I
107TH CONGRESS
1ST SESSION
H. R. 500
To revise various provisions of the Immigration and Nationality Act.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 7, 2001
Mr. GUTIERREZ introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To revise various provisions of the Immigration and
Nationality Act.
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 TO IMMIGRATION
AND NATIONALITY ACT.
(a) SHORT TITLE.—This Act may be cited as the
‘‘U.S. Employee, Family Unity, and Legalization Act’’.
(b) REFERENCES
TO IMMIGRATION
AND NATION-
ALITY ACT.—Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed
in terms of an amendment to, or repeal of, a section or
other provision, the reference shall be considered to be
made to a section or other provision of the Immigration
and Nationality Act.
SEC. 2. CHANGE OF ENTRY DATE INTO THE UNITED STATES
FOR PURPOSES OF A RECORD OF ADMISSION
FOR PERMANENT RESIDENCE FOR CERTAIN
ALIENS.
(a) IN GENERAL.—Section 249 (8 U.S.C. 1259) is
amended—
(1) in the section heading, by striking ‘‘JANU-
ARY 1, 1972’’ and inserting ‘‘FEBRUARY 6, 1996’’; and
(2) in subsection (a), by striking ‘‘January 1,
1972;’’ and inserting ‘‘February 6, 1996;’’.
(b) CLERICAL AMENDMENT.—The table of sections
is amended in the item relating to section 249 by striking
‘‘who entered the United States prior to January 1,
1972’’.
(c) EXTENSION OF DATE OF REGISTRY.—
(1) PERIOD BEGINNING JANUARY 1, 2003.—Be-
ginning on January 1, 2003, section 249 (8 U.S.C.
1259) is amended by striking ‘‘February 6, 1996’’
each place it appears and inserting ‘‘February 6,
1997’’.
(2) PERIOD BEGINNING JANUARY 1, 2004.—Be-
ginning on January 1, 2004, section 249 is amended
by striking ‘‘February 6, 1997’’ each place it ap-
pears and inserting ‘‘February 6, 1998’’.
(3) PERIOD BEGINNING JANUARY 1, 2005.—Be-
ginning on January 1, 2005, section 249 is amended
by striking ‘‘February 6, 1998’’ each place it ap-
pears and inserting ‘‘February 6, 1999’’.
(4) PERIOD BEGINNING JANUARY 1, 2006.—Be-
ginning on January 1, 2006, section 249 is amended
by striking ‘‘February 6, 1999’’ each place it ap-
pears and inserting ‘‘February 6, 2000’’.
(5) PERIOD BEGINNING JANUARY 1, 2007.—Be-
ginning on January 1, 2007, section 249 is amended
by striking ‘‘February 6, 2000’’ each place it ap-
pears and inserting ‘‘February 6, 2001’’.
(d) VIOLATIONS INCIDENTAL TO UNDOCUMENTED
STATUS AND CONFIDENTIALITY OF INFORMATION.—Sec-
tion 249 is further amended—
(1) by redesignating paragraphs (a), (b), (c),
and (d) as paragraphs (1), (2), (3), and (4), respec-
tively;
(2) by inserting ‘‘(a)’’ after ‘‘249.’’; and
(3) by adding at the end the following new sub-
sections:
‘‘(b) VIOLATIONS INCIDENTAL TO UNDOCUMENTED
STATUS.—
‘‘(1) IMPACT OF VIOLATIONS INCIDENTAL TO
LEGAL STATUS.—
‘‘(A) Violations of the provisions listed in
paragraph (B) shall not adversely affect an ap-
plication for an immigration benefit or status
under this Act.
‘‘(B) The provisions referred to in sub-
paragraph (A) are section 274C of the Immi-
gration and Nationality Act, sections 1001 and
1546 of title 18, United States Code, and sec-
tions 408(a)(6) and 408(a)(7) of title 42,
United States Code.
‘‘(2) APPLICABILITY OF GROUND OF INADMIS-
SIBILITY.—The grounds of inadmissibility specified
in paragraph (6)(F) of section 212(a) shall not
apply to an application for an immigration benefit or
status under this Act.
‘‘(c) CONFIDENTIALITY OF INFORMATION.—
‘‘(1) Neither the Attorney General, nor any
other official or employee of the Department of Jus-
tice, or any bureau or agency thereof, may—
‘‘(A) use the information furnished pursu-
ant to an application filed under this section for
any purpose other than to make a determina-
tion on the application or for enforcement of
subsection (d);
‘‘(B) make any publication whereby the in-
formation furnished by any particular individual
can be identified, or
‘‘(C) permit anyone other than the sworn
officers and employees of the Department or
bureau or agency or, with respect to applica-
tions filed with a designated entity, that des-
ignated entity, to examine individual applica-
tions.
‘‘(2) Anyone who uses, publishes, or permits in-
formation to be examined in violation of paragraph
(1) shall be fined in accordance with title 18, United
States Code, or imprisoned not more than five years,
or both.
‘‘(d) PENALTIES FOR FALSE STATEMENTS IN APPLI-
CATIONS.—Whoever files an application for adjustment of
status under this section and knowingly and willfully fal-
sifies, misrepresents, conceals, or covers up a material fact
or makes any false, fictitious, or fraudulent statements or
representations, or makes or uses any false writing or doc-
ument knowing the same to contain any false, fictitious,
or fraudulent statement or entry, shall be fined in accord-
ance with title 18, United States Code, or imprisoned not
more than five years, or both.’’.
(e) CORRECTION OF SOCIAL SECURITY RECORDS.—
Section 208(d)(1) of the Social Security Act (42 U.S.C.
408(d)(1)) is amended—
(1) in subparagraph (B), by inserting after
clause (ii) the following new clause:
‘‘(iii) pursuant to the ‘‘U.S. Em-
ployee, Family Unity, and Legalization
Act, or’’; and
(2) in subparagraph (C), by striking ‘‘60 days
after the date of enactment of the Omnibus Budget
Reconciliation Act of 1990,’’ and inserting ‘‘the date
the alien obtains lawful permanent resident status or
within 60 days after the alien obtains such status.’’.
SEC. 3. ELIMINATION OF RETROACTIVE APPLICATION OF
CERTAIN PROVISIONS OF THE IMMIGRATION
AND NATIONALITY ACT.
(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.
For purposes of determining eligibility for such relief, such
alien shall be credited with any periods of residency in the
United States that the alien has accrued without regard
to whether or not the residency occurred after the commis-
sion of the offense or service of a notice to appear under
section 239(a).’’.
(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
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 the subsection (p) added
by section 1505(f) of P.L. 106–386 (114 Stat.
1526) as a subsection (s); and
(2) by adding at the end the following new sub-
section:
‘‘(t)(1) Notwithstanding any other provision of this
section, an alien is not inadmissible by reason of commit-
ting any offense that was not a ground of inadmissibility
on the date the offense occurred.
‘‘(2) 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),
shall be eligible for the relief available (including any waiv-
er of inadmissibility) at the time the application 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 remov-
able, on or after April 1, 1997, as the case may be.
(2) ANTITERRORISM
AND
EFFECTIVE
DEATH
PENALTY ACT OF 1996.—Notwithstanding any other
provision of law, title IV of the Antiterrorism and
Effective Death Penalty Act of 1996, and the
amendments made by that title, shall only apply to
persons seeking admission, or who become remov-
able, on or after April 24, 1996.
(3) REINSTATEMENT OF REMOVAL ORDERS.—
Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is repealed,
and such repeal shall apply to all proceedings pend-
ing at any stage as of the date of enactment of this
Act and to all cases brought on or after such date.
SEC. 4. RESTORATION OF PROPORTIONALITY TO GROUNDS
OF REMOVAL.
(a) DEFINITION OF CRIMES INVOLVING MORAL TUR-
PITUDE.—Section 
237(a)(2)(A)(i) 
(8 
U.S.C.
1227(a)(2)(A)(i)) is amended to read as follows:
‘‘(i) CRIMES OF MORAL TURPITUDE.—Any
alien who is convicted of a crime involving
moral turpitude committed within five years
after the date of admissions (or 10 years in the
case of an alien provided lawful permanent resi-
dence status under section 245(j)) for which the
alien is confined in a prison or correctional in-
stitution for more than one year, is deport-
able.’’.
(b) DEFINITION OF AGGRAVATED FELONY.—Section
101(a)(43) (8 U.S.C. 1101(a)(43)) is amended—
(1) in subparagraphs (F), (G), (J), (R), and
(S), by striking ‘‘one year’’ each place it appears
and inserting ‘‘five years’’;
(2) 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 com-
mercial advantage.’’;
(3) 
in 
subparagraph 
(P)(ii) 
(8 
U.S.C.
1101(a)(43)(P)(ii)), by striking ‘‘child’’ and insert-
ing ‘‘son or daughter’’;
(4) in subparagraph (T), by striking ‘‘2 years’ ’’
and inserting ‘‘5 years’ ’’; and
(5) 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.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section 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 guilty plea or other record of guilt or conviction
that has been expunged, dismissed, canceled, vacated, dis-
charged or otherwise removed, or any Federal, State, or
foreign deferred adjudication, adjudication of guilt with-
held, order of probation without entry of judgment, or
similar disposition.’’.
(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 imprisonment or a
sentence with respect to an offense is deemed to include
the period of incarceration or confinement ordered by a
court of law excluding any period of the suspension of the
imposition 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
(C) by redesignating clause (iii) as clause
(ii).
SEC. 5. ELIMINATION OF PROHIBITION ON ADMISSION FOR
ALIENS 
WHO 
HAVE 
BEEN 
UNLAWFULLY
PRESENT IN THE UNITED STATES.
(a) IN GENERAL.—Section 212(a)(9) (8 U.S.C.
1182(a)(9)) is amended—
(1) by striking subparagraph (B); and
(2) by redesignating subparagraph (C) as sub-
paragraph (B).
(b) CONFORMING AMENDMENTS.—Section 248 (8
U.S.C. 1258) is amended by striking ‘‘and who is not in-
admissible under section 212(a)(9)(B)(i) (or whose inad-
missibility under such section is waived under section
212(a)(9)(B)(v))’’.
SEC. 6. VISA FOR CERTAIN SPOUSES AND CHILDREN OF
CITIZENS AND PERMANENT RESIDENTS TEM-
PORARILY WAITING FOR VISA NUMBERS.
(a) IN GENERAL.—Section 101(a)(15)(V) (8 U.S.C.
1101(a)(15)(V)) is amended to read as follows:
‘‘(V) subject to section 214(o), an alien (other
than one coming for the purpose of study or of per-
forming skilled or unskilled labor or as a representa-
tive of foreign press, radio, film, or other foreign in-
formation media coming to engage in such vocation)
who is the beneficiary of a petition approved
under—
‘‘(i) section 204 (excluding the provisions
of such section referred to in clause (ii)) for
classification by reason of a relationship de-
scribed in section 203(a)(2)(A) with an alien
lawfully admitted for permanent residence, who
is awaiting the availability of an immigrant visa
based upon such approval, and who seeks to
enter the United States to achieve family unity
by joining the permanent resident alien in the
United States; or
‘‘(ii) clause (iii), (iv), or (v) of section
204(a)(1)(A) or clause (ii), (iii), or (iv) of sec-
tion 204(a)(1)(B) and who is awaiting the
availability of an immigrant visa based upon
such approval.’’.
(b) CONFORMING AMENDMENTS.—Section 214 (8
U.S.C. 1184) is amended—
(1) by redesignating the subsections (o) and (p)
added by sections 1102(b) and 1103(b), respectively,
of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appro-
priations Act, 2001, as enacted into law by section
1(a)(2) of P.L. 106–553 as subsections (p) and (q);
and
(2) in subsection (p) (as so redesignated)—
(A) in paragraph (1)(B)(i), by striking
‘‘under section 203(a)(2)(A)’’ each place such
term appears;
(B) by striking paragraph (2) and redesig-
nating paragraph (3) as paragraph (2); and
(C) in paragraph (2)(C) (as so redesig-
nated), by striking ‘‘(6)(A), (7), and (9)(B)’’
and inserting ‘‘(6)(A) and (7)’’.
SEC. 7. TASK FORCE ON IMMIGRANT EXPLOITATION.
There shall be established a national task force on
the exploitation of and trafficking in immigrants. The task
force shall consist of Federal and State law enforcement
officers appointed by the Secretary of Labor and the Sec-
retary of State. The Secretary of Labor shall be the Chair
of the task force. The purpose of the task force shall be
to create a coordinated and aggressive national and state
policy to end the exploitation of and trafficking in immi-
grants. The task force shall develop and recommend to
the President coordinated Federal and State law enforce-
ment efforts for the elimination of employment abuses
against immigrant workers.
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