I 
109TH CONGRESS 
1ST SESSION 
H. R. 251
To assist aliens who were transplanted to the United States as children 
in continuing their education and otherwise integrating into American society. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 6, 2005
Ms. JACKSON-LEE of Texas introduced the following bill; which was referred 
to the Committee on the Judiciary 
A BILL 
To assist aliens who were transplanted to the United States 
as children in continuing their education and otherwise 
integrating into American society.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preserving Educational 
Opportunities for Immigrant Children Act of 2005’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Many children are brought to the United 
States at a very young age by parents or other
adults to accompany them during the adults’ stay in 
the United States. 
(2) In many such instances, parents or other 
adults traveling to the United States enter and or 
remain in this country without benefit of inspection 
or authorization to be present in the United States. 
(3) Many children brought to the United States 
by parents or other adults arrive in this country 
without the ability to make independent decisions 
about where they wish to live. Once in the United 
States, many such children also are incapable of 
independent living. 
(4) Because of the early age at which many 
children arrive in the United States, as they become 
older, they become fully integrated into American 
life, learning English and either losing or never ac-
quiring the language of their native country. At the 
same time, many lose all ties to relatives in their 
country of origin or previous country of habitual res-
idence. 
(5) Many such children attend public elemen-
tary and secondary schools in the United States. 
Often, they excel in academics and contribute to 
both their communities and the families with whom 
they live.
(6) Current United States immigration laws do 
not provide the Attorney General with adequate 
flexibility to take into account the special humani-
tarian circumstances in which such transplanted 
alien children live. Consequently, such children are 
in danger of being removed to a country they do not 
know, an eventuality that would cause enormous dis-
ruptions in their lives and in the lives of their loved 
ones. 
(7) Current immigration laws effectively pre-
clude States and units of local government from pro-
viding such children access to State systems of high-
er education. Consequently, many such children can-
not continue their education upon graduating from 
high school. 
(b) PURPOSES.—The purposes of this Act are—
(1) to provide for aliens who, through no fault 
of their own, were brought to the United States as 
children, opportunities to regularize their status in 
the United States, attend college, and become con-
tributing members of their communities in this coun-
try; and 
(2) to repeal certain legislative barriers that im-
pede the ability of such aliens to become fully inte-
grated into United States society.
SEC. 3. DEFINITIONS. 
(a) TRANSPLANTED CHILD.—As used in this Act, the 
term, ‘‘transplanted child’’ means an alien who is de-
scribed in section 101(a)(51) of the Immigration and Na-
tionality Act (as amended by subsection (b) of this Act). 
(b) AMENDMENT TO THE IMMIGRATION AND NA-
TIONALITY ACT.—Section 101(a) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)) is amended by adding 
at the end the following new paragraph: 
‘‘(51) The term ‘transplanted child’ means an 
alien who has been granted cancellation of removal 
under section 240A(b)(3) or who has pending before 
the Attorney General an application for cancellation 
of removal under such section.’’. 
SEC. 4. RESTORATION OF STATE FLEXIBILITY IN PRO-
VIDING IN-STATE TUITION FOR COLLEGE-AGE 
ALIEN CHILDREN. 
(a) RESTORATION.—The Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (division C of 
Public Law 104–208; 8 U.S.C. 1623) is amended by strik-
ing section 505. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply to postsecondary education benefits 
provided on or after July 1, 1998.
SEC. 5. ELIGIBILITY OF TRANSPLANTED CHILDREN FOR 
PUBLIC BENEFITS. 
Section 431(b) of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
1641(b)) is amended—
(1) at the end of paragraph (6), by striking ‘‘; 
or’’ and inserting a semicolon; 
(2) at the end of paragraph (7), by striking the 
period and inserting ‘‘; or’’; and 
(3) by adding after paragraph (7) the following 
new paragraph: 
‘‘(8) an alien who is a transplanted child, as de-
fined in section 101(a)(51) of the Immigration and 
Nationality Act.’’. 
SEC. 6. AUTHORITY OF ATTORNEY GENERAL TO ADJUST 
STATUS OF CERTAIN CHILDREN. 
(a) IN GENERAL.—Section 240A(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1229b(b)) is amended 
by—
(1) redesignating paragraph (3) as paragraph 
(4); and 
(2) inserting after paragraph (2) the following 
new paragraph: 
‘‘(3) SPECIAL RULE FOR ALIENS BROUGHT TO 
THE UNITED STATES AS CHILDREN.—