I 
109TH CONGRESS 
2D SESSION 
H. R. 4848 
To provide for permanent resident status for any alien orphan physically 
present in the United States who is less than 12 years of age and 
to provide for deferred enforced departure status for any alien physically 
present in the United States who is the natural and legal parent of 
a child born in the United States who is less than 18 years of age. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 2, 2006 
Mr. OWENS introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To provide for permanent resident status for any alien or-
phan physically present in the United States who is 
less than 12 years of age and to provide for deferred 
enforced departure status for any alien physically present 
in the United States who is the natural and legal parent 
of a child born in the United States who is less than 
18 years of age. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Alien Child Protection 
and Deferred Enforced Departure Family Unity Act of 
2006’’. 
SEC. 2. PERMANENT RESIDENT STATUS FOR ANY ALIEN OR-
PHAN WHO IS PHYSICALLY PRESENT IN THE 
UNITED STATES AND IS LESS THAN 12 YEARS 
OF AGE. 
(a) ADJUSTMENT OF STATUS.— 
(1) IN
GENERAL.—Notwithstanding section 
245(c) of the Immigration and Nationality Act, the 
status of any alien described in subsection (b) shall 
be adjusted by the Attorney General to that of an 
alien lawfully admitted for permanent residence, if 
the alien— 
(A) applies for such adjustment; and 
(B) is otherwise eligible to receive an im-
migrant visa and is otherwise admissible to the 
United States for permanent residence, except 
in determining such admissibility the grounds 
for inadmissibility specified in paragraphs (4), 
(6)(A), (7)(A), and (9) of section 212(a) of the 
Immigration and Nationality Act shall not 
apply. 
(2) RELATIONSHIP OF APPLICATION TO CER-
TAIN
ORDERS.—An alien present in the United 
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States who has been ordered excluded, deported, re-
moved, or ordered to depart voluntarily from the 
United States under any provision of the Immigra-
tion and Nationality Act may, notwithstanding such 
order, apply for adjustment of status under para-
graph (1). Such an alien may not be required, as a 
condition on submitting or granting such applica-
tion, to file a motion to reopen, reconsider, or vacate 
such order. If the Attorney General grants the appli-
cation, the Attorney General shall cancel the order. 
If the Attorney General renders a final administra-
tive decision to deny the application, the order shall 
be effective and enforceable to the same extent as if 
the application had not been made. 
(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA-
TUS.—The benefits provided by subsection (a) shall apply 
to any alien who— 
(1) at the time of application has not attained 
the age of 12 years; 
(2) is physically present in the United States; 
and 
(3) has no living legally-recognized parent. 
(c) STAY OF REMOVAL.— 
(1) IN GENERAL.—The Attorney General shall 
provide by regulation for an alien subject to a final 
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order of deportation or removal or exclusion to seek 
a stay of such order based on the filing of an appli-
cation under subsection (a). 
(2) DURING CERTAIN PROCEEDINGS.—Notwith-
standing any provision of the Immigration and Na-
tionality Act, the Attorney General shall not order 
any alien to be removed from the United States, if 
the alien is in exclusion, deportation, or removal pro-
ceedings under any provision of such Act and raises 
as a defense to such an order the eligibility of the 
alien to apply for adjustment of status under sub-
section (a), except where the Attorney General has 
rendered a final administrative determination to 
deny the application. 
(d) AVAILABILITY OF ADMINISTRATIVE REVIEW.— 
The Attorney General shall provide to applicants for ad-
justment of status under subsection (a) the same right to, 
and procedures for, administrative review as are provided 
to— 
(1) applicants for adjustment of status under 
section 245 of the Immigration and Nationality Act; 
or 
(2) aliens subject to removal proceedings under 
section 240 of such Act. 
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(e) NO OFFSET IN NUMBER OF VISAS AVAILABLE.— 
When an alien is granted the status of having been law-
fully admitted for permanent residence pursuant to this 
section, the Secretary of State shall not be required to re-
duce the number of immigrant visas authorized to be 
issued under any provision of the Immigration and Na-
tionality Act. 
(f) APPLICATION
OF IMMIGRATION
AND NATION-
ALITY ACT PROVISIONS.—Except as otherwise specifically 
provided in this Act, the definitions contained in the Immi-
gration and Nationality Act shall apply in the administra-
tion of this section. Nothing contained in this Act shall 
be held to repeal, amend, alter, modify, effect, or restrict 
the powers, duties, functions, or authority of the Attorney 
General in the administration and enforcement of such 
Act or any other law relating to immigration, nationality, 
or naturalization. The fact that an alien may be eligible 
to be granted the status of having been lawfully admitted 
for permanent residence under this section shall not pre-
clude the alien from seeking such status under any other 
provision of law for which the alien may be eligible. 
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