I
107TH CONGRESS
1ST SESSION
H. R. 2772
To amend the Immigration and Nationality Act to modify restrictions added
by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 2, 2001
Mr. LAFALCE introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to modify
restrictions added by the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF
CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Immigrant Fairness Restoration Act of 2001’’.
(b) REFERENCES IN ACT.—Except as otherwise spe-
cifically provided in this Act, whenever in this Act an
amendment or repeal is expressed as an amendment to
or a repeal of a provision, the reference shall be deemed
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to be made to the Immigration and Nationality Act (8
U.S.C. 1101 et seq.).
(c) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; references in Act; table of contents.
Sec. 2. Findings.
Sec. 3. Elimination of retroactivity.
Sec. 4. Restoration of proportionality to grounds of removal.
Sec. 5. Restoration of discretionary relief from removal.
Sec. 6. Cancellation of removal and adjustment of status for certain nonperma-
nent residents.
Sec. 7. Judicial review of certain orders and determinations.
Sec. 8. Detention.
Sec. 9. Right to counsel.
Sec. 10. Absences outside the control of the alien.
Sec. 11. Applicants for admission.
Sec. 12. Statutory construction.
Sec. 13. Repeals.
Sec. 14. Removal of aliens who are not permanent residents and who have no
relief from removal.
Sec. 15. Repeal of ground of inadmissibility.
Sec. 16. Reopening of certain proceedings and parole of certain previously re-
moved aliens.
Sec. 17. Statutory construction.
Sec. 18. Authority of the Attorney General.
Sec. 19. Treatment of aliens who have made false claims of citizenship or who
have unlawfully voted.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States has a time-honored tra-
dition as a Nation of immigrants and a Nation of
just laws. Our immigration laws no longer reflect
that tradition.
(2) Current laws punish legal residents out of
proportion to their crimes. Reform is needed to re-
store balance to our immigration system. Funda-
mental principles of fairness in the application of the
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laws, due process, and judicial review must apply to
the foreign born and native born alike.
(3) Laws should not be applied retroactively.
Fairness and practicality dictate that changes in
definitions of crimes that make aliens deportable
should only apply to crimes committed after dates of
enactment. Immigration policy should not change
the rules in the middle of the game.
(4) Proportionality and discretion should be re-
stored to our Nation’s immigration laws. We must
restore the discretion immigration judges previously
had and responsibly exercised to evaluate cases on
an individual basis and grant relief from deportation
to deserving families.
(5) Detention of individuals is an extraordinary
power that should only be used in extraordinary cir-
cumstances. The mandatory detention of immigrants
who have paid their debt to society and pose no
threat is anathema to the protections of the Con-
stitution’s Due Process Clause.
(6) Our judicial system is one of checks and
balances and nowhere are these protections more im-
perative than in questions of deportation and incar-
ceration which so fundamentally restrict individual
liberties. Judicial review of immigration orders and
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determinations is necessary to ensure that these
most weighty determinations are not made capri-
ciously or erroneously. Immigrants deserve their day
in court.
SEC. 3. ELIMINATION OF RETROACTIVITY.
(a) CANCELLATION OF REMOVAL.—Section 240A (8
U.S.C. 1229b) is amended by adding at the end the fol-
lowing new subsection:
‘‘(f) APPLICATION OF LAW.—Notwithstanding any
other provision of this section, an alien who committed an
offense that was a ground for deportation or exclusion
prior to April 1, 1997, shall have the law in effect at the
time of the offense apply with respect to any application
for relief from deportation or exclusion on that ground.’’.
(b) APPLICATION OF AGGRAVATED FELONY DEFINI-
TION.—The last sentence of section 101(a)(43) (8 U.S.C.
1101(a)(43)) is amended to read as follows: ‘‘The term
shall not apply to any offense that was not covered by
the term on the date on which the offense occurred.’’.
(c) GROUNDS OF DEPORTABILITY.—Section 237 (8
U.S.C. 1227) is amended by adding at the end the fol-
lowing new subsection:
‘‘(d) Notwithstanding any other provision of this sec-
tion, an alien is not deportable or removable by reason
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of committing any offense that was not a ground of de-
portability on the date the offense occurred.’’.
(d) GROUNDS OF INADMISSIBILITY.—Section 212 (8
U.S.C. 1182) is amended—
(1) by redesignating subsection (p), as added by
section 1505(f) of Public Law 106–386, as sub-
section (s); and
(2) by adding at the end the following new sub-
section:
‘‘(t) Any alien who applied for admission to the
United States or adjustment of status to that of an alien
lawfully admitted for permanent residence prior to April
1, 1997, and was inadmissible under subsection
(a)(6)(C)(i), shall be eligible for the relief available (in-
cluding any waiver of inadmissibility) at the time the ap-
plication was filed.’’.
(e) PROSPECTIVE EFFECTIVE DATES.—
(1) ILLEGAL IMMIGRATION REFORM AND IMMI-
GRANT RESPONSIBILITY ACT.—Notwithstanding any
other provision of law, the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996, and
the amendments made by that Act, shall apply only
to persons seeking admission, or who became deport-
able, on or after April 1, 1997, as the case may be.
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sentenced to confinement, or is confined in
a prison or correctional institution, for one
year or longer is deportable.’’.
(b) DEFINITION OF AGGRAVATED FELONY.—Section
101(a)(43) (8 U.S.C. 1101(a)(43)) is amended—
(1) by adding at the end of section 101(a)(43)
the following: ‘‘No crime shall be deemed to be an
aggravated felony if the underlying conviction is a
misdemeanor or if the sentence imposed is not in ex-
cess of one year’’;
(2) in subparagraphs (F) and (G), by striking
‘‘at least one year’’ each place it appears and insert-
ing ‘‘is at least five years’’;
(3) in subparagraphs (J), (R), and (S), by
striking ‘‘one year’’ each place it appears and insert-
ing ‘‘five years’’;
(4) by amending subparagraph (N) (8 U.S.C.
1101(a)(43)(N)) to read as follows:
‘‘(N) an offense described in section
274(a)(1) (relating to alien smuggling) for the
purpose of commercial advantage.’’;
(5) 
in 
subparagraph 
(P)(ii) 
(8 
U.S.C.
1101(a)(43)(P)(ii)), by striking ‘‘child’’ and insert-
ing ‘‘son or daughter’’; and
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(6) in subparagraph (T), by striking ‘‘2 years’’
and inserting ‘‘5 years’’.
(c) EFFECTIVE DATE.—The amendments made by
subsection (b) shall apply to convictions entered before,
on, or after the date of enactment of this Act.
(d) CONVICTION DEFINED.—Section 101(a)(48)(A)
(8 U.S.C. 1101(a)(48)(A)) is amended—
(1) by redesignating clauses (i) and (ii) as sub-
clauses (I) and (II), respectively;
(2) by striking ‘‘(48)(A) The term’’ and insert-
ing ‘‘(48)(A)(i) Except as provided in clause (ii), the
term’’; and
(3) by adding at the end the following:
‘‘(ii) For purposes of determinations
under this Act, the term ‘conviction’ does
not include any Federal, State, or foreign
action to expunge, dismiss, cancel, vacate,
discharge, or otherwise remove a guilty
plea or other record of guilt or conviction,
or any Federal, State, or foreign deferred
adjudication, adjudication of guilt with-
held, order of probation without entry of
judgment, or similar disposition.’’.
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(e) DEFINITION OF TERM OF IMPRISONMENT.—Sec-
tion 101(a)(48)(B) (8 U.S.C. 1101(a)(48)(B)) is amended
to read as follows:
‘‘(B) Any reference to a term of imprison-
ment or a sentence with respect to an offense
is deemed to include the period of incarceration
or confinement ordered by a court of law ex-
cluding any period of the suspension of the im-
position or execution of that imprisonment or
sentence in whole or in part.’’.
(f) CONFORMING AMENDMENTS.—
(1) GROUND
OF
INADMISSIBILITY.—Section
212(a)(6)(E) 
(8 
U.S.C. 
1182(a)(6)(E)) 
is
amended—
(A) in clause (i), by inserting ‘‘and for
commercial advantage’’ after ‘‘knowingly’’;
(B) by striking clause (ii); and
(C) by redesignating clause (iii) as clause
(ii).
(2) 
GROUND
OF
DEPORTABILITY.—Section
237(a)(1)(E) 
(8 
U.S.C. 
1227(a)(1)(E)) 
is
amended—
(A) in clause (i), by inserting ‘‘and for
commercial advantage’’ after ‘‘knowingly’’;
(B) by striking clause (ii); and
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(C) by redesignating clause (iii) as clause
(ii).
SEC. 5. RESTORATION OF DISCRETIONARY RELIEF FROM
REMOVAL.
(a) 
CANCELLATION
OF
REMOVAL.—Section
240A(a)(3) (8 U.S.C. 1229b(a)(3)) is amended to read as
follows:
‘‘(3) has not been convicted of an aggravated
felony for which the sentence imposed is five years
or more.’’.
(b) REPEAL OF RULE FOR TERMINATION OF CON-
TINUOUS PERIOD.—
(1) Section 240A(d)(1) (8 U.S.C. 1229b(d)(1))
(8 U.S.C. 1229b(a)) is repealed.
(2) Section 240A(d) (8 U.S.C. 1229b) is
amended—
(A) by redesignating paragraphs (2) and
(3) as paragraphs (1) and (2), respectively; and
(B) by inserting before the period at the
end of paragraph (1) (as redesignated) the fol-
lowing: ‘‘, unless the alien’s return was impeded
by emergency or extenuating circumstances out-
side the control of the alien’’.
(c) WAIVER.—Section 212(h) (8 U.S.C. 1182(h)) is
amended—
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(1) in the text above paragraph (1) of the first
sentence, by striking ‘‘offense of simple possession of
30 grams or less of marijuana’’ and inserting ‘‘con-
trolled substance offense for which the alien was not
incarcerated for a period exceeding one year’’; and
(2) by striking the third and fourth sentences.
(d) RESTORATION
OF
ELIGIBILITY
FOR
WITH-
HOLDING OF REMOVAL.—Section 241(b)(3)(B) (8 U.S.C.
1231(b)(3)(B)) is amended—
(1) by amending clause (ii) to read as follows:
‘‘(ii) the alien—
‘‘(I) has been convicted by final
judgment of a particularly serious
crime for which the sentence imposed
was an aggregate term of imprison-
ment of five years or more; and
‘‘(II) is a danger to the United
States.’’; and
(2) by striking the third sentence and inserting
at the end the following: ‘‘Notwithstanding this sub-
paragraph, an alien shall be eligible for relief under
subparagraph (A) if the Attorney General deter-
mines the alien should not be removed for urgent
humanitarian reasons.’’.
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(e) WAIVER FOR PARENT, SON, OR DAUGHTER.—
Section 212(d)(12) (8 U.S.C. 1182(d)(12)) is amended by
striking ‘‘or child’’ and inserting ‘‘, parent, son, or daugh-
ter’’.
(f) WAIVER OF INADMISSIBILITY UNDER SECTION
212(i).—
(1) IN
GENERAL.—Section 212(i) (8 U.S.C.
1182(i)) is amended to read as follows:
‘‘(i) The Attorney General may, in the
discretion of the Attorney General, waive
the application of subsection (a)(6) (A),
(B), (C), or (G) in the case of an immi-
grant who is the parent, spouse, son, or
daughter of a United States citizen or of
an alien lawfully admitted for permanent
residence if it is established to the satisfac-
tion of the Attorney General that the re-
fusal of admission to the United States of
such immigrant alien would result in hard-
ship to the alien or to the citizen or law-
fully resident parent, spouse, son, or
daughter of such an alien.’’.
(2) 
CONFORMING
AMENDMENT.—Section
212(a)(6) (8 U.S.C. 1182(a)(6)) is amended by add-
ing at the end the following new subparagraph:
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‘‘(H) For provision authorizing waiver of
certain subparagraphs of this paragraph, see
subsection (i).’’.
SEC. 6. CANCELLATION OF REMOVAL AND ADJUSTMENT OF
STATUS FOR CERTAIN NONPERMANENT RESI-
DENTS.
(a) IN GENERAL.—Section 240A(b)(1) (8 U.S.C.
1229b(b)(1)) is amended to read as follows:
‘‘(1) IN GENERAL.—The Attorney General may
cancel removal in the case of an alien who is inad-
missible or deportable from the United States if the
alien—
‘‘(A) has been physically present in the
United States for a continuous period of—
‘‘(i) 7 years immediately preceding the
date of application in the case of an
alien—
‘‘(I) who is removable on any
ground other than a ground specified
in clause (ii)(I); and
‘‘(II) whose deportation would, in
the opinion of the Attorney General,
result in extreme hardship to the alien
or the alien’s spouse, parent, son, or
daughter, who is a citizen of the
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United States or an alien lawfully ad-
mitted for permanent residence; or
‘‘(ii) 10 years immediately preceding
the date of application in the case of an
alien—
‘‘(I) who is removable for convic-
tion of an offense under section
212(a)(2), 237(a)(2), or 237(a)(3);
and
‘‘(II) whose deportation would, in
the opinion of the attorney General,
result in exceptional and extremely
unusual hardship to the alien or the
alien’s spouse, parent, son, or daugh-
ter, who is a citizen of the United
States or an alien lawfully admitted
for permanent residence’’; and
‘‘(B) has been a person of good moral
character during such period.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect as if included in the enact-
ment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996.
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SEC. 7. JUDICIAL REVIEW OF CERTAIN ORDERS AND DE-
TERMINATIONS.
(a) REPEALS.—The following provisions of the Act
are hereby repealed and such repeal shall apply to all cases
pending at any stage in any court as of the date of enact-
ment of this Act and to all cases brought on or after such
date:
(1) Section 242(a)(2) (8 U.S.C. 1252(a)(2)).
(2) Section 242(a)(3) (8 U.S.C. 1252(a)(3)).
(3) Section 242(b)(4) (8 U.S.C. 1252(b)(4)).
(4) Section 242(b)(7) (8 U.S.C. 1252(b)(7)).
(5) Subsections (e), (f), and (g) of section 242
(8 U.S.C. 1252).
(6) 
Section 
240(b)(5)(D) 
(8 
U.S.C.
1229a(b)(5)(D)).
(7) Section 240B(f) (8 U.S.C. 1229c(f)).
(8) Section 208(a)(3) (8 U.S.C. 1158(a)(3)).
(9) 
Section 
208(b)(2)(D) 
(8 
U.S.C.
1158(b)(2)(D)).
(10) Section 208(d)(7) (8 U.S.C. 1158(d)(7)).
(b) AMENDMENTS
RELATING
TO
JUDICIAL
RE-
VIEW.—
(1) IN
GENERAL.—(A) Section 242(a)(1) (8
U.S.C. 1252(a)(1)) is amended—
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(i) by striking ‘‘(other than an order of re-
moval without a hearing pursuant to section
235(b)(1))’’; and
(ii) by striking ‘‘and except that the court
may not order the taking of additional evidence
under section 2347(c) of such title’’.
(B) Section 242(b)(2) (8 U.S.C. 1252(b)(2)) is
amended in the first sentence by striking ‘‘judge
completed the proceedings’’ and inserting ‘‘pro-
ceedings were conducted in whole or in part, or in
the judicial circuit in which lies the residence of the
petitioner as defined in this Act, but not in more
than one judicial circuit’’.
(C) 
Section 
242(b)(3)(B) 
(8 
U.S.C.
1252(b)(3)(B)) is amended—
(i) by striking ‘‘does not’’ and inserting
‘‘shall’’; and
(ii) by striking ‘‘, unless the court orders
otherwise’’.
(D) Section 242(b)(9) (8 U.S.C. 1252(b)(9)) is
amended by striking ‘‘any action taken or pro-
ceeding brought to remove an alien from the United
States’’ and inserting ‘‘a challenge to a final admin-
istrative order of removal’’.
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(E) 
Sections 
212(d)(12) 
(8 
U.S.C.
1182(d)(12)), 
212(h) 
(8 
U.S.C. 
1182(h)),
237(a)(3)(C)(ii) (8 U.S.C. 1227(a)(3)(C)(ii)), and
240B(e) (8 U.S.C. 1229c(e)) are amended by strik-
ing the last sentence of each.
(F) Section 279 (8 U.S.C. 1329) is amended—
(i) by striking ‘‘brought by the United
States that arise under’’ and inserting ‘‘arising
under any’’; and
(ii) by striking the last sentence.
(G) 
Section 
245A(f)(4)(A) 
(8 
U.S.C.
1255a(f)(4)(A)) is amended by striking ‘‘106’’ and
inserting ‘‘242’’.
(2) APPLICATION OF THE AMENDMENT.—The
amendments made by paragraph (1) shall apply to
all cases pending at any stage in any court as of the
date of enactment.
(c) REPEALS OF TRANSITIONAL CHANGES IN JUDI-
CIAL REVIEW.—Subparagraphs (B), (E), (F), and (G) of
section 309(c)(4) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Pub-
lic Law 104–208) are hereby repealed, and such repeal
shall apply to all cases pending at any stage in any courts
as of the date of enactment of this Act and to all cases
brought on or after such date.