II

106TH CONGRESS

1ST SESSION S. 871

To amend the Immigration and Nationality Act to ensure that veterans

of the United States Armed Forces are eligible for discretionary relief

from detention, deportation, exclusion, and removal, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 22, 1999

Mr. LEAHY 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 ensure

that veterans of the United States Armed Forces are

eligible for discretionary relief from detention, deportation, exclusion, and removal, and for other purposes.

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 ‘‘Fairness to Immigrant

5 Veterans Act of 1999’’.
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1 SEC. 2. ELIGIBILITY OF VETERANS FOR RELEASE FROM DE2 TENTION.

3 (a) IN GENERAL.—Section 236(c)(2) of the Immigra4 tion and Nationality Act (8 U.S.C. 1226(c)(2)) is amend5 ed by inserting after ‘‘such an investigation,’’ the fol6 lowing: ‘‘or if the alien is (A) a veteran (as defined in

7 section 101 of title 38, United States Code) with a dis8 charge characterized as an honorable discharge and who

9 was not discharged on account of alienage, or (B) on ac10 tive duty (other than active duty for training) in the

11 Armed Forces of the United States,’’.

12 (b) EFFECTIVE DATE.—This section shall be effec13 tive as if included in the enactment of section 303(a) of

14 the Illegal Immigration Reform and Immigrant Responsi15 bility Act of 1996 (division C of Public Law 104–208).

16 SEC. 3. ELIGIBILITY OF VETERANS FOR DISCRETIONARY

17 RELIEF.

18 (a) ELIGIBILITY FOR CANCELLATION OF RE19 MOVAL.—Section 240A(a)(3) of the Immigration and Na20 tionality Act (8 U.S.C. 1229b(a)(3)) is amended to read

21 as follows:

22 ‘‘(3)(A) has not been convicted of any aggra23 vated felony; or

24 ‘‘(B) is—

25 ‘‘(i) a veteran (as defined in section 101 of

26 title 38, United States Code) with a discharge
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1 characterized as an honorable discharge and

2 who was not discharged on account of alienage;

3 or

4 ‘‘(ii) on active duty (other than active duty

5 for training) in the Armed Forces of the United

6 States.’’.

7 (b) ELIGIBILITY UNDER TRANSITIONAL RULES.—

8 Section 309(c) of the Illegal Immigration Reform and Im9 migrant Responsibility Act of 1996 (as contained in divi10 sion C of Public Law 104–208; 8 U.S.C. 1101 note) is

11 amended by adding at the end the following:

12 ‘‘(8) TRANSITIONAL RULE FOR VETERANS.—In

13 any case described in paragraph (1), an alien who is

14 (i) a veteran (as defined in section 101 of title 38,

15 United States Code) with a discharge characterized

16 as an honorable discharge and who was not dis17 charged on account of alienage, or (ii) on active duty

18 (other than active duty for training) in the Armed

19 Forces of the United States, shall not be subject to

20 the provisions of the last sentence of section 212(c)

21 of the Immigration and Nationality Act (8 U.S.C.

22 1182(c)).’’.

23 (c) EFFECTIVE DATE.—

24 (1) The amendment made by subsection (a)

25 shall be effective as if included in the enactment of
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1 section 304(a) of the Illegal Immigration Reform

2 and Immigrant Responsibility Act of 1996 (as con3 tained in division C of Public Law 104–208).

4 (2) The amendment made by subsection (b)

5 shall be effective as if included in the enactment of

6 section 309(c) of the Illegal Immigration Reform

7 and Immigrant Responsibility Act of 1996 (as con8 tained in division C of Public Law 104–208).

9 SEC. 4. ELIGIBILITY OF VETERANS FOR JUDICIAL REVIEW.

10 (a) ELIGIBILITY.—Section 242(a)(2)(C) of the Immi11 gration and Nationality Act (8 U.S.C. 1252(a)(2)(C)) is

12 amended by inserting before the period at the end the fol13 lowing: ‘‘, unless the alien is (i) a veteran (as defined in

14 section 101 of title 38, United States Code) with a dis15 charge characterized as an honorable discharge and who

16 was not discharged on account of alienage, or (ii) on active

17 duty (other than active duty for training) in the Armed

18 Forces of the United States’’.

19 (b) ELIGIBILITY UNDER TRANSITION RULES.—Sec20 tion 309(c)(4)(G) of the Illegal Immigration Reform and

21 Immigrant Responsibility Act of 1996 (8 U.S.C. 1101

22 note) is amended by inserting before the period at the end

23 the following: ‘‘, unless the alien is (i) a veteran (as de24 fined in section 101 of title 38, United States Code) with

25 a discharge characterized as an honorable discharge and
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1 who was not discharged on account of alienage, or (ii) on

2 active duty (other than active duty for training) in the

3 Armed Forces of the United States’’.

4 (c) EFFECTIVE DATE.—

5 (1) The amendment made by subsection (a)

6 shall be effective as if included in the enactment of

7 section 306(a)(2) of the Illegal Immigration Reform

8 and Immigrant Responsibility Act of 1996 (as con9 tained in division C of Public Law 104–208).

10 (2) The amendment made by subsection (b)

11 shall be effective as if included in the enactment of

12 section 309(c)(4)(G) of the Illegal Immigration Re13 form and Immigrant Responsibility Act of 1996 (as

14 contained in division C of Public Law 104–208).

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