I
107TH CONGRESS
1ST SESSION
H. R. 1563
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
APRIL 24, 2001
Ms. JACKSON-LEE of Texas (for herself and Mr. SERRANO) introduced the
following bill; which was referred to the Committee on 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 2001’’.
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