I

107TH CONGRESS

1ST SESSION H. R. 1571

To provide for permanent resident status for any alien orphan physically

present in the United States who is less than 12 years of age and

to provide for deferred enforced departure status for any alien physically

present in the United States who is the natural and legal parent of

a child born in the United States who is less than 18 years of age.

IN THE HOUSE OF REPRESENTATIVES

APRIL 24, 2001

Mr. OWENS introduced the following bill; which was referred to the Committee

on the Judiciary

A BILL

To provide for permanent resident status for any alien orphan physically present in the United States who is

less than 12 years of age and to provide for deferred

enforced departure status for any alien physically present

in the United States who is the natural and legal parent

of a child born in the United States who is less than

18 years of age.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Alien Child Protection

3 and Deferred Enforced Departure Family Unity Act of

4 2001’’.

5 SEC. 2. PERMANENT RESIDENT STATUS FOR ANY ALIEN OR6 PHAN WHO IS PHYSICALLY PRESENT IN THE

7 UNITED STATES AND IS LESS THAN 12 YEARS

8 OF AGE.

9 (a) ADJUSTMENT OF STATUS.—

10 (1) IN GENERAL.—Notwithstanding section

11 245(c) of the Immigration and Nationality Act, the

12 status of any alien described in subsection (b) shall

13 be adjusted by the Attorney General to that of an

14 alien lawfully admitted for permanent residence, if

15 the alien—

16 (A) applies for such adjustment; and

17 (B) is otherwise eligible to receive an im18 migrant visa and is otherwise admissible to the

19 United States for permanent residence, except

20 in determining such admissibility the grounds

21 for inadmissibility specified in paragraphs (4),

22 (6)(A), (7)(A), and (9) of section 212(a) of the

23 Immigration and Nationality Act shall not

24 apply.

25 (2) RELATIONSHIP OF APPLICATION TO CER26 TAIN ORDERS.—An alien present in the United
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1 States who has been ordered excluded, deported, re2 moved, or ordered to depart voluntarily from the

3 United States under any provision of the Immigra4 tion and Nationality Act may, notwithstanding such

5 order, apply for adjustment of status under para6 graph (1). Such an alien may not be required, as a

7 condition on submitting or granting such applica8 tion, to file a motion to reopen, reconsider, or vacate

9 such order. If the Attorney General grants the appli10 cation, the Attorney General shall cancel the order.

11 If the Attorney General renders a final administra12 tive decision to deny the application, the order shall

13 be effective and enforceable to the same extent as if

14 the application had not been made.

15 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA16 TUS.—The benefits provided by subsection (a) shall apply

17 to any alien who—

18 (1) at the time of application has not attained

19 the age of 12 years;

20 (2) is physically present in the United States;

21 and

22 (3) has no living legally-recognized parent.

23 (c) STAY OF REMOVAL.—

24 (1) IN GENERAL.—The Attorney General shall

25 provide by regulation for an alien subject to a final
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1 order of deportation or removal or exclusion to seek

2 a stay of such order based on the filing of an appli3 cation under subsection (a).

4 (2) DURING CERTAIN PROCEEDINGS.—Notwith5 standing any provision of the Immigration and Na6 tionality Act, the Attorney General shall not order

7 any alien to be removed from the United States, if

8 the alien is in exclusion, deportation, or removal pro9 ceedings under any provision of such Act and raises

10 as a defense to such an order the eligibility of the

11 alien to apply for adjustment of status under sub12 section (a), except where the Attorney General has

13 rendered a final administrative determination to

14 deny the application.

15 (d) AVAILABILITY OF ADMINISTRATIVE REVIEW.—

16 The Attorney General shall provide to applicants for ad17 justment of status under subsection (a) the same right to,

18 and procedures for, administrative review as are provided

19 to—

20 (1) applicants for adjustment of status under

21 section 245 of the Immigration and Nationality Act;

22 or

23 (2) aliens subject to removal proceedings under

24 section 240 of such Act.
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1 (e) NO OFFSET IN NUMBER OF VISAS AVAILABLE.—

2 When an alien is granted the status of having been law3 fully admitted for permanent residence pursuant to this

4 section, the Secretary of State shall not be required to re5 duce the number of immigrant visas authorized to be

6 issued under any provision of the Immigration and Na7 tionality Act.

8 (f) APPLICATION OF IMMIGRATION AND NATION9 ALITY ACT PROVISIONS.—Except as otherwise specifically

10 provided in this Act, the definitions contained in the Immi11 gration and Nationality Act shall apply in the administra12 tion of this section. Nothing contained in this Act shall

13 be held to repeal, amend, alter, modify, effect, or restrict

14 the powers, duties, functions, or authority of the Attorney

15 General in the administration and enforcement of such

16 Act or any other law relating to immigration, nationality,

17 or naturalization. The fact that an alien may be eligible

18 to be granted the status of having been lawfully admitted

19 for permanent residence under this section shall not pre20 clude the alien from seeking such status under any other

21 provision of law for which the alien may be eligible.
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1 SEC. 3. DEFERRED ENFORCED DEPARTURE FOR ANY ALIEN

2 NATURAL AND LEGAL PARENT OF A CHILD

3 BORN IN THE UNITED STATES WHO IS LESS

4 THAN 18 YEARS OF AGE.

5 (a) DEFERRED ENFORCED DEPARTURE.—

6 (1) IN GENERAL.—Notwithstanding the Immi7 gration and Nationality Act, the removal or enforced

8 departure any alien described in subsection (b) shall

9 be deferred by the Attorney General during any pe10 riod in which the alien is the natural and legal par11 ent of a child born in the United States who has not

12 attained the age of 18 years, if the alien applies for

13 such deferral.

14 (2) RELATIONSHIP OF APPLICATION TO CER15 TAIN ORDERS.—An alien present in the United

16 States who has been ordered excluded, deported, re17 moved, or ordered to depart voluntarily from the

18 United States under any provision of the Immigra19 tion and Nationality Act may, notwithstanding such

20 order, apply for deferral of enforced departure under

21 paragraph (1). Such an alien may not be required,

22 as a condition on submitting or granting such appli23 cation, to file a motion to reopen, reconsider, or va24 cate such order. If the Attorney General grants the

25 application, the Attorney General shall cancel the

26 order. If the Attorney General renders a final ad-
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1 ministrative decision to deny the application, the

2 order shall be effective and enforceable to the same

3 extent as if the application had not been made.

4 (b) ALIENS ELIGIBLE FOR DEFERRED ENFORCED

5 DEPARTURE.—The benefits provided by subsection (a)

6 shall apply to any alien who—

7 (1) is physically present in the United States;

8 and

9 (2) is the natural and legal parent of a child

10 born in the United States who has not attained the

11 age of 18 years.

12 (c) STAY OF REMOVAL.—

13 (1) IN GENERAL.—The Attorney General shall

14 provide by regulation for an alien subject to a final

15 order of deportation or removal or exclusion to seek

16 a stay of such order based on the filing of an appli17 cation under subsection (a).

18 (2) DURING CERTAIN PROCEEDINGS.—Notwith19 standing any provision of the Immigration and Na20 tionality Act, the Attorney General shall not order

21 any alien to be removed from the United States, if

22 the alien is in exclusion, deportation, or removal pro23 ceedings under any provision of such Act and raises

24 as a defense to such an order the eligibility of the

25 alien to apply for adjustment of status under sub-
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1 section (a), except where the Attorney General has

2 rendered a final administrative determination to

3 deny the application.

4 (d) AVAILABILITY OF ADMINISTRATIVE REVIEW.—

5 The Attorney General shall provide to applicants for de6 ferred enforced departure under subsection (a) the same

7 right to, and procedures for, administrative review as are

8 provided to aliens subject to removal proceedings under

9 section 240 of such Act.

10 (e) WORK AUTHORIZATION.—

11 (1) DURING APPLICATION PROCESS.—The At12 torney General may authorize an alien who has ap13 plied for deferred enforced departure under sub14 section (a) to engage in employment in the United

15 States during the pendency of such application and

16 may provide the alien with an ‘‘employment author17 ized’’ endorsement or other appropriate document

18 signifying authorization of employment, except that

19 if such application is pending for a period exceeding

20 180 days, and has not been denied, the Attorney

21 General shall authorize such employment.

22 (2) DURING DEFERRED ENFORCED DEPARTURE

23 PERIOD.—The Attorney General shall authorize an

24 alien who is granted deferred enforced departure

25 under subsection (a) to engage in employment in the
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1 United States during any period in which deferred

2 enforced departure applies.

3 (f) APPLICATION OF IMMIGRATION AND NATION4 ALITY ACT PROVISIONS.—Except as otherwise specifically

5 provided in this Act, the definitions contained in the Immi6 gration and Nationality Act shall apply in the administra7 tion of this section. Nothing contained in this Act shall

8 be held to repeal, amend, alter, modify, effect, or restrict

9 the powers, duties, functions, or authority of the Attorney

10 General in the administration and enforcement of such

11 Act or any other law relating to immigration, nationality,

12 or naturalization. The fact that an alien may be eligible

13 to be granted deferred enforced departure status under

14 this section shall not preclude the alien from seeking im15 migration status under any other provision of law for

16 which the alien may be eligible.

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