19–006

REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 107–753

BORDER COMMUTER STUDENT ACT OF 2002

OCTOBER 15, 2002.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. SENSENBRENNER, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H.R. 4967]

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 4967) to establish new nonimmigrant classes for border commuter students, having considered the same, reports favorably 

thereon without amendment and recommends that the bill do pass.

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 1

Background and Need for the Legislation ............................................................. 2

Hearings ................................................................................................................... 2

Committee Consideration ........................................................................................ 2

Vote of the Committee ............................................................................................. 2

Committee Oversight Findings ............................................................................... 2

Performance Goals and Objectives ......................................................................... 2

New Budget Authority and Tax Expenditures ...................................................... 3

Constitutional Authority Statement ...................................................................... 3

Section-by-Section Analysis and Discussion .......................................................... 3

Changes in Existing Law Made by the Bill, as Reported ..................................... 3

Markup Transcript .................................................................................................. 5

PURPOSE AND SUMMARY

H.R. 4967 would expand the ‘‘F’’ and ‘‘M’’ nonimmigrant student 

visa categories of the Immigration and Nationality Act (INA) to include nationals of Canada or Mexico who maintain actual residence 

and place of abode in the country of nationality, whose course of 

study may be full or part-time, and who commute to a United 

States institution or place of study from Canada or Mexico. 

2

BACKGROUND AND NEED FOR THE LEGISLATION

The INA permits foreign students to study in the U.S. on temporary, or ‘‘nonimmigrant’’ student visas. Subsections (F) and (M) 

of the INA section 101(a)(15) require aliens to be full-time students 

to be eligible for ‘‘F’’ (Academic or Language Studies) or ‘‘M’’ (Vocational or Non-academic Studies) nonimmigrant student visas. However, some Immigration and Naturalization Service (INS) districts 

have permitted commuter part-time students from Canada and 

Mexico to enter the U.S. as visitors to by-pass this statutory requirement because no visa category exists for part-time commuter 

students. 

Since September 11, 2001, the INS has issued memoranda regarding its intent to end this practice, but permitted its continuance through the end of 2002 for students already enrolled in border schools. On August 27, 2002, the INS issued an interim rule 

to expand the ‘‘F’’ and ‘‘M’’ student visa categories to permit Mexican and Canadian part-time commuter students to obtain student 

visas. However, such a rule is open to differing interpretations 

across administrations. H.R. 4967 would make Congress’ intent 

clear that such students should be able to obtain student visas and 

attend U.S. schools along our borders. 

HEARINGS

No hearings were held on H.R. 4967. 

COMMITTEE CONSIDERATION

On September 25, 2002, the Subcommittee on Immigration, Border Security, and Claims met in open session and ordered favorably 

reported the bill H.R. 4967, by a voice vote, a quorum being 

present. On October 9, 2002, the Committee met in open session 

and ordered favorably reported the bill H.R. 4967 without amendment by voice vote, a quorum being present. 

VOTE OF THE COMMITTEE

There were no recorded votes on H.R. 4967. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee reports that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

PERFORMANCE GOALS AND OBJECTIVES

H.R. 4967 does not authorize funding. Therefore, clause 3(c) of 

rule XIII of the Rules of the House of Representatives is inapplicable. 

3

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of House rule XIII is inapplicable because this legislation does not provide new budgetary authority or increased tax 

expenditures. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds the authority for this legislation in article I, section 8, clause 4 of the Constitution. 

SECTION-BY-SECTION ANALYSIS AND DISCUSSION

Sec. 2. Establishment of Border Commuter Non-immigrant Class. 

Section 2(a) of the bill amends section 101(a)(15)(F) of the INA 

to expand authorization for such status to include aliens who are 

nationals of Canada or Mexico, who maintain actual residence and 

place of abode in their country of nationality, who are pursuing a 

full or part-time course of study in academic or language studies, 

and who commute to the U.S. institution or place of study from 

Canada or Mexico. 

Section 2(b) amends section 101(a)(15)(M) of the INA to expand 

authorization for such status to include aliens who are nationals of 

Canada or Mexico, who maintain actual residence and place of 

abode in their country of nationality, who are pursuing a full or 

part-time course of study in vocational or non-academic studies, 

and who commute to the U.S. institution or place of study from 

Canada or Mexico. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman):

IMMIGRATION AND NATIONALITY ACT 

* * * * * * *

TITLE I—GENERAL 

DEFINITIONS

SECTION 101. (a) As used in this Act— (1) * * *

* * * * * * *

(15) The term ‘‘immigrant’’ means every alien except an alien 

who is within one of the following classes of nonimmigrant aliens—

(A) * * *

* * * * * * *

(F)(i) an alien having a residence in a foreign country 

which he has no intention of abandoning, who is a bona fide 

student qualified to pursue a full course of study and who 

4

seeks to enter the United States temporarily and solely for the 

purpose of pursuing such a course of study consistent with section 214(l) at an established college, university, seminary, conservatory, academic high school, elementary school, or other 

academic institution or in a language training program in the 

United States, particularly designated by him and approved by 

the Attorney General after consultation with the Secretary of 

Education, which institution or place of study shall have 

agreed to report to the Attorney General the termination of attendance of each nonimmigrant student, and if any such institution of learning or place of study fails to make reports 

promptly the approval shall be withdrawn, øand (ii) the alien 

spouse and minor children of any such alien if accompanying 

him or following to join him;¿ (ii) the alien spouse and minor 

children of any alien described in clause (i) if accompanying or 

following to join such an alien, and (iii) an alien who is a national of Canada or Mexico, who maintains actual residence 

and place of abode in the country of nationality, who is described in clause (i) except that the alien’s qualifications for and 

actual course of study may be full or part-time, and who commutes to the United States institution or place of study from 

Canada or Mexico;

* * * * * * *

(M)(i) an alien having a residence in a foreign country 

which he has no intention of abandoning who seeks to enter 

the United States temporarily and solely for the purpose of 

pursuing a full course of study at an established vocational or 

other recognized nonacademic institution (other than in a language training program) in the United States particularly designated by him and approved by the Attorney General, after 

consultation with the Secretary of Education, which institution 

shall have agreed to report to the Attorney General the termination of attendance of each nonimmigrant nonacademic student and if any such institution fails to make reports promptly 

the approval shall be withdrawn, øand (ii) the alien spouse and 

minor children of any such alien if accompanying him or following to join him;¿ (ii) the alien spouse and minor children of 

any alien described in clause (i) if accompanying or following 

to join such an alien, and (iii) an alien who is a national of 

Canada or Mexico, who maintains actual residence and place 

of abode in the country of nationality, who is described in 

clause (i) except that the alien’s course of study may be full or 

part-time, and who commutes to the United States institution 

or place of study from Canada or Mexico;

* * * * * * *

TITLE II—IMMIGRATION 

* * * * * * *

CHAPTER 2—QUALIFICATIONS FOR ADMISSION OF ALIENS; TRAVEL

CONTROL OF CITIZENS AND ALIENS

* * * * * * *

5

ADMISSION OF NONIMMIGRANTS

SEC. 214. (a)***

* * * * * * *

(m)(1) An alien may not be accorded status as a nonimmigrant 

under øsection 101(a)(15)(F)(i)¿ clause (i) or (iii) of section 

101(a)(15)(F) in order to pursue a course of study—

(A) * * *

* * * * * * *

(2) An alien who obtains the status of a nonimmigrant under 

øsection 101(a)(15)(F)(i)¿ clause (i) or (iii) of section 101(a)(15)(F) in 

order to pursue a course of study at a private elementary or secondary school or in a language training program that is not publicly funded shall be considered to have violated such status, and 

the alien’s visa under section 101(a)(15)(F) shall be void, if the 

alien terminates or abandons such course of study at such a school 

and undertakes a course of study at a public elementary school, in 

a publicly funded adult education program, in a publicly funded 

adult education language training program, or at a public secondary school (unless the requirements of paragraph (1)(B) are 

met). 

* * * * * * *

MARKUP TRANSCRIPT

BUSINESS MEETING 

WEDNESDAY, OCTOBER 9, 2002

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON THE JUDICIARY, 

Washington, DC. 

The Committee met, pursuant to notice, at 11:25 a.m., in Room 

2141, Rayburn House Office Building, Hon. F. James Sensenbrenner [Chairman of the Committee] presiding. 

* * * * * * *

Chairman SENSENBRENNER. The next item on the agenda is the 

adoption of H.R. 4967. The Chair recognizes the gentleman from 

Pennsylvania for a motion. 

Mr. GEKAS. Mr. Chairman, the Subcommittee on Immigration 

and Border Security reports favorably the bill H.R. 4967 and moves 

its favorable recommendation to the full House. 

Chairman SENSENBRENNER. Without objection, the bill will be 

considered as read and open for amendment at any point. 

[The bill, H.R. 4967, follows:]

6


I4967A.eps
7


I4967B.eps
8


I4967C.eps
9

Chairman SENSENBRENNER. And the Chair recognizes the gentleman from Pennsylvania, Mr. Gekas, to strike the last word. 

Mr. GEKAS. The Immigration and Nationality Act permits foreign 

students to study in the U.S. on nonimmigrant student visas. 

Aliens must be full-time students and reside in the U.S. to be eligible for this particular nonimmigrant student visa; however, some 

INS districts have paroled commuter students from Canada and 

Mexico into the U.S. as visitors to bypass this statutory requirement because no visa category exists for part-time commuter students. 

Since September 11, 2001 the INS has issued memoranda regarding its intent to end this practice of accommodating commuter 

students, but permitted its continuance through the end of 2002 for 

students already enrolled in these border schools. 

On August 27, 2002 the INS issued an interim rule to expand 

the ‘‘F’’ and ‘‘M’’ student visa categories to permit Mexican and Canadian commuter students to obtain student visas. However, such 

a rule is open to differing interpretations across administrations. 

Passing this bill, H.R. 4967, the ‘‘Border Commuter Student Act,’’ would make Congress’s intent clear that such Canadian and Mexican students should be able to obtain student visas and attend U.S. 

schools along our borders. 

H.R. 4967 amends the F and M student categories of the INA to 

expand student visa authorization for nationals of Canada or Mexico who maintain actual residence and place of abode in the country of nationality, whose course of study may be full or part time, 

and who commute to the U.S. institution or place of study from 

Canada or Mexico. 

We urge support of this bill. 

Chairman SENSENBRENNER. Without objection, all Members’ opening statements may be placed in the record at this point. 

Chairman SENSENBRENNER. Are there amendments? There are 

no amendments. The Chair notes—. Mr. GEKAS. Mr. Chairman, we have several documents that we 

wish to enter into the record, without objection. 

Chairman SENSENBRENNER. Without objection, they will be entered. 

[The information follows:]

10


Kelly.eps
11


Gener.eps
12


Filloy1.eps
13


Filloy.eps
14

Chairman SENSENBRENNER. The Chair notes the presence of a 

reporting quorum. The question occurs on the motion to report the 

bill H.R. 4967 favorably. 

Those in favor will say aye. 

Opposed, no. 

The ayes appear to have it. The ayes have it. The motion to report favorably is adopted. 

Without objection, the Chairman is authorized to move to go to 

conference pursuant to House rules. Without objection, the staff is 

directed to make any technical and conforming changes, and all 

Members will be given 2 days as provided by House rules in which 

to submit additional dissenting, supplemental, or minority views.

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