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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1485 Introduced in House (IH)]

106th CONGRESS
  1st Session
                                H. R. 1485

     To permit certain long-term permanent resident aliens to seek 
    cancellation of removal or waiver of inadmissibility under the 
        Immigration and Nationality Act, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 20, 1999

 Mr. Frank of Massachusetts (for himself, Mr. Frost, Mr. Diaz-Balart, 
 Mr. Bentsen, Mr. Delahunt, Mr. Deutsch, Mr. Filner, Mr. Gonzalez, Mr. 
Green of Texas, Mr. Gutierrez, Mr. Hall of Texas, Mr. Lampson, Ms. Lee, 
Mr. Hinchey, Mr. Hinojosa, Ms. Jackson-Lee of Texas, Ms. Eddie Bernice 
Johnson of Texas, Mrs. Maloney of New York, Mr. Martinez, Mr. McGovern, 
   Mrs. Meek of Florida, Mr. Menendez, Mrs. Morella, Mr. Ortiz, Mr. 
Pastor, Mr. Reyes, Mr. Rodriguez, Ms. Ros-Lehtinen, Ms. Roybal-Allard, 
   Mr. Shays, and Mr. Wynn) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
     To permit certain long-term permanent resident aliens to seek 
    cancellation of removal or waiver of inadmissibility under the 
        Immigration and Nationality Act, and for other purposes.

    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 ``Family Reunification Act of 1999''.

SEC. 2. LIMITING THE DISQUALIFICATION, BASED ON COMMISSION OF AN 
              AGGRAVATED FELONY, FROM CANCELLATION OF REMOVAL FOR 
              CERTAIN LONG-TERM PERMANENT RESIDENT ALIENS.

    (a) Cancellation of Removal for Certain Permanent Residents.--
Section 240A(a) of the Immigration and Nationality Act (8 U.S.C. 
1229b(a)) is amended to read as follows:
    ``(a) Cancellation of Removal for Certain Permanent Residents.--
            ``(1) In general.--The Attorney General may cancel removal 
        in the case of an alien who is inadmissible or deportable from 
        the United States, if the alien--
                    ``(A) has been an alien lawfully admitted for 
                permanent residence for not less than 5 years;
                    ``(B) has resided in the United States continuously 
                for 7 years after having been admitted in any status; 
                and
                    ``(C) has not been convicted of--
                            ``(i) an aggravated felony or felonies for 
                        which the alien has been sentenced, in the 
                        aggregate, to a term of imprisonment of 5 years 
                        or more; or
                            ``(ii) in the case of sentencing imposed 
                        under a system of indeterminate sentencing (as 
                        defined in section 20101 of the Violent Crime 
                        Control and Law Enforcement Act of 1994 (42 
                        U.S.C. 13701)), an aggravated felony or 
                        felonies for which--
                                    ``(I) the midpoint of the statutory 
                                range of sentence applicable to the 
                                felony or felonies is, in the 
                                aggregate, 5 years or more; or
                                    ``(II) the alien has served, in the 
                                aggregate, a term of imprisonment of 5 
                                years or more.
            ``(2) No danger to persons or property.--In the case of an 
        alien convicted of an aggravated felony involving violence, the 
        Attorney General may exercise the discretion described in 
        paragraph (1) only after making a written determination that 
        the action poses no danger to the safety of persons or 
        property.
            ``(3) Definition of aggravated felony.--For purposes of 
        this subsection (and any other determination under this Act 
        made solely with respect to an alien whose removal is canceled 
        under this subsection)--
                    ``(A) subparagraphs (F) and (G) of section 
                101(a)(43) shall be applied as if the amendment in 
                section 321(a)(3) of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (Public Law 104-
                208; 110 Stat. 3009-627) had not been made; and
                    ``(B) section 101(a)(43)(N) shall be applied by 
                striking ``spouse,'' through ``individual)'' and 
                inserting ``immediate family''.
            ``(4) Definition of term of imprisonment.--For purposes of 
        this subsection (and any other determination under this Act 
        made solely with respect to an alien whose removal is canceled 
        under this subsection), section 101(a)(48)(B) shall be applied 
        so as to exclude from the time periods defined in the section 
        any period of suspension of the imposition or execution of a 
        term of imprisonment or a sentence in whole or in part.
            ``(5) Period of continuous residence.--
                    ``(A) Suspension of period.--For purposes of this 
                subsection and subsection (d)(1) (and any other 
                determination under this Act made solely with respect 
                to an alien whose removal is canceled under this 
                subsection), section 237(a)(2)(A)(i)(II) shall be 
                applied by striking `may be' and inserting `is'.
                    ``(B) Continuation of period upon satisfaction of 
                conditions.--
                            ``(i) Continuation.--
                                    ``(I) In general.--In the case of 
                                an alien otherwise eligible for 
                                cancellation of removal under this 
                                subsection, any period of continuous 
                                residence that is deemed to end under 
                                subsection (d)(1) upon the commission 
                                of an offense described in clause (ii) 
                                shall be deemed, for purposes of this 
                                subsection, to continue upon the 
                                occurrence of the latest of the 
                                following events (to the extent 
                                applicable to the offense):
                                            ``(aa) The completion of 
                                        any term of imprisonment 
                                        imposed for the offense.
                                            ``(bb) The commencement of 
                                        any term of probation imposed 
                                        for the offense (but only to 
                                        the extent such probation is 
                                        completed without a probation 
                                        violation).
                                            ``(cc) The payment of any 
                                        fine imposed for the offense.
                                    ``(II) No break in residence.--Such 
                                termination and recommencement shall 
                                not be construed to cause a break in 
                                the continuity of residence, which 
                                shall be calculated taking into account 
                                any period before such termination and 
                                any period after such recommencement.
                            ``(ii) Offenses described.--An offense 
                        described in this clause is--
                                    ``(I) any aggravated felony that is 
                                not described in paragraph (1)(C); or
                                    ``(II) any other crime that renders 
                                the alien removable from the United 
                                States under subparagraph (A) or (B) of 
                                section 237(a)(2) (including 
                                subparagraph (A)(i) of such section, as 
                                modified by subparagraph (A) of this 
                                paragraph).
            ``(6) Release from detention pending decision.--
        Notwithstanding section 236(c)(2), the Attorney General may 
        release an alien applying for cancellation of removal under 
        this subsection, pending a decision on whether the alien is to 
        be removed from the United States, if the alien demonstrates to 
        the satisfaction of the Attorney General that the alien is not 
        a threat to the community and is likely to appear for any 
        scheduled proceeding. A decision relating to such release shall 
        be made in accordance with a procedure that considers the 
        severity of the offense committed by the alien.
            ``(7) Judicial review.--Notwithstanding paragraph (2) of 
        section 242(a), a judgment regarding the granting or denial of 
        relief under this subsection shall be subject to judicial 
        review under section 242 (and the provisions of such paragraph 
        (2) shall not apply).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the enactment of section 304 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(Public Law 104-208; 110 Stat. 3009-587).
    (c) Application for Relief.--
            (1) In general.--Notwithstanding section 240(c)(6) of the 
        Immigration and Nationality Act (8 U.S.C. 1229a(c)(6)) or any 
        other limitation imposed by law on motions to reopen removal 
        proceedings, the Attorney General shall establish a process 
        (whether through permitting the reopening of a removal 
        proceeding or otherwise) under which an alien who--
                    (A) is (or was) in removal proceedings before the 
                date of the enactment of this Act (whether or not the 
                alien has been removed as of such date); and
                    (B) has become eligible for cancellation of removal 
                as a result of the amendment made by subsection (a);
        may apply (or reapply) for cancellation of removal and release 
        from detention under section 240A(a) of the Immigration and 
        Nationality Act, as amended by such subsection.
            (2) Parole.--The Attorney General should exercise the 
        parole authority under section 212(d)(5)(A) of the Immigration 
        and Nationality Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of 
        permitting aliens removed from the United States to participate 
        in the process established under paragraph (1).

SEC. 3. APPLICATION FOR DISCRETIONARY WAIVER OF INADMISSIBILITY FOR 
              CERTAIN LONG-TERM PERMANENT RESIDENT ALIENS.

    (a) In General.--The Attorney General shall establish a process 
(whether through permitting the reopening of a proceeding described in 
subsection (b) or otherwise) under which an alien described in 
subsection (b) may request the Attorney General to exercise the 
discretion granted under section 212(c) of the Immigration and 
Nationality Act (as in effect on March 31, 1997, before its repeal by 
section 304(b) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (110 Stat. 3009-597)) as if--
            (1) such section 212(c) had been amended--
                    (A) by striking ``(c)'' and inserting ``(c)(1)'';
                    (B) in the first sentence--
                            (i) by inserting ``for not less than 5 
                        years'' after ``lawfully admitted for permanent 
                        residence''; and
                            (ii) by striking ``who are returning to a 
                        lawful unrelinquished domicile of seven 
                        consecutive year'' and inserting ``who have 
                        resided in the United States continuously for 7 
                        years after having been admitted in any 
                        status''; and
                    (C) by striking the last sentence and adding at the 
                end the following:
    ``(2) Paragraph (1) shall not apply to an alien who has been 
convicted of--
            ``(A) an aggravated felony or felonies for which the alien 
        has been sentenced, in the aggregate, to a term of imprisonment 
        of 5 years or more; or
            ``(B) in the case of sentencing imposed under a system of 
        indeterminate sentencing (as defined in section 20101 of the 
        Violent Crime Control and Law Enforcement Act of 1994 (42 
        U.S.C. 13701)), an aggravated felony or felonies for which--
                    ``(i) the midpoint of the statutory range of 
                sentence applicable to the felony or felonies is, in 
                the aggregate, 5 years or more; or
                    ``(ii) the alien has served, in the aggregate, a 
                term of imprisonment of 5 years or more.'';
            (2) the amendment in section 321(a)(3) of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 
        (110 Stat. 3009-627) to subparagraphs (F) and (G) of section 
        101(a)(43) of the Immigration and Nationality Act had not been 
        made;
            (3) section 321(a)(8) of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (110 Stat. 3009-628) had 
        amended section 101(a)(43)(N) of the Immigration and 
        Nationality Act by striking ``for which the term'' and all that 
        follows and inserting the following: ``, except in the case of 
        a first offense for which the alien has affirmatively shown 
        that the alien committed the offense for the purpose of 
        assisting, abetting, or aiding only the alien's immediate 
        family to violate a provision of this Act;''; and
            (4) section 101(a)(48)(B) of the Immigration and 
        Nationality Act, as added by section 322 of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 
        (110 Stat. 3009-628), excluded from the time periods defined in 
        the section any period of suspension of the imposition or 
        execution of a term of imprisonment or a sentence in whole or 
        in part.
    (b) Alien Described.--An alien referred to in subsection (a) is an 
alien who is the subject of a proceeding--
            (1) in which the alien would have satisfied the 
        requirements for the application of discretion granted to the 
        Attorney General under section 212(c) of the Immigration and 
        Nationality Act (as in effect before the enactment of section 
        440(d) of the Antiterrorism and Effective Death Penalty Act of 
        1996 (Public Law 104-132; 110 Stat. 1277)) but for the 
        amendments made by--
                    (A) such section 440(d);
                    (B) paragraphs (3) and (8) of section 321(a) of the 
                Illegal Immigration Reform and Immigrant Responsibility 
                Act of 1996 to subparagraphs (F), (G), and (N) of 
                section 101(a)(43) of the Immigration and Nationality 
                Act; and
                    (C) section 322 of the Illegal Immigration Reform 
                and Immigrant Responsibility Act of 1996 (to the extent 
                such section added section 101(a)(48)(B) to the 
                Immigration and Nationality Act);
            (2) with respect to which the Attorney General has not 
        elected to proceed under paragraph (2) of section 309(c) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1101 note); and
            (3) which has not been terminated under paragraph (3) of 
        such section 309(c).
    (c) No Danger to Persons or Property.--In the case of an alien 
convicted of an aggravated felony involving violence, the Attorney 
General may exercise the discretion described in subsection (a) only 
after making a written determination that the action poses no danger to 
the safety of persons or property.
    (d) Judicial Review.--A judgment regarding the granting or denial 
of relief under this section shall be subject to judicial review in 
accordance with section 106 of the Immigration and Nationality Act (as 
in effect on April 23, 1996), notwithstanding section 242 of the 
Immigration and Nationality Act, section 440(a) of the Antiterrorism 
and Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 
1277), sections 306 and 309(c)(4) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
3009-607 et seq.), or any other provision of law limiting judicial 
review of a discretionary decision under section 212(c) of the 
Immigration and Nationality Act (as in effect before its repeal).
    (e) Parole.--The Attorney General should exercise the parole 
authority under section 212(d)(5)(A) of the Immigration and Nationality 
Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of permitting aliens 
deported from the United States to participate in the process 
established under subsection (a).

SEC. 4. CANCELLATION OF REMOVAL OR WAIVER OF INADMISSIBILITY FOR 
              CERTAIN OTHER LONG-TERM PERMANENT RESIDENT ALIENS FOR 
              URGENT HUMANITARIAN REASONS OR SIGNIFICANT PUBLIC 
              BENEFIT.

    (a) Cancellation of Removal.--
            (1) In general.--Section 240A of the Immigration and 
        Nationality Act (8 U.S.C. 1229b), as amended by section 2, is 
        further amended by adding at the end the following:
    ``(f) Cancellation of Removal for Certain Permanent Residents for 
Urgent Humanitarian Reasons or Significant Public Benefit.--
            ``(1) In general.--In the case of an alien otherwise 
        eligible for cancellation of removal under subsection (a), 
        except that the alien has been convicted of an aggravated 
        felony that renders the alien unable to satisfy the requirement 
        in subsection (a)(1)(C) (or, in some cases, the requirements in 
        subparagraphs (B) and (C) of subsection (a)(1)), the Attorney 
        General may cancel removal of the alien under such conditions 
        as the Attorney General may prescribe, but only--
                    ``(A) on a case-by-case basis for urgent 
                humanitarian reasons, significant public benefit 
                (including assuring family unity), or any other 
                sufficiently compelling reason; and
                    ``(B) after making a written determination that the 
                cancellation of removal poses no danger to the safety 
                of persons or property.
            ``(2) Application of provisions.--Paragraphs (3) through 
        (7) of subsection (a) shall apply to a determination of whether 
        an alien satisfies the requirements of paragraph (1) of this 
        subsection in the same manner as such paragraphs apply to a 
        determination under subsection (a).''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect as if included in the enactment of section 
        304 of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-
        587).
            (3) Application for relief.--
                    (A) In general.--Notwithstanding section 240(c)(6) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1229a(c)(6)) or any other limitation imposed by law on 
                motions to reopen removal proceedings, the Attorney 
                General shall establish a process (whether through 
                permitting the reopening of a removal proceeding or 
                otherwise) under which an alien who--
                            (i) is (or was) in removal proceedings 
                        before the date of the enactment of this Act 
                        (whether or not the alien has been removed as 
                        of such date); and
                            (ii) has become eligible for cancellation 
                        of removal as a result of the amendment made by 
                        paragraph (1);
                may apply for cancellation of removal and release from 
                detention under section 240A(f) of the Immigration and 
                Nationality Act, as added by such paragraph.
                    (B) Parole.--The Attorney General should exercise 
                the parole authority under section 212(d)(5)(A) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(d)(5)(A)) for the purpose of permitting aliens 
                removed from the United States to participate in the 
                process established under subparagraph (A).
    (b) Waiver of Inadmissibility.--In the case of an alien otherwise 
eligible for the relief provided under section 3, except that the alien 
has been convicted of an aggravated felony or felonies referred to in 
the amendment described in section 3(a)(1)(C)--
            (1) the Attorney General shall permit the alien to request 
        the Attorney General to exercise the discretion described in 
        paragraph (2) pursuant to the process established under section 
        3 (including subsection (e) of such section);
            (2) the Attorney General may exercise the discretion 
        described in section 3(a) (including paragraph (1)(B), the 
        strike (but not the addition) in paragraph (1)(C), and 
        paragraphs (2) through (4) of such section), under such 
        conditions as the Attorney General may prescribe, but only--
                    (A) on a case-by-case basis for urgent humanitarian 
                reasons, significant public benefit (including assuring 
                family unity), or any other sufficiently compelling 
                reason; and
                    (B) after making a written determination that the 
                action poses no danger to the safety of persons or 
                property; and
            (3) a judgment regarding the granting or denial of relief 
        to the alien under this subsection shall be subject to judicial 
        review in accordance with section 3(d) in the same manner as a 
        judgment regarding relief under section 3.

SEC. 5. SUSPENSION OF DEPORTATION FOR CERTAIN OTHER ALIENS.

    (a) In General.--The Attorney General shall establish a process 
(whether through permitting the reopening of a proceeding described in 
subsection (b) or otherwise) under which an alien described in 
subsection (b) may request the Attorney General to exercise the 
discretion granted under paragraph (1), (2), or (3) of section 244(a) 
of the Immigration and Nationality Act (as in effect on March 31, 1997) 
as if--
            (1) the amendment in section 321(a)(3) of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 
        (110 Stat. 3009-627) to subparagraphs (F) and (G) of section 
        101(a)(43) of the Immigration and Nationality Act had not been 
        made; and
            (2) section 321(a)(8) of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (110 Stat. 3009-628) had 
        amended section 101(a)(43)(N) of the Immigration and 
        Nationality Act by striking ``for which the term'' and all that 
        follows and inserting the following: ``, except in the case of 
        a first offense for which the alien has affirmatively shown 
        that the alien committed the offense for the purpose of 
        assisting, abetting, or aiding only the alien's immediate 
        family to violate a provision of this Act;''.
    (b) Alien Described.--An alien referred to in subsection (a) is an 
alien who is the subject of a proceeding--
            (1) in which the alien would have satisfied the 
        requirements for the application of discretion granted to the 
        Attorney General under paragraph (1), (2), or (3) of section 
        244(a) of the Immigration and Nationality Act (as in effect on 
        March 31, 1997) but for the amendments made by paragraphs (3) 
        and (8) of section 321(a) of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 to subparagraphs (F), (G), 
        and (N) of section 101(a)(43) of the Immigration and 
        Nationality Act;
            (2) with respect to which the Attorney General has not 
        elected to proceed under paragraph (2) of section 309(c) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1101 note); and
            (3) which has not been terminated under paragraph (3) of 
        such section 309(c).
    (c) No Danger to Persons or Property.--In the case of an alien 
convicted of an aggravated felony involving violence, the Attorney 
General may exercise the discretion described in subsection (a) only 
after making a written determination that the action poses no danger to 
the safety of persons or property.
    (d) Judicial Review.--A judgment regarding the granting or denial 
of relief under this section shall be subject to judicial review in 
accordance with section 106 of the Immigration and Nationality Act (as 
in effect on April 23, 1996), notwithstanding section 242 of the 
Immigration and Nationality Act, section 440(a) of the Antiterrorism 
and Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 
1277), sections 306 and 309(c)(4) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
3009-607 et seq.), or any other provision of law limiting judicial 
review of a discretionary decision under section 244 of the Immigration 
and Nationality Act (as in effect on March 31, 1997).
    (e) Parole.--The Attorney General should exercise the parole 
authority under section 212(d)(5)(A) of the Immigration and Nationality 
Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of permitting aliens 
deported from the United States to participate in the process 
established under subsection (a).

SEC. 6. CONSTRUCTION.

    In the case of an alien who is eligible for relief under section 
212(c) of the Immigration and Nationality Act (as in effect before the 
enactment of section 440(d) of the Antiterrorism and Effective Death 
Penalty Act of 1996) (Public Law 104-132; 110 Stat. 1277), nothing in 
this Act, or any amendment made by this Act, shall be construed to 
modify such eligibility.
                                 <all>
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