I

107TH CONGRESS

1ST SESSION H. R. 1918

To amend the Illegal Immigration Reform and Immigrant Responsibility

Act of 1996 to permit States to determine state residency for higher

education purposes and to amend the Immigration and Nationality Act

to cancel the removal and adjust the status of certain alien collegebound students who are long-term U.S. residents.

IN THE HOUSE OF REPRESENTATIVES

MAY 21, 2001

Mr. CANNON (for himself, Mr. BERMAN, and Ms. ROYBAL-ALLARD) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each

case for consideration of such provisions as fall within the jurisdiction of

the committee concerned

A BILL

To amend the Illegal Immigration Reform and Immigrant

Responsibility Act of 1996 to permit States to determine

state residency for higher education purposes and to

amend the Immigration and Nationality Act to cancel

the removal and adjust the status of certain alien collegebound students who are long-term U.S. residents.

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 ‘‘Student Adjustment

3 Act of 2001’’.

4 SEC. 2. RESTORATION OF STATE OPTION TO DETERMINE

5 RESIDENCY FOR PURPOSES OF HIGHER EDU6 CATION BENEFITS.

7 (a) IN GENERAL.—Section 505 of the Illegal Immi8 gration Reform and Immigrant Responsibility Act of 1996

9 (division C of Public Law 104–208; 110 Stat 3009–672;

10 8 U.S.C. 1623) is repealed.

11 (b) EFFECTIVE DATE.—The repeal made by sub12 section (a) shall take effect as if included in the enactment

13 of the Illegal Immigration Reform and Immigrant Respon14 sibility Act of 1996.

15 SEC. 3. ADJUSTMENT OF STATUS OF CERTAIN LONG-TERM

16 RESIDENT STUDENTS.

17 (a) IN GENERAL.—Section 240A of the Immigration

18 and Nationality Act (8 U.S.C. 1229b) is amended—

19 (1) in paragraph (3) of subsection (b)—

20 (A) by striking ‘‘paragraph (1) or (2)’’ and

21 inserting ‘‘paragraph (1), (2), or (3)’’ each

22 place it appears;

23 (B) by redesignating such paragraph as

24 paragraph (5); and

25 (C) by moving such paragraph to follow

26 paragraph (4);
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1 (2) by inserting after paragraph (2) of sub2 section (b) the following new paragraph:

3 ‘‘(3) SPECIAL RULE FOR CHILDREN IN MIDDLE

4 OR SECONDARY SCHOOL.—

5 ‘‘(A) AUTHORITY.—Subject to subpara6 graph (B), the Attorney General shall cancel re7 moval of, and adjust to the status of an alien

8 lawfully admitted for permanent residence, an

9 alien who is inadmissible or deportable from the

10 United States if the alien demonstrates that—

11 ‘‘(i) the alien has not, at the time of

12 application, attained the age of 21;

13 ‘‘(ii) the alien was physically present

14 in the United States on the date of the en15 actment of the Student Adjustment Act of

16 2001 and has been physically present in

17 the United States for a continuous period

18 of not less than five years immediately pre19 ceding the date of such application;

20 ‘‘(iii) the alien has been a person of

21 good moral character during such period;

22 and

23 ‘‘(iv) the alien, at the time of applica24 tion, is enrolled at or above the 7th grade

25 level in a school in the United States or is
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1 enrolled in or actively pursuing admission

2 to an institution of higher education in the

3 United States as defined in section 101 of

4 the Higher Education Act of 1965 (20

5 U.S.C. 1001).

6 The Attorney General shall provide a procedure

7 by regulation allowing eligible individuals to

8 apply affirmatively for the relief available under

9 this paragraph without being placed in removal

10 proceedings. An alien shall not be considered to

11 have failed to maintain continuous physical

12 presence in the United States for purposes of

13 clause (ii) by virtue of brief, casual, and inno14 cent absences from the United States.

15 ‘‘(B) RESTRICTIONS ON AUTHORITY.—The

16 provisions of this paragraph shall not apply to

17 any of the following aliens:

18 ‘‘(i) An alien who is inadmissible

19 under section 212(a)(2)(A)(i)(I) or is de20 portable under section 237(a)(2)(A)(i) (re21 lating to crimes of moral turpitude), unless

22 the Attorney General determines that the

23 alien’s removal would result in extreme

24 hardship to the alien, the alien’s child, or
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1 (in the case of an alien who is a child) to

2 the alien’s parent.

3 ‘‘(ii) An alien who is inadmissible

4 under section 212(a)(3) or is deportable

5 under section 237(a)(2)(D)(i) or

6 237(a)(2)(D)(ii) (relating to security and

7 related grounds).’’; and

8 (3) in subsection (d)(1)(A), by inserting ‘‘or

9 (b)(3)’’ after ‘‘subsection (b)(2)’’.

10 (b) EXEMPTION FROM NUMERICAL LIMITATIONS.—

11 Section 240A(e)(3) of such Act (8 U.S.C. 1229b(e)(3))

12 is amended by adding at the end the following new sub13 paragraph:

14 ‘‘(C) Aliens described in subsection

15 (b)(3).’’.

16 (c) GRANDFATHER PROVISIONS.—For purpose of ap17 plying section 240A(b)(3) of the Immigration and Nation18 ality Act (as inserted by subsection (a)) with respect to

19 an application filed under such section not later than 120

20 days after the effective date of regulations implementing

21 this section—

22 (1) an individual shall be considered to be

23 under the age of 21 if the individual’s 21st birthday

24 occurs after the date of the enactment of this Act
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1 but no more than 120 days after the effective date

2 of such regulations; and

3 (2) an individual shall be treated as meeting the

4 requirements of clauses (i), (ii), and (iv) of subpara5 graph (A) of such section if—

6 (A) the individual would have met such re7 quirements based upon an application filed at

8 any time during the 4-year period ending on the

9 date of the enactment of this Act; and

10 (B) the individual has graduated from, or

11 is at the time of application enrolled in, an in12 stitution of higher education in the United

13 States (described in clause (iv) of such subpara14 graph).

15 (d) CONFIDENTIALITY OF INFORMATION.—Neither

16 the Attorney General, nor any other official or employee

17 of the Department of Justice, or bureau or agency thereof,

18 may—

19 (1) use the information furnished by the appli20 cant pursuant to an application filed under the

21 amendments made by this section for any purpose

22 other than to make a determination on the applica23 tion;
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1 (2) make any publication whereby the informa2 tion furnished by any particular individual can be

3 identified; or

4 (3) permit anyone other than the sworn officers

5 and employees of the Department or bureau or

6 agency or, with respect to applications filed with a

7 designated entity, that designated entity, to examine

8 individual applications.

9 Whoever knowingly uses, publishes, or permits informa10 tion to be examined in violation of this subsection shall

11 be fined not more than $10,000.

12 (e) ELIGIBILITY OF CANCELLATION APPLICANTS FOR

13 FEDERAL EDUCATIONAL ASSISTANCE.—Section 431(b) of

14 the Personal Responsibility and Work Opportunity Rec15 onciliation Act of 1996 (8 U.S.C. 1641(b)) is amended—

16 (1) by striking ‘‘; or’’ at the end of paragraph

17 (6) and inserting a comma;

18 (2) by striking the period at the end of para19 graph (7) and inserting ‘‘, or’’; and

20 (3) by adding at the end the following new

21 paragraph:

22 ‘‘(8) an alien who has been granted relief under

23 section 240A(b)(3) of the Immigration and Nation24 ality Act, or with respect to whom an application
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1 under such section has been filed but not finally

2 been adjudicated.’’.

3 (f) REGULATIONS.—

4 (1) PROPOSED REGULATIONS.—Not later than

5 60 days after the date of the enactment of this Act,

6 the Attorney General shall publish proposed regula7 tions implementing this section.

8 (2) INTERIM, FINAL REGULATIONS.—Not later

9 than 120 days after the date of the enactment of

10 this Act, the Attorney General shall publish final

11 regulations implementing this section. Such regula12 tions shall be effective immediately on an interim

13 basis, but are subject to change and revision after

14 public notice and opportunity for a period for public

15 comment.

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