I 

108TH CONGRESS 

1ST SESSION H. R. 2364

To amend the Immigration and Nationality Act in regard to Caribbeanborn immigrants. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 5, 2003

Mr. ENGEL introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL

To amend the Immigration and Nationality Act in regard 

to Caribbean-born immigrants.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Caribbean Amnesty 

5 and Relief Act’’. 
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1 TITLE I—CLARIFICATION OF ELI2 GIBILITY FOR RELIEF FROM 

3 REMOVAL AND DEPORTATION 

4 FOR CERTAIN ALIENS 

5 SEC. 101. ADJUSTMENT OF STATUS OF CERTAIN CARIB6 BEANS. 

7 (a) ADJUSTMENT OF STATUS.—

8 (1) IN GENERAL.—Notwithstanding section 

9 245(c) of the Immigration and Nationality Act, the 

10 status of any alien described in subsection (b) shall 

11 be adjusted by the Secretary of Homeland Security 

12 to that of an alien lawfully admitted for permanent 

13 residence, if the alien—

14 (A) applies for such adjustment before 

15 April 1, 2004; and 

16 (B) is otherwise eligible to receive an im17 migrant visa and is otherwise admissible to the 

18 United States for permanent residence, except 

19 in determining such admissibility the grounds 

20 for inadmissibility specified in paragraphs (4), 

21 (5), (6)(A) and (7)(A) of section 212(a) of the 

22 Immigration and Nationality Act shall not 

23 apply. 

24 (2) RELATIONSHIP OF APPLICATION TO CER25 TAIN ORDERS.—An alien present in the United 
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1 States who has been ordered excluded, deported, re2 moved or ordered to depart voluntarily from the 

3 United States under any provision of the Immigra4 tion and Nationality Act may, notwithstanding such 

5 order, apply for adjustment of status under para6 graph (1). Such an alien may not be required, as a 

7 condition of submitting or granting such application, 

8 to file a separate motion to reopen, reconsider, or 

9 vacate such an order. If the Secretary of Homeland 

10 Security grants the application, the Secretary shall 

11 cancel the order. If the Secretary renders a final ad12 ministrative decision to deny the application, the 

13 order shall be effective and enforceable to the same 

14 extent as if the application had not been made. 

15 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA16 TUS.—

17 (1) IN GENERAL.—The benefits provided by 

18 subsection (a) shall apply to any alien who is a na19 tional of countries of the Caribbean and who has 

20 been physically present in the United States for a 

21 continuous period, beginning not later than Sep22 tember 30, 1996 and ending earlier than the date 

23 the application for adjustment under such subsection 

24 is filed, except an alien shall not be considered to 

25 have failed to maintain continuous physical presence 
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1 by reason of an absence, or absences, from the 

2 United States for any periods in the aggregate not 

3 exceeding 180 days. 

4 (2) PROOF OF COMMENCEMENT OF CONTIN5 UOUS PRESENCE.—For purposes of establishing that 

6 the period of continuous physical presence referred 

7 to in paragraph (1) commenced not later than Sep8 tember 30, 1996, an alien—

9 (A) shall demonstrate that the alien, prior 

10 to September 30, 1996 performed service, or 

11 engaged in a trade or business, within the 

12 United States; or 

13 (B) shall make such other demonstration 

14 of physical presence as the Secretary of Home15 land Security may provide for by regulation. 

16 (c) STAY OF REMOVAL; WORK AUTHORIZATION.—

17 (1) IN GENERAL.—The Secretary of Homeland 

18 Security shall provide by regulation for an alien sub19 ject to a final order of deportation or removal to 

20 seek a stay of such order based on the filing of an 

21 application under subsection (a). 

22 (2) DURING CERTAIN PROCEEDINGS.—Notwith23 standing any provision of the Immigration and Na24 tionality Act, the Secretary shall not order any alien 

25 to be removed from the United States, if the alien
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1 is in exclusion, deportation, or removal proceedings 

2 under any provision of such an Act and has applied 

3 for adjustment of status under subsection (a), except 

4 where the Secretary has rendered a final administra5 tive determination to deny the application. 

6 (3) WORK AUTHORIZATION.—The Secretary 

7 may authorize an alien who has applied for adjust8 ment of status under subsection (a) to engage in 

9 employment in the United States during the pend10 ency of such application and may provide the alien 

11 with an ‘‘employment authorization’’ endorsement or 

12 other appropriate document signifying authorization 

13 of employment, except that if such application is 

14 pending for a period exceeding 180 days, and has 

15 not been denied, the Secretary shall authorize such 

16 employment. 

17 (d) ADJUSTMENT OF STATUS FOR STATUS FOR

18 SPOUSES AND CHILDREN.—

19 (1) IN GENERAL.—Notwithstanding section 

20 245(c) of the Immigration and Nationality Act, the 

21 status of an alien shall be adjusted by the Secretary 

22 of Homeland Security to that of an alien lawfully 

23 admitted for permanent residence, if—

24 (A) the alien is a national of a Caribbean 

25 country; 
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1 (B) the spouse, child, or unmarried son or 

2 daughter, of an alien whose status is adjusted 

3 to that of an alien lawfully admitted for perma4 nent residence under subsection (a), except that 

5 in the case of such an unmarried son or daugh6 ter, the son or daughter shall be required to es7 tablish that they have been physically present in 

8 the United States for a continuous period, be9 ginning not later than December 1, 1995, and 

10 ending not earlier than the date the application 

11 for adjustment is filed; 

12 (C) the alien applies for such adjustment 

13 and is physically present in the United States 

14 on the date the application is filed; 

15 (D) the alien is otherwise eligible to receive 

16 an immigrant visa and is otherwise admissible 

17 to the United States for permanent residence, 

18 except in determining such admissibility the 

19 grounds for exclusion specified in paragraphs 

20 (4), (5), (6)(A), and (7)(A) of section 212(a) of 

21 the Immigration and Nationality Act shall not 

22 apply; and 

23 (E) applies for such adjustment before 

24 April 1, 2004. 
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1 (2) PROOF OF CONTINUOUS PRESENCE.—For 

2 purposes of establishing the period of continuous 

3 physical presence referred to in paragraph (1)(B), 

4 an alien—

5 (A) shall demonstrate that such period 

6 commenced not later than December 1, 1995, 

7 in a manner consistent with subsection (b)(2); 

8 and 

9 (B) shall not be considered to have failed 

10 to maintain continuous physical presence by 

11 reason of an absence, or absences, from the 

12 United States for any period in the aggregate 

13 not exceeding 180 days. 

14 (e) AVAILABILITY OF ADMINISTRATIVE REVIEW.—

15 The Secretary of Homeland Security shall provide to ap16 plicants for adjustment of status under subsection (a) the 

17 same right to, and procedures for, administrative review 

18 as are provided to—

19 (1) applicants for adjustment of status under 

20 section 245 of the Immigration and Nationality Act; 

21 or 

22 (2) aliens subject to removal proceedings under 

23 section 240 of such Act. 

24 (f) LIMITATION ON JUDICIAL REVIEW.—A deter25 mination by the Secretary of Homeland Security as to 
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1 whether the status of any alien should be adjusted under 

2 this section is final and shall not be subject to review by 

3 any court. 

4 (g) NO OFFSET IN NUMBER OF VISAS AVAILABLE.—

5 When an alien is granted the status of having been law6 fully admitted for permanent residence pursuant to this 

7 section, the Secretary of State shall not be required to re8 duce the number of immigrant visas authorized to be 

9 issued under any provision of the Immigration and Na10 tionality Act. 

11 (h) APPLICATION OF IMMIGRATION AND NATION12 ALITY ACT PROVISIONS.—Except as otherwise specifically 

13 provided in this section, the definitions contained in the 

14 Immigration and Nationality Act shall apply in the admin15 istration of this section. Nothing contained in this section 

16 shall be held to repeal, amend, alter, modify, affect, or 

17 restrict the powers, duties, functions, or authority of the 

18 Secretary of Homeland Security in the administration and 

19 enforcement of such Act or any other law relating to immi20 gration, nationality, or naturalization. The fact that an 

21 alien may be eligible to be granted the status of having 

22 been lawfully admitted for permanent residence under this 

23 section shall not preclude the alien from seeking such sta24 tus under any other provision of law for which the alien 

25 may be eligible.
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1 TITLE II—VISA FAIRNESS 

2 COMMISSION 

3 SEC. 201. ESTABLISHMENT. 

4 There is established in the Department of Homeland 

5 Security’s Bureau of Citizenship and Immigration Serv6 ices a commission to be known as the Visa Fairness Com7 mission (hereafter in this title referred to as the ‘‘Commis8 sion’’). 

9 SEC. 202. DUTIES. 

10 (a) DATA COLLECTION.— The Commission, in con11 sultation with the Director of the Bureau of Citizenship 

12 and Immigration Services, shall gather empirical data on 

13 economic and racial profiling by the Consular Affairs of14 fice in American embassies and by Customs and immigra15 tion inspectors at US points of entry. In carrying out the 

16 preceding sentence, the Commission and the Director 

17 shall, to the extent practicable, avoid duplication of admin18 istration efforts. 

19 (b) IN GENERAL.—Section 376 of the Immigration 

20 and Nationality Act (8 U.S.C. 1351) is amended by add21 ing in subsection (a) the following: 

22 ‘‘(3) FEE WAIVER—The Secretary of State 

23 shall waive the visa fee for those who can prove in 

24 forma pauperis status.’’. 
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1 SEC. 203. MEMBERSHIP. 

2 (a) NUMBER AND APPOINTMENT.—The Commission 

3 shall be composed of 15 members appointed by the Direc4 tor of the Bureau of Citizenship and Immigration Serv5 ices. Members on the Commission shall be broadly rep6 resentative of the ethnic, religious, majority and minority 

7 groups comprising the United States. 

8 (b) WAIVER OF LIMITATION ON EXECUTIVE SCHED9 ULE POSITIONS.—Appointments may be made under this 

10 section without regard to section 5311(b) of title 5, United 

11 States Code. 

12 (c) POLITICAL AFFILIATION.—Not more than 8 

13 members appointed may be of the same political party. 

14 (d) TERMS.—

15 (1) IN GENERAL.—Each member shall be ap16 pointed for a term of two years, except as provided. 

17 (e) BASIC PAY.—

18 (1) RATES OF PAY.—Except as provided in 

19 paragraph (2), member shall serve without pay. 

20 (2) PROHIBITION OF COMPENSATION OF FED21 ERAL EMPLOYEES.—Members of the Commission 

22 who are full-time officers or employees of the United 

23 States may not receive additional pay, allowances, or 

24 benefits by reason of their services on the Commis25 sion. 
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1 (f) TRAVEL EXPENSES.—Each member shall receive 

2 travel expenses, including per diem in lieu of subsistence, 

3 in accordance with sections 5702 and 5703 of title 5, 

4 United States Code. 

5 (g) QUORUM.—Eight members of the Commission 

6 shall constitute a quorum but a lesser number may hold 

7 hearings. 

8 (h) CHAIRMAN; VICE CHAIRMAN.—The Chairman 

9 and Vice Chairman of the Commission shall be designated 

10 by the Director of the Bureau of Citizenship and Immigra11 tion Services at the time of the appointment. 

12 (i) MEETINGS.—The Commission shall meet at the 

13 call of the Chairman or a majority of its members. 

14 SEC. 204. DIRECTOR AND STAFF OF COMMISSION; EXPERTS 

15 AND CONSULTANTS. 

16 (a) DIRECTOR.—The Commission shall, without re17 gard to section 5311(b) of title 5, United States Code, 

18 have a Director who shall be appointed by the Commis19 sion. The Director shall be paid at a rate not to exceed 

20 the rate of basic pay payable for level V of the Executive 

21 Schedule. 

22 (b) STAFF.—Subject to rules prescribed by the Com23 mission, and without regard to section 5311(b) of title 5, 

24 United States Code, the Director may appoint additional 

25 personnel as the Director considers appropriate. 
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1 (c) APPLICABILITY OF CERTAIN CIVIL SERVICE

2 LAWS.—The Director and staff of the Commission shall 

3 be appointed subject to the provisions of title 5, United 

4 State Code, governing appointments in the competitive 

5 service, and shall be paid in accordance with the provisions 

6 of chapter 51 and subchapter III of chapter 53 of that 

7 title relating to classification and General Schedule pay 

8 rates. 

9 (d) EXPERTS AND CONSULTANTS.—Subject to rules 

10 prescribed by the Commission, the Director may procure 

11 temporary and intermittent services under section 3109(b) 

12 of title 5, United States Code, but at rates for individuals 

13 not to exceed the daily equivalent of the rate basic pay 

14 payable for level V of the Executive Schedule. 

15 (e) STAFF OF FEDERAL AGENCIES.—Upon request 

16 of the Director, the head of any Federal department or 

17 agency may detail, on a reimbursable basis, any of the 

18 personnel of that department or agency to the Commission 

19 to assist it in carrying out its duties under this Act. 

20 SEC. 205. POWERS OF COMMISSION. 

21 (a) HEARINGS AND SESSIONS.—The Commission 

22 may, for the purpose of carrying out this Act, hold hear23 ings, sit and act at times and places, take testimony, and 

24 receive evidence as the Commission considers appropriate.
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1 The Commission may administer oaths or affirmations to 

2 witnesses appearing before it. 

3 (b) POWERS OF MEMBERS AND AGENTS.—Any mem4 ber or agent of the Commission may, if authorized by the 

5 Commission take any action which the Commission is au6 thorized to take by this section. 

7 (c) OBTAINING OFFICIAL DATA.—The Commission 

8 may secure directly from any department or agency of the 

9 United States information necessary to enable it to carry 

10 out this Act. Upon request of the Chairman or Vice Chair11 man of the Commission, the head of the department or 

12 agency shall furnish that information to the Commission, 

13 the head of that department or agency shall furnish that 

14 information to the Commission. 

15 (d) GIFTS, BEQUESTS, AND DEVISES.—The Commis16 sion may accept, use, and dispose of gifts, bequests, or 

17 devises of services or property, both real and personal, for 

18 the purpose of aiding or facilitating the work of the Com19 mission. Gifts, bequests, or devises of money and proceeds 

20 from sales of other property received as gifts, bequests, 

21 or devises shall be deposited in the Treasury and shall be 

22 available for disbursement upon order of the Chairman. 

23 (e) MAILS.—The Commission may use the United 

24 States mails in the same manner and under the same con-
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1 ditions as other departments and agencies of the United 

2 States. 

3 (f) ADMINISTRATIVE SUPPORT SERVICES.—Upon the 

4 request of the Commission, the Administrator of General 

5 Services shall provide to the Commission, on a reimburs6 able basis, the administrative support services necessary 

7 for the Commission to carry out its responsibilities under 

8 the Act. 

9 (g) SUBPOENA POWER.—

10 (1) IN GENERAL.—The Commission may issue 

11 subpoenas requiring the attendance and testimony of 

12 witnesses and the production of any evidence relat13 ing to any matter under investigation by the Com14 mission. The attendance of witnesses and the pro15 duction of evidence may be required from any place 

16 within the United States at any designated place of 

17 hearing within the United States. 

18 (2) FAILURE TO OBEY A SUBPOENA.—If a per19 son refuses to obey a subpoena issued under para20 graph (1), the Commission may apply to a United 

21 States district court for an order requiring that per22 son to appear before the Commission to give testi23 mony, produce evidence, or both, relating to the 

24 matter under investigation. The application may be 

25 made within the judicial district where the hearing 
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1 is conducted or where that person is found, resides, 

2 or transacts business. Any failure to obey the order 

3 of the court may be punished by the court as civil 

4 contempt. 

5 (3) SERVICE OF SUBPOENAS.—The subpoenas 

6 of the Commission shall be served in the manner 

7 provided for subpoenas issued by a United States 

8 district court under the Federal Rules of Civil Pro9 cedure for the United States district courts. 

10 (4) SERVICE OF PROCESS.—All process of any 

11 court to which application is made under paragraph 

12 (2) may be served in the judicial district in which 

13 the person required to be served resides or may be 

14 found. 

15 (h) IMMUNITY.—Except as provided in this sub16 section, a person may not be excused from testifying or 

17 from producing evidence pursuant to a subpoena on the 

18 ground that the testimony or evidence required by the sub19 poena may tend to incriminate or subject that person to 

20 criminal prosecution. A person, after having claimed the 

21 privilege against self-incrimination, may not be criminally 

22 prosecuted by reason of any transaction, matter, or thing 

23 about which that person is compelled to testify or relating 

24 to which that person is compelled to produce evidence, ex-
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1 cept that the person may be prosecuted for perjury com2 mitted during the testimony or made in the evidence. 

3 (i) CONTRACT AUTHORITY.—The Commission may 

4 contract with and compensate government and private 

5 agencies or persons for property and services, without re6 gard to section 3709 of the Revised Statutes (41 U.S.C. 

7 5). 

8 SEC. 206. ANNUAL REPORTS. 

9 The Commission shall transmit an annual report to 

10 the Director of the Bureau of Citizenship and Immigration 

11 Services and the Congress not later than December 31 of 

12 each year. Each such report shall contain a detailed state13 ment of activities of the Commission during the fiscal year 

14 ending in the year in which such report is required to be 

15 submitted. 

16 SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated such sums 

18 as may be necessary to complete the study. 

19 TITLE III—ELIGIBILITY FOR 

20 ADJUSTMENT OF STATUS 

21 SEC. 301. REMOVAL OF CERTAIN LIMITATIONS ON ELIGI22 BILITY FOR ADJUSTMENT OF STATUS UNDER 

23 SECTION 245(i). 

24 Section 245(i) of the Immigration and Nationality 

25 Act (8 U.S.C. 1255(i)) is amended—
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1 (1) in paragraph (1), by striking ‘‘(i)(1)’’ 

2 through ‘‘to that of an alien lawfully admitted for 

3 permanent residence.’’ and inserting the following: 

4 ‘‘(i)(1) Notwithstanding the provisions of subsections 

5 (a) and (c) of this section, an alien physically present in 

6 the United States who—

7 ‘‘(A) entered the United States without inspec8 tion; or 

9 ‘‘(B) is within one of the classes enumerated in 

10 subsection (c) of this section; 

11 may apply to the Secretary of Homeland Security for the 

12 adjustment of his or her status to that of an alien lawfully 

13 admitted for permanent residence.’’; and 

14 (2) in paragraph (3)(B), by striking ‘‘, except 

15 that’’ through ‘‘286(m)’’.

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