S.Amdt. 3249

SA 3249. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy,
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title V of the amendment,
insert the following:

SEC. 2. DETERMINATIONS WITH RESPECT TO CHILDREN UNDER THE
HAITIAN AND IMMIGRANT FAIRNESS ACT OF 1998.

(a) In General.--Section 902(d) of the Haitian Refugee
Immigration Fairness Act of 1998 (8 U.S.C. 1255 note) is
amended by adding at the end the following:
``(3) Determinations with respect to children.--
``(A) Use of application filing date.--Determinations made
under this subsection as to whether an individual is a child
of a parent shall be made using the age and status of the
individual on the date of the enactment of this section.
``(B) Application submission by parent.--Notwithstanding
paragraph (1)(C), an application under this subsection filed
based on status as a child may be filed for the benefit of
such child by a parent or guardian of the child, if the child
is physically present in the United States on such filing
date.''.
(b) New Applications and Motions to Reopen.--
(1) New applications.--Notwithstanding section 902(a)(1)(A)
of the Haitian and Immigrant Fairness Act of 1998, an alien
who is eligible for adjustment of status under such Act, as
amended by subsection (a), may submit an application for
adjustment of status under such Act not later than the later
of--
(A) 2 years after the date of the enactment of this Act;
and
(B) 1 year after the date on which final regulations
implementing this section are promulgated.

[[Page S2752]]

(2) Motions to reopen.--The Secretary of Homeland Security
shall establish procedures for the reopening and
reconsideration of applications for adjustment of status
under the Haitian Refugee Immigration Fairness Act of 1998
that are affected by the amendments under subsection (a).
(3) Relationship of application to certain orders.--Section
902(a)(3) of the Haitian and Immigrant Fairness Act of 1998
shall apply to an alien present in the United States who has
been ordered excluded, deported, removed, or ordered to
depart voluntarily, and who files an application under
paragraph (1), or a motion under paragraph (2), in the same
manner as such section 902(a)(3) applied to aliens filing
applications for adjustment of status under such Act before
April 1, 2000.
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