61. Markey
106. Maloney, Carolyn
19. DeLauro
62. Clyburn
107. Stark
20. Miller, George
63. McGovern
108. Lee, Barbara
21. Berman
64.
109. Palone
22. Eshoo
65. Thurman
Nadler Phelps Smith Kaptur Pascrell
110. Berkley
23. Lipinski
66. McCarthy, Carolyn
111. Turner
24. Rothman
67. Tauscher
112. Moakley
25. Thompson, Mike
68.
113. Fattah
26. Johnson, Eddie Bernice
69.
114. Forbes
27.
70.
115. Baldwin
28.
71.
116. Wexler
29. Woolsey
31.
Pastor Reyes Murtha DeGette Dixon Payne Waters Clayton
72. Wynn
117. Weiner
30.
73. Deutch
118. Baucher
74. Crowley
119. Sandlin
32.
75. Hoeffel
120. Hilliard
33. Slaughter
76, Holt
121. Payne
34. Kennedy
77. Levin
122. Filner
35.
78. Sherman
123. Strickland
36.
79. Cummings
124. Ford
37.
80. Udall, Tom
125. Doggett
38. Menendez
81. McDermot
126. Evans
39. Underwood
82. Meehan
127. McNulty
40. Bonior
83. Sabo
128. Sanders
41. Frost
84. Abercrombie
129. Ackerman
42. Gonzales
85. McKinney
130. Borski
43. Meeks, Gregory
86. Towns
131. LaFalce
87. Baird
132. Clay
88. Rush
133. Kilpatrick
09/27/00
WED 11:15 FAX
134. Jefferson
135. Berry
136. Boswell
137. Cardin
138. Turner
139. Barrett
140. Price
141. Kildee
142. Coyne
143. Weygand
144. Davis, Jim
145. Condit
146. Andrews
147. Lampson
148. Skelton
149. Obey
150. Moran
151. Brown, Corrine
152. Brown, Sherrod
09/27/00
WED 11:15 FAX
005
Mr machy
3 Paul Willstons
Box Cra Kaw
Enroyl
Rolels
tol Kinnedy Charles Schines
Brunh Say Rth
09/27/00
WED 11:15 FAX
006
Joy Jan
Ron Wyder
Day Rodyth
John Breauy
Patty Munay
Jan Dring
Jack Reed
Danner Pristain Phank Kfantulug
J bill CanHack
May of Landow Max Bowers
Balas a. MehnShi Bleuda h. Luisin
09/27/00 WED 11:16 FAX
007
Paul I Sarbana
/OE Bilu
Patrick Lady lul Levin
Daniel L. Thaha Hab Kohl
New Feingd
Calendar No. 825
106th CONGRESS
2d Session
S. 3095
To amend the Immigration and Nationality Act to remove certain limitations on the
eligibility of aliens residing in the United
States to obtain lawful permanent resident status.
IN THE SENATE OF THE UNITED STATES
September 21, 2000
Mr. KENNEDY (for himself, Mr. REID, Mr. DURBIN, Mr. REED, Mr. DASCHLE, Mr.
GRAHAM, Mr. LEAHY,
Mr. KERRY, and Mr. WELLSTONE) introduced the following bill; which was read the
first time
September 22, 2000
Read the second time and placed on the calendar
A BILL
To amend the Immigration and Nationality Act to remove certain limitations on the
eligibility of aliens residing in the United
States to obtain lawful permanent resident status.
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 `Latino and Immigrant Fairness Act of 2000'.
TITLE I--CENTRAL AMERICAN AND HAITIAN PARITY
SEC. 101. SHORT TITLE.
This title may be cited as the `Central American and Haitian Parity Act of 2000'.
SEC. 102. 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
`NICARAGUÁNS, CUBANS, SALVADORANS, GUATEMALANS,
HONDURANS, AND
HAITIANS';
(2) in subsection (a)(1)(A), by striking '2000' and inserting '2004';
(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 '2004'.
SEC. 103. 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
102 and 105 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.
SEC. 104. 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 102 and 105 of this Act.
SEC. 105. 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 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. 106. 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, 2004.'; 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 (1),
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.
SEC. 107. 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 Act,
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 Act, 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.
TITLE II--ADJUSTMENT OF STATUS OF OTHER ALIENS
SEC. 201. ADJUSTMENT OF STATUS.
(a) GENERAL AUTHORITY- Notwithstanding any other provision of law, an alien
described in subsection (b)
and subsection (c) 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 described in this subsection is 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, or any 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
(c) 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.
TITLE III--RESTORATION OF SECTION 245(i) ADJUSTMENT OF STATUS
BENEFITS
SEC. 301. 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. 302. 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).'
TITLE IV--EXTENSION OF REGISTRY BENEFITS
SEC. 401. SHORT TITLE.
This title may be cited as the Date of Registry Act of 2000'.
SEC. 402. 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'.
(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.
Calendar No. 825
106th CONGRESS
2d Session
S. 3095
A BILL
To amend the Immigration and Nationality Act to remove certain limitations on the
eligibility of aliens residing in the United
States to obtain lawful permanent resident status.