[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1684 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1684
To amend the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 to permit States to determine state residency for higher
education purposes and to amend the Immigration and Nationality Act to
cancel the removal and adjust the status of certain alien college-bound
students who are long-term U.S. residents.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 9, 2003
Mr. Cannon (for himself, Mr. Berman, Ms. Roybal-Allard, Mr. Bonilla,
Mr. Dreier, Mr. George Miller of California, Ms. Ros-Lehtinen, Mr.
Hoyer, Mr. Lincoln Diaz-Balart of Florida, Mr. Gutierrez, Mr. Mario
Diaz-Balart of Florida, Mr. Wu, Mr. Nunes, Ms. Jackson-Lee of Texas,
Mrs. Wilson of New Mexico, Mr. Rodriguez, Mr. Weller, Mr. Dooley of
California, Ms. Hart, Mr. Menendez, Mr. King of New York, Mr. Pastor,
Mr. Tiahrt, Mr. Matheson, Mr. Smith of New Jersey, Mr. McNulty, Mr.
Renzi, Ms. Linda T. Sanchez of California, Mr. Shays, and Ms. Solis)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committee on Education and the
Workforce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 to permit States to determine state residency for higher
education purposes and to amend the Immigration and Nationality Act to
cancel the removal and adjust the status of certain alien college-bound
students who are long-term U.S. residents.
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 ``Student Adjustment Act of 2003''.
SEC. 2. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES
OF HIGHER EDUCATION BENEFITS.
(a) In General.--Section 505 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208;
110 Stat 3009-672; 8 U.S.C. 1623) is repealed.
(b) Effective Date.--The repeal made by subsection (a) shall take
effect as if included in the enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.
SEC. 3. ADJUSTMENT OF STATUS OF CERTAIN LONG-TERM RESIDENT STUDENTS.
(a) In General.--Section 240A of the Immigration and Nationality
Act (8 U.S.C. 1229b) is amended--
(1) in paragraph (3) of subsection (b)--
(A) by striking ``paragraph (1) or (2)'' and
inserting ``paragraph (1), (2), or (3)'' each place it
appears;
(B) by redesignating such paragraph as paragraph
(5); and
(C) by moving such paragraph to follow paragraph
(4);
(2) by inserting after paragraph (2) of subsection (b) the
following new paragraph:
``(3) Special rule for children in middle or secondary
school.--
``(A) Authority.--Subject to subparagraph (B), the
Secretary of Homeland Security shall cancel removal of,
and adjust to the status of an alien lawfully admitted
for permanent residence, an alien who is inadmissible
or deportable from the United States if the alien
demonstrates that--
``(i) the alien has not, at the time of
application, attained the age of 21;
``(ii) the alien was physically present in
the United States on the date of the enactment
of the Student Adjustment Act of 2003 and has
been physically present in the United States
for a continuous period of not less than five
years immediately preceding the date of such
application;
``(iii) the alien has been a person of good
moral character during such period; and
``(iv) the alien, at the time of
application, is enrolled at or above the 7th
grade level in a school in the United States or
is enrolled in or actively pursuing admission
to an institution of higher education in the
United States as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001).
The Secretary of Homeland Security shall provide a
procedure by regulation allowing eligible individuals
to apply affirmatively for the relief available under
this paragraph without being placed in removal
proceedings. An alien shall not be considered to have
failed to maintained continuous physical presence in
the United States for purposes of clause (ii) by virtue
of brief, casual, and innocent absences from the United
States.
``(B) Restrictions on authority.--The provisions of
this paragraph shall not apply to any of the following
aliens:
``(i) An alien who is inadmissible under
section 212(a)(2)(A)(i)(I) or is deportable
under section 237(a)(2)(A)(i) (relating to
crimes of moral turpitude), unless the
Secretary of Homeland Security determines that
the alien's removal would result in extreme
hardship to the alien, the alien's child, or (in the case of an alien
who is a child) to the alien's parent.
``(ii) An alien who is inadmissible under
section 212(a)(3) or is deportable under
section 237(a)(2)(D)(i) or 237(a)(2)(D)(ii)
(relating to security and related grounds).'';
and
(3) in subsection (d)(1)(A), by inserting ``or (b)(3)''
after ``subsection (b)(2)''.
(b) Exemption From Numerical Limitations.--Section 240A(e)(3) of
such Act (8 U.S.C. 1229b(e)(3)) is amended by adding at the end the
following new subparagraph:
``(C) Aliens described in subsection (b)(3).''.
(c) Grandfather Provisions.--For purpose of applying section
240A(b)(3) of the Immigration and Nationality Act (as inserted by
subsection (a)) with respect to an application filed under such section
not later than 120 days after the effective date of regulations
implementing this section--
(1) an individual shall be considered to be under the age
of 21 if the individual's 21st birthday occurs after the date
of the enactment of this Act but no more than 120 days after
the effective date of such regulations; and
(2) an individual shall be treated as meeting the
requirements of clauses (i), (ii), and (iv) of subparagraph (A)
of such section if--
(A) the individual would have met such requirements
based upon an application filed at any time during the
4-year period ending on the date of the enactment of
this Act; and
(B) the individual has graduated from, or is at the
time of application enrolled in, an accredited
institution of higher education in the United States
(described in clause (iv) of such subparagraph).
(d) Confidentiality of Information.--Neither the Secretary of
Homeland Security, nor any other official or employee of the Department
of Homeland Security or other Department, bureau, or agency of the
United States, may--
(1) use the information furnished by the applicant pursuant
to an application filed under the amendments made by this
section for any purpose other than to make a determination on
the application;
(2) make any publication whereby the information furnished
by any particular individual can be identified; or
(3) permit anyone other than the sworn officers and
employees of the Department of Homeland Security or bureau or
agency or, with respect to applications filed with a designated
entity, that designated entity, to examine individual
applications.
Whoever knowingly uses, publishes, or permits information to be
examined in violation of this subsection shall be fined not more than
$10,000.
(e) Eligibility of Cancellation Applicants for Federal Educational
Assistance.--Section 431(b) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)) is amended--
(1) by striking ``; or'' at the end of paragraph (6) and
inserting a comma;
(2) by striking the period at the end of paragraph (7) and
inserting ``, or''; and
(3) by adding at the end the following new paragraph:
``(8) an alien who has been granted relief under section
240A(b)(3) of the Immigration and Nationality Act, or with
respect to whom an application under such section has been
filed but not finally been adjudicated.''.
(f) Regulations.--
(1) Proposed regulations.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of Homeland
Security shall publish proposed regulations implementing this
section.
(2) Interim, final regulations.--Not later than 120 days
after the date of the enactment of this Act, the Secretary of
Homeland Security shall publish final regulations implementing
this section. Such regulations shall be effective immediately
on an interim basis, but are subject to change and revision
after public notice and opportunity for a period for public
comment.
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