I
105TH CONGRESS
1ST SESSION
H. R. 2442
To amend the Immigration and Nationality Act to clarify the relief available
under current law, and to provide additional relief and procedural rights
for certain aliens who would otherwise be ineligible for such procedural
rights.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 9, 1997
Mrs. MEEK of Florida introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to clarify
the relief available under current law, and to provide
additional relief and procedural rights for certain aliens
who would otherwise be ineligible for such procedural
rights.
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 ‘‘Fairness for Immi-
grants Facing Persecution in Their Native Country Act
of 1997’’.
SEC. 2. (a) Section 240A, subsection (e), of the Im-
migration and Nationality Act is amended—
(1) in the first sentence, by striking ‘‘this sec-
tion’’ and inserting in lieu thereof ‘‘section
240A(b)(1)’’;
(2) by striking ‘‘, nor suspend the deportation
and adjust the status under section 244(a) (as in ef-
fect before the enactment of the Illegal Immigration
Reform and Immigrant Responsibility act of
1996),’’; and
(3) by striking the last sentence in the sub-
section and inserting in lieu thereof ‘‘The previous
sentence shall apply only to removal cases com-
menced on or after April 1, 1997, including cases
where the Attorney General exercises authority pur-
suant to paragraph (2) or (3) of section 309(c) of
the Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (P.L. 104–208, Division C,
110 Stat. 3009).’’.
(b) Section 309, subsection (c), of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996
(P.L. 104–208, Division C, 110 Stat. 3009) is amended
by striking paragraph (7).
(c) Section 240A of the Immigration and Nationality
Act is amended—
(1) in subsection (b), paragraph (3), by striking
‘‘(1) or (2)’’ in the first and third sentences of that
paragraph and inserting in lieu thereof ‘‘(1), (2), or
(3)’’;
(2) in subsection (b), by redesignating para-
graph (3) as paragraph (4);
(3) in subsection (d), paragraph (1), by striking
‘‘this section.’’ and inserting in lieu thereof ‘‘sub-
sections (a), (b)(1), and (b)(2).’’; and
(4) in subsection (b), by adding after paragraph
(2) the following new paragraph:
‘‘(3) SPECIAL RULE FOR CERTAIN ALIENS.—
‘‘(A) The Attorney General may, in his or
her discretion, cancel removal and adjust the
status from such cancellation in the case of an
alien who is removable from the United States
if the alien demonstrates that—
‘‘(i) the alien has not been convicted
at any time of an aggravated felony, and—
‘‘(I) is a Haitian—
‘‘(aa) who filed an applica-
tion for asylum with the Immi-
gration and Naturalization Serv-
ice before October 15, 1994, and
the Immigration and Naturaliza-
tion Service had not granted, de-
nied, or referred that application
as of April 1, 1997; or
‘‘(bb) who was paroled into
the United States prior to Octo-
ber 15, 1994, to file an applica-
tion for asylum;
‘‘(II) was not apprehended after
December 19, 1990, at the time of
entry, and is either—
‘‘(aa) a Salvadoran national
who first entered the United
States on or before September
19, 1990, who registered for ben-
efits pursuant to the ABC settle-
ment agreement on or before Oc-
tober 31, 1991, or applied for
Temporary Protected Status on
or before October 31, 1991; or
‘‘(bb) a Guatemalan national
who first entered the United
States on or before October 1,
1990, and who registered for
benefits pursuant to the ABC