I
106TH CONGRESS
2D SESSION
H. R. 4359
To provide for permanent resident status for any alien orphan physically
present in the United States who is less than 12 years of age and
to provide for deferred enforced departure status for any alien physically
present in the United States who is the natural and legal parent of
a child born in the United States who is less than 18 years of age.
IN THE HOUSE OF REPRESENTATIVES
MAY 2, 2000
Mr. OWENS introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To provide for permanent resident status for any alien or-
phan physically present in the United States who is
less than 12 years of age and to provide for deferred
enforced departure status for any alien physically present
in the United States who is the natural and legal parent
of a child born in the United States who is less than
18 years of age.
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 ‘‘Alien Child Protection
and Deferred Enforced Departure Family Unity Act of
2000’’.
SEC. 2. PERMANENT RESIDENT STATUS FOR ANY ALIEN OR-
PHAN WHO IS PHYSICALLY PRESENT IN THE
UNITED STATES AND IS LESS THAN 12 YEARS
OF AGE.
(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; 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),
(6)(A), (7)(A), and (9) 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 on submitting or granting such applica-
tion, to file a motion to reopen, reconsider, or vacate
such order. If the Attorney General grants the appli-
cation, the Attorney General shall cancel the order.
If the Attorney General renders a final administra-
tive 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.—The benefits provided by subsection (a) shall apply
to any alien who—
(1) at the time of application has not attained
the age of 12 years;
(2) is physically present in the United States;
and
(3) has no living legally-recognized parent.
(c) STAY OF REMOVAL.—
(1) IN GENERAL.—The Attorney General shall
provide by regulation for an alien subject to a final
order of deportation or removal or exclusion to seek
a stay of such order based on the filing of an appli-
cation 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 Act and raises
as a defense to such an order the eligibility of the
alien to apply for adjustment of status under sub-
section (a), except where the Attorney General has
rendered a final administrative determination to
deny the application.
(d) 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.
(e) 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.
(f) APPLICATION
OF IMMIGRATION
AND NATION-
ALITY ACT PROVISIONS.—Except as otherwise specifically
provided in this Act, the definitions contained in the Immi-
gration and Nationality Act shall apply in the administra-
tion of this section. Nothing contained in this Act shall
be held to repeal, amend, alter, modify, effect, 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, 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 pre-
clude the alien from seeking such status under any other
provision of law for which the alien may be eligible.
SEC. 2. DEFERRED ENFORCED DEPARTURE FOR ANY ALIEN
NATURAL AND LEGAL PARENT OF A CHILD
BORN IN THE UNITED STATES WHO IS LESS
THAN 18 YEARS OF AGE.
(a) DEFERRED ENFORCED DEPARTURE.—
(1) IN GENERAL.—Notwithstanding the Immi-
gration and Nationality Act, the removal or enforced
departure any alien described in subsection (b) shall
be deferred by the Attorney General during any pe-
riod in which the alien is the natural and legal par-
ent of a child born in the United States who has
not attained the age of 18 years, if the alien applies
for such deferral.
(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 deferral of enforced departure under
paragraph (1). Such an alien may not be required,
as a condition on submitting or granting such appli-
cation, to file a motion to reopen, reconsider, or va-
cate such order. If the Attorney General grants the
application, the Attorney General shall cancel the
order. If the Attorney General 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 DEFERRED ENFORCED
DEPARTURE.—The benefits provided by subsection (a)
shall apply to any alien who—
(1) is physically present in the United States;
and
(2) is the natural and legal parent of a child
born in the United States who has not attained the
age of 18 years.
(c) STAY OF REMOVAL.—
(1) IN GENERAL.—The Attorney General shall
provide by regulation for an alien subject to a final
order of deportation or removal or exclusion to seek
a stay of such order based on the filing of an appli-
cation 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 Act and raises
as a defense to such an order the eligibility of the
alien to apply for adjustment of status under sub-
section (a), except where the Attorney General has
rendered a final administrative determination to
deny the application.
(d) AVAILABILITY OF ADMINISTRATIVE REVIEW.—
The Attorney General shall provide to applicants for de-
ferred enforced departure under subsection (a) the same
right to, and procedures for, administrative review as are
provided to aliens subject to removal proceedings under
section 240 of such Act.
(e) WORK AUTHORIZATION.—
(1) DURING APPLICATION PROCESS.—The At-
torney General may authorize an alien who has ap-
plied for deferred enforced departure under sub-
section (a) to engage in employment in the United
States during the pendency of such application and
may provide the alien with an ‘‘employment author-
ized’’ 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 Attorney
General shall authorize such employment.
(2) DURING DEFERRED ENFORCED DEPARTURE
PERIOD.—The Attorney General shall authorize an
alien who is granted deferred enforced departure
under subsection (a) to engage in employment in the
United States during any period in which deferred
enforced departure applies.
(f) APPLICATION
OF IMMIGRATION
AND NATION-
ALITY ACT PROVISIONS.—Except as otherwise specifically
provided in this Act, the definitions contained in the Immi-
gration and Nationality Act shall apply in the administra-
tion of this section. Nothing contained in this Act shall
be held to repeal, amend, alter, modify, effect, 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, nationality,
or naturalization. The fact that an alien may be eligible
to be granted deferred enforced departure status under
this section shall not preclude the alien from seeking im-
migration status under any other provision of law for
which the alien may be eligible.
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