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107th
CONGRESS
H. R. 500
To revise various provisions of the Immigration and Nationality Act.
IN THE HOUSE OF REPRESENTATIVES
February 7, 2001
Mr. GUTIERREZ introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To revise various provisions of the Immigration and Nationality Act.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION
1. SHORT TITLE; REFERENCES TO IMMIGRATION AND NATIONALITY ACT.
(a)
SHORT TITLE- This Act may be cited as the `U.S. Employee, Family Unity,
and Legalization Act'.
(b) REFERENCES TO IMMIGRATION AND NATIONALITY ACT- Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in terms of
an amendment to, or repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of the Immigration and
Nationality Act.
SEC.
2. CHANGE OF ENTRY DATE INTO THE UNITED STATES FOR PURPOSES OF A RECORD OF
ADMISSION FOR PERMANENT RESIDENCE FOR CERTAIN ALIENS.
(a)
IN GENERAL- Section 249 (8 U.S.C. 1259) is amended--
(1)
in the section heading, by striking `JANUARY 1, 1972' and inserting `FEBRUARY 6,
1996'; and
(2)
in subsection (a), by striking `January 1, 1972;' and inserting `February 6,
1996;'. (b) CLERICAL AMENDMENT- The table of sections is
amended in the item relating to section 249 by striking `who entered the
United States prior to January 1, 1972'.
(c) EXTENSION OF DATE OF REGISTRY- (1) PERIOD BEGINNING JANUARY 1, 2003-
Beginning on January 1, 2003, section 249 (8 U.S.C. 1259) is amended by
striking `February 6, 1996' each place it appears and inserting `February
6, 1997'. (2) PERIOD BEGINNING JANUARY 1, 2004- Beginning on January 1,
2004, section 249 is amended by striking `February 6, 1997' each place it
appears and inserting `February 6, 1998'. (3) PERIOD BEGINNING JANUARY 1,
2005- Beginning on January 1, 2005, section 249 is amended by striking
`February 6, 1998' each place it appears and inserting `February 6, 1999'.
(4) PERIOD BEGINNING JANUARY 1, 2006- Beginning on January 1, 2006, section
249 is amended by striking `February 6, 1999' each place it appears and
inserting `February 6, 2000'. (5) PERIOD BEGINNING JANUARY 1, 2007-
Beginning on January 1, 2007, section 249 is amended by striking `February
6, 2000' each place it appears and inserting `February 6, 2001'. (d)
VIOLATIONS INCIDENTAL TO UNDOCUMENTED STATUS AND CONFIDENTIALITY OF
INFORMATION- Section 249 is further amended-- (1) by redesignating
paragraphs (a), (b), (c), and (d) as paragraphs (1), (2), (3), and (4),
respectively; (2) by inserting `(a)' after `249.'; and (3) by adding at the
end the following new subsections: `(b) VIOLATIONS INCIDENTAL TO
UNDOCUMENTED STATUS- `(1) IMPACT OF VIOLATIONS INCIDENTAL TO LEGAL STATUS-
`(A) Violations of the provisions listed in paragraph (B) shall not
adversely affect an application for an immigration benefit or status under
this Act. `(B) The provisions referred to in subparagraph (A) are section
274C of the Immigration and Nationality Act, sections 1001 and 1546 of
title 18, United States Code, and sections 408(a)(6) and 408(a)(7) of title
42, United States Code. `(2) APPLICABILITY OF GROUND OF INADMISSIBILITY-
The grounds of inadmissibility specified in paragraph (6)(F) of section
212(a) shall not apply to an application for an immigration benefit or
status under this Act. `(c) CONFIDENTIALITY OF INFORMATION- `(1) Neither
the Attorney General, nor any other official or employee of the Department
of Justice, or any bureau or agency thereof, may-- `(A) use the information
furnished pursuant to an application filed under this section for any
purpose other than to make a determination on the application or for
enforcement of subsection (d); `(B) make any publication whereby the
information furnished by any particular individual can be identified, or
`(C) permit anyone other than the sworn officers and employees of the
Department or bureau or agency or, with respect to applications filed with
a designated entity, that designated entity, to examine individual
applications. `(2) Anyone who uses, publishes, or permits information to be
examined in violation of paragraph (1) shall be fined in accordance with
title 18, United States Code, or imprisoned not more than five years, or
both. `(d) PENALTIES FOR FALSE STATEMENTS IN APPLICATIONS- Whoever files an
application for adjustment of status under this section and knowingly and
willfully falsifies, misrepresents, conceals, or covers up a material fact
or makes any false, fictitious, or fraudulent statements or
representations, or makes or uses any false writing or document knowing the
same to contain any false, fictitious, or fraudulent statement or entry,
shall be fined in accordance with title 18, United States Code, or
imprisoned not more than five years, or both.'.
(e) CORRECTION OF SOCIAL SECURITY RECORDS- Section 208(d)(1) of the Social
Security Act (42 U.S.C. 408(d)(1)) is amended-- (1) in subparagraph (B), by
inserting after clause (ii) the following new clause: `(iii) pursuant to
the `U.S. Employee, Family Unity, and Legalization Act, or'; and (2) in
subparagraph (C), by striking `60 days after the date of enactment of the
Omnibus Budget Reconciliation Act of 1990,' and inserting `the date the
alien obtains lawful permanent resident status or within 60 days after the
alien obtains such status.'.
SEC.
3. ELIMINATION OF RETROACTIVE APPLICATION
OF CERTAIN PROVISIONS OF THE IMMIGRATION AND NATIONALITY ACT.
(a)
CANCELLATION OF REMOVAL- Section 240A (8 U.S.C. 1229b) is amended by
adding at the end the following new subsection:
`(f) APPLICATION OF LAW- Notwithstanding any other provision of this
section, an alien who committed an offense that was a ground for
deportation or exclusion prior to April 1, 1997, shall have the law in
effect at the time of the offense apply with respect to any application for
relief from deportation or exclusion on that ground. For purposes of
determining eligibility for such relief, such alien shall be credited with
any periods of residency in the United States that the alien has accrued
without regard to whether or not the residency occurred after the
commission of the offense or service of a notice to appear under section
239(a).'.
(b) APPLICATION OF AGGRAVATED FELONY DEFINITION- The last sentence of
section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended to read as follows:
`The term shall not apply to any offense that was not covered by the term
on the date on which the offense occurred.'.
(c) GROUNDS OF DEPORTABILITY- Section 237 (8 U.S.C. 1227) is amended by
adding at the end the following new subsection:
`(d) Notwithstanding any other provision of this section, an alien is not
deportable or removable by reason of committing any offense that was not a
ground of deportability on the date the offense occurred.'.
(d) GROUNDS OF INADMISSIBILITY- Section 212 (8 U.S.C. 1182) is amended--
(1) by redesignating the subsection (p) added by section 1505(f) of P.L.
106-386 (114 Stat. 1526) as a subsection (s); and (2) by adding at the end
the following new subsection: `(t)(1) Notwithstanding any other provision
of this section, an alien is not inadmissible by reason of committing any
offense that was not a ground of inadmissibility on the date the offense
occurred.
`(2) Any alien who applied for admission to the United States or adjustment
of status to that of an alien lawfully admitted for permanent residence
prior to April 1, 1997, and was inadmissible under subsection (a)(6)(C),
shall be eligible for the relief available (including any waiver of
inadmissibility) at the time the application was filed.'.
(e) PROSPECTIVE EFFECTIVE DATES- (1) ILLEGAL IMMIGRATION REFORM AND
IMMIGRANT RESPONSIBILITY ACT- Notwithstanding any other provision of law,
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
and the amendments made by that Act, shall apply only to persons seeking
admission, or who became removable, on or after April 1, 1997, as the case
may be. (2) ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996-
Notwithstanding any other provision of law, title IV of the Antiterrorism
and Effective Death Penalty Act of 1996, and the amendments made by that
title, shall only apply to persons seeking admission, or who become
removable, on or after April 24, 1996. (3) REINSTATEMENT OF REMOVAL ORDERS-
Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is repealed, and such repeal shall
apply to all proceedings pending at any stage as of the date of enactment
of this Act and to all cases brought on or after such date.
SEC.
4. RESTORATION OF PROPORTIONALITY TO GROUNDS OF REMOVAL.
(a)
DEFINITION OF CRIMES INVOLVING MORAL TURPITUDE- Section 237(a)(2)(A)(i)
(8 U.S.C. 1227(a)(2)(A)(i)) is amended to read as follows: `(i) CRIMES OF
MORAL TURPITUDE- Any alien who is convicted of a crime involving moral
turpitude committed within five years after the date of admissions (or 10
years in the case of an alien provided lawful permanent residence status
under section 245(j)) for which the alien is confined in a prison or
correctional institution for more than one year, is deportable.'. (b)
DEFINITION OF AGGRAVATED FELONY- Section 101(a)(43) (8 U.S.C. 1101(a)(43))
is amended-- (1) in subparagraphs (F), (G), (J), (R), and (S), by striking
`one year' each place it appears and inserting `five years'; (2) by
amending subparagraph (N) (8 U.S.C. 1101(a)(43)(N)) to read as follows:
`(N) an offense described in section 274(a)(1) (relating to alien
smuggling) for the purpose of commercial advantage.'; (3) in subparagraph
(P)(ii) (8 U.S.C. 1101(a)(43)(P)(ii)), by striking `child' and inserting
`son or daughter'; (4) in subparagraph (T), by striking `2 years' and
inserting `5 years'; and (5) by adding at the end of section 101(a)(43) the
following: `No crime shall be deemed to be an aggravated felony if the
underlying conviction is a misdemeanor or if the sentence imposed is not in
excess of one year.'. (c) EFFECTIVE DATE- The amendments made by this
section shall apply to convictions entered before, on, or after the date of
enactment of this Act.
(d) CONVICTION DEFINED- Section 101(a)(48)(A) (8 U.S.C. 1101(a)(48)(A)) is
amended-- (1) by redesignating clauses (i) and (ii) as subclauses (I) and
(II), respectively; (2) by striking `(48)(A) The term' and inserting
`(48)(A)(i) Except as provided in clause (ii), the term'; and (3) by adding
at the end the following: `(ii) For purposes of determinations under this
Act, the term `conviction' does not include any Federal, State, or foreign
guilty plea or other record of guilt or conviction that has been expunged,
dismissed, canceled, vacated, discharged or otherwise removed, or any
Federal, State, or foreign deferred adjudication, adjudication of guilt
withheld, order of probation without entry of judgment, or similar
disposition.'.
(e) DEFINITION OF TERM OF IMPRISONMENT- Section 101(a)(48)(B) (8 U.S.C.
1101(a)(48)(B)) is amended to read as follows:
`(B) Any reference to a term of imprisonment or a sentence with respect to
an offense is deemed to include the period of incarceration or confinement
ordered by a court of law excluding any period of the suspension of the
imposition or execution of that imprisonment or sentence in whole or in
part.'.
(f) CONFORMING AMENDMENTS- (1) GROUND OF INADMISSIBILITY- Section
212(a)(6)(E) (8 U.S.C. 1182(a)(6)(E)) is amended-- (A) in clause (i), by
inserting `and for commercial advantage' after `knowingly'; (B) by striking
clause (ii); and (C) by redesignating clause (iii) as clause (ii). (2)
GROUND OF DEPORTABILITY- Section 237(a)(1)(E) (8 U.S.C. 1227(a)(1)(E)) is
amended-- (A) in clause (i), by inserting `and for commercial advantage'
after `knowingly'; (B) by striking clause (ii); and (C) by redesignating
clause (iii) as clause (ii).
SEC.
5. ELIMINATION OF PROHIBITION ON ADMISSION FOR ALIENS WHO HAVE BEEN UNLAWFULLY
PRESENT IN THE UNITED STATES.
(a)
IN GENERAL- Section 212(a)(9) (8 U.S.C. 1182(a)(9)) is amended-- (1) by
striking subparagraph (B); and (2) by redesignating subparagraph (C) as
subparagraph (B). (b) CONFORMING AMENDMENTS- Section 248 (8 U.S.C. 1258) is
amended by striking `and who is not inadmissible under section
212(a)(9)(B)(i) (or whose inadmissibility under such section is waived
under section 212(a)(9)(B)(v))'.
SEC.
6. VISA FOR CERTAIN SPOUSES AND CHILDREN OF CITIZENS AND PERMANENT RESIDENTS
TEMPORARILY WAITING FOR VISA NUMBERS.
(a)
IN GENERAL- Section 101(a)(15)(V) (8 U.S.C. 1101(a)(15)(V)) is amended
to read as follows: `(V) subject to section 214(o), an alien (other than
one coming for the purpose of study or of performing skilled or unskilled
labor or as a representative of foreign press, radio, film, or other
foreign information media coming to engage in such vocation) who is the
beneficiary of a petition approved under-- `(i) section 204 (excluding the
provisions of such section referred to in clause (ii)) for classification
by reason of a relationship described in section 203(a)(2)(A) with an alien
lawfully admitted for permanent residence, who is awaiting the availability
of an immigrant visa based upon such approval, and who seeks to enter the
United States to achieve family unity by joining the permanent resident
alien in the United States; or `(ii) clause (iii), (iv), or (v) of section
204(a)(1)(A) or clause (ii), (iii), or (iv) of section 204(a)(1)(B) and who
is awaiting the availability of an immigrant visa based upon such
approval.'. (b) CONFORMING AMENDMENTS- Section 214 (8 U.S.C. 1184) is
amended-- (1) by redesignating the subsections (o) and (p) added by
sections 1102(b) and 1103(b), respectively, of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations Act,
2001, as enacted into law by section 1(a)(2) of P.L. 106-553 as subsections
(p) and (q); and (2) in subsection (p) (as so redesignated)-- (A) in
paragraph (1)(B)(i), by striking `under section 203(a)(2)(A)' each place
such term appears; (B) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2); and (C) in paragraph (2)(C) (as so
redesignated), by striking `(6)(A), (7), and (9)(B)' and inserting `(6)(A)
and (7)'.
SEC.
7. TASK FORCE ON IMMIGRANT EXPLOITATION.
There shall be established a national task force on the exploitation of and
trafficking in immigrants. The task force shall consist of Federal and
State law enforcement officers appointed by the Secretary of Labor and the
Secretary of State. The Secretary of Labor shall be the Chair of the task
force. The purpose of the task force shall be to create a coordinated and
aggressive national and state policy to end the exploitation of and
trafficking in immigrants. The task force shall develop and recommend to
the President coordinated Federal and State law enforcement efforts for the
elimination of employment abuses against immigrant workers.
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