I 
108TH CONGRESS 
1ST SESSION H. R. 2364
To amend the Immigration and Nationality Act in regard to Caribbean-
born immigrants. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 5, 2003
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 Secretary of Homeland Security 
to that of an alien lawfully admitted for permanent 
residence, if the alien—
(A) applies for such adjustment before 
April 1, 2004; 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 Secretary of Homeland 
Security grants the application, the Secretary shall 
cancel the order. If the Secretary renders a final ad-
ministrative 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 Secretary of Home-
land Security may provide for by regulation. 
(c) STAY OF REMOVAL; WORK AUTHORIZATION.—
(1) IN GENERAL.—The Secretary of Homeland 
Security shall provide by regulation for an alien sub-
ject 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 Secretary shall not order any alien 
to be removed from the United States, if the alien
is in exclusion, deportation, or removal proceedings 
under any provision of such an Act and has applied 
for adjustment of status under subsection (a), except 
where the Secretary has rendered a final administra-
tive determination to deny the application. 
(3) WORK
AUTHORIZATION.—The Secretary 
may authorize an alien who has applied for adjust-
ment of status under subsection (a) to engage in 
employment in the United States during the pend-
ency of such application and may provide the alien 
with an ‘‘employment authorization’’ endorsement or 
other appropriate document signifying authorization 
of employment, except that if such application is 
pending for a period exceeding 180 days, and has 
not been denied, the Secretary 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 Secretary 
of Homeland Security to that of an alien lawfully 
admitted for permanent 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, 2004.
(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 Secretary of Homeland Security shall provide to ap-
plicants for adjustment 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 Secretary of Homeland Security 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 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. 
(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 
Secretary of Homeland Security in the administration and 
enforcement of such Act or any other law relating to immi-
gration, 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 preclude the alien from seeking such sta-
tus 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 Department of Homeland 
Security’s Bureau of Citizenship and Immigration Serv-
ices a commission to be known as the Visa Fairness Com-
mission (hereafter in this title referred to as the ‘‘Commis-
sion’’). 
SEC. 202. DUTIES. 
(a) DATA COLLECTION.— The Commission, in con-
sultation with the Director of the Bureau of Citizenship 
and Immigration Services, shall gather empirical data on 
economic and racial profiling by the Consular Affairs of-
fice in American embassies and by Customs and immigra-
tion inspectors at US points of entry. In carrying out the 
preceding sentence, the Commission and the Director 
shall, to the extent practicable, avoid duplication of admin-
istration efforts. 
(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 Bureau of Citizenship and Immigration Serv-
ices. Members on the Commission shall be broadly rep-
resentative 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 may be 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 Bureau of Citizenship and Immigra-
tion Services 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 made under paragraph 
(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 Bureau of Citizenship and Immigration 
Services and the Congress not later than December 31 of 
each year. Each such report shall contain a detailed state-
ment of activities of the Commission during 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—
‘‘(A) entered the United States without inspec-
tion; or 
‘‘(B) is within one of the classes enumerated in 
subsection (c) of this section; 
may apply to the Secretary of Homeland Security for the 
adjustment of his or her status to that of an alien lawfully 
admitted for permanent residence.’’; and 
(2) in paragraph (3)(B), by striking ‘‘, except 
that’’ through ‘‘286(m)’’.
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