IB 

Union Calendar No. 584 

110TH CONGRESS 

2D SESSION H. R. 1071 

[Report No. 110–909] 

To provide the nonimmigrant spouses and children of nonimmigrant aliens 

who perished in the September 11 terrorist attacks an opportunity to 

adjust their status to that of an alien lawfully admitted for permanent 

residence, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2007 

Mrs. MALONEY of New York (for herself, Mr. KING of New York, Mr. NADLER, Mr. SERRANO, Mr. ISRAEL, Mr. ENGEL, Mr. BERMAN, Ms. 

SCHAKOWSKY, Mr. HARE, and Mr. RANGEL) introduced the following bill; 

which was referred to the Committee on the Judiciary 

OCTOBER 3, 2008 

Additional sponsors: Mr. GRIJALVA, Mr. ACKERMAN, Mr. SIRES, Mr. BURTON

of Indiana, Mr. PALLONE, Mr. LANTOS, Ms. CLARKE, Mr. HOLT, Mr. 

WEINER, and Mr. SHAYS

OCTOBER 3, 2008 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 15, 2007] 

A BILL 

To provide the nonimmigrant spouses and children of nonimmigrant aliens who perished in the September 11 terrorist attacks an opportunity to adjust their status to 


wwoods2 on PRODPC68 with BILLS
2 

•HR 1071 RH

that of an alien lawfully admitted for permanent residence, 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 ‘‘September 11 Family 

5 Humanitarian Relief and Patriotism Act’’. 

6 SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NON7 IMMIGRANT VICTIMS OF TERRORISM. 

8 (a) ADJUSTMENT OF STATUS.— 

9 (1) IN GENERAL.—The status of any alien de10 scribed in subsection (b) shall be adjusted by the Sec11 retary of Homeland Security to that of an alien law12 fully admitted for permanent residence, if the alien— 

13 (A) applies for such adjustment not later 

14 than 2 years after the date on which the Sec15 retary promulgates final regulations to imple16 ment this section; and 

17 (B) is otherwise admissible to the United 

18 States for permanent residence, except in deter19 mining such admissibility the grounds for inad20 missibility specified in paragraphs (4), (5), 

21 (6)(A), (7)(A), and (9)(B) of section 212(a) of 

22 the Immigration and Nationality Act (8 U.S.C. 

23 1182(a)) shall not apply. 


wwoods2 on PRODPC68 with BILLS
3 

•HR 1071 RH

1 (2) RULES IN APPLYING CERTAIN PROVISIONS.— 

2 In the case of an alien described in subsection (b) who 

3 is applying for adjustment of status under this sec4 tion— 

5 (A) the provisions of section 241(a)(5) of the 

6 Immigration and Nationality Act shall not 

7 apply; and 

8 (B) the Secretary of Homeland Security 

9 may grant the alien a waiver of the grounds of 

10 inadmissibility under subparagraphs (A) and 

11 (C) of section 212(a)(9) of such Act. 

12 In granting waivers under subparagraph (B), the 

13 Secretary shall use standards used in granting con14 sent under subparagraphs (A)(iii) and (C)(ii) of such 

15 section 212(a)(9). 

16 (3) RELATIONSHIP OF APPLICATION TO CERTAIN

17 ORDERS.—An alien present in the United States who 

18 has been ordered excluded, deported, removed, or or19 dered to depart voluntarily from the United States 

20 under any provision of the Immigration and Nation21 ality Act (8 U.S.C. 1101 et seq.) may, notwith22 standing such order, apply for adjustment of status 

23 under paragraph (1). Such an alien may not be re24 quired, as a condition of submitting or granting such 

25 application, to file a separate motion to reopen, reVerDate Aug 31 2005 23:29 Oct 03, 2008 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H1071.RH H1071

wwoods2 on PRODPC68 with BILLS
4 

•HR 1071 RH

1 consider, or vacate such order. If the Secretary of 

2 Homeland Security grants the application, the Sec3 retary shall cancel the order. If the Secretary renders 

4 a final administrative decision to deny the applica5 tion, the order shall be effective and enforceable to the 

6 same extent as if the application had not been made. 

7 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA8 TUS.—The benefits provided by subsection (a) shall apply 

9 to any alien who— 

10 (1) was lawfully present in the United States as 

11 a nonimmigrant alien described in section 101(a)(15) 

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

13 1101(a)(15)) on September 10, 2001; 

14 (2) was, on such date, the spouse, child, depend15 ent son, or dependent daughter of an alien who— 

16 (A) was lawfully present in the United 

17 States as a nonimmigrant alien described in sec18 tion 101(a)(15) of the Immigration and Nation19 ality Act (8 U.S.C. 1101(a)(15)) on such date; 

20 and 

21 (B) died as a direct result of a specified ter22 rorist activity; and 

23 (3) was deemed to be a beneficiary of, and by, 

24 the September 11th Victim Compensation Fund of 

25 2001 (42 U.S.C. 40101). 


wwoods2 on PRODPC68 with BILLS
5 

•HR 1071 RH

1 (c) STAY OF REMOVAL; WORK AUTHORIZATION.— 

2 (1) IN GENERAL.—The Secretary of Homeland 

3 Security and the Attorney General shall provide by 

4 regulation for an alien subject to a final order of re5 moval to seek a stay of such order based on the filing 

6 of an application under subsection (a). 

7 (2) DURING CERTAIN PROCEEDINGS.—Notwith8 standing any provision of the Immigration and Na9 tionality Act (8 U.S.C. 1101 et seq.), the Attorney 

10 General shall not order any alien to be removed from 

11 the United States, if the alien is in removal pro12 ceedings under any provision of such Act and has ap13 plied for adjustment of status under subsection (a), 

14 except where the Secretary has rendered a final ad15 ministrative determination to deny the application. 

16 (3) WORK AUTHORIZATION.—The Secretary of 

17 Homeland Security shall authorize an alien who has 

18 applied for adjustment of status under subsection (a) 

19 to engage in employment in the United States during 

20 the pendency of such application. 

21 (d) AVAILABILITY OF ADMINISTRATIVE REVIEW.—The 

22 Secretary of Homeland Security shall provide to applicants 

23 for adjustment of status under subsection (a) the same right 

24 to, and procedures for, administrative review as are pro25 vided to— 


wwoods2 on PRODPC68 with BILLS
6 

•HR 1071 RH

1 (1) applicants for adjustment of status under 

2 section 245 of the Immigration and Nationality Act; 

3 or 

4 (2) aliens subject to removal proceedings under 

5 section 240 of such Act. 

6 SEC. 3. CANCELLATION OF REMOVAL FOR CERTAIN IMMI7 GRANT VICTIMS OF TERRORISM. 

8 (a) IN GENERAL.—Subject to the provisions of the Im9 migration and Nationality Act (8 U.S.C. 1101 et seq.), 

10 other than subsections (b)(1), (d)(1), and (e) of section 240A 

11 of such Act (8 U.S.C. 1229b), the Attorney General shall, 

12 under such section 240A, cancel the removal of, and adjust 

13 to the status of an alien lawfully admitted for permanent 

14 residence, an alien described in subsection (b), if the alien 

15 applies for such relief. 

16 (b) ALIENS ELIGIBLE FOR CANCELLATION OF RE17 MOVAL.—The benefits provided by subsection (a) shall 

18 apply to any alien who— 

19 (1) was, on September 10, 2001, the spouse, 

20 child, dependent son, or dependent daughter of an 

21 alien who died as a direct result of a specified ter22 rorist activity; and 

23 (2) was deemed to be a beneficiary of, and by, 

24 the September 11th Victim Compensation Fund of 

25 2001 (49 U.S.C. 40101). 


wwoods2 on PRODPC68 with BILLS
7 

•HR 1071 RH

1 (c) STAY OF REMOVAL; WORK AUTHORIZATION.— 

2 (1) IN GENERAL.—The Secretary of Homeland 

3 Security and the Attorney General shall provide by 

4 regulation for an alien subject to a final order of re5 moval to seek a stay of such order based on the filing 

6 of an application under subsection (a). 

7 (2) WORK AUTHORIZATION.—The Secretary of 

8 Homeland Security shall authorize an alien who has 

9 applied for cancellation of removal under subsection 

10 (a) to engage in employment in the United States 

11 during the pendency of such application. 

12 (d) MOTIONS TO REOPEN REMOVAL PROCEEDINGS.— 

13 Notwithstanding any limitation imposed by law on motions 

14 to reopen removal proceedings (except limitations premised 

15 on an alien’s conviction of an aggravated felony (as defined 

16 in section 101(a)(43) of the Immigration and Nationality 

17 Act (8 U.S.C. 1101(a)(43))), any alien who has become eli18 gible for cancellation of removal as a result of the enactment 

19 of this section may file one motion to reopen removal pro20 ceedings to apply for such relief. The Secretary of Homeland 

21 Security and the Attorney General shall designate a specific 

22 time period in which all such motions to reopen are re23 quired to be filed. The period shall begin not later than 60 

24 days after the date of the enactment of this Act and shall 

25 extend for a period not to exceed 240 days. 


wwoods2 on PRODPC68 with BILLS
8 

•HR 1071 RH

1 SEC. 4. EXCEPTIONS. 

2 Notwithstanding any other provision of this Act, an 

3 alien may not be provided relief under this Act if the alien 

4 is— 

5 (1) inadmissible under paragraph (2) or (3) of 

6 section 212(a) of the Immigration and Nationality 

7 Act (8 U.S.C. 1182(a)), or deportable under para8 graph (2) or (4) of section 237(a) of such Act (8 

9 U.S.C. 1227(a)), including any individual culpable 

10 for a specified terrorist activity; or 

11 (2) a member of the family of an alien described 

12 in paragraph (1). 

13 SEC. 5. EVIDENCE OF DEATH. 

14 For purposes of this Act, the Secretary of Homeland 

15 Security and the Attorney General shall use the standards 

16 established under section 426 of the Uniting and Strength17 ening America by Providing Appropriate Tools Required 

18 to Intercept and Obstruct Terrorism (USA PATRIOT ACT) 

19 Act of 2001 in determining whether death occurred as a 

20 direct result of a specified terrorist activity. 

21 SEC. 6. DEFINITIONS. 

22 (a) APPLICATION OF IMMIGRATION AND NATIONALITY

23 ACT PROVISIONS.—Except as otherwise specifically pro24 vided in this Act, the definitions used in the Immigration 

25 and Nationality Act (8 U.S.C. 1101 et seq.) (excluding the 


wwoods2 on PRODPC68 with BILLS
9 

•HR 1071 RH

1 definitions applicable exclusively to title III of such Act) 

2 shall apply in the administration of this Act. 

3 (b) SPECIFIED TERRORIST ACTIVITY.—For purposes of 

4 this Act, the term ‘‘specified terrorist activity’’ means any 

5 terrorist activity conducted against the Government or the 

6 people of the United States on September 11, 2001. 


wwoods2 on PRODPC68 with BILLS
Union Calendar No. 584 

110TH CONGRESS 

2D SESSION H. R. 1071 

[Report No. 110–909] 

A BILL 

To provide the nonimmigrant spouses and children 

purposes. mitted for permanent residence, and for other just their status to that of an alien lawfully adtember 11 terrorist attacks an opportunity to adof nonimmigrant aliens who perished in the SepOCTOBER 3, 2008 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


wwoods2 on PRODPC68 with BILLS