I
107TH CONGRESS
2D SESSION
H. R. 4503
To amend the Immigration and Nationality Act in regard to Caribbean-
born immigrants.
IN THE HOUSE OF REPRESENTATIVES
APRIL 18, 2002
Mr. ENGEL introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To amend the Immigration and Nationality Act in regard
to Caribbean-born immigrants.
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 ‘‘Caribbean Amnesty
and Relief Act’’.
TITLE I—CLARIFICATION OF ELI-
GIBILITY FOR RELIEF FROM
REMOVAL AND DEPORTATION
FOR CERTAIN ALIENS
SEC. 101. ADJUSTMENT OF STATUS OF CERTAIN CARIB-
BEANS.
(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 before
April 1, 2003; 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),
(5), (6)(A) and (7)(A) 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
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 of submitting or granting such application,
to file a separate motion to reopen, reconsider, or
vacate such an order. If the Attorney General grants
the application, the Attorney General shall cancel
the order. If the Attorney General renders a final
administrative 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.—
(1) IN
GENERAL.—The benefits provided by
subsection (a) shall apply to any alien who is a na-
tional of countries of the Caribbean and who has
been physically present in the United States for a
continuous period, beginning not later than Sep-
tember 30, 1996 and ending earlier than the date
the application for adjustment under such subsection
is filed, except an alien shall not be considered to
have failed to maintain continuous physical presence
by reason of an absence, or absences, from the
United States for any periods in the aggregate not
exceeding 180 days.
(2) PROOF
OF
COMMENCEMENT
OF
CONTIN-
UOUS PRESENCE.—For purposes of establishing that
the period of continuous physical presence referred
to in paragraph (1) commenced not later than Sep-
tember 30, 1996, an alien—
(A) shall demonstrate that the alien, prior
to September 30, 1996 performed service, or
engaged in a trade or business, within the
United States; or
(B) shall make such other demonstration
of physical presence as the Attorney General
may provide for by regulation.
(c) STAY OF REMOVAL; WORK AUTHORIZATION.—
(1) IN GENERAL.—The Attorney General shall
provide by regulation for an alien subject to a final
order of deportation or removal to seek a stay of
such order based on the filing of an application
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 an Act and has
applied for adjustment of status under subsection
(a), except where the Attorney General has rendered
a final administrative determination to deny the ap-
plication.
(3) WORK
AUTHORIZATION.—The Attorney
General may authorize an alien who has applied for
adjustment of status under subsection (a) to engage
in employment in the United States during the
pendency of such application and may provide the
alien with an ‘‘employment authorization’’ endorse-
ment or other appropriate document signifying au-
thorization of employment, except that if such appli-
cation is pending for a period exceeding 180 days,
and has not been denied, the Attorney General shall
authorize such employment.
(d) ADJUSTMENT
OF STATUS
FOR STATUS
FOR
SPOUSES AND CHILDREN.—
(1) IN
GENERAL.—Notwithstanding section
245(c) of the Immigration and Nationality Act, the
status of an alien shall be adjusted by the Attorney
General to that of an alien lawfully admitted for per-
manent residence, if—
(A) the alien is a national of a Caribbean
country;
(B) the spouse, child, or unmarried son or
daughter, of an alien whose status is adjusted
to that of an alien lawfully admitted for perma-
nent residence under subsection (a), except that
in the case of such an unmarried son or daugh-
ter, the son or daughter shall be required to es-
tablish that they have been physically present in
the United States for a continuous period, be-
ginning not later than December 1, 1995, and
ending not earlier than the date the application
for adjustment is filed;
(C) the alien applies for such adjustment
and is physically present in the United States
on the date the application is filed;
(D) the alien is otherwise eligible to receive
an immigrant visa and is otherwise admissible
to the United States for permanent residence,
except in determining such admissibility the
grounds for exclusion specified in paragraphs
(4), (5), (6)(A), and (7)(A) of section 212(a) of
the Immigration and Nationality Act shall not
apply; and
(E) applies for such adjustment before
April 1, 2003.
(2) PROOF OF CONTINUOUS PRESENCE.—For
purposes of establishing the period of continuous
physical presence referred to in paragraph (1)(B),
an alien—
(A) shall demonstrate that such period
commenced not later than December 1, 1995,
in a manner consistent with subsection (b)(2);
and
(B) shall not be considered to have failed
to maintain continuous physical presence by
reason of an absence, or absences, from the
United States for any period in the aggregate
not exceeding 180 days.
(e) 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.
(f) LIMITATION
ON JUDICIAL REVIEW.—A deter-
mination by the Attorney General as to whether the status
of any alien should be adjusted under this section is final
and shall not be subject to review by any court.
(g) 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 the State shall not be required
to reduce the number of immigrant visas authorized to be
issued under any provision of the Immigration and Na-
tionality Act.
(h) APPLICATION
OF IMMIGRATION
AND NATION-
ALITY ACT PROVISIONS.—Except as otherwise specifically
provided in this section, the definitions contained in the
Immigration and Nationality Act shall apply in the admin-
istration of this section. Nothing contained in this section
shall be held to repeal, amend, alter, modify, affect, 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, na-
tionality, 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 preclude the alien from seeking such status under any
other provision of law for which the alien may be eligible.
TITLE II—VISA FAIRNESS
COMMISSION
SEC. 201. ESTABLISHMENT.
There is established in the Immigration and Natu-
ralization Service a commission to be known as the Visa
Fairness Commission (hereafter in this title referred to
as the ‘‘Commission’’.)
SEC. 202. DUTIES.
(a) DATA COLLECTION.—The Commission, in con-
sultation with the Director of the Immigration and Natu-
ralization Service, shall gather empirical data on economic
and racial profiling by the Consular Affairs office in Amer-
ican embassies and by Customs and immigration inspec-
tors at US points of entry. In carrying out the preceding
sentence, the Commission and the Director shall, to the
extent practicable, avoid duplication of administration ef-
forts.
(b) IN GENERAL.—Section 376 of the Immigration
and Nationality Act (8 U.S.C. 1351) is amended by add-
ing in subsection (a) the following:
‘‘(3) FEE
WAIVER—The Secretary of State
shall waive the visa fee for those who can prove in
forma pauperis status.’’.
SEC. 203. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Commission
shall be composed of 15 members appointed by the Direc-
tor of the INS. Members on the Commission shall be
broadly representative of the ethnic, religious, majority
and minority groups comprising the United States.
(b) WAIVER OF LIMITATION ON EXECUTIVE SCHED-
ULE POSITIONS.—Appointments may be made under this
section without regard to section 5311(b) of title 5, United
States Code.
(c) POLITICAL AFFILIATION.—Not more than 8
members appointed maybe of the same political party.
(d) TERMS.—
(1) IN GENERAL.—Each member shall be ap-
pointed for a term of two years, except as provided.
(e) BASIC PAY.—
(1) RATES
OF
PAY.—Except as provided in
paragraph (2), member shall serve without pay.
(2) PROHIBITION OF COMPENSATION OF FED-
ERAL
EMPLOYEES.—Members of the Commission
who are full-time officers or employees of the United
States may not receive additional pay, allowances, or
benefits by reason of their services on the Commis-
sion.
(f) TRAVEL EXPENSES.—Each member shall receive
travel expenses, including per diem in lieu of subsistence,
in accordance with sections 5702 and 5703 of title 5,
United States Code.
(g) QUORUM.—Eight members of the Commission
shall constitute a quorum but a lesser number may hold
hearings.
(h) CHAIRMAN; VICE CHAIRMAN.—The Chairman
and Vice Chairman of the Commission shall be designated
by the Director of the INS at the time of the appointment.
(i) MEETINGS.—The Commission shall meet at the
call of the Chairman or a majority of its members.
SEC. 204. DIRECTOR AND STAFF OF COMMISSION; EXPERTS
AND CONSULTANTS.
(a) DIRECTOR.—The Commission shall, without re-
gard to section 5311(b) of title 5, United States Code,
have a Director who shall be appointed by the Commis-
sion. The Director shall be paid at a rate not to exceed
the rate of basic pay payable for level V of the Executive
Schedule.
(b) STAFF.—Subject to rules prescribed by the Com-
mission, and without regard to section 5311(b) of title 5,
United States Code, the Director may appoint additional
personnel as the Director considers appropriate.
(c) APPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—The Director and staff of the Commission shall
be appointed subject to the provisions of title 5, United
State Code, governing appointments in the competitive
service, and shall be paid in accordance with the provisions
of chapter 51 and subchapter III of chapter 53 of that
title relating to classification and General Schedule pay
rates.
(d) EXPERTS AND CONSULTANTS.—Subject to rules
prescribed by the Commission, the Director may procure
temporary and intermittent services under section 3109(b)
of title 5, United States Code, but at rates for individuals
not to exceed the daily equivalent of the rate basic pay
payable for level V of the Executive Schedule.
(e) STAFF OF FEDERAL AGENCIES.—Upon request
of the Director, the head of any Federal department or
agency may detail, on a reimbursable basis, any of the
personnel of that department or agency to the Commission
to assist it in carrying out its duties under this Act.
SEC. 205. POWERS OF COMMISSION.
(a) HEARINGS
AND SESSIONS.—The Commission
may, for the purpose of carrying out this Act, hold hear-
ings, sit and act at times and places, take testimony, and
receive evidence as the Commission considers appropriate.
The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission may, if authorized by the
Commission take any action which the Commission is au-
thorized to take by this section.
(c) OBTAINING OFFICIAL DATA.—The Commission
may secure directly from any department or agency of the
United States information necessary to enable it to carry
out this Act. Upon request of the Chairman or Vice Chair-
man of the Commission, the head of the department or
agency shall furnish that information to the Commission,
the head of that department or agency shall furnish that
information to the Commission.
(d) GIFTS, BEQUESTS, AND DEVISES.—The Commis-
sion may accept, use, and dispose of gifts, bequests, or
devises of services or property, both real and personal, for
the purpose of aiding or facilitating the work of the Com-
mission. Gifts, bequests, or devises of money and proceeds
from sales of other property received as gifts, bequests,
or devises shall be deposited in the Treasury and shall be
available for disbursement upon order of the Chairman.
(e) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other departments and agencies of the United
States.
(f) ADMINISTRATIVE SUPPORT SERVICES.—Upon the
request of the Commission, the Administrator of General
Services shall provide to the Commission, on a reimburs-
able basis, the administrative support services necessary
for the Commission to carry out its responsibilities under
the Act.
(g) SUBPOENA POWER.—
(1) IN GENERAL.—The Commission may issue
subpoenas requiring the attendance and testimony of
witnesses and the production of any evidence relat-
ing to any matter under investigation by the Com-
mission. The attendance of witnesses and the pro-
duction of evidence may be required from any place
within the United States at any designated place of
hearing within the United States.
(2) FAILURE TO OBEY A SUBPOENA.—If a per-
son refuses to obey a subpoena issued under para-
graph (1), the Commission may apply to a United
States district court for an order requiring that per-
son to appear before the Commission to give testi-
mony, produce evidence, or both, relating to the
matter under investigation. The application may be
made within the judicial district where the hearing
is conducted or where that person is found, resides,
or transacts business any failure to obey the order
of the court may be punished by the court as civil
contempt.
(3) SERVICE OF SUBPOENAS.—The subpoenas
of the Commission shall be served in the manner
provided for subpoenas issued by a United States
district court under the Federal Rules of Civil Pro-
cedure for the United States district courts.
(4) SERVICE OF PROCESS.—All process of any
court to which application is be made under para-
graph (2) may be served in the judicial district in
which the person required to be served resides or
may be found.
(h) IMMUNITY.—Except as provided in this sub-
section, a person may not be excused from testifying or
from producing evidence pursuant to a subpoena on the
ground that the testimony or evidence required by the sub-
poena may tend to incriminate or subject that person to
criminal prosecution. A person, after having claimed the
privilege against self-incrimination, may not be criminally
prosecuted by reason of any transaction, matter, or thing
about which that person is compelled to testify or relating
to which that person is compelled to produce evidence, ex-
cept that the person may be prosecuted for perjury com-
mitted during the testimony or made in the evidence.
(i) CONTRACT AUTHORITY.—The Commission may
contract with and compensate government and private
agencies or persons for property and services, without re-
gard to section 3709 of the Revised Statutes (41 U.S.C.
5).
SEC. 206. ANNUAL REPORTS.
The Commission shall transmit an annual report to
the Director of the INS and the Congress not later than
December 31 of each year. Each such report shall contain
a detailed statement of activities of the Commission dur-
ing the fiscal year ending in the year in which such report
is required to be submitted.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to complete the study.
TITLE III—ELIGIBILITY FOR
ADJUSTMENT OF STATUS
SEC. 301. REMOVAL OF CERTAIN LIMITATIONS ON ELIGI-
BILITY FOR ADJUSTMENT OF STATUS UNDER
SECTION 245(i).
Section 245(i) of the Immigration and Nationality
Act (8 U.S.C. 1255(i)) is amended—
(1) in paragraph (1), by striking ‘‘(i)(1)’’
through ‘‘to that of an alien lawfully admitted for
permanent residence.’’ and inserting the following:
‘‘(i)(1) Notwithstanding the provisions of subsections
(a) and (c) of this section, an alien physically present in
the United States who—