II

106TH CONGRESS

2D SESSION S. 3120

To amend the Immigration and Nationality Act to modify restrictions added

by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 27 (legislative day, SEPTEMBER 22), 2000

Mr. KENNEDY (for himself, Mr. GRAHAM, Mr. LEAHY, Mr. KERRY, Mr.

WELLSTONE, Mr. DURBIN, 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 modify

restrictions added by the Illegal Immigration Reform and

Immigrant Responsibility Act of 1996.

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 IN ACT.

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

5 ‘‘Immigrant Fairness Restoration Act of 2000’’.

6 (b) REFERENCES IN ACT.—Except as otherwise spe7 cifically provided in this Act, whenever in this Act an

8 amendment or repeal is expressed as an amendment to

9 or a repeal of a provision, the reference shall be deemed
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1 to be made to the Immigration and Nationality Act (8

2 U.S.C. 1101 et seq.).

3 SEC. 2. FINDINGS.

4 Congress makes the following findings:

5 (1) The United States has a time-honored tra6 dition as a Nation of immigrants and a Nation of

7 just laws. Our immigration laws no longer reflect

8 that tradition.

9 (2) Current laws punish legal residents out of

10 proportion to their crimes. Reform is needed to re11 store balance to our immigration system. Funda12 mental principles of fairness in the application of the

13 laws, due process, and judicial review must apply to

14 the foreign born and native born alike.

15 (3) Laws should not be applied retroactively.

16 Fairness and practicality dictate that changes in

17 definitions of crimes that make aliens deportable

18 should only apply to crimes committed after dates of

19 enactment. Immigration policy should not change

20 the rules in the middle of the game.

21 (4) Proportionality and discretion should be re22 stored to our Nation’s immigration laws. We must

23 restore the discretion immigration judges previously

24 had and responsibly exercised to evaluate cases on
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1 an individual basis and grant relief from deportation

2 to deserving families.

3 (5) Detention of individuals is an extraordinary

4 power that should only be used in extraordinary cir5 cumstances. The mandatory detention of immigrants

6 who have paid their debt to society and pose no

7 threat is anathema to the protections of the Con8 stitution’s Due Process Clause.

9 (6) Our judicial system is one of checks and

10 balances and nowhere are these protections more im11 perative than in questions of deportation and incar12 ceration which so fundamentally restrict individual

13 liberties. Judicial review of immigration orders and

14 determinations is necessary to ensure that these

15 most weighty determinations are not made capri16 ciously or erroneously. Immigrants deserve their day

17 in court.

18 SEC. 3. ELIMINATION OF RETROACTIVITY.

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 by adding at the end the fol23 lowing new subsection:

24 ‘‘(p)(1) Notwithstanding any other provision of this

25 section, an alien is not inadmissible by reason of commit-
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1 ting any offense that was not a ground of inadmissibility

2 on the date the offense occurred.

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

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

5 lawfully admitted for permanent residence prior to April

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

7 shall be eligible for the relief available (including any waiv8 er of inadmissibility) at the time the application was

9 filed.’’.

10 (e) PROSPECTIVE EFFECTIVE DATES.—

11 (1) ILLEGAL IMMIGRATION REFORM AND IMMI12 GRANT RESPONSIBILITY ACT.—Notwithstanding any

13 other provision of law, the Illegal Immigration Re14 form and Immigrant Responsibility Act of 1996, and

15 the amendments made by that Act, shall apply only

16 to persons seeking admission, or who became remov17 able, on or after April 1, 1997, as the case may be.

18 (2) ANTITERRORISM AND EFFECTIVE DEATH

19 PENALTY ACT OF 1996.—Notwithstanding any other

20 provision of law, title IV of the Antiterrorism and

21 Effective Death Penalty Act of 1996, and the

22 amendments made by that title, shall only apply to

23 persons seeking admission, or who become remov24 able, on or after April 24, 1996.
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1 (f) REINSTATEMENT OF REMOVAL ORDERS.—Sec2 tion 241(a)(5) (8 U.S.C. 1231(a)(5)) is repealed, and such

3 repeal shall apply to all proceedings pending at any stage

4 as of the date of enactment of this Act and to all cases

5 brought on or after such date.

6 SEC. 4. RESTORATION OF PROPORTIONALITY TO GROUNDS

7 OF REMOVAL.

8 (a) DEFINITION OF CRIMES INVOLVING MORAL TUR9 PITUDE.—Section 237(a)(2)(A)(i) (8 U.S.C.

10 1227(a)(2)(A)(i)) is amended to read as follows:

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

12 alien who is convicted of a crime involving

13 moral turpitude (other than a purely political

14 offense or an attempt to commit such a crime)

15 committed within five years (or 10 years in the

16 case of an alien provided lawful permanent resi17 dence status under section 245(j)) for which the

18 alien is confined in a prison or correctional in19 stitution for more than one year, is deport20 able.’’.

21 (b) DEFINITION OF AGGRAVATED FELONY.—Section

22 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended—

23 (1) in subparagraphs (F), (G), (J), (R), and

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

25 and inserting ‘‘more than five years’’;
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1 (2) by amending subparagraph (N) (8 U.S.C.

2 1101(a)(43)(N)) to read as follows:

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

4 (relating to alien smuggling) for the purpose of com5 mercial advantage.’’;

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

7 1101(a)(43)(P)(ii)), by striking ‘‘child’’ and insert8 ing ‘‘son or daughter’’;

9 (4) in subparagraph (T), by striking ‘‘two

10 years’’ and inserting ‘‘five years’’; and

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

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

13 aggravated felony if the underlying conviction is a

14 misdemeanor or if the sentence imposed is not in ex15 cess of one year.’’.

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

17 subsection (b) shall apply to convictions entered before,

18 on, or after the date of enactment of this Act.

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

20 (8 U.S.C. 1101(a)(48)(A)) is amended—

21 (1) by redesignating clauses (i) and (ii) as sub22 clauses (I) and (II), respectively;

23 (2) by striking ‘‘(48)(A) The term’’ and insert24 ing ‘‘(48)(A)(i) Except as provided in clause (ii), the

25 term’’; and
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1 (3) by adding at the end the following:

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

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

4 or foreign action to expunge, dismiss, cancel, vacate, dis5 charge, or otherwise remove a guilty plea or other record

6 of guilt or conviction, or any Federal, State, or foreign

7 deferred adjudication, adjudication of guilt withheld, order

8 of probation without entry of judgment, or similar disposi9 tion.’’.

10 (e) DEFINITION OF TERM OF IMPRISONMENT.—Sec11 tion 101(a)(48)(B) (8 U.S.C. 1101(a)(48)(B)) is amended

12 to read as follows:

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

14 sentence with respect to an offense is deemed to include

15 the period of incarceration or confinement ordered by a

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

17 imposition or execution of that imprisonment or sentence

18 in whole or in part.’’.

19 (f) CONFORMING AMENDMENTS.—

20 (1) GROUND OF INADMISSIBILITY.—Section

21 212(a)(6)(E) (8 U.S.C. 1182(a)(6)(E)) is

22 amended—

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

24 commercial advantage’’ after ‘‘knowingly’’;

25 (B) by striking clause (ii); and
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1 (C) by redesignating clause (iii) as clause

2 (ii).

3 (2) GROUND OF DEPORTABILITY.—Section

4 237(a)(1)(E) (8 U.S.C. 1227(a)(1)(E)) is

5 amended—

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

7 commercial advantage’’ after ‘‘knowingly’’;

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

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

10 (ii).

11 SEC. 5. RESTORATION OF DISCRETIONARY RELIEF FROM

12 REMOVAL.

13 (a) CANCELLATION OF REMOVAL.—Section 240A(a)

14 (8 U.S.C. 1229b(a)) is amended—

15 (1) by redesignating paragraphs (1) through

16 (3) as subparagraphs (A) through (C), respectively;

17 and

18 (2) by amending subparagraph (C) (as so re19 designated) to read as follows:

20 ‘‘(C) has not been convicted of an aggravated

21 felony for which the sentence imposed is five years

22 or more.’’.

23 (b) REPEAL OF RULE FOR TERMINATION OF CON24 TINUOUS PERIOD.—
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1 (1) Section 240A(d)(1) (8 U.S.C. 1229b(d)(1))

2 (8 U.S.C. 1229b(a)) is repealed.

3 (2) Section 240A(d) (8 U.S.C. 1229b) is

4 amended—

5 (A) by redesignating paragraphs (2) and

6 (3) as paragraphs (1) and (2), respectively; and

7 (B) by inserting before the period at the

8 end of paragraph (1) (as redesignated) the fol9 lowing: ‘‘, unless the alien’s departure from the

10 United States was due to a temporary trip

11 abroad required by emergency or extenuating

12 circumstances outside the control of the alien’’.

13 (c) WAIVER.—Section 212(h) (8 U.S.C. 1182(h)) is

14 amended by striking the third and fourth sentences.

15 (d) RESTORATION OF ELIGIBILITY FOR WITH16 HOLDING OF REMOVAL.—Section 241(b)(3)(B) (8 U.S.C.

17 1231(b)(3)(B)) is amended—

18 (1) by amending clause (ii) to read as follows:

19 ‘‘(ii) the alien—

20 ‘‘(I) has been convicted by final

21 judgment of a particularly serious

22 crime for which the sentence imposed

23 was an aggregate term of imprison24 ment of five years or more; and
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1 ‘‘(II) is a danger to the United

2 States.’’; and

3 (2) by striking the third sentence and inserting

4 at the end the following: ‘‘Notwithstanding this sub5 paragraph, an alien shall be eligible for relief under

6 subparagraph (A) if the Attorney General deter7 mines the alien should not be removed for urgent

8 humanitarian reasons.’’.

9 (e) WAIVER FOR PARENT, SON, OR DAUGHTER.—

10 Section 212(d)(12) (8 U.S.C. 1182(d)(12)) is amended by

11 striking ‘‘or child’’ and inserting ‘‘, parent, son, or daugh12 ter’’.

13 (f) WAIVER OF INADMISSIBILITY UNDER SECTION

14 212(i).—

15 (1) IN GENERAL.—Section 212(i) (8 U.S.C.

16 1182(i)) is amended to read as follows:

17 ‘‘(i) The Attorney General may, in the discretion of

18 the Attorney General, waive the application of subsection

19 (a)(6) (A), (B), or (C) in the case of an immigrant who

20 is the parent, spouse, son, or daughter of a United States

21 citizen or of an alien lawfully admitted for permanent resi22 dence if it is established to the satisfaction of the Attorney

23 General that the refusal of admission to the United States

24 of such immigrant alien would result in hardship to the
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1 alien or to the citizen or lawfully resident parent, spouse,

2 son, or daughter of such an alien.’’.

3 (2) CONFORMING AMENDMENT.—Section

4 212(a)(6) (8 U.S.C. 1182(a)(6)) is amended by add5 ing at the end the following new subparagraph:

6 ‘‘(H) For provision authorizing waiver of

7 certain subparagraphs of this paragraph, see

8 subsection (i).’’.

9 SEC. 6. JUDICIAL REVIEW OF CERTAIN ORDERS AND DE10 TERMINATIONS.

11 (a) REPEALS.—The following provisions of the Act

12 are hereby repealed and such repeal shall apply to all cases

13 pending at any stage in any court as of the date of enact14 ment of this Act and to all cases brought on or after such

15 date:

16 (1) Section 242(a)(2) (8 U.S.C. 1252(a)(2)).

17 (2) Section 242(a)(3) (8 U.S.C. 1252(a)(3)).

18 (3) Section 242(b)(4) (8 U.S.C. 1252(b)(4)).

19 (4) Section 242(b)(7) (8 U.S.C. 1252(b)(7)).

20 (5) Subsections (e), (f), and (g) of section 242

21 (8 U.S.C. 1252).

22 (6) Section 240(b)(5)(D) (8 U.S.C.

23 1229a(b)(5)(D)).

24 (7) Section 240B(f) (8 U.S.C. 1229c(f)).

25 (8) Section 208(a)(3) (8 U.S.C. 1158(a)(3)).
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1 (9) Section 208(b)(2)(D) (8 U.S.C.

2 1158(b)(2)(D)).

3 (10) Section 208(d)(7) (8 U.S.C. 1158(d)(7)).

4 (b) AMENDMENTS RELATING TO JUDICIAL RE5 VIEW.—

6 (1) IN GENERAL.—(A) Section 242(a)(1) (8

7 U.S.C. 1252(a)(1)) is amended—

8 (i) by striking ‘‘(other than an order of re9 moval without a hearing pursuant to section

10 235(b)(1))’’; and

11 (ii) by striking ‘‘and except that the court

12 may not order the taking of additional evidence

13 under section 2347(c) of such title’’.

14 (B) Section 242(b)(2) (8 U.S.C. 1252(b)(2)) is

15 amended in the first sentence by striking ‘‘judge

16 completed the proceedings’’ and inserting ‘‘pro17 ceedings were conducted in whole or in part, or in

18 the judicial circuit in which lies the residence of the

19 petitioner as defined in this Act, but not in more

20 than one judicial circuit’’.

21 (C) Section 242(b)(3)(B) (8 U.S.C.

22 1252(b)(3)(B)) is amended—

23 (i) by striking ‘‘does not’’ and inserting

24 ‘‘shall’’; and
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1 (ii) by striking ‘‘, unless the court orders

2 otherwise’’.

3 (D) Section 242(b)(9) (8 U.S.C. 1252(b)(9)) is

4 amended by striking ‘‘any action taken or pro5 ceeding brought to remove an alien from the United

6 States’’ and inserting ‘‘a challenge to a final admin7 istrative order of removal’’.

8 (E) Sections 212(d)(12) (8 U.S.C.

9 1182(d)(12)), 212(h) (8 U.S.C. 1182(h)),

10 237(a)(3)(C)(ii) (8 U.S.C. 1227(a)(3)(C)(ii)), and

11 240B(e) (8 U.S.C. 1229c(e)) are amended by strik12 ing the last sentence of each.

13 (F) Section 279 (8 U.S.C. 1329) is amended—

14 (i) by striking ‘‘brought by the United

15 States that arise under’’ and inserting ‘‘arising

16 under any’’; and

17 (ii) by striking the last sentence.

18 (G) Section 245A(f)(4)(A) (8 U.S.C.

19 1255a(f)(4)(A)) is amended by striking ‘‘106’’ and

20 inserting ‘‘242’’.

21 (2) APPLICATION OF THE AMENDMENTS.—The

22 amendments made by paragraph (1) shall apply to

23 all cases pending at any stage in any court as of the

24 date of enactment.
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1 (c) REPEALS OF TRANSITIONAL CHANGES IN JUDI2 CIAL REVIEW.—Subparagraphs (B), (E), (F), and (G) of

3 section 309(c)(4) of the Illegal Immigration Reform and

4 Immigrant Responsibility Act of 1996 (Division C of Pub5 lic Law 104–208) are hereby repealed, and such repeal

6 shall apply to all cases pending at any stage in any court

7 as of the date of enactment of this Act and to all cases

8 brought on or after such date.

9 (d) REPEALS OF OTHER CHANGES IN JUDICIAL RE10 VIEW.—(1)(A) Section 245A(f)(4) of the Immigration and

11 Nationality Act (8 U.S.C. 1255a(f)(4)) is amended by

12 striking subparagraph (C).

13 (2) The amendment made by subsection (a) shall be

14 effective as if included in the enactment of section 201

15 of the Immigration Reform and Control Act of 1986 (Pub16 lic Law 99–603; 100 Stat. 3394) and shall apply to all

17 cases pending at any stage in any court as of the date

18 of enactment of this Act.

19 (e) INSPECTION DETERMINATIONS.—Section

20 235(b)(1) (8 U.S.C. 1225(b)(1)) is amended by striking

21 ‘‘without further hearing or review’’ each of the two places

22 it appears.

23 (f) CONFORMING AMENDMENTS.—
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1 (1) The section heading of section 242 (8

2 U.S.C. 1252) is amended by striking ‘‘OF ORDERS

3 OF REMOVAL’’.

4 (2) The table of contents of the Act is amended

5 by striking the item relating to section 242 and in6 serting the following:

‘‘Sec. 242. Judicial review.’’.

7 (g) CLARIFICATION OF JUDICIAL REVIEW.—Section

8 242(b) (8 U.S.C. 1252(b)) is amended by adding at the

9 end the following new paragraphs:

10 ‘‘(10) JURISDICTION TO REVIEW OTHER THAN

11 A FINAL ADMINISTRATIVE REMOVAL ORDER.—The

12 district courts shall have jurisdiction by habeas cor13 pus or otherwise to review all matters not encom14 passed within a final administrative order of removal

15 reviewable by petition for review under this section.

16 ‘‘(11) IN-CUSTODY HABEAS CORPUS.—Any alien

17 held in custody pursuant to an order of removal may

18 obtain judicial review by habeas corpus

19 proceedings—

20 ‘‘(A) of any matter that was not required

21 to have been or could not have been brought by

22 petition for review pursuant to this section; or

23 ‘‘(B) if the remedy provided by petition for

24 review pursuant to this section was inad25 equate.’’.
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1 SEC. 7. DETENTION.

2 (a) DETENTION.—Section 236(c) (8 U.S.C. 1226(c))

3 is amended—

4 (1) in paragraph (1), by striking ‘‘Attorney

5 General shall’’ and inserting ‘‘Attorney General

6 may’’; and

7 (2) by amending paragraph (2) to read as fol8 lows:

9 ‘‘(2) RELEASE.—The Attorney General shall re10 lease any alien described in paragraph (1) if the

11 alien satisfies the Attorney General that the alien

12 will not pose a danger to the safety of other persons

13 or of property and is likely to appear for any sched14 uled proceeding. All custody, bond, and parole deter15 minations shall be reviewable by an immigration

16 judge and subject to administrative appeal.’’.

17 (b) HABEAS CORPUS REVIEW OF DETENTION.—Sec18 tion 236(e) (8 U.S.C. 1226(e)) is amended to read as fol19 lows:

20 ‘‘(e) HABEAS CORPUS CHALLENGE TO DETENTION

21 DETERMINATIONS.—Any person may challenge by a writ

22 of habeas corpus his detention by the Attorney General,

23 including any determination regarding the grant, revoca24 tion, denial, or condition of bond or parole.’’.
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1 (c) DETENTION OF ALIENS NOT SUBJECT TO IMME2 DIATE REMOVAL.—Section 241(a) (8 U.S.C. 1231(a)) is

3 amended—

4 (1) by redesignating paragraph (6) as para5 graph (6)(A);

6 (2) in paragraph (6)(A) (as redesignated), by

7 inserting ‘‘for a reasonable period of time, not to ex8 ceed 9 months following the removal period, to allow

9 for ongoing negotiations to effect such removal’’

10 after ‘‘removal period’’; and

11 (3) by adding at the end of paragraph (6)(A)

12 (as redesignated) the following:

13 ‘‘(B) Upon conclusion of the removal period

14 and every 90 days thereafter, the Attorney General

15 shall review whether continued detention of the alien

16 is authorized under subsection (a).

17 ‘‘(C) Determinations under this subparagraph

18 shall be subject to de nova review by an immigration

19 judge and administrative appeal. In such review, it

20 shall be the Attorney General’s burden to prove that

21 continued detention is authorized under subsection

22 (a).’’.

23 (d) LIMITATION.—Section 241 (8 U.S.C. 1231) is

24 amended by adding at the end the following:
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1 ‘‘(j) Notwithstanding any other provision of this sec2 tion, including subsection (a)(2), the Attorney General

3 may not detain an alien who is able to demonstrate to

4 the Attorney General that—

5 ‘‘(1) the alien is not a risk to the community

6 and is likely to comply with the order of removal;

7 and

8 ‘‘(2) removal of the alien cannot be effectuated

9 within the period specified in section 241(a)(6)(A).

10 The determination by the Attorney General shall be sub11 ject to de nova review by an immigration judge and admin12 istrative appeal.’’.

13 (e) ORDERS OF SUPERVISION.—Section 241(a)(3) (8

14 U.S.C. 1231(a)(3)) is amended by adding at the end the

15 following new sentence: ‘‘Such determinations and orders

16 of supervision shall be subject to de nova review by an

17 immigration judge and administrative appeal.’’.

18 SEC. 8. RIGHT TO COUNSEL.

19 Section 292 (8 U.S.C. 1362) is amended to read as

20 follows: ‘‘In any bond, custody, detention, or removal pro21 ceedings before the Attorney General and in any appeal

22 proceedings before the Attorney General from any such

23 proceedings, the person concerned shall have the privilege

24 of being represented by such counsel, authorized to prac25 tice in such proceedings, as he shall choose. With consent
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1 of their clients, counsel may enter appearances limited to

2 bond, custody, or other specific proceedings.’’.

3 SEC. 9. ABSENCES OUTSIDE THE CONTROL OF THE ALIEN.

4 Section 101(a)(13)(C) (8 U.S.C. 1101(a)(13(C)) is

5 amended—

6 (1) by amending clause (ii) to read as follows:

7 ‘‘(ii) has been absent from the United

8 States for a continuous period in excess of

9 one year unless the alien’s return was im10 peded by emergency or extenuating cir11 cumstances outside the control of the

12 alien,’’; and

13 (2) by striking clauses (iv) and (v).

14 SEC. 10. APPLICANTS FOR ADMISSION.

15 (a) INSPECTIONS GENERALLY.—Section 235(a) (8

16 U.S.C. 1225(a)) is amended—

17 (1) by striking paragraph (1); and

18 (2) by redesignating paragraphs (2), (3), (4),

19 and (5) as paragraphs (1), (2), (3), and (4), respec20 tively.

21 (b) SCREENINGS.—Section 235(b)(1)(A) (8 U.S.C.

22 1225(b)(1)(A)) is amended by striking clause (iii).

23 SEC. 11. STATUTORY CONSTRUCTION.

24 Nothing in this Act may be construed to make any

25 alien ineligible for any relief from removal or other benefit
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1 under this Act to which he or she was eligible before enact2 ment of this Act.

3 SEC. 12. REPEALS.

4 (a) CHALLENGES TO DEPORTATION ORDERS.—Sec5 tion 276(d) (8 U.S.C. 1326(d)) is repealed and such repeal

6 shall apply to all cases pending at any stage in any court

7 as of the date of enactment of this Act and to all cases

8 brought on or after such date.

9 (b) COLLATERAL ATTACKS.—Section 235(b)(1)(D) is

10 repealed, and such repeal shall apply to all cases pending

11 at any stage in any court as of the date of enactment of

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

13 SEC. 13. REMOVAL OF ALIENS WHO ARE NOT PERMANENT

14 RESIDENTS AND WHO HAVE NO RELIEF FROM

15 REMOVAL.

16 (a) ELIGIBILITY FOR RELIEF FROM REMOVAL.—

17 Section 238(b)(5) (8 U.S.C. 1228(b)(5)) is repealed, and

18 such repeal shall apply to all proceedings pending at any

19 stage as of the date of enactment of this Act and to all

20 cases brought on or after such date.

21 (b) REQUIREMENTS FOR DETERMINATIONS OF DE22 PORTABILITY AND ORDERS OF REMOVAL.—Section

23 238(b)(2) (8 U.S.C. 1228(b)(2)) is amended—

24 (1) by striking ‘‘or’’ at the end of subparagraph

25 (A);
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1 (2) by striking the period at the end of sub2 paragraph (B) and inserting ‘‘; or’’; and

3 (3) by adding at the end the following new sub4 paragraph:

5 ‘‘(C) is not eligible for any relief from re6 moval.’’.

7 SEC. 14. REPEAL OF GROUND OF INADMISSIBILITY.

8 Section 212(a)(9)(B) (8 U.S.C. 1182(a)(9)(B)) is re9 pealed.

10 SEC. 15. REOPENING OF CERTAIN PROCEEDINGS AND PA11 ROLE OF CERTAIN PREVIOUSLY REMOVED

12 ALIENS.

13 (a) IN GENERAL.—The Attorney General shall estab14 lish a process by which an alien described in subsection

15 (b) may apply for reopening a proceeding so as to seek

16 relief from exclusion, deportation, or removal under sec17 tion 212(c), as such section was in effect prior to the en18 actment of the Antiterrorism and Effective Death Penalty

19 Act, or section 240A, as amended by this Act.

20 (b) ALIEN DESCRIBED.—An alien referred to in sub21 section (a) is an alien who received a final order of exclu22 sion, deportation, or removal, or a decision on a petition

23 for review or petition for habeas corpus on or after the

24 effective date of the Antiterrorism and Effective Death

25 Penalty Act and who would have been eligible for relief
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1 from exclusion, deportation, or removal under the amend2 ments made by this Act.

3 (c) PAROLE.—The Attorney General may exercise the

4 parole authority under section 212(d)(5)(A) of the Immi5 gration and Nationality Act (8 U.S.C. 1182(d)(5)(A)) for

6 the purpose of permitting aliens excluded, deported, or re7 moved from the United States to participate in the process

8 established under subsection (a), if the alien establishes

9 prima facie eligibility for the relief.

10 (d) JUDICIAL REVIEW.—A judgment regarding the

11 granting or denial of relief under this section shall be sub12 ject to judicial review in accordance with the appropriate

13 section of the Immigration and Nationality Act.

14 SEC. 16. STATUTORY CONSTRUCTION.

15 In the case of an alien who is eligible for relief under

16 section 212(c) of the Immigration and Nationality Act (as

17 in effect before the enactment of section 440(d) of the

18 Antiterrorism and Effective Death Penalty Act of 1996)

19 (Public Law 104–132; 110 Stat. 1277), nothing in this

20 Act shall be construed to modify such eligibility.

21 SEC. 17. AUTHORITY OF THE ATTORNEY GENERAL.

22 Notwithstanding any other provision of law, nothing

23 in this Act shall be construed to diminish the authority

24 of the Attorney General to exercise discretion in appro25 priate cases involving urgent humanitarian reasons, a sig-
24

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1 nificant public benefit (including ensuring family unity),

2 or other sufficiently compelling reasons.

Æ