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[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1265 Introduced in Senate (IS)]

107th CONGRESS
  1st Session
                                S. 1265

 To amend the Immigration and Nationality Act to require the Attorney 
 General to cancel the removal and adjust the status of certain aliens 
           who were brought to the United States as children.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2001

     Mr. Durbin (for himself, Mr. Kennedy, Mr. Reid, Mr. Dodd, Mr. 
  Wellstone, Mr. Corzine, and Mr. Feingold) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL

 
 To amend the Immigration and Nationality Act to require the Attorney 
 General to cancel the removal and adjust the status of certain aliens 
           who were brought to the United States as children.

    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 ``Children's Adjustment, Relief, and 
Education Act'' or the ``CARE Act''.

SEC. 2. DEFINITION.

    In this Act, the term ``secondary school student'' means a student 
enrolled in any of the grades 7 through 12.

SEC. 3. STATE FLEXIBILITY IN PROVIDING IN-STATE TUITION FOR COLLEGE-AGE 
              ALIEN CHILDREN.

    (a) In General.--Section 505 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Public Law 104-208; division C; 
110 Stat. 3009-672) (8 U.S.C. 1623) is hereby repealed.
    (b) Effective Date.--The repeal made by this section to the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 shall take 
effect as if included in the enactment of such Act.

SEC. 4. -CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR CERTAIN 
              ALIEN CHILDREN.

    (a) In General.--Section 240A of the Immigration and Nationality 
Act (8 U.S.C. 1229b) is amended--
            (1) in subsection (b), by inserting at the end the 
        following new paragraph:
            ``(5) Special rule for residents brought to the united 
        states as children.--
                    ``(A) Authority.--Subject to the restrictions in 
                subparagraph (B), the Attorney General 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 applies for relief under this paragraph 
                and demonstrates that on the date of application for 
                such relief--
                            ``(i) the alien had not attained the age of 
                        21;
                            ``(ii) the alien had 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 had been a person of good 
                        moral character during the five-year period 
                        preceding the application; and
                            ``(iv) the alien--
                                    ``(I) was a secondary school 
                                student in the United States;
                                    ``(II) was attending 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); or
                                    ``(III) with respect to whom the 
                                registrar of such an institution of 
                                higher education in the United States 
                                had certified that the alien had 
                                applied for admission, met the minimum 
                                standards for admission, and was being 
                                considered for admission.
                    ``(B) Restrictions on authority.--Subparagraph (A) 
                does not apply to--
                            ``(i) an alien who is inadmissible under 
                        section 212(a)(2)(A)(i)(I), or is deportable 
                        under section 237(a)(2)(A)(i), unless the 
                        Attorney General 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; or
                            ``(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).''; 
                        and
            (2) in subsection (d)(1)(A), by inserting ``or (5)'' after 
        ``subsection (b)(2)''.
    (b) Exemption From Numerical Limitations.--Section 240A of the 
Immigration and Nationality Act (8 U.S.C. 1229b), as amended by this 
Act, is further amended in subsection (e)(3) by adding at the end the 
following new subparagraph:
                    ``(C) Aliens described in subsection (b)(5).''.
    (c) Application of Provisions.--For the purpose of applying section 
240A(b)(5)(A) of the Immigration and Nationality Act (as added by 
subsection (a))--
            (1) an individual shall be deemed to have met the 
        qualifications of clause (i) of such section 240A(b)(5)(A) if 
        the individual--
                    (A) had not attained the age of 21 prior to the 
                date of enactment of this Act; and
                    (B) applies for relief under this section within 
                120 days of the effective date of regulations 
                implementing this section; and
            (2) an individual shall be deemed to have met the 
        requirements of clauses (i), (ii), and (iv) of such section 
        240A(b)(5)(A) if--
                    (A) the individual would have met such requirements 
                at any time during the four-year period immediately 
                preceding the date of enactment of this Act; and
                    (B) the individual has graduated from, or is on the 
                date of application for relief under such section 
                240A(b)(5) enrolled in, an institution of higher 
                education in the United States (as defined in clause 
                (iv) of such section 240A(b)(5)(A)).
    (d) Confidentiality of Information.--
            (1) Prohibition.--Neither the Attorney General, nor any 
        other official or employee of the Department of Justice may--
                    (A) use the information furnished by the applicant 
                pursuant to an application filed under section 
                240A(b)(5) of the Immigration and Nationality Act (as 
                added by this Act) for any purpose other than to make a 
                determination on the application;
                    (B) make any publication whereby the information 
                furnished by any particular individual can be 
                identified; or
                    (C) permit anyone other than the sworn officers and 
                employees of the Department or, with respect to 
                applications filed under such section 240A(b)(5) with a 
                designated entity, that designated entity, to examine 
                individual applications.
            (2) Penalty.--Whoever knowingly uses, publishes, or permits 
        information to be examined in violation of this subsection 
        shall be fined not more than $10,000.
    (e) Regulations.--
            (1) Proposed regulation.--Not later than 60 days after the 
        date of enactment of this Act, the Attorney General shall 
        publish proposed regulations implementing this section.
            (2) Interim, final regulations.--Not later than 120 days 
        after the date of enactment of this Act, the Attorney General 
        shall publish final regulations implementing this section. Such 
        regulations shall be effective immediately on an interim basis, 
        but shall be subject to change and revision after public notice 
        and opportunity for a period of public comment.
            (3) Elements of regulations.--In promulgating regulations 
        described in paragraphs (1) and (2), the Attorney General shall 
        do the following:
                    (A) Application for relief.--Establish a procedure 
                allowing eligible individuals to apply affirmatively 
                for the relief available under section 240A(b)(5) of 
                the Immigration and Nationality Act (as added by this 
                Act) without being placed in removal proceedings.
                    (B) Continuous presence.--Ensure that an alien 
                shall not be considered to have failed to maintain 
                continuous physical presence in the United States for 
                purposes of section 240A(b)(5)(ii) of the Immigration 
                and Nationality Act (as added by this Act) by virtue of 
                brief, casual, and innocent absences from the United 
                States.
    (f) Conforming Amendment.--Section 240A(b) of the Immigration and 
Nationality Act (8 U.S.C. 1229b(b)), as amended by this Act, is further 
amended in paragraph (4) by striking ``paragraph (1) or (2)'' each 
place it occurs and inserting ``paragraph (1), (2), or (5)''.

SEC. 5. ELIGIBILITY OF CANCELLATION APPLICANTS FOR EDUCATIONAL 
              ASSISTANCE.

    (a) Qualified Aliens.--Section 431 of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)) is 
amended by adding at the end the following new paragraph:
            ``(8) for purposes of determining eligibility for 
        postsecondary educational assistance, including grants, 
        scholarships, and loans, an alien with respect to whom an 
        application has been filed for relief under section 240A(b)(5) 
        of the Immigration and Nationality Act, but whose application 
        has not been finally adjudicated.''.
    (b) Effective Date.--The amendment made by this section shall apply 
as if enacted on August 22, 1996.
                                 <all>
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