I 

110TH CONGRESS 

1ST SESSION H. R. 1071 

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 

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 

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’’. 


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1 SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NON2 IMMIGRANT VICTIMS OF TERRORISM. 

3 (a) ADJUSTMENT OF STATUS.— 

4 (1) IN GENERAL.—The status of any alien de5 scribed in subsection (b) shall be adjusted by the 

6 Secretary of Homeland Security to that of an alien 

7 lawfully admitted for permanent residence, if the 

8 alien— 

9 (A) applies for such adjustment not later 

10 than 2 years after the date on which the Sec11 retary promulgates final regulations to imple12 ment this section; and 

13 (B) is otherwise admissible to the United 

14 States for permanent residence, except in deter15 mining such admissibility the grounds for inad16 missibility specified in paragraphs (4), (5), 

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

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

19 1182(a)) shall not apply. 

20 (2) RULES IN APPLYING CERTAIN PROVI21 SIONS.—In the case of an alien described in sub22 section (b) who is applying for adjustment of status 

23 under this section— 

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

25 the Immigration and Nationality Act shall not 

26 apply; and 


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1 (B) the Secretary of Homeland Security 

2 may grant the alien a waiver on the grounds of 

3 inadmissibility under subparagraphs (A) and 

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

5 In granting waivers under subparagraph (B), the 

6 Secretary shall use standards used in granting con7 sent under subparagraphs (A)(iii) and (C)(ii) of 

8 such section 212(a)(9). 

9 (3) RELATIONSHIP OF APPLICATION TO CER10 TAIN ORDERS.—An alien present in the United 

11 States who has been ordered excluded, deported, re12 moved, or ordered to depart voluntarily from the 

13 United States under any provision of the Immigra14 tion and Nationality Act (8 U.S.C. 1101 et seq.) 

15 may, notwithstanding such order, apply for adjust16 ment of status under paragraph (1). Such an alien 

17 may not be required, as a condition of submitting or 

18 granting such application, to file a separate motion 

19 to reopen, reconsider, or vacate such order. If the 

20 Secretary of Homeland Security grants the applica21 tion, the Secretary shall cancel the order. If the Sec22 retary renders a final administrative decision to deny 

23 the application, the order shall be effective and en24 forceable to the same extent as if the application 

25 had not been made. 


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1 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA2 TUS.—The benefits provided by subsection (a) shall apply 

3 to any alien who— 

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

5 a nonimmigrant alien described in section 

6 101(a)(15) of the Immigration and Nationality Act 

7 (8 U.S.C. 1101(a)(15)) on September 10, 2001; 

8 (2) was, on such date, the spouse, child, de9 pendent son, or dependent daughter of an alien 

10 who— 

11 (A) was lawfully present in the United 

12 States as a nonimmigrant alien described in 

13 section 101(a)(15) of the Immigration and Na14 tionality Act (8 U.S.C. 1101(a)(15)) on such 

15 date; and 

16 (B) died as a direct result of a specified 

17 terrorist activity; and 

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

19 the September 11th Victim Compensation Fund of 

20 2001 (42 U.S.C. 40101). 

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

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

23 Security shall provide by regulation for an alien sub24 ject to a final order of removal to seek a stay of 


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1 such order based on the filing of an application 

2 under subsection (a). 

3 (2) DURING CERTAIN PROCEEDINGS.—Notwith4 standing any provision of the Immigration and Na5 tionality Act (8 U.S.C. 1101 et seq.), the Secretary 

6 of Homeland Security shall not order any alien to be 

7 removed from the United States, if the alien is in re8 moval proceedings under any provision of such Act 

9 and has applied for adjustment of status under sub10 section (a), except where the Secretary has rendered 

11 a final administrative determination to deny the ap12 plication. 

13 (3) WORK AUTHORIZATION.—The Secretary of 

14 Homeland Security shall authorize an alien who has 

15 applied for adjustment of status under subsection 

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

17 during the pendency of such application. 

18 (d) AVAILABILITY OF ADMINISTRATIVE REVIEW.— 

19 The Secretary of Homeland Security shall provide to ap20 plicants for adjustment of status under subsection (a) the 

21 same right to, and procedures for, administrative review 

22 as are provided to— 

23 (1) applicants for adjustment of status under 

24 section 245 of the Immigration and Nationality Act; 

25 or 


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1 (2) aliens subject to removal proceedings under 

2 section 240 of such Act. 

3 SEC. 3. CANCELLATION OF REMOVAL FOR CERTAIN IMMI4 GRANT VICTIMS OF TERRORISM. 

5 (a) IN GENERAL.—Subject to the provisions of the 

6 Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 

7 other than subsections (b)(1), (d)(1), and (e) of section 

8 240A of such Act (8 U.S.C. 1229b), the Secretary of 

9 Homeland Security shall, under such section 240A, cancel 

10 the removal of, and adjust to the status of an alien law11 fully admitted for permanent residence, an alien described 

12 in subsection (b), if the alien applies for such relief. 

13 (b) ALIENS ELIGIBLE FOR CANCELLATION OF RE14 MOVAL.—The benefits provided by subsection (a) shall 

15 apply to any alien who— 

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

17 child, dependent son, or dependent daughter of an 

18 alien who died as a direct result of a specified ter19 rorist activity; and 

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

21 the September 11th Victim Compensation Fund of 

22 2001 (49 U.S.C. 40101). 

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

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

25 Security shall provide by regulation for an alien subVerDate Aug 31 2005 02:22 Feb 22, 2007 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1071.IH H1071

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1 ject to a final order of removal to seek a stay of 

2 such order based on the filing of an application 

3 under subsection (a). 

4 (2) WORK AUTHORIZATION.—The Secretary of 

5 Homeland Security shall authorize an alien who has 

6 applied for cancellation of removal under subsection 

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

8 during the pendency of such application. 

9 (d) MOTIONS TO REOPEN REMOVAL PRO10 CEEDINGS.—Notwithstanding any limitation imposed by 

11 law on motions to reopen removal proceedings (except lim12 itations premised on an alien’s conviction of an aggravated 

13 felony (as defined in section 101(a)(43) of the Immigra14 tion and Nationality Act (8 U.S.C. 1101(a)(43))), any 

15 alien who has become eligible for cancellation of removal 

16 as a result of the enactment of this section may file one 

17 motion to reopen removal proceedings to apply for such 

18 relief. The Secretary of Homeland Security shall designate 

19 a specific time period in which all such motions to reopen 

20 are required to be filed. The period shall begin not later 

21 than 60 days after the date of the enactment of this Act 

22 and shall extend for a period not to exceed 240 days. 


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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 de12 scribed in paragraph (1). 

13 SEC. 5. EVIDENCE OF DEATH. 

14 For purposes of this Act, the Secretary of Homeland 

15 Security shall use the standards established under section 

16 426 of the Uniting and Strengthening America by Pro17 viding Appropriate Tools Required to Intercept and Ob18 struct Terrorism (USA PATRIOT ACT) Act of 2001 in 

19 determining whether death occurred as a direct result of 

20 a specified terrorist activity. 

21 SEC. 6. DEFINITIONS. 

22 (a) APPLICATION OF IMMIGRATION AND NATION23 ALITY ACT PROVISIONS.—Except as otherwise specifically 

24 provided in this Act, the definitions used in the Immigra25 tion and Nationality Act (8 U.S.C. 1101 et seq.) (excludVerDate Aug 31 2005 02:22 Feb 22, 2007 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1071.IH H1071

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1 ing the definitions applicable exclusively to title III of such 

2 Act) shall apply in the administration of this Act. 

3 (b) SPECIFIED TERRORIST ACTIVITY.—For purposes 

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

5 any terrorist activity conducted against the Government 

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

Æ 


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