I 

108TH CONGRESS 

1ST SESSION H. R. 200

To revise various provisions of the Immigration and Nationality Act. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2003

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.

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; REFERENCES TO IMMIGRATION 

4 AND NATIONALITY ACT. 

5 (a) SHORT TITLE.—This Act may be cited as the 

6 ‘‘U.S. Employee, Family Unity, and Legalization Act’’. 

7 (b) REFERENCES TO IMMIGRATION AND NATION8 ALITY ACT.—Except as otherwise expressly provided, 

9 whenever in this Act an amendment or repeal is expressed 

10 in terms of an amendment to, or repeal of, a section or 

11 other provision, the reference shall be considered to be 
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1 made to a section or other provision of the Immigration 

2 and Nationality Act. 

3 SEC. 2. CHANGE OF ENTRY DATE INTO THE UNITED STATES 

4 FOR PURPOSES OF A RECORD OF ADMISSION 

5 FOR PERMANENT RESIDENCE FOR CERTAIN 

6 ALIENS. 

7 (a) IN GENERAL.—Section 249 (8 U.S.C. 1259) is 

8 amended—

9 (1) in the section heading, by striking ‘‘JANU10 ARY 1, 1972’’ and inserting ‘‘JANUARY 1, 1998’’; and 

11 (2) in subsection (a), by striking ‘‘January 1, 

12 1972;’’ and inserting ‘‘January 1, 1998;’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 is amended in the item relating to section 249 by striking 

15 ‘‘who entered the United States prior to January 1, 

16 1972’’.

17 (c) EXTENSION OF DATE OF REGISTRY.—

18 (1) PERIOD BEGINNING JANUARY 1, 2005.—Be19 ginning on January 1, 2005, section 249 (8 U.S.C. 

20 1259) is amended by striking ‘‘January 1, 1998’’ 

21 each place it appears and inserting ‘‘January 1, 

22 1999’’. 

23 (2) PERIOD BEGINNING JANUARY 1, 2006.—Be24 ginning on January 1, 2006, section 249 is amended 
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1 by striking ‘‘January 1, 1999’’ each place it appears 

2 and inserting ‘‘January 1, 2000’’. 

3 (3) PERIOD BEGINNING JANUARY 1, 2007.—Be4 ginning on January 1, 2001, section 249 is amended 

5 by striking ‘‘January 1, 2000’’ each place it appears 

6 and inserting ‘‘January 1, 2001’’. 

7 (4) PERIOD BEGINNING JANUARY 1, 2008.—Be8 ginning on January 1, 2008, section 249 is amended 

9 by striking ‘‘January 1, 2001’’ each place it appears 

10 and inserting ‘‘January 1, 2002’’. 

11 (5) PERIOD BEGINNING JANUARY 1, 2009.—Be12 ginning on January 1, 2009, section 249 is amended 

13 by striking ‘‘January 1, 2002’’ each place it appears 

14 and inserting ‘‘January 1, 2003’’. 

15 (d) VIOLATIONS INCIDENTAL TO UNDOCUMENTED

16 STATUS AND CONFIDENTIALITY OF INFORMATION.—Sec17 tion 249 is further amended—

18 (1) by redesignating subsections (a), (b), (c), 

19 and (d) as paragraphs (1), (2), (3), and (4), respec20 tively; 

21 (2) by inserting ‘‘(a)’’ after ‘‘249.’’; and 

22 (3) by adding at the end the following new sub23 sections: 

24 ‘‘(b) VIOLATIONS INCIDENTAL TO UNDOCUMENTED

25 STATUS.—
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1 ‘‘(1) IMPACT OF VIOLATIONS INCIDENTAL TO

2 LEGAL STATUS.—

3 ‘‘(A) Violations of the provisions listed in 

4 subparagraph (B) shall not adversely affect an 

5 application for an immigration benefit or status 

6 under this Act. 

7 ‘‘(B) The provisions referred to in sub8 paragraph (A) are section 274C of the Immi9 gration and Nationality Act, sections 1001 and 

10 1546 of title 18, United States Code, and sec11 tions 408(a)(6) and 408(a)(7) of title 42, 

12 United States Code. 

13 ‘‘(2) APPLICABILITY OF GROUND OF INADMIS14 SIBILITY.—The grounds of inadmissibility specified 

15 in paragraph (6)(F) of section 212(a) shall not 

16 apply to an application for an immigration benefit or 

17 status under this Act. 

18 ‘‘(c) CONFIDENTIALITY OF INFORMATION.—

19 ‘‘(1) Neither the Attorney General, nor any 

20 other official or employee of the Department of Jus21 tice, or any bureau or agency thereof, may—

22 ‘‘(A) use the information furnished pursu23 ant to an application filed under this section for 

24 any purpose other than to make a determina-
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1 tion on the application or for enforcement of 

2 subsection (d); 

3 ‘‘(B) make any publication whereby the in4 formation furnished by any particular individual 

5 can be identified; or 

6 ‘‘(C) permit anyone other than the sworn 

7 officers and employees of the Department or 

8 bureau or agency or, with respect to applica9 tions filed with a designated entity, that des10 ignated entity, to examine individual applica11 tions. 

12 ‘‘(2) Anyone who uses, publishes, or permits in13 formation to be examined in violation of paragraph 

14 (1) shall be fined in accordance with title 18, United 

15 States Code, or imprisoned not more than five years, 

16 or both. 

17 ‘‘(d) PENALTIES FOR FALSE STATEMENTS IN APPLI18 CATIONS.—Whoever files an application for adjustment of 

19 status under this section and knowingly and willfully fal20 sifies, misrepresents, conceals, or covers up a material fact 

21 or makes any false, fictitious, or fraudulent statements or 

22 representations, or makes or uses any false writing or doc23 ument knowing the same to contain any false, fictitious, 

24 or fraudulent statement or entry, shall be fined in accord-
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1 ance with title 18, United States Code, or imprisoned not 

2 more than five years, or both.’’. 

3 (e) CORRECTION OF SOCIAL SECURITY RECORDS.—

4 Section 208(d)(1) of the Social Security Act (42 U.S.C. 

5 408(d)(1)) is amended—

6 (1) in subparagraph (B), by inserting after 

7 clause (ii) the following new clause: 

8 ‘‘(iii) pursuant to the ‘‘U.S. Em9 ployee, Family Unity, and Legalization 

10 Act, or’’; and 

11 (2) in subparagraph (C), by striking ‘‘60 days 

12 after the date of enactment of the Omnibus Budget 

13 Reconciliation Act of 1990,’’ and inserting ‘‘the date 

14 the alien obtains lawful permanent resident status or 

15 within 60 days after the alien obtains such status.’’. 

16 SEC. 3. ELIMINATION OF RETROACTIVE APPLICATION OF 

17 CERTAIN PROVISIONS OF THE IMMIGRATION 

18 AND NATIONALITY ACT. 

19 (a) CANCELLATION OF REMOVAL.—Section 240A (8 

20 U.S.C. 1229b) is amended by adding at the end the fol21 lowing new subsection: 

22 ‘‘(f) APPLICATION OF LAW.—Notwithstanding any 

23 other provision of this section, an alien who committed an 

24 offense that was a ground for deportation or exclusion 

25 prior to April 1, 1997, shall have the law in effect at the 
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1 time of the offense apply with respect to any application 

2 for relief from deportation or exclusion on that ground. 

3 For purposes of determining eligibility for such relief, such 

4 alien shall be credited with any periods of residency in the 

5 United States that the alien has accrued without regard 

6 to whether or not the residency occurred after the commis7 sion of the offense or service of a notice to appear under 

8 section 239(a).’’. 

9 (b) APPLICATION OF AGGRAVATED FELONY DEFINI10 TION.—The last sentence of section 101(a)(43) (8 U.S.C. 

11 1101(a)(43)) is amended to read as follows: ‘‘The term 

12 shall not apply to any offense that was not covered by 

13 the term on the date on which the offense occurred.’’. 

14 (c) GROUNDS OF DEPORTABILITY.—Section 237 (8 

15 U.S.C. 1227) is amended by adding at the end the fol16 lowing new subsection: 

17 ‘‘(d) Notwithstanding any other provision of this sec18 tion, an alien is not deportable or removable by reason 

19 of committing any offense that was not a ground of de20 portability on the date the offense occurred.’’. 

21 (d) GROUNDS OF INADMISSIBILITY.—Section 212 (8 

22 U.S.C. 1182) is amended—

23 (1) by redesignating the subsection (p) added 

24 by section 1505(f) of Public Law 106–386 (114 

25 Stat. 1526) as a subsection (s); and 
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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(t)(1) Notwithstanding any other provision of this 

4 section, an alien is not inadmissible by reason of commit5 ting any offense that was not a ground of inadmissibility 

6 on the date the offense occurred. 

7 ‘‘(2) Any alien who applied for admission to the 

8 United States or adjustment of status to that of an alien 

9 lawfully admitted for permanent residence prior to April 

10 1, 1997, and was inadmissible under subsection (a)(6)(C), 

11 shall be eligible for the relief available (including any waiv12 er of inadmissibility) at the time the application was 

13 filed.’’. 

14 (e) PROSPECTIVE EFFECTIVE DATES.—

15 (1) ILLEGAL IMMIGRATION REFORM AND IMMI16 GRANT RESPONSIBILITY ACT.—Notwithstanding any 

17 other provision of law, the Illegal Immigration Re18 form and Immigrant Responsibility Act of 1996, and 

19 the amendments made by that Act, shall apply only 

20 to persons seeking admission, or who became remov21 able, on or after April 1, 1997, as the case may be.

22 (2) ANTITERRORISM AND EFFECTIVE DEATH

23 PENALTY ACT OF 1996.—Notwithstanding any other 

24 provision of law, title IV of the Antiterrorism and 

25 Effective Death Penalty Act of 1996, and the 
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1 amendments made by that title, shall only apply to 

2 persons seeking admission, or who become remov3 able, on or after April 24, 1996. 

4 (3) REINSTATEMENT OF REMOVAL ORDERS.—

5 Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is repealed, 

6 and such repeal shall apply to all proceedings pend7 ing at any stage as of the date of enactment of this 

8 Act and to all cases brought on or after such date. 

9 SEC. 4. RESTORATION OF PROPORTIONALITY TO GROUNDS 

10 OF REMOVAL. 

11 (a) DEFINITION OF CRIMES INVOLVING MORAL TUR12 PITUDE.—Section 237(a)(2)(A)(i) (8 U.S.C. 

13 1227(a)(2)(A)(i)) is amended to read as follows: 

14 ‘‘(i) CRIMES OF MORAL TURPITUDE.—Any 

15 alien who is convicted of a crime involving 

16 moral turpitude committed within five years 

17 after the date of admissions (or 10 years in the 

18 case of an alien provided lawful permanent resi19 dence status under section 245(j)) for which the 

20 alien is confined in a prison or correctional in21 stitution for more than one year, is deport22 able.’’. 

23 (b) DEFINITION OF AGGRAVATED FELONY.—Section 

24 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended—
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1 (1) in subparagraphs (F), (G), (J), (R), and 

2 (S), by striking ‘‘one year’’ each place it appears 

3 and inserting ‘‘five years’’; 

4 (2) by amending subparagraph (N) (8 U.S.C. 

5 1101(a)(43)(N)) to read as follows: 

6 ‘‘(N) an offense described in section 274(a)(1) 

7 (relating to alien smuggling) for the purpose of com8 mercial advantage.’’; 

9 (3) in subparagraph (P)(ii) (8 U.S.C. 

10 1101(a)(43)(P)(ii)), by striking ‘‘child’’ and insert11 ing ‘‘son or daughter’’; 

12 (4) in subparagraph (T), by striking ‘‘2 years’ ’’ 

13 and inserting ‘‘5 years’ ’’; and 

14 (5) by adding at the end of section 101(a)(43) 

15 the following: ‘‘No crime shall be deemed to be an 

16 aggravated felony if the underlying conviction is a 

17 misdemeanor or if the sentence imposed is not in ex18 cess of one year.’’. 

19 (c) EFFECTIVE DATE.—The amendments made by 

20 this section shall apply to convictions entered before, on, 

21 or after the date of enactment of this Act. 

22 (d) CONVICTION DEFINED.—Section 101(a)(48)(A) 

23 (8 U.S.C. 1101(a)(48)(A)) is amended—

24 (1) by redesignating clauses (i) and (ii) as sub25 clauses (I) and (II), respectively; 
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1 (2) by striking ‘‘(48)(A) The term’’ and insert2 ing ‘‘(48)(A)(i) Except as provided in clause (ii), the 

3 term’’; and 

4 (3) by adding at the end the following: 

5 ‘‘(ii) For purposes of determinations under this Act, 

6 the term ‘conviction’ does not include any Federal, State, 

7 or foreign guilty plea or other record of guilt or conviction 

8 that has been expunged, dismissed, canceled, vacated, dis9 charged or otherwise removed, or any Federal, State, or 

10 foreign deferred adjudication, adjudication of guilt with11 held, order of probation without entry of judgment, or 

12 similar disposition.’’. 

13 (e) DEFINITION OF TERM OF IMPRISONMENT.—Sec14 tion 101(a)(48)(B) (8 U.S.C. 1101(a)(48)(B)) is amended 

15 to read as follows: 

16 ‘‘(B) Any reference to a term of imprisonment or a 

17 sentence with respect to an offense is deemed to include 

18 the period of incarceration or confinement ordered by a 

19 court of law excluding any period of the suspension of the 

20 imposition or execution of that imprisonment or sentence 

21 in whole or in part.’’.

22 (f) CONFORMING AMENDMENTS.—

23 (1) GROUND OF INADMISSIBILITY.—Section 

24 212(a)(6)(E) (8 U.S.C. 1182(a)(6)(E)) is amend25 ed—
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1 (A) in clause (i), by inserting ‘‘and for 

2 commercial advantage’’ after ‘‘knowingly’’; 

3 (B) by striking clause (ii); and

4 (C) by redesignating clause (iii) as clause 

5 (ii). 

6 (2) GROUND OF DEPORTABILITY.—Section 

7 237(a)(1)(E) (8 U.S.C. 1227(a)(1)(E)) is amend8 ed—

9 (A) in clause (i), by inserting ‘‘and for 

10 commercial advantage’’ after ‘‘knowingly’’; 

11 (B) by striking clause (ii); and 

12 (C) by redesignating clause (iii) as clause 

13 (ii). 

14 SEC. 5. ELIMINATION OF PROHIBITION ON ADMISSION FOR 

15 ALIENS WHO HAVE BEEN UNLAWFULLY 

16 PRESENT IN THE UNITED STATES. 

17 (a) IN GENERAL.—Section 212(a)(9) (8 U.S.C. 

18 1182(a)(9)) is amended—

19 (1) by striking subparagraph (B); and 

20 (2) by redesignating subparagraph (C) as sub21 paragraph (B).

22 (b) CONFORMING AMENDMENTS.—Section 248 (8 

23 U.S.C. 1258) is amended by striking ‘‘and who is not in24 admissible under section 212(a)(9)(B)(i) (or whose inad-
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1 missibility under such section is waived under section 

2 212(a)(9)(B)(v))’’.

3 SEC. 6. VISA FOR CERTAIN SPOUSES AND CHILDREN OF 

4 CITIZENS AND PERMANENT RESIDENTS TEM5 PORARILY WAITING FOR VISA NUMBERS. 

6 (a) IN GENERAL.—Section 101(a)(15)(V) (8 U.S.C. 

7 1101(a)(15)(V)) is amended to read as follows: 

8 ‘‘(V) subject to section 214(o), an alien (other 

9 than one coming for the purpose of study or of per10 forming skilled or unskilled labor or as a representa11 tive of foreign press, radio, film, or other foreign in12 formation media coming to engage in such vocation) 

13 who is the beneficiary of a petition approved 

14 under—

15 ‘‘(i) section 204 (excluding the provisions 

16 of such section referred to in clause (ii)) for 

17 classification by reason of a relationship de18 scribed in section 203(a)(2)(A) with an alien 

19 lawfully admitted for permanent residence, who 

20 is awaiting the availability of an immigrant visa 

21 based upon such approval, and who seeks to 

22 enter the United States to achieve family unity 

23 by joining the permanent resident alien in the 

24 United States; or 
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1 ‘‘(ii) clause (iii), (iv), or (v) of section 

2 204(a)(1)(A) or clause (ii), (iii), or (iv) of sec3 tion 204(a)(1)(B) and who is awaiting the 

4 availability of an immigrant visa based upon 

5 such approval.’’. 

6 (b) CONFORMING AMENDMENTS.—Section 214 (8 

7 U.S.C. 1184) is amended—

8 (1) by redesignating the subsections (o) and (p) 

9 added by sections 1102(b) and 1103(b), respectively, 

10 of the Departments of Commerce, Justice, and 

11 State, the Judiciary, and Related Agencies Appro12 priations Act, 2001, as enacted into law by section 

13 1(a)(2) of Public Law 106–553 as subsections (p) 

14 and (q); and 

15 (2) in subsection (p) (as so redesignated)—

16 (A) in paragraph (1)(B)(i), by striking 

17 ‘‘under section 203(a)(2)(A)’’ each place such 

18 term appears; 

19 (B) by striking paragraph (2) and redesig20 nating paragraph (3) as paragraph (2); and 

21 (C) in paragraph (2)(C) (as so redesig22 nated), by striking ‘‘(6)(A), (7), and (9)(B)’’ 

23 and inserting ‘‘(6)(A) and (7)’’. 
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1 SEC. 7. TASK FORCE ON IMMIGRANT EXPLOITATION. 

2 There shall be established a national task force on 

3 the exploitation of and trafficking in immigrants. The task 

4 force shall consist of Federal and State law enforcement 

5 officers appointed by the Secretary of Labor and the Sec6 retary of State. The Secretary of Labor shall be the Chair 

7 of the task force. The purpose of the task force shall be 

8 to create a coordinated and aggressive national and State 

9 policy to end the exploitation of and trafficking in immi10 grants. The task force shall develop and recommend to 

11 the President coordinated Federal and State law enforce12 ment efforts for the elimination of employment abuses 

13 against immigrant workers.

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