I 

109TH CONGRESS 

1ST SESSION H. R. 2367 

To amend the Immigration and Nationality Act to permit certain Mexican 

children, and accompanying adults, to obtain a waiver of the documentation requirements otherwise required to enter the United States as a 

temporary visitor. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 16, 2005 

Mr. FILNER (for himself, Mr. GRIJALVA, Mr. GONZALEZ, Mr. REYES, Mr. 

HINOJOSA, and Mrs. NAPOLITANO) introduced the following bill; which 

was referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to permit 

certain Mexican children, and accompanying adults, to 

obtain a waiver of the documentation requirements otherwise required to enter the United States as a temporary 

visitor. 

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 ‘‘Visitors Interested in 

5 Strengthening America (VISA) Act of 2005’’. 
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1 SEC. 2. WAIVER OF DOCUMENTARY REQUIREMENTS FOR 

2 CERTAIN NONIMMIGRANT CHILDREN AND 

3 ACCOMPANYING ADULTS. 

4 Section 212(d)(4) of the Immigration and Nationality 

5 Act (8 U.S.C. 1182(d)(4)) is amended— 

6 (1) by striking ‘‘(4)’’ and inserting ‘‘(4)(A)’’; 

7 (2) by redesignating subparagraphs (A), (B), 

8 and (C) as clauses (i), (ii), and (iii), respectively; 

9 and 

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

11 ‘‘(B)(i) Upon application by an alien who is citizen 

12 or national of Mexico, and who is applying for admission 

13 as a visitor under section 101(a)(15)(B) from Mexico, the 

14 Department of Homeland Security official in charge at a 

15 port of entry may, in the exercise of his or her discretion, 

16 on a case-by-case basis, waive either or both of the docu17 mentary requirements of section 212(a)(7)(B)(i), if satis18 fied that the alien is in possession of proper identification, 

19 as provided under clause (ii), and— 

20 ‘‘(I) is a child coming for a regular medical ap21 pointment (as evidenced by proof such as a letter 

22 from the medical professional concerned), or is the 

23 parent (or other adult chaperone) accompanying 

24 such a child, except that the number of adults ad25 mitted under this subclause shall not exceed one per 

26 child; 
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1 ‘‘(II) is a child coming with a student group to 

2 participate in an educational or cultural event (such 

3 as an athletic or academic event, a concert or other 

4 artistic performance, or a visit to a recreational, 

5 touristic, or historical site) for not more than 1 day 

6 (as evidenced by proof such as a letter of invitation 

7 issued to the group), or is an adult chaperone, such 

8 as a teacher, coach, or parent, accompanying such a 

9 group, except that the number of chaperones admit10 ted under this subclause shall not exceed that suffi11 cient to supervise the group involved; or 

12 ‘‘(III) is a child coming to participate in a spe13 cial community event that traditionally has been at14 tended by individuals from both sides of the border 

15 (as evidenced by proof such as a public letter of invi16 tation issued by the community concerned), or is a 

17 parent or other adult relative accompanying such a 

18 child. 

19 ‘‘(ii)(I) For purposes of this subparagraph, in the 

20 case of a child, proper identification shall include a pass21 port, birth certificate, or other proof of citizenship or na22 tionality. 

23 ‘‘(II) In the case of an adult, proper identification 

24 shall include a passport, birth certificate, or other proof 

25 of citizenship or nationality, and a government-issued 
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1 driver’s license, or similar document issued for the purpose 

2 of identification, that contains personal identifying infor3 mation and a photograph. 

4 ‘‘(iii) For purposes of this subparagraph— 

5 ‘‘(I) the term ‘child’ means an unmarried per6 son under 16 years of age; and 

7 ‘‘(II) the term ‘adult’ means any person who is 

8 not a child.’’. 

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