[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1452 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1452
To amend the Immigration and Nationality Act to permit certain long-
term permanent resident aliens to seek cancellation of removal under
such Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 4, 2001
Mr. Frank (for himself, Mr. Frost, Mr. Diaz-Balart, Mr. McGovern, Mr.
Kennedy of Rhode Island, Ms. Jackson-Lee of Texas, Mr. Baldacci, Mr.
Capuano, Mr. Delahunt, Mr. Filner, Mr. McDermott, Mrs. Mink of Hawaii,
Mr. Rangel, Mr. Rodriguez, Ms. Schakowsky, Mr. George Miller of
California, and Mr. Langevin) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to permit certain long-
term permanent resident aliens to seek cancellation of removal under
such Act, and for other purposes.
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 ``Family Reunification Act of 2001''.
SEC. 2. RESTORING ATTORNEY GENERAL'S DISCRETION TO GRANT CANCELLATION
OF REMOVAL TO LONG-TERM PERMANENT RESIDENT ALIENS WHEN
APPROPRIATE.
(a) Cancellation of Removal for Certain Permanent Residents.--
Section 240A(a) of the Immigration and Nationality Act (8 U.S.C.
1229b(a)) is amended to read as follows:
``(a) Cancellation of Removal for Certain Permanent Residents.--
``(1) In general.--The Attorney General may cancel removal
in the case of an alien who is inadmissible or deportable from
the United States, if the alien--
``(A) has been an alien lawfully admitted for
permanent residence for not less than 5 years;
``(B) has resided in the United States continuously
for 7 years after having been admitted in any status;
and
``(C) has not been convicted of--
``(i) an aggravated felony or felonies for
which the alien has been sentenced, in the
aggregate, to a term of imprisonment of 5 years
or more; or
``(ii) in the case of sentencing imposed
under a system of indeterminate sentencing (as
defined in section 20101 of the Violent Crime
Control and Law Enforcement Act of 1994 (42
U.S.C. 13701)), an aggravated felony or
felonies for which--
``(I) the midpoint of the statutory
range of sentence applicable to the
felony or felonies is, in the
aggregate, 5 years or more; or
``(II) the alien has served, in the
aggregate, a term of imprisonment of 5
years or more.
``(2) No danger to persons or property.--In the case of an
alien convicted of an aggravated felony involving violence, the
Attorney General may exercise the discretion described in
paragraph (1) only after making a written determination that
the action poses no danger to the safety of persons or
property.
``(3) Definition of term of imprisonment.--For purposes of
this subsection (and any other determination under this Act
made solely with respect to an alien whose removal is canceled
under this subsection), section 101(a)(48)(B) shall be applied
so as to exclude from the time periods defined in the section
any period of suspension of the imposition or execution of a
term of imprisonment or a sentence in whole or in part.
``(4) Release from detention pending decision.--
Notwithstanding section 236(c)(2), the Attorney General may
release an alien applying for cancellation of removal under
this subsection, pending a decision on whether the alien is to
be removed from the United States, if the alien demonstrates to
the satisfaction of the Attorney General that the alien is not
a threat to the community and is likely to appear for any
scheduled proceeding. A decision relating to such release shall
be made in accordance with a procedure that considers the
severity of the offense committed by the alien.''.
(b) Cancellation of Removal for Certain Other Permanent Residents
for Urgent Humanitarian Reasons or Significant Public Benefit.--Section
240A of the Immigration and Nationality Act (8 U.S.C. 1229b) is amended
by adding at the end the following:
``(f) Cancellation of Removal for Certain Permanent Residents for
Urgent Humanitarian Reasons or Significant Public Benefit.--
``(1) In general.--In the case of an alien otherwise
eligible for cancellation of removal under subsection (a),
except that the alien has been convicted of an aggravated
felony that renders the alien unable to satisfy the requirement
in subsection (a)(1)(C), the Attorney General may cancel
removal of the alien under such conditions as the Attorney
General may prescribe, but only--
``(A) on a case-by-case basis for urgent
humanitarian reasons, significant public benefit
(including assuring family unity), or any other
sufficiently compelling reason; and
``(B) after making a written determination that the
cancellation of removal poses no danger to the safety
of persons or property.
``(2) Release from detention pending decision.--Subsection
(a)(4) shall apply to release of an alien applying for
cancellation of removal under this subsection in the same
manner as such subsection applies to an alien applying under
subsection (a).''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect as if included in the enactment of section 304 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104-208; 110 Stat. 3009-587).
SEC. 3. CHANGE IN CONDITIONS FOR TERMINATION OF PERIOD OF CONTINUOUS
RESIDENCE OR CONTINUOUS PHYSICAL PRESENCE.
(a) In General.--Section 240A(d)(1) of the Immigration and
Nationality Act (8 U.S.C. 1229b(d)(1)) is amended to read as follows:
``(1) Termination of continuous period.--
``(A) In general.--For purposes of this section,
any period of continuous residence or continuous
physical presence in the United States of an alien
shall be deemed to end upon the alien's failure to
attend a proceeding under section 240, unless--
``(i) the Attorney General determines not
to seek a removal order in absentia under
section 240(b)(5)(A) based on such failure;
``(ii) any removal order entered in
absentia under such section based on such
failure is rescinded under section
240(b)(5)(C); or
``(iii) the alien demonstrates that--
``(I) the failure to appear was
inadvertent or due to reasonable cause;
and
``(II) within a relatively brief
period subsequent to such failure, the
alien presented himself or herself in
person to an immigration officer and
made known the reasons for such
failure.
``(B) Construction.--In a case described in clause
(i), (ii), or (iii) of subparagraph (A), the alien's
failure to attend the proceeding under section 240
shall not be construed to cause a break in the
continuity of residence or physical presence.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of section 304 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104-208; 110 Stat. 3009-587).
SEC. 4. RELIEF FOR CERTAIN PERMANENT RESIDENT ALIENS IN EXCLUSION,
DEPORTATION, OR REMOVAL PROCEEDINGS.
(a) In General.--Notwithstanding any other provision of law,
including section 240A of the Immigration and Nationality Act (8 U.S.C.
1229b), an alien, whether physically present in the United States or
not, who was lawfully admitted for permanent residence on April 1,
1997, and who is or was in exclusion, deportation, or removal
proceedings on or after such date by reason of having committed a
criminal offense before such date may--
(1) request discretionary administrative relief from
exclusion, deportation, or removal based on such offense under
the provisions of the Immigration and Nationality Act in effect
on the date of the commission of such offense and without
regard to the provisions of paragraphs (5) and (7) of section
309(c) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1101 note); and
(2) appeal for administrative review of a denial (rendered
before, on, or after the date of the enactment of this Act) of
discretionary relief from exclusion, deportation, or removal
based on such offense under the provisions of the Immigration
and Nationality Act in effect on the date of the commission of
such offense and without regard to the provisions of paragraphs
(5) and (7) of section 309(c) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note).
(b) No Danger to Persons or Property.--In the case of an alien
convicted of an aggravated felony involving violence, the Attorney
General may reverse under subsection (a) a denial of discretionary
relief rendered before the date of the enactment of this Act only after
making a written determination that the action poses no danger to the
safety of persons or property.
SEC. 5. APPLICATIONS FOR RELIEF.
(a) Establishment of Application Process.--Notwithstanding section
240(c)(6) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(6))
or any other limitation imposed by law on motions to reopen exclusion,
deportation, or removal proceedings, the Attorney General shall
establish a process (whether through permitting the reopening of such a
proceeding or otherwise) under which an alien, whether physically
present in the United States or not, who is or was in such a
proceedings before the date of the enactment of this Act (whether or
not the alien has been excluded, deported, or removed as of such
date)--
(1) may apply (or reapply) for cancellation of removal and
release from detention under section 240A of the Immigration
and Nationality Act, as amended by sections 2 and 3 of this
Act, if the alien has become eligible for cancellation of
removal as a result of one or more of the amendments made by
such sections; or
(2) may apply (or reapply) for discretionary relief under
section 4 of this Act, if the alien is eligible for such
relief.
(b) Parole.--The Attorney General should exercise the parole
authority under section 212(d)(5)(A) of the Immigration and Nationality
Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of permitting aliens who
are not physically present in the United States to participate in the
process established under subsection (a). An alien so paroled shall not
be treated as paroled into the United States for purposes of section
201(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1151(c)(4)).
SEC. 6. PERMITTING CERTAIN PERMANENT RESIDENT ALIENS TO RETURN WITHOUT
SEEKING ADMISSION.
Section 101(a)(13)(C) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(13)(C)) is amended--
(1) in clause (iv), by adding ``or'' at the end;
(2) by striking clause (v); and
(3) by redesignating clause (vi) as clause (v).
<all>