I 
108TH CONGRESS 
1ST SESSION 
H. R. 200
To revise various provisions of the Immigration and Nationality Act. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 7, 2003
Mr. GUTIERREZ introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To revise various provisions of the Immigration and 
Nationality Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES TO IMMIGRATION 
AND NATIONALITY ACT. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘U.S. Employee, Family Unity, and Legalization Act’’. 
(b) REFERENCES
TO IMMIGRATION
AND NATION-
ALITY ACT.—Except as otherwise expressly provided, 
whenever in this Act an amendment or repeal is expressed 
in terms of an amendment to, or repeal of, a section or 
other provision, the reference shall be considered to be
made to a section or other provision of the Immigration 
and Nationality Act. 
SEC. 2. CHANGE OF ENTRY DATE INTO THE UNITED STATES 
FOR PURPOSES OF A RECORD OF ADMISSION 
FOR PERMANENT RESIDENCE FOR CERTAIN 
ALIENS. 
(a) IN GENERAL.—Section 249 (8 U.S.C. 1259) is 
amended—
(1) in the section heading, by striking ‘‘JANU-
ARY 1, 1972’’ and inserting ‘‘JANUARY 1, 1998’’; and 
(2) in subsection (a), by striking ‘‘January 1, 
1972;’’ and inserting ‘‘January 1, 1998;’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
is amended in the item relating to section 249 by striking 
‘‘who entered the United States prior to January 1, 
1972’’.
(c) EXTENSION OF DATE OF REGISTRY.—
(1) PERIOD BEGINNING JANUARY 1, 2005.—Be-
ginning on January 1, 2005, section 249 (8 U.S.C. 
1259) is amended by striking ‘‘January 1, 1998’’ 
each place it appears and inserting ‘‘January 1, 
1999’’. 
(2) PERIOD BEGINNING JANUARY 1, 2006.—Be-
ginning on January 1, 2006, section 249 is amended
by striking ‘‘January 1, 1999’’ each place it appears 
and inserting ‘‘January 1, 2000’’. 
(3) PERIOD BEGINNING JANUARY 1, 2007.—Be-
ginning on January 1, 2001, section 249 is amended 
by striking ‘‘January 1, 2000’’ each place it appears 
and inserting ‘‘January 1, 2001’’. 
(4) PERIOD BEGINNING JANUARY 1, 2008.—Be-
ginning on January 1, 2008, section 249 is amended 
by striking ‘‘January 1, 2001’’ each place it appears 
and inserting ‘‘January 1, 2002’’. 
(5) PERIOD BEGINNING JANUARY 1, 2009.—Be-
ginning on January 1, 2009, section 249 is amended 
by striking ‘‘January 1, 2002’’ each place it appears 
and inserting ‘‘January 1, 2003’’. 
(d) VIOLATIONS INCIDENTAL TO UNDOCUMENTED 
STATUS AND CONFIDENTIALITY OF INFORMATION.—Sec-
tion 249 is further amended—
(1) by redesignating subsections (a), (b), (c), 
and (d) as paragraphs (1), (2), (3), and (4), respec-
tively; 
(2) by inserting ‘‘(a)’’ after ‘‘249.’’; and 
(3) by adding at the end the following new sub-
sections: 
‘‘(b) VIOLATIONS INCIDENTAL TO UNDOCUMENTED 
STATUS.—
‘‘(1) IMPACT OF VIOLATIONS INCIDENTAL TO 
LEGAL STATUS.—
‘‘(A) Violations of the provisions listed in 
subparagraph (B) shall not adversely affect an 
application for an immigration benefit or status 
under this Act. 
‘‘(B) The provisions referred to in sub-
paragraph (A) are section 274C of the Immi-
gration and Nationality Act, sections 1001 and 
1546 of title 18, United States Code, and sec-
tions 408(a)(6) and 408(a)(7) of title 42, 
United States Code. 
‘‘(2) APPLICABILITY OF GROUND OF INADMIS-
SIBILITY.—The grounds of inadmissibility specified 
in paragraph (6)(F) of section 212(a) shall not 
apply to an application for an immigration benefit or 
status under this Act. 
‘‘(c) CONFIDENTIALITY OF INFORMATION.—
‘‘(1) Neither the Attorney General, nor any 
other official or employee of the Department of Jus-
tice, or any bureau or agency thereof, may—
‘‘(A) use the information furnished pursu-
ant to an application filed under this section for 
any purpose other than to make a determina-
tion on the application or for enforcement of 
subsection (d); 
‘‘(B) make any publication whereby the in-
formation furnished by any particular individual 
can be identified; or 
‘‘(C) permit anyone other than the sworn 
officers and employees of the Department or 
bureau or agency or, with respect to applica-
tions filed with a designated entity, that des-
ignated entity, to examine individual applica-
tions. 
‘‘(2) Anyone who uses, publishes, or permits in-
formation to be examined in violation of paragraph 
(1) shall be fined in accordance with title 18, United 
States Code, or imprisoned not more than five years, 
or both. 
‘‘(d) PENALTIES FOR FALSE STATEMENTS IN APPLI-
CATIONS.—Whoever files an application for adjustment of 
status under this section and knowingly and willfully fal-
sifies, misrepresents, conceals, or covers up a material fact 
or makes any false, fictitious, or fraudulent statements or 
representations, or makes or uses any false writing or doc-
ument knowing the same to contain any false, fictitious, 
or fraudulent statement or entry, shall be fined in accord-
ance with title 18, United States Code, or imprisoned not 
more than five years, or both.’’. 
(e) CORRECTION OF SOCIAL SECURITY RECORDS.—
Section 208(d)(1) of the Social Security Act (42 U.S.C. 
408(d)(1)) is amended—
(1) in subparagraph (B), by inserting after 
clause (ii) the following new clause: 
‘‘(iii) pursuant to the ‘‘U.S. Em-
ployee, Family Unity, and Legalization 
Act, or’’; and 
(2) in subparagraph (C), by striking ‘‘60 days 
after the date of enactment of the Omnibus Budget 
Reconciliation Act of 1990,’’ and inserting ‘‘the date 
the alien obtains lawful permanent resident status or 
within 60 days after the alien obtains such status.’’. 
SEC. 3. ELIMINATION OF RETROACTIVE APPLICATION OF 
CERTAIN PROVISIONS OF THE IMMIGRATION 
AND NATIONALITY ACT. 
(a) CANCELLATION OF REMOVAL.—Section 240A (8 
U.S.C. 1229b) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(f) APPLICATION OF LAW.—Notwithstanding any 
other provision of this section, an alien who committed an 
offense that was a ground for deportation or exclusion 
prior to April 1, 1997, shall have the law in effect at the
time of the offense apply with respect to any application 
for relief from deportation or exclusion on that ground. 
For purposes of determining eligibility for such relief, such 
alien shall be credited with any periods of residency in the 
United States that the alien has accrued without regard 
to whether or not the residency occurred after the commis-
sion of the offense or service of a notice to appear under 
section 239(a).’’. 
(b) APPLICATION OF AGGRAVATED FELONY DEFINI-
TION.—The last sentence of section 101(a)(43) (8 U.S.C. 
1101(a)(43)) is amended to read as follows: ‘‘The term 
shall not apply to any offense that was not covered by 
the term on the date on which the offense occurred.’’. 
(c) GROUNDS OF DEPORTABILITY.—Section 237 (8 
U.S.C. 1227) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(d) Notwithstanding any other provision of this sec-
tion, an alien is not deportable or removable by reason 
of committing any offense that was not a ground of de-
portability on the date the offense occurred.’’. 
(d) GROUNDS OF INADMISSIBILITY.—Section 212 (8 
U.S.C. 1182) is amended—
(1) by redesignating the subsection (p) added 
by section 1505(f) of Public Law 106–386 (114 
Stat. 1526) as a subsection (s); and
(2) by adding at the end the following new sub-
section: 
‘‘(t)(1) Notwithstanding any other provision of this 
section, an alien is not inadmissible by reason of commit-
ting any offense that was not a ground of inadmissibility 
on the date the offense occurred. 
‘‘(2) Any alien who applied for admission to the 
United States or adjustment of status to that of an alien 
lawfully admitted for permanent residence prior to April 
1, 1997, and was inadmissible under subsection (a)(6)(C), 
shall be eligible for the relief available (including any waiv-
er of inadmissibility) at the time the application was 
filed.’’. 
(e) PROSPECTIVE EFFECTIVE DATES.—
(1) ILLEGAL IMMIGRATION REFORM AND IMMI-
GRANT RESPONSIBILITY ACT.—Notwithstanding any 
other provision of law, the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996, and 
the amendments made by that Act, shall apply only 
to persons seeking admission, or who became remov-
able, on or after April 1, 1997, as the case may be.
(2) ANTITERRORISM
AND
EFFECTIVE
DEATH 
PENALTY ACT OF 1996.—Notwithstanding any other 
provision of law, title IV of the Antiterrorism and 
Effective Death Penalty Act of 1996, and the
amendments made by that title, shall only apply to 
persons seeking admission, or who become remov-
able, on or after April 24, 1996. 
(3) REINSTATEMENT OF REMOVAL ORDERS.—
Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is repealed, 
and such repeal shall apply to all proceedings pend-
ing at any stage as of the date of enactment of this 
Act and to all cases brought on or after such date. 
SEC. 4. RESTORATION OF PROPORTIONALITY TO GROUNDS 
OF REMOVAL. 
(a) DEFINITION OF CRIMES INVOLVING MORAL TUR-
PITUDE.—Section 
237(a)(2)(A)(i) 
(8 
U.S.C. 
1227(a)(2)(A)(i)) is amended to read as follows: 
‘‘(i) CRIMES OF MORAL TURPITUDE.—Any 
alien who is convicted of a crime involving 
moral turpitude committed within five years 
after the date of admissions (or 10 years in the 
case of an alien provided lawful permanent resi-
dence status under section 245(j)) for which the 
alien is confined in a prison or correctional in-
stitution for more than one year, is deport-
able.’’. 
(b) DEFINITION OF AGGRAVATED FELONY.—Section 
101(a)(43) (8 U.S.C. 1101(a)(43)) is amended—
(1) in subparagraphs (F), (G), (J), (R), and 
(S), by striking ‘‘one year’’ each place it appears 
and inserting ‘‘five years’’; 
(2) by amending subparagraph (N) (8 U.S.C. 
1101(a)(43)(N)) to read as follows: 
‘‘(N) an offense described in section 274(a)(1) 
(relating to alien smuggling) for the purpose of com-
mercial advantage.’’; 
(3) 
in 
subparagraph 
(P)(ii) 
(8 
U.S.C. 
1101(a)(43)(P)(ii)), by striking ‘‘child’’ and insert-
ing ‘‘son or daughter’’; 
(4) in subparagraph (T), by striking ‘‘2 years’ ’’ 
and inserting ‘‘5 years’ ’’; and 
(5) by adding at the end of section 101(a)(43) 
the following: ‘‘No crime shall be deemed to be an 
aggravated felony if the underlying conviction is a 
misdemeanor or if the sentence imposed is not in ex-
cess of one year.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to convictions entered before, on, 
or after the date of enactment of this Act. 
(d) CONVICTION DEFINED.—Section 101(a)(48)(A) 
(8 U.S.C. 1101(a)(48)(A)) is amended—
(1) by redesignating clauses (i) and (ii) as sub-
clauses (I) and (II), respectively;
(2) by striking ‘‘(48)(A) The term’’ and insert-
ing ‘‘(48)(A)(i) Except as provided in clause (ii), the 
term’’; and 
(3) by adding at the end the following: 
‘‘(ii) For purposes of determinations under this Act, 
the term ‘conviction’ does not include any Federal, State, 
or foreign guilty plea or other record of guilt or conviction 
that has been expunged, dismissed, canceled, vacated, dis-
charged or otherwise removed, or any Federal, State, or 
foreign deferred adjudication, adjudication of guilt with-
held, order of probation without entry of judgment, or 
similar disposition.’’. 
(e) DEFINITION OF TERM OF IMPRISONMENT.—Sec-
tion 101(a)(48)(B) (8 U.S.C. 1101(a)(48)(B)) is amended 
to read as follows: 
‘‘(B) Any reference to a term of imprisonment or a 
sentence with respect to an offense is deemed to include 
the period of incarceration or confinement ordered by a 
court of law excluding any period of the suspension of the 
imposition or execution of that imprisonment or sentence 
in whole or in part.’’.
(f) CONFORMING AMENDMENTS.—
(1) GROUND
OF
INADMISSIBILITY.—Section 
212(a)(6)(E) (8 U.S.C. 1182(a)(6)(E)) is amend-
ed—
(A) in clause (i), by inserting ‘‘and for 
commercial advantage’’ after ‘‘knowingly’’; 
(B) by striking clause (ii); and
(C) by redesignating clause (iii) as clause 
(ii). 
(2) 
GROUND
OF
DEPORTABILITY.—Section 
237(a)(1)(E) (8 U.S.C. 1227(a)(1)(E)) is amend-
ed—
(A) in clause (i), by inserting ‘‘and for 
commercial advantage’’ after ‘‘knowingly’’; 
(B) by striking clause (ii); and 
(C) by redesignating clause (iii) as clause 
(ii). 
SEC. 5. ELIMINATION OF PROHIBITION ON ADMISSION FOR 
ALIENS 
WHO 
HAVE 
BEEN 
UNLAWFULLY 
PRESENT IN THE UNITED STATES. 
(a) IN GENERAL.—Section 212(a)(9) (8 U.S.C. 
1182(a)(9)) is amended—
(1) by striking subparagraph (B); and 
(2) by redesignating subparagraph (C) as sub-
paragraph (B).
(b) CONFORMING AMENDMENTS.—Section 248 (8 
U.S.C. 1258) is amended by striking ‘‘and who is not in-
admissible under section 212(a)(9)(B)(i) (or whose inad-
missibility under such section is waived under section 
212(a)(9)(B)(v))’’.
SEC. 6. VISA FOR CERTAIN SPOUSES AND CHILDREN OF 
CITIZENS AND PERMANENT RESIDENTS TEM-
PORARILY WAITING FOR VISA NUMBERS. 
(a) IN GENERAL.—Section 101(a)(15)(V) (8 U.S.C. 
1101(a)(15)(V)) is amended to read as follows: 
‘‘(V) subject to section 214(o), an alien (other 
than one coming for the purpose of study or of per-
forming skilled or unskilled labor or as a representa-
tive of foreign press, radio, film, or other foreign in-
formation media coming to engage in such vocation) 
who is the beneficiary of a petition approved 
under—
‘‘(i) section 204 (excluding the provisions 
of such section referred to in clause (ii)) for 
classification by reason of a relationship de-
scribed in section 203(a)(2)(A) with an alien 
lawfully admitted for permanent residence, who 
is awaiting the availability of an immigrant visa 
based upon such approval, and who seeks to 
enter the United States to achieve family unity 
by joining the permanent resident alien in the 
United States; or
‘‘(ii) clause (iii), (iv), or (v) of section 
204(a)(1)(A) or clause (ii), (iii), or (iv) of sec-
tion 204(a)(1)(B) and who is awaiting the 
availability of an immigrant visa based upon 
such approval.’’. 
(b) CONFORMING AMENDMENTS.—Section 214 (8 
U.S.C. 1184) is amended—
(1) by redesignating the subsections (o) and (p) 
added by sections 1102(b) and 1103(b), respectively, 
of the Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appro-
priations Act, 2001, as enacted into law by section 
1(a)(2) of Public Law 106–553 as subsections (p) 
and (q); and 
(2) in subsection (p) (as so redesignated)—
(A) in paragraph (1)(B)(i), by striking 
‘‘under section 203(a)(2)(A)’’ each place such 
term appears; 
(B) by striking paragraph (2) and redesig-
nating paragraph (3) as paragraph (2); and 
(C) in paragraph (2)(C) (as so redesig-
nated), by striking ‘‘(6)(A), (7), and (9)(B)’’ 
and inserting ‘‘(6)(A) and (7)’’.
SEC. 7. TASK FORCE ON IMMIGRANT EXPLOITATION. 
There shall be established a national task force on 
the exploitation of and trafficking in immigrants. The task 
force shall consist of Federal and State law enforcement 
officers appointed by the Secretary of Labor and the Sec-
retary of State. The Secretary of Labor shall be the Chair 
of the task force. The purpose of the task force shall be 
to create a coordinated and aggressive national and State 
policy to end the exploitation of and trafficking in immi-
grants. The task force shall develop and recommend to 
the President coordinated Federal and State law enforce-
ment efforts for the elimination of employment abuses 
against immigrant workers.
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