I
107TH CONGRESS
2D SESSION
H. R. 3894
To amend the Immigration and Nationality Act to restore fairness to
immigration law, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 7, 2002
Mr. CONYERS (for himself, Ms. ROS-LEHTINEN, Mr. GEPHARDT, Ms. JACK-
SON-LEE of Texas, Mr. REYES, Mr. FRANK, Mr. BERMAN, Mr. GUTIER-
REZ, Mr. RANGEL, Mr. ABERCROMBIE, Mr. ANDREWS, Ms. LEE, Mr.
BLAGOJEVICH, Mr. DELAHUNT, Mr. FATTAH, Mr. FILNER, Mr. HONDA,
Mr. LAFALCE, Mr. MCDERMOTT, Mrs. MEEK of Florida, Mr. NADLER,
Mr. 
RODRIGUEZ, 
Ms. 
ROYBAL-ALLARD, 
Mr. 
SERRANO, 
Ms.
SCHAKOWSKY, Mr. STARK, Mrs. JONES of Ohio, Mr. UNDERWOOD, Ms.
VELA´ZQUEZ, Ms. WATERS, Mr. LANTOS, and Mr. BONIOR) introduced
the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to restore
fairness to immigration law, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION
AND NATIONALITY ACT; TABLE OF CON-
TENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Restoration of Fairness in Immigration Act of 2002’’.
(b) AMENDMENTS TO IMMIGRATION AND NATION-
ALITY ACT.—Except as otherwise specifically provided in
this Act, whenever in this Act an amendment or repeal
is expressed as the amendment or repeal of a section or
other provision, the reference shall be considered to be
made to that section or provision in the Immigration and
Nationality Act.
(c) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; amendments to Immigration and Nationality Act; table of
contents.
TITLE I—DUE PROCESS IN IMMIGRATION PROCEEDINGS
Subtitle A—Due Process in Expedited Removal Proceedings
Sec. 101. Due process in admissibility and asylum cases.
Sec. 102. Using immigration judges in expedited removal proceedings.
Sec. 103. Equitable determination of ‘‘credible fear of persecution’’ in cases in-
volving unique fact patterns.
Subtitle B—Judicial Review in Immigration Proceedings
Sec. 111. Judicial review of administrative remedies and habeas corpus.
Sec. 112. Judicial review of asylum determinations.
Sec. 113. Judicial review of decisions concerning apprehension and detention of
aliens.
Sec. 114. Judicial review of decisions concerning waivers.
Sec. 115. Judicial review of orders issued in absentia.
Sec. 116. Judicial review of denial of request for order of voluntary departure.
Sec. 117. Transitional changes in judicial review.
Subtitle C—Fairness in Removal Proceedings
Sec. 121. Equitable burden of proof for admissibility.
Sec. 122. Presumption in favor of withdrawal of application for admission.
Sec. 123. Absences outside the control of the alien.
Sec. 124. Reinstatement of removal orders against aliens illegally reentering.
Sec. 125. Removal hearings open to the public.
Sec. 126. Deadline for placement in removal proceedings.
Subtitle D—Fairness in Detention
Sec. 131. Restoring discretionary authority to the Attorney General in cases of
individuals who pose no risk to safety or of fleeing.
Sec. 132. Periodic review of detention determination.
Sec. 133. Limitation on indefinite detention.
Sec. 134. Pilot program to consider alternatives to detention.
Sec. 135. Elimination of mandatory detention in expedited removal proceedings.
Sec. 136. Right to counsel.
Sec. 137. Automatic stays of release orders.
Sec. 138. Report on detention of aliens.
Sec. 139. Clarification of intent of transitional provision on references to re-
moval orders.
Subtitle E—Consular Review of Visa Applications
Sec. 141. Establishment of a Board of Visa Appeals.
Sec. 142. Nondiscrimination provisions.
TITLE II—FAIRNESS AND EQUITY IN CASES INVOLVING
PREVIOUS AND MINOR MISCONDUCT
Subtitle A—Increased Fairness and Equity Concerning Removal Proceedings
Sec. 201. Equitable definition of ‘‘crime involving moral turpitude’’.
Sec. 202. Equitable application and definition of ‘‘aggravated felony’’.
Sec. 203. Equitable definitions of ‘‘conviction’’ and ‘‘term of imprisonment’’.
Sec. 204. Equitable definition of ‘‘crimes of moral turpitude’’.
Sec. 205. Restoration of fairness in equitable relief for long-time legal perma-
nent residents.
Sec. 206. Restoration of fairness in equitable relief for other noncitizens.
Sec. 207. Eliminating unfair retroactive changes in removal rules for persons
subject to pending proceedings.
Sec. 208. Eliminating unfair retroactive changes in removal rules for persons
previously removed.
Subtitle B—Increased Fairness and Equity Concerning 5-Year Bars to
Admission and Other Grounds for Exclusion
Sec. 211. Limiting 5-year bar to admission to persons who willfully fail to at-
tend removal proceedings.
Sec. 212. Limiting 5-year bar to admission to persons who willfully violate stu-
dent visa conditions.
Sec. 213. Limiting ban on admissibility to persons who willfully make false
claims for citizenship.
Sec. 214. Equitable waiver of inadmissibility for minor criminal offenses.
Sec. 215. Eliminating the 3 and 10 year bars to inadmissibility.
TITLE III—ENCOURAGING FAMILY REUNIFICATION
Subtitle A—Reuniting Family Members
Sec. 301. Visa for spouses and children of permanent residents temporarily
waiting for visa numbers.
Sec. 302. Refugee status for unmarried sons and daughters of refugees.
Sec. 303. Asylee status for unmarried sons and daughters of asylees.
Sec. 304. Protection against processing delays.
Subtitle B—Limited Waiver of Grounds of Admissibility
Sec. 311. Discretionary waiver in cases involving family members.
Sec. 312. Discretionary waiver in document cases involving family members.
Sec. 313. Discretionary waiver to admit persons in unusual circumstances.
Subtitle C—Eliminating Unfairness and Waste in Section 245(i) Waivers
Sec. 321. Permanent application of section 245(i).
Subtitle D—Equitable Procedures Concerning Voluntary Departure
Sec. 331. Discretionary determination of period of voluntary departure.
Sec. 332. Discretionary determination of voluntary departure bond based on in-
dividual circumstances.
Sec. 333. Elimination of automatic penalties for failing to depart in accordance
with a voluntary departure grant.
Subtitle E—Fairness in Determination of Public Charge
Sec. 341. Equitable procedures concerning public charge and affidavit of sup-
port.
TITLE IV—FAIRNESS IN ASYLUM AND REFUGEE PROCEEDINGS
Subtitle A—Increased Fairness in Asylum Proceedings
Sec. 401. Elimination of arbitrary time limits on asylum applications.
Sec. 402. Gender-based persecution.
Sec. 403. Presumption of asylum in cases of past persecution.
Sec. 404. Rebuttable presumption of asylum where persecution occurs with re-
spect to a particular location in a country.
Sec. 405. Elimination of arbitrary cap on persons eligible to adjust status from
asylees to legal permanent residents.
Sec. 406. Restoration of eligibility for withholding of removal for persons facing
loss of life or freedom.
Subtitle B—Increased Fairness and Rationality in Refugee Consultations
Sec. 411. Timely consultation with respect to refugee admissions.
TITLE V—MISCELLANEOUS PROVISIONS
Sec. 501. Limiting forfeiture for certain assets used to violate INA where there
was no commercial gain.
Sec. 502. Elimination of ban on State and local governments from preventing
communications with the INS.
Sec. 503. Elimination of authority to permit State personnel to carry out immi-
gration officer functions.
Sec. 504. Parole authority.
Sec. 505. Enhanced border patrol recruitment and retention.
Sec. 506. Elimination of denial of immigration benefits for erroneous asylum
application.
Sec. 507. Authorization of appropriations for implementation of Act.
TITLE VI—EFFECTIVE DATES
Sec. 601. General effective date.
Sec. 602. Other effective dates.
TITLE I—DUE PROCESS IN
IMMIGRATION PROCEEDINGS
Subtitle A—Due Process in
Expedited Removal Proceedings
SEC. 101. DUE PROCESS IN ADMISSIBILITY AND ASYLUM
CASES.
At the end of section 235 (8 U.S.C. 1225), add the
following:
‘‘(e) LIMITATION ON USE OF EXPEDITED PROCE-
DURE.—
‘‘(1) EXPEDITED
REMOVAL
LIMITED
TO
EX-
TRAORDINARY
MIGRATION
SITUATIONS.—Notwith-
standing subsection (b)(1), unless the Attorney Gen-
eral determines that the numbers or circumstances
of aliens en route to or arriving in the United States
present an extraordinary migration situation, the At-
torney General may not apply the provisions of such
subsection to any such alien.
‘‘(2) 
EXTRAORDINARY
MIGRATION
SITUA-
TION.—As used in this subsection, the term ‘extraor-
dinary migration situation’ means the arrival or im-
minent arrival at a border of the United States of
aliens who by their numbers or circumstances sub-
stantially exceed the capacity for the inspection and
examination of such aliens.
‘‘(3) DISCRETION.—Subject to paragraph (4),
the determination whether there exists an extraor-
dinary migration situation within the meaning of
paragraphs (1) and (2) is committed to the sole and
exclusive discretion of the Attorney General.
‘‘(4) PERIOD.—The provisions of this sub-
section may be invoked under paragraph (1) for a
period not to exceed 90 days, unless within such 90-
day period or any extension thereof, the Attorney
General determines, after consultation with the
Committees on the Judiciary of the United States
House of Representatives and the Senate, that an
extraordinary migration situation continues to war-
rant such procedures remaining in effect for addi-
tional 90-day periods.’’.
SEC. 102. USING IMMIGRATION JUDGES IN EXPEDITED RE-
MOVAL PROCEEDINGS.
Section 235(b)(1)(A) (8 U.S.C. 1225(b)(1)(A)) is
amended—
(1) in clause (i)—
(A) by striking ‘‘is inadmissible’’ and in-
serting ‘‘may be inadmissible’’;
(B) by striking ‘‘(iii)’’ and inserting ‘‘(iv)’’;
and
(C) by striking ‘‘shall order’’ and all that
follows through the period at the end and in-
serting ‘‘shall refer the alien to an immigration
judge for a hearing.’’;
(2) by redesignating clauses (ii) and (iii) as
clauses (iii) and (iv), respectively;
(3) by inserting after clause (i) the following:
‘‘(ii) 
IMMIGRATION
JUDGE
HEAR-
ING.—If an immigration judge determines,
based on a hearing, that an alien described
in clause (i) is inadmissible under para-
graph (6)(C) or (7) of section 212(a), the
judge shall order the alien removed from
the United States without further hearing
or review unless the alien indicates either
an intention to apply for asylum under sec-
tion 208 or a fear of persecution.’’;
(4) in clause (iii) (as so redesignated)—
(A) by striking ‘‘immigration officer’’ and
inserting ‘‘immigration judge’’;
(B) by striking ‘‘clause (iii)’’ and inserting
‘‘clause (iv)’’; and
(C) by striking ‘‘officer shall’’ and insert-
ing ‘‘judge shall’’; and
(5) in clause (iv) (as so redesignated), by strik-
ing ‘‘(i) and (ii)’’ and inserting ‘‘(i), (ii), and (iii)’’.
SEC. 103. EQUITABLE DETERMINATION OF ‘‘CREDIBLE
FEAR OF PERSECUTION’’ IN CASES INVOLV-
ING UNIQUE FACT PATTERNS.
Section 235(b)(1)(B)(v) (8 U.S.C. 1225(b)(1)(B)(v))
is amended by adding at the end ‘‘Nothing in the pre-
ceding sentence shall be construed to preclude an alien
from satisfying the standard in such sentence based upon
a novel factual situation or a new legal argument.’’.
Subtitle B—Judicial Review in
Immigration Proceedings
SEC. 111. JUDICIAL REVIEW OF ADMINISTRATIVE REM-
EDIES AND HABEAS CORPUS.
Section 242 (8 U.S.C. 1252) is amended to read as
follows:
‘‘JUDICIAL REVIEW OF ORDERS OF REMOVAL
‘‘SEC. 242. (a) The procedure prescribed by, and all
the provisions of chapter 158 of title 28, United States
Code, shall apply to, and shall be the sole and exclusive
procedure for, the judicial review of all final orders of re-
moval heretofore or hereafter made against aliens within
the United States pursuant to administrative proceedings
under section 240 or pursuant to section 238 of this Act
or comparable provisions of any prior Act, except as fol-
lows:
‘‘(1) A petition for review may be filed not later
than 90 days after the date of the issuance of the
final removal order, or, in the case of an alien con-
victed of an aggravated felony (including an alien
described in section 238) not later than 30 days
after the issuance of such order. No alien shall be
removed in the 90 day period (or in the 30 day pe-
riod in the case of aggravated felons) in which the
alien may file a petition for review of a final removal
order.
‘‘(2) The venue of any petition for review under
this section shall be in the judicial circuit in which
the administrative proceedings before an immigra-
tion judge were conducted in whole or in part, or in
the judicial circuit wherein is the residence, as de-
fined in this Act, of the petitioner, but not in more
than one circuit.
‘‘(3) The action shall be brought against the
Immigration and Naturalization Service, as respond-
ent. Service of the petition to review shall be made
upon the Attorney General of the United States and
upon the official of the Immigration and Naturaliza-
tion Service in charge of the Service district in which
the office of the clerk of the court is located. The
service of the petition for review upon such official
district where the petitioner has his residence for
hearing de novo of the nationality claim and deter-
mination as if such proceedings were originally initi-
ated in the district court under the provisions of sec-
tion 2201 of title 28, United States Code. Any such
petitioner shall not be entitled to have such issue de-
termined under section 360(a) of this Act or other-
wise.
‘‘(6) Whenever a petitioner seeks review of an
order under this section, any review sought with re-
spect to a motion to reopen or reconsider such an
order shall be consolidated with the review of the
order.
‘‘(7) If the validity of a removal order has not
been judicially determined, its validity may be chal-
lenged in a criminal proceeding against the alien for
violation of subsection (a) or (b) of section 243 of
this Act only by separate motion for judicial review
before trial. Such motion shall be determined by the
court without a jury and before the trial of the gen-
eral issue. Whenever a claim to United States na-
tionality is made in such motion, and in the opinion
of the court, a genuine issue of material fact as to
the alien’s nationality is presented, the court shall
accord him a hearing de novo on the nationality
claim and determine that issue as if proceedings had
been initiated under the provisions of section 2201
of title 28, United States Code. Any such alien shall
not be entitled to have such issue determined under
section 360(a) of this Act or otherwise. If no such
hearing de novo as to nationality is conducted, the
determination shall be made solely upon the admin-
istrative record upon which the removal order is
based and the Attorney General’s findings of fact, if
supported by reasonable, substantial, and probative
evidence on the record considered as a whole, shall
be conclusive. If the removal order is held invalid,
the court shall dismiss the indictment and the
United States shall have the right to appeal to the
court of appeals within 30 days. The procedure on
such appeals shall be as provided in the Federal
rules of criminal procedure. No petition for review
under this section may be filed by any alien during
the pendency of a criminal proceeding against such
alien for violation of subsection (a) or (b) of section
243 of this Act.
‘‘(8) Nothing in this section shall be construed
to require the Attorney General to defer removal of
an alien after the issuance of a removal order be-
cause of the right of judicial review of the order
granted by this section, or to relieve any alien from
compliance with subsections (a) and (b) of section
243 of this Act. No alien shall be removed in the 90-
day period (or in the 30-day period in the case of
aggravated felons) in which the alien may file a peti-
tion for review of a final removal order.
‘‘(9) Nothing contained in this section shall be
construed to preclude the Attorney General from de-
taining or continuing to detain an alien or from tak-
ing the alien into custody pursuant to section 241 of
this Act at any time after the issuance of a removal
order.
‘‘(10) it shall not be necessary to print the
record or any part thereof, or the briefs, and the
court shall review the proceedings on a typewritten
record and on typewritten briefs.
‘‘(11) Any alien held in custody pursuant to an
order of removal may obtain judicial review thereof
by habeas corpus proceedings.
‘‘(b) Notwithstanding the provisions of any other law,
any alien against whom a final order of removal has been
made heretofore or hereafter under the provisions of sec-
tion 235 of this Act or comparable provisions of any prior
Act may obtain judicial review of such order by habeas
corpus proceedings and not otherwise.
‘‘(c) An order of removal shall not be reviewed by any
court if the alien has not exhausted the administrative
remedies available to the alien as of right under the immi-
gration laws and regulations. Every petition for review or
for habeas corpus shall state whether the validity of the
order has been upheld in any prior judicial proceeding,
and, if so, the nature and date thereof, and the court in
which such proceeding took place. No petition for review
or for habeas corpus shall be entertained if the validity
of the order has been previously determined in any civil
or criminal proceeding, unless the petition presents
grounds which the court finds could not have been pre-
sented in such prior proceeding, or the court finds that
the remedy provided by such prior proceeding was inad-
equate or ineffective to test the validity of the order.
‘‘(d)(1) A petition for review or for habeas corpus on
behalf of an alien against whom a final order of removal
has been issued pursuant to section 238(b) may challenge
only—
‘‘(A) whether the alien is in fact the alien de-
scribed in the order;
‘‘(B) whether the alien is in fact an alien de-
scribed in section 238(b)(2)(A) who is not eligible
for relief from removal under this Act;
‘‘(C) whether the alien has been convicted of an
aggravated felony and such conviction has become
final; and
‘‘(D) whether the alien was afforded the proce-
dures required by section 238(b)(4).
‘‘(2) No court shall have jurisdiction to review any
issue other than an issue described in paragraph (1).’’.
SEC. 112. JUDICIAL REVIEW OF ASYLUM DETERMINATIONS.
(a) AUTHORITY TO APPLY FOR ASYLUM.—Section
208(a) (8 U.S.C. 1158(a)) is amended by striking para-
graph (3).
(b) CONDITIONS FOR GRANTING ASYLUM.—Section
208(b)(2) (8 U.S.C. 1158(b)(2)) is amended by striking
subparagraph (D).
SEC. 113. JUDICIAL REVIEW OF DECISIONS CONCERNING
APPREHENSION AND DETENTION OF ALIENS.
Section 236 (8 U.S.C. 1226) is amended by striking
subsection (e).
SEC. 114. JUDICIAL REVIEW OF DECISIONS CONCERNING
WAIVERS.
(a) INADMISSIBLE ALIENS.—Section 212 (8 U.S.C.
1182) is amended—
(1) by striking the final sentences of sub-
sections (d)(12) and (h); and
(2) in subsection (i)—
(A) by striking paragraph (2); and
(B) by striking ‘‘(i)(1)’’ and inserting
‘‘(i)’’.
(b) DEPORTABLE ALIENS.—Section 237(a)(3)(C)(ii)
(8 U.S.C. 1227(a)(3)(C)(ii)) is amended by striking the
final sentence.
SEC. 115. JUDICIAL REVIEW OF ORDERS ISSUED IN
ABSENTIA.
Section 240(b)(5) (8 U.S.C. 1229a(b)(5)) is amended
by striking subparagraph (D) and redesignating subpara-
graph (E) as subparagraph (D).
SEC. 116. JUDICIAL REVIEW OF DENIAL OF REQUEST FOR
ORDER OF VOLUNTARY DEPARTURE.
Section 240B (8 U.S.C. 1229c) is amended by strik-
ing subsection (f).
SEC. 117. TRANSITIONAL CHANGES IN JUDICIAL REVIEW.
Section 309(c)(4) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101
note) is repealed.
Subtitle C—Fairness in Removal
Proceedings
SEC. 121. EQUITABLE BURDEN OF PROOF FOR ADMISSI-
BILITY.
Section 
240(c)(2) 
(8 
U.S.C. 
1229a(c)(2)) 
is
amended—
(1) in the matter preceding subparagraph (A),
by striking ‘‘establishing—’’ and inserting ‘‘estab-
lishing, by clear and convincing evidence—’’;
(2) in subparagraph (A), by striking ‘‘clearly
and beyond doubt’’; and
(3) in subparagraph (B), by striking ‘‘by clear
and convincing evidence,’’.
SEC. 122. PRESUMPTION IN FAVOR OF WITHDRAWAL OF AP-
PLICATION FOR ADMISSION.
Section 235(a)(4) (8 U.S.C. 1225(a)(4)) is amended
to read as follows:
‘‘(4) WITHDRAWAL OF APPLICATION FOR AD-
MISSION.—
‘‘(A) PRESUMPTION IN FAVOR OF WITH-
DRAWAL.—The Attorney General shall permit
an alien applying for admission to withdraw the
application and depart immediately from the
United States at any time, unless an immigra-
tion judge has rendered a decision with respect
to the admissibility of the alien, except that the
Attorney General may deny permission for the
withdrawal when warranted by unusual cir-
cumstances.
‘‘(B) PERMISSIVE
WITHDRAWAL.—Except
as provided in subparagraph (A), an alien ap-
plying for admission may, in the discretion of
the Attorney General and at any time after a
decision described in such subparagraph has
been rendered, be permitted to withdraw the
application and depart immediately from the
United States.’’.
SEC. 123. ABSENCES OUTSIDE THE CONTROL OF THE
ALIEN.
Section 101(a)(13)(C) (8 U.S.C. 1101(a)(13(C)) is
amended—
(1) by amending clause (ii) to read as follows:
‘‘(ii) has been absent from the United
States for a continuous period in excess of
one year unless the alien’s return was im-
peded by emergency or extenuating cir-
cumstances outside the control of the
alien,’’;
(2) by inserting ‘‘or’’ at the end of clause (iii);
(3) by striking clauses (iv) and (v); and
(4) by redesignating clause (vi) as clause (iv).
SEC. 124. REINSTATEMENT OF REMOVAL ORDERS AGAINST
ALIENS ILLEGALLY REENTERING.
Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is amended
is amended to read as follows:
‘‘(5) REINSTATEMENT
OF
REMOVAL
ORDERS
AGAINST ALIENS ILLEGALLY REENTERING.—If after
a hearing before an immigration judge the Attorney
General finds that an alien has reentered the United
States illegally after having been removed or having
departed voluntarily, under an order of removal
issued on or after April 1, 1997, the prior order of
removal may be deemed to be reinstated from its
original date and the alien may be removed under
the prior order at any time after the reentry subject
to reopening and review of the previous order. Noth-
ing in this section shall preclude an alien from ap-
plying for any relief from removal under this Act.’’.
SEC. 125. REMOVAL HEARINGS OPEN TO THE PUBLIC.
Section 239 (8 U.S.C. 1229) is amended by adding
at the end the following new subsection:
‘‘(e) REMOVAL PROCEEDINGS OPEN TO THE PUB-
LIC.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), a
removal proceeding held pursuant to section 240
shall be open to the public.
‘‘(2) EXCEPTIONS.—A removal proceeding may
be closed to the public to preserve the confidentiality
of asylum applications, withholding of removal, relief
under the Convention Against Torture, battered im-
migrants, or for protecting witnesses, parties, or
other persons from a substantial risk of physical
harm. In a case where closing a removal proceeding
is appropriate pursuant to this paragraph, the clos-
ing of the proceeding shall be limited to the portion
that is necessary to achieve a compelling interest
and there is no less restrictive alternative.’’.
SEC. 126. DEADLINE FOR PLACEMENT IN REMOVAL PRO-
CEEDINGS.
Section 236(a) (8 U.S.C. 1226(a)) is amended by
adding after and below paragraph (3) at the end the fol-
lowing:
‘‘Except as provided in section 236A(a)(5), the Attorney
General shall place an alien detained under this Act in
removal proceedings not later than 48 hours after com-
mencement of such detention.’’.
Subtitle D—Fairness in Detention
SEC. 131. RESTORING DISCRETIONARY AUTHORITY TO THE
ATTORNEY GENERAL IN CASES OF INDIVID-
UALS WHO POSE NO RISK TO SAFETY OR OF
FLEEING.
Section 236(c) (8 U.S.C. 1226(c)) is amended—
(1) in paragraph (1), by striking ‘‘Attorney
General shall’’ and inserting ‘‘Attorney General
may’’; and
(2) by amending paragraph (2) to read as fol-
lows:
‘‘(2) RELEASE.—The Attorney General shall re-
lease any alien described in paragraph (1) if the
alien satisfies the Attorney General that the alien
will not pose a danger to the safety of other persons
or of property and is likely to appear for any sched-
uled proceeding. All custody, bond, and parole deter-
minations shall be reviewable by an immigration
judge and subject to administrative appeal.’’.
SEC. 132. PERIODIC REVIEW OF DETENTION DETERMINA-
TION.
Section 
241(a)(6) 
(8 
U.S.C. 
1231(a)(6)) 
is
amended—
(1) by inserting ‘‘(A)’’ after the dash;
(2) by inserting ‘‘for a reasonable period of
time, not to exceed 6 months following the entry of
a final order of removal, to allow for ongoing nego-
tiations to effect such removal’’ after ‘‘removal pe-
riod’’; and
(3) by adding at the end the following::
‘‘(B) During the removal period, the Attorney
General shall review whether continued detention of
the alien is appropriate under subparagraph (A).
‘‘(C) Determinations under this paragraph shall
be subject to de novo review by an immigration
judge and administrative appeal. In such review, it
shall be the Attorney General’s burden to prove that
continued detention is appropriate under subpara-
graph (A).
‘‘(D) This paragraph not apply to aliens de-
tained pursuant to section 236A(a)(1).’’.
SEC. 133. LIMITATION ON INDEFINITE DETENTION.
Section 241 (8 U.S.C. 1231) is amended by adding
at the end the following:
‘‘(j) Notwithstanding any other provision of this sec-
tion, including subsection (a)(2), the Attorney General
may not detain an alien who requests release and dem-
onstrates to the Attorney General that—
‘‘(1) the alien is not a risk to the community
and is likely to comply with the order of removal;
and
‘‘(2) removal of the alien cannot be effectuated
within the removal period specified in section
241(a)(6)(A).
The determination by the Attorney General shall be sub-
ject to de novo review by an immigration judge and admin-
istrative appeal.’’.
SEC. 134. PILOT PROGRAM TO CONSIDER ALTERNATIVES
TO DETENTION.
(a) PILOT PROGRAM ON ALTERNATIVES TO DETEN-
TION IN PENAL SETTING.—The Attorney General shall es-
tablish a pilot program in 3 district offices of the Immi-
gration and Naturalization Service to determine the viabil-
ity of supervision, through means other than confinement
in a penal setting, of aliens who have no criminal record,
or have a criminal record that does not include a felony
that constitutes a crime of violence as described in section
16 of title 18, United States Code, but who are subject
to detention under the Immigration and Nationality Act
at the discretion of the Attorney General.
(b) STUDY AND REPORT ON ALTERNATIVES TO DE-
TENTION IN PENAL SETTING.—In carrying out subsection
(a), the Attorney General shall conduct a study, and sub-
mit a report to the Congress not later than 6 months after
the date of the enactment of this Act, on alternatives to
detention of aliens who have no criminal record (or have
a criminal record that does not include a felony that con-
stitutes a crime of violence as described in section 16 of
title 18, United States Code) and are not inadmissible or
deportable by reason of having committed a criminal of-
fense in detention facilities used for the incarceration of
persons convicted of a criminal offense.
SEC. 135. ELIMINATION OF MANDATORY DETENTION IN EX-
PEDITED REMOVAL PROCEEDINGS.
Section 
235(b)(1)(B)(iii)(IV) 
(8 
U.S.C.
1225(b)(1)(B)(iii)(IV)) is amended to read as follows:
‘‘(IV) DETENTION.—Aliens sub-
ject to the procedures under this
clause shall be detained in accordance
with section 236.’’.
SEC. 136. RIGHT TO COUNSEL.
Section 292 (8 U.S.C. 1362) is amended by striking
the matter after the section designation and inserting the
following: ‘‘In any bond, custody, detention, or removal
proceedings before the Attorney General and in any appeal
proceedings before the Attorney General from any such
proceedings, the person concerned shall have the privilege
of being represented (at no expense to the government)
by such counsel, authorized to practice in such pro-
ceedings, as he shall choose. With consent of their clients,
counsel may enter appearances limited to bond, custody,
or other specific proceedings.’’.
SEC. 137. AUTOMATIC STAYS OF RELEASE ORDERS.
(a) RELEASE ORDERS OF IMMIGRATION JUDGES AND
THE BOARD OF IMMIGRATION APPEALS.—
(1) IN GENERAL.——
(A) STAY.—In the case of an alien de-
tained by the Service in which a district direc-
tor of the Service has determined that the alien
should not be released or has set a bond for re-
lease of the alien, no order of an immigration
judge or the Board authorizing release (on bond
or otherwise) may be stayed except in accord-
ance with this section.
(B) DEADLINE.—In any case where the
Board has issued a stay of release pending ap-
peal, a final decision on the appeal from the
bond redetermination decision shall be made
within 30 days.
(2) STAYS OF IMMIGRATION JUDGE RELEASE
ORDERS BY BOARD.—
(A) EMERGENCY STAY.—An order of an
immigration judge redetermining the conditions
of custody of an alien may be stayed by order
of the Board, for a period not to exceed 30 days
from the date of the order authorizing release,
if the Service demonstrates to the satisfaction
of the Board that—
(i) there is a likelihood of success by
the Service on the merits;
(ii) irreparable harm would occur if a
stay of the order is not granted;
(iii) the potential harm to the Service
outweighs the harm to the alien who is the
subject of the order if a stay of the order
is not granted; and
(iv) granting a stay of the order would
serve the public interest.
(B) 
AUTOMATIC
STAY
IN
CERTAIN
CASES.—If an alien is subject to section
236(c)(1), and the Service has denied the
alien’s request for release or has set a bond of
$10,000 or more, any order of an immigration
judge authorizing release of an alien (on bond
or otherwise) shall, upon the Service’s filing of
a notice of intent to appeal a custody redeter-
mination with the immigration court within one
business day of the day the order is issued, be
automatically stayed for a period of 5 days in
order to provide the Service with an opportunity
to request an emergency stay under subpara-
graph (A). Any such stay shall lapse upon fail-
ure of the Service to file a timely notice of ap-
peal.
(3) BOARD RELEASE ORDERS; STAYS BY AT-
TORNEY GENERAL.—
(A) PERIOD REQUIRED TO FILE STAY.—An
order of the Board authorizing release of an
alien (on bond or otherwise) shall be stayed for
a period of 48 hours if the Service files with the
Board a notice of intent to seek certification of
the case to the Attorney General.
(B) STAY.—If, within the 48-hour period
described in subparagraph (A), the Attorney
General or the Deputy Attorney General per-
sonally determines in writing that there are rea-
sonable grounds to believe that the alien is in-
volved in terrorist activity or is a threat to na-
tional security, an order described in subpara-
graph (A) may be stayed for an additional pe-
riod 10 days from the date of the order of the
Board authorizing release.
(C) DECISION BY ATTORNEY GENERAL.—
Before the expiration of the 10-day period de-
scribed in subparagraph (B), the Attorney Gen-
eral or the Deputy Attorney General shall per-
sonally determine whether to certify the alien
under section 236A of the Immigration and
Naturalization Act. If the alien is not so cer-
tified, the stay shall expire and the order of the
Board authorizing release shall go into effect.
(b) DEFINITIONS.—In this section:
(1) BOARD.—The term ‘‘Board’’ means the
Board of Immigration Appeals or successor body
charged with reviewing the decisions of an immigra-
tion judge.
(2) IMMIGRATION JUDGE.—The term ‘‘immigra-
tion judge’’ means an immigration judge or other
hearing officer charged with reviewing initial cus-
tody, bond and release decisions.
(2) SERVICE.—The term ‘‘Service’’ means the
Immigration and Naturalization Service or successor
body charged with making initial custody, bond or
release decisions.
SEC. 138. REPORT ON DETENTION OF ALIENS.
(a) AMENDMENT TO HRIFA.—Section 904 of the
Haitian Refugee Immigration Fairness Act of 1998 (en-
acted as part of Public Law 105–277) is amended—
(1) in subsection (a)(3), by inserting ‘‘or con-
tract facilities with private sector entities,’’ after
‘‘local facilities’’;
(2) in subsections (d) and (e), by striking ‘‘and
(c)’’ and inserting ‘‘(c), (d), and (e)’’ and by redesig-
nating such subsections as subsections (f) and (g),
respectively; and
(3) inserting after subsection (c) the following
new subsections:
‘‘(d) INDEFINITE DETAINEES.—With respect to non-
removable aliens who have been detained for 90 days or
more after having been served with a final order of re-
moval, the Attorney General shall also collect data and
report to Congress, at least once every three months, con-
cerning the following:
‘‘(1) The number of such detainees per country
of origin.
‘‘(2) The location of each such detainee by de-
tention facility.
‘‘(3) The number of such detainees who have
been detained for the same length of time, in 3-
month increments.
‘‘(4) The number and percentage of such de-
tainees who have had annual custody reviews.
‘‘(5) The number and percentage of such de-
tainees who have come forward for a review of their
detention pursuant to the Service’s custody review
procedures.
‘‘(6) The number and percentage of such de-
tainees who have legal representation to assist them
in custody determinations, cross referenced with the
number who have come forward for a review of their
detention pursuant to the Service’s custody review
procedures.
‘‘(7) The percentage of such detainees who did
not receive a custody review initially because they
did not make the requisite efforts to comply with
their removal orders.
‘‘(e) PERSONS DETAINED ON OR AFTER SEPTEMBER
11, 2001.—With respect to persons who have been de-
tained on or after September 11, 2001, by the Department
of Justice in connection with its initiatives on terrorism,
whether or not certified as suspected terrorists under sec-
tion 236A(a)(3), and whether or not charged with any
criminal offense or ground of removal relating to ter-
rorism, the Attorney General shall collect data and report
to Congress, at least once every three months, concerning
the following:
‘‘(1) The number of such persons who have
been detained and the number who remain in deten-
tion, by country of origin and ethnic background.
‘‘(2) For each person detained—
‘‘(A) the charges against such person;
‘‘(B) the disposition or current status of
such charges; and
‘‘(C) the length of time after such person
was taken into custody before immigration or
criminal charges were filed.
‘‘(3) For each person held as a material wit-
ness, the orders of a court permitting such detention
which have not been sealed and any orders permit-
ting the sealing of such orders.
‘‘(4) For each alien detained—
‘‘(A) whether such alien was advised of the
alien’s right to be represented by an attorney,
at the alien’s own expense, whether such alien
obtained representation, and the efforts of the
Department to facilitate such representation;
and
‘‘(B) whether such alien was advised of the
alien’s right to consular assistance and the
practical steps taken to permit such person to
obtain such assistance.
‘‘(5) For each alien who was charged with a
ground of removal and ordered removed, whether
such alien has been removed.
‘‘(6) For each alien who was charged with a
ground of removal and who has not been removed—
‘‘(A) whether such alien continues to be
detained and whether such alien has been given
a hearing before an immigration judge to deter-
mine risk of flight or dangerousness and the
outcome of such hearing and any appeals there-
from; and
‘‘(B) whether such alien is contesting de-
portability or inadmissibility or applying for any
relief from removal and, if such alien is not
doing so, the reason for the alien’s continued
detention.
‘‘(7) For each alien who has been removed—
‘‘(A) whether the United States govern-
ment urged the nation to which the alien was
removed to detain that alien;
‘‘(B) the United States government’s pur-
pose in urging such detention;
‘‘(C) whether the Department of State has
determined that the foreign government detain-
ing such alien uses torture or other coercive
methods of interrogation; and
‘‘(D) whether the United States govern-
ment intends to obtain any information from
such foreign government that is the result of in-
terrogation of that alien.’’.
(b) SENSE OF CONGRESS.—The following is the sense
of Congress:
(1) The failure of the Attorney General to meet
the reporting requirements of sections 903(b) and
904(d) of the Haitian Refugee Immigration Fairness
Act of 1998 (enacted as part of Public Law 105-
277), as in effect prior to the date of the enactment
of this Act, has severely impacted the ability of Con-
gress to exercise its plenary power over immigration
and meet its constitutional responsibility to conduct
oversight over the detention practices of the Immi-
gration and Naturalization Service.
(2) Congress is deeply troubled by the repeated
failure of the Attorney General, without explanation,
to meet these and other reporting requirements
mandated by law.
(3) Congress expects that the Attorney General
will produce the reports mandated by sections
903(b) and 904(d) of such Act (as in effect prior to
the date of the enactment of this Act) without delay.
(4) Congress further expects that the Attorney
General will produce the reports mandated by sec-
tions 904(d) and 904(e) of such Act, as amended by
this section, not later than 90 days after the date of
the enactment of this Act.
(5) Congress further expects that, immediately
upon the enactment of this Act, the Attorney Gen-
eral will inform Congress of his progress in com-
plying with the reporting requirements described in
paragraphs (3) and (4), including the estimated
dates of completion of such reports.
SEC. 139. CLARIFICATION OF INTENT OF TRANSITIONAL
PROVISION ON REFERENCES TO REMOVAL
ORDERS.
Section 309(d)(2) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101
note) is amended by striking ‘‘deportation.’’ and inserting
‘‘deportation, except that nothing in this paragraph shall
be construed as making any change in the Immigration
and Nationality Act made by this Act effective retro-
actively.’’.
Subtitle E—Consular Review of
Visa Applications
SEC. 141. ESTABLISHMENT OF A BOARD OF VISA APPEALS.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended by inserting after section 224 the following
new section:
‘‘BOARD OF VISA APPEALS
‘‘SEC. 225. (a) ESTABLISHMENT.—The Secretary of
State shall establish within the Department of State a
Board of Visa Appeals. The Board shall be composed of
5 members who shall be appointed by the Secretary. Not
more than 2 members of the Board may be consular offi-
cers. The Secretary shall designate a member who shall
be chairperson of the Board.
‘‘(b) AUTHORITY AND FUNCTIONS.—The Board shall
have authority to review any discretionary decision of a
consular officer with respect to an alien concerning the
denial, revocation, or cancellation of an immigrant visa or
of a nonimmigrant visa or petition, or the denial of an
application for waiver of one or more grounds of inadmis-
sibility under section 212. The review of the Board shall
be made upon the record for decision of the consular offi-
cer, including all documents, notes, and memoranda filed
with the consular officer, supplemented by affidavits and
other writings if offered by the consular officer or alien.
Upon a conclusive showing that the decision of the con-
sular official is contrary to the preponderance of the evi-
dence, the Board shall have authority to overrule, or re-
mand for further consideration, the decision of such con-
sular officer.
‘‘(c) PROCEDURE.—Proceedings before the Board
shall be in accordance with such regulations, not incon-
sistent with this Act and sections 556 and 557 of title
5, United States Code, as the Secretary of State shall pre-
scribe. Such regulations shall include requirements that
provide that—
‘‘(1) at the time of any decision of a consular
officer under subsection (b), an alien, attorney of
record, and any interested party defined in sub-
section (d) shall be given notice of the availability of
the review process and the necessary steps to re-
quest such review;
‘‘(2) a written record of the proceedings and de-
cision of the consular officer (in accordance with sec-
tions 556 and 557 of title 5, United States Code)
shall be available to the Board, and on payment of
lawfully prescribed costs, shall be made available to
the alien;
‘‘(3) upon receipt of request for review under
this section, the Board shall, within 30 days, notify
the consular officer with respect to whose decision
review is sought, and, upon receipt of such notice,
such officer shall promptly (but in no event more
than 30 days after such receipt) forward to the
Board the record of proceeding as described in sub-
section (b);
‘‘(4) the appellant shall be given notice, reason-
able under all the circumstances of the time and
place at which the Board proceedings will be held;
‘‘(5) the appellant may be represented (at no
expense to the Government) by such counsel, author-
ized to practice in such proceedings, as the appellant
shall choose; and
‘‘(6) a request for review under this section
must be made in writing to the Board within 60
days after receipt of notice of the denial, revocation,
or cancellation.
‘‘(d) INTERESTED PARTIES.—The Board shall review
each decision described in subsection (b) upon request of
the alien or any of the following interested parties:
‘‘(1) The petitioner or beneficiary of an immi-
grant visa petition approved under section 203(a),
203(b)(1), 203(b)(4), 203(b)(5), or 203(c), or the
petitioner of an immigrant visa petition approved
under section 203(b)(2) or 203(b)(3).
‘‘(2) The petitioner of a nonimmigrant visa pe-
tition.
‘‘(3) The postsecondary educational institution
approved for the attendance of nonimmigrant stu-
dents 
under 
section 
101(a)(15)(F)(i) 
or
101(a)(15)(M)(i) which has provided notice of the
acceptance of the alien in its program.
‘‘(4) A recognized international agency or orga-
nization approved as a program sponsor under sec-
tion 101(a)(15)(J) which has provided notice of the
acceptance of the alien in its program.
‘‘(5) A treaty investor or trader individual or
organization in the United States that, under section
101(a)(15)(E), has made an offer of employment to
an alien to perform executive or supervisory manage-
ment functions.
‘‘(e) LIMITATION.—A review may not be requested
under this section more than once in any 24-month period.
‘‘(f) CONSTRUCTION.—This section may not be con-
strued to restrict any right to further administrative or
judicial review established under any other provision of
law.
‘‘(g) FEES.—The Secretary of State shall charge, and
collect, an appropriate fee associated with a request to the
Board for a review. Such fee shall be sufficient to cover
the cost of the administration of this section.’’.
(b) TECHNICAL AMENDMENTS.—
(1) Section 222(f) (8 U.S.C. 1202(f)) is
amended—
(A) by striking ‘‘except that’’ and all that
follows up to the period; and
(B) by adding at the end: ‘‘An interested
party under section 225(d) or court shall be
permitted to inspect the record of proceeding as
described in subsections (c)(2) and (c)(3) of
section 225.’’.
(2) Section 104(a)(1) (8 U.S.C. 1104(a)(1)) is
amended by striking the ‘‘except’’ and inserting ‘‘in-
cluding’’.
(3) The table of contents is amended by insert-
ing after the item relating to section 224 the fol-
lowing new item:
‘‘Sec. 225. Board of Visa Appeals.’’.
SEC. 142. NONDISCRIMINATION PROVISIONS.
(a) NONDISCRIMINATION
IN ISSUANCE
OF IMMI-
GRANT VISAS.—Section 202(a)(1) (8 U.S.C. 1152(a)(1))
is amended—
(1) in subparagraph (A), by inserting ‘‘sexual
orientation, disability,’’ after ‘‘sex,’’; and
(2) in subparagraph (B), by striking ‘‘proc-
essed.’’ and inserting ‘‘processed, to the extent that
such procedures do not discriminate based on race,
sex, sexual orientation, disability, nationality, place
of birth, or place of residence in violation of sub-
paragraph (A).’’.
(b) NONDISCRIMINATION
IN ISSUANCE
OF NON-
IMMIGRANT VISAS.—Section 214 (8 U.S.C. 1184) is
amended—
(1) by redesignating the subsection (l) added by
section 625(a) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (Public
Law 104–208; 110 Stat. 3009–1820) as subsection
(m); and
(2) by adding at the end the following:
‘‘(n) Except as specifically provided by law, no person
shall receive any preference or priority or be discriminated
against in the issuance of a nonimmigrant visa because
of the person’s race, sex, sexual orientation, disability, na-
tionality, place of birth, or place of residence.’’.
TITLE II—FAIRNESS AND EQUITY
IN CASES INVOLVING PRE-
VIOUS 
AND 
MINOR 
MIS-
CONDUCT
Subtitle A—Increased Fairness and
Equity 
Concerning 
Removal
Proceedings
SEC. 201. EQUITABLE DEFINITION OF ‘‘CRIME INVOLVING
MORAL TURPITUDE’’.
(a) CONVICTION
OF
CERTAIN
CRIMES.—Section
212(a)(2)(A)(i) (8 U.S.C. 1182(a)(2)(A)(i)) is amended
by striking ‘‘of, or who admits having committed, or who
admits committing acts which constitute the essential ele-
ments of—’’ and inserting ‘‘of—’’.
(b) EXCEPTION.—Section 212(a)(2)(A)(ii)(II) (8
U.S.C. 1182(a)(2)(A)(ii)(II)) is amended—
(1) by striking ‘‘the maximum’’ and all that fol-
lows through ‘‘such crime,’’; and
(2) by striking ‘‘6 months’’ and inserting ‘‘1
year’’.
SEC. 202. EQUITABLE APPLICATION AND DEFINITION OF
‘‘AGGRAVATED FELONY’’.
(a) ILLICIT TRAFFICKING.—Section 101(a)(43)(B)
(8 U.S.C. 1101(a)(43))(B)) is amended by striking
‘‘Code);’’ and inserting ‘‘Code), except a single offense of
simple possession of a controlled substance that is an
alien’s first controlled substance offense;’’.
(b) CRIMES OF VIOLENCE AND THEFT OFFENSES.—
Subparagraphs (F), (G), (J), (M), (R), and (S) of section
101(a)(43) (8 U.S.C. 1101(a)(43)) are each amended by
striking ‘‘imprisonment’’ and all that follows through the
semicolon and inserting ‘‘imprisonment of more than 5
years;’’.
(c) ALIEN SMUGGLING.—Section 101(a)(43)(N) (8
U.S.C. 101(a)(43)(N)) is amended—
(1) by inserting ‘‘committed for the purpose of
commercial advantage,’’ after ‘‘smuggling),’’; and
(2) by adding at the end a semicolon.
(d) DISCRETIONARY WAIVER IN CASES OF OTHER
MINOR FELONIES.—Section 101 (8 U.S.C. 1101) is
amended by adding at the end the following:
‘‘(i) For purposes of this Act, and notwithstanding
subsection (a)(43), the Attorney General may treat any
conviction that did not result in incarceration for more
than 1 year as if such conviction were not a conviction
for an aggravated felony.’’.
(e) CONFORMING CHANGE CONCERNING REMOVAL
OF
NONPERMANENT
RESIDENTS.—Section 238(b) (8
U.S.C. 1228(b)) is amended by striking paragraph (5).
SEC. 203. EQUITABLE DEFINITIONS OF ‘‘CONVICTION’’ AND
‘‘TERM OF IMPRISONMENT’’.
Section 101(a)(48) (8 U.S.C. 1101(a)(48)) is
amended—
(1) in subparagraph (A), by striking ‘‘court’’
and all that follows through the period at the end
and inserting ‘‘court. An adjudication or judgment
of guilt that has been expunged, deferred, annulled,
invalidated, withheld, or vacated, an order of proba-
tion without entry of judgment, or any similar dis-
position shall not be considered a conviction for pur-
poses of this Act.’’; and
(2) in subparagraph (B)—
(A) by inserting ‘‘only’’ after ‘‘deemed to
include’’; and
(B) by striking ‘‘court of law’’ and all that
follows through the period at the end and in-
serting ‘‘court of law. Any such reference shall
not be deemed to include any suspension of the
imposition or execution of that imprisonment or
sentence in whole or in part.’’.
SEC. 204. EQUITABLE DEFINITION OF ‘‘CRIMES OF MORAL
TURPITUDE’’.
Section 
237(a)(2)(A)(i)(II) 
(8 
U.S.C.
1227(a)(2)(A)(i)(II)) is amended to read as follows:
‘‘(II) for which the alien has been
incarcerated for a period exceeding
one year,’’.
SEC. 205. RESTORATION OF FAIRNESS IN EQUITABLE RE-
LIEF FOR LONG-TIME LEGAL PERMANENT
RESIDENTS.
(a) 
CANCELLATION
OF
REMOVAL.—Section
240A(a)(3) (8 U.S.C. 1229b(a)(3)) is amended to read as
follows:
‘‘(3) has not been convicted of an aggravated
felony for which the sentence imposed is five years
or more.’’.
(b) REPEAL OF RULE FOR TERMINATION OF CON-
TINUOUS PERIOD.—
(1) Section 240A(d)(1) (8 U.S.C. 1229b(d)(1))
(8 U.S.C. 1229b(a)) is repealed.
(2) Section 240A(d) (8 U.S.C. 1229b) is
amended—
(A) by redesignating paragraphs (2) and
(3) as paragraphs (1) and (2), respectively; and
(B) by inserting before the period at the
end of paragraph (1) (as redesignated) the fol-
lowing: ‘‘, unless the alien’s departure from the
United States was due to a temporary trip
abroad required by emergency or extenuating
circumstances outside the control of the alien’’.
(c) CANCELLATION
OF REMOVAL
FOR CERTAIN
OTHER PERMANENT RESIDENTS FOR URGENT HUMANI-
TARIAN REASONS OR SIGNIFICANT PUBLIC BENEFIT.—
Section 240A (8 U.S.C. 1229b) is amended by adding at
the end the following:
‘‘(f) CANCELLATION
OF REMOVAL
FOR CERTAIN
PERMANENT RESIDENTS FOR URGENT HUMANITARIAN
REASONS
OR SIGNIFICANT PUBLIC BENEFIT.—In the
case of an alien otherwise eligible for cancellation of re-
moval under subsection (a), except that the alien has been
convicted of an aggravated felony that renders the alien
unable to satisfy the requirement in subsection (a)(3), the
Attorney General may cancel removal of the alien under
such conditions as the Attorney General may prescribe,
but only—
‘‘(1) on a case-by-case basis for urgent humani-
tarian reasons, significant public benefit (including
assuring family unity), or any other sufficiently com-
pelling reason; and
‘‘(2) after making a written determination that
the cancellation of removal poses no danger to the
safety of persons or property.’’.
SEC. 206. RESTORATION OF FAIRNESS IN EQUITABLE RE-
LIEF FOR OTHER NONCITIZENS.
(a) CANCELLATION OF REMOVAL AND ADJUSTMENT
FOR
CERTAIN
NONPERMANENT
RESIDENTS.—Section
240A(b)(1) (8 U.S.C. 1229b(b)(1)) is amended to read as
follows:
‘‘(1) IN GENERAL.—The Attorney General may
cancel removal in the case of an alien who is inad-
missible or deportable from the United States if the
alien—
‘‘(A) has been physically present in the
United States for a continuous period of—
‘‘(i) 7 years immediately preceding the
date of application in the case of an
alien—
‘‘(I) who is deportable on any
ground other than a ground specified
in clause (ii)(I); and
‘‘(II) whose deportation would, in
the opinion of the Attorney General,
result in extreme hardship to the alien
or the alien’s spouse, parent, son, or
daughter, who is a citizen of the
United States or an alien lawfully ad-
mitted for permanent residence; or
‘‘(ii) 10 years immediately preceding
the date of application in the case of an
alien—
‘‘(I) who is deportable for convic-
tion of an offense under section
212(a)(2), 237(a)(2), or 237(a)(3);
and
‘‘(II) whose deportation would, in
the opinion of the Attorney General,
result in exceptional and extremely
unusual hardship to the alien or the
alien’s spouse, parent, son, or daugh-
ter, who is a citizen of the United
States or an alien lawfully admitted
for permanent residence’’; and
‘‘(B) has been a person of good moral
character during such period.’’.
(b) ELIMINATION OF ANNUAL LIMITATION.—Section
240A (8 U.S.C. 1229b) is amended by striking subsection
(e).
SEC. 207. ELIMINATING UNFAIR RETROACTIVE CHANGES IN
REMOVAL RULES FOR PERSONS SUBJECT TO
PENDING PROCEEDINGS.
(a) 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.’’.
(b) 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 by reason of committing
any offense that was not a ground of deportability on the
date the offense occurred.’’.
(c) GROUNDS OF INADMISSIBILITY.—Section 212 (8
U.S.C. 1182) is amended by adding at the end the fol-
lowing new subsection:
‘‘(p) Notwithstanding any other provision of this sec-
tion, an alien is not inadmissible by reason of committing
any offense that was not a ground of inadmissibility on
the date the offense occurred.’’.
SEC. 208. ELIMINATING UNFAIR RETROACTIVE CHANGES IN
REMOVAL RULES FOR PERSONS PREVIOUSLY
REMOVED.
(a) IN GENERAL.—The Attorney General shall estab-
lish a process by which an alien described in subsection
(b) may apply for reopening a proceeding so as to seek
relief from exclusion, deportation, or removal under sec-
tion 212(c) of the Immigration and Nationality Act, as
such section was in effect prior to the enactment of the
Antiterrorism and Effective Death Penalty Act of 1996,
or section 240A of the Immigration and Nationality Act,
as amended by this Act.
(b) ALIEN DESCRIBED.—An alien referred to in sub-
section (a) is an alien who received a final order of exclu-
sion, deportation, or removal, or a decision on a petition
for review or petition for habeas corpus, on or after Sep-
tember 30, 1996, and who was—
(1) excluded, deported, or removed from the
United States by reason of having committed a
criminal offense that was not a basis for removal,
exclusion, or deportation on the date on which the
offense was committed;
(2) excluded, deported, or removed from the
United States by reason of having committed a
criminal offense that is not a basis for removal, ex-
clusion, or deportation on the date of the enactment
of this Act; or
(3) excluded, deported, or removed from the
United States by reason of having committed a
criminal offense prior to April 24, 1996, for which
there was relief from exclusion, deportation, or re-
moval available prior to such date.
(c) PAROLE.—The Attorney General may exercise the
parole authority under section 212(d)(5)(A) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(d)(5)(A)) for
the purpose of permitting aliens excluded, deported, or re-
moved from the United States to participate in the process
established under subsection (a), if the alien establishes
prima facie eligibility for the relief.
Subtitle B—Increased Fairness and
Equity Concerning 5-Year Bars
to 
Admission 
and 
Other
Grounds for Exclusion
SEC. 211. LIMITING 5-YEAR BAR TO ADMISSION TO PER-
SONS WHO WILLFULLY FAIL TO ATTEND RE-
MOVAL PROCEEDINGS.
Section 212(a)(6)(B) (8 U.S.C. 1182(a)(6)(B)) is
amended to read as follows:
‘‘(B) FAILURE TO ATTEND REMOVAL PRO-
CEEDINGS.—
‘‘(i) IN
GENERAL.—Any alien who
willfully and without reasonable cause fails
or refuses to attend or remain in attend-
ance at a proceeding to determine the
alien’s inadmissibility or deportability and
who seeks admission to the United States
within 5 years of such alien’s subsequent
departure or removal is inadmissible.
‘‘(ii) WAIVER AUTHORIZED.—For pro-
vision authorizing waiver of clause (i), see
subsection (d)(13).’’.
SEC. 212. LIMITING 5-YEAR BAR TO ADMISSION TO PER-
SONS WHO WILLFULLY VIOLATE STUDENT
VISA CONDITIONS.
(a) IN GENERAL.—Section 212(a)(6)(G) (8 U.S.C.
1182(a)(6)(G)) is amended to read as follows:
‘‘(G) STUDENT VISA ABUSERS.—
‘‘(i) IN GENERAL.—An alien who ob-
tains the status of a nonimmigrant under
section 101(a)(15)(F)(i) and who willfully
violates a term or condition of such status
under section 214(m) is inadmissible until
the alien has been outside the United
States for a continuous period of 5 years
after the date of the violation.
‘‘(ii) WAIVER AUTHORIZED.—For pro-
vision authorizing waiver of clause (i), see
subsection (d)(13).’’.
(b) 
TECHNICAL
AMENDMENT.—Section
101(a)(15)(F)(i) (8 U.S.C. 1101(a)(15)(F)(i)) is amended
by striking ‘‘214(l)’’ and inserting ‘‘214(m)’’.
SEC. 213. LIMITING BAN ON ADMISSIBILITY TO PERSONS
WHO WILLFULLY MAKE FALSE CLAIMS FOR
CITIZENSHIP.
(a) CLASSES
OF DEPORTABLE ALIENS.—Section
237(a)(3)(D) (8 U.S.C. 1227(a)(3)(D)) is amended by in-
serting ‘‘and willfully’’ after ‘‘falsely’’ each place such
term appears.
(b) CLASSES
OF INADMISSIBLE ALIENS.—Section
212(a)(6)(C)(ii) (8 U.S.C. 1182(a)(6)(C)(ii)) is amended
by inserting ‘‘and willfully’’ after ‘‘falsely’’ each place such
term appears.
SEC. 214. EQUITABLE WAIVER OF INADMISSIBILITY FOR
MINOR CRIMINAL OFFENSES.
Section 212(h) (8 U.S.C. 1182(h)) is amended—
(1) in the matter preceding paragraph (1), by
striking ‘‘offense of simple possession of 30 grams or
less of marijuana’’ and inserting ‘‘controlled sub-
stance offense for which the alien was not incarcer-
ated for a period exceeding 1 year’’; and
(2) by striking the final two sentences.
SEC. 215. ELIMINATING THE 3 AND 10 YEAR BARS TO INAD-
MISSIBILITY.
Section 
212(a)(9) 
(8 
U.S.C. 
1182(a)(9)) 
is
amended—
(1) by striking subparagraph (B) and redesig-
nating subparagraph (C) as subparagraph (B); and
(2) in subparagraph (B), as so redesignated, by
striking ‘‘10 years’’ and inserting ‘‘3 years’’.
TITLE III—ENCOURAGING
FAMILY REUNIFICATION
Subtitle A—Reuniting Family
Members
SEC. 301. VISA FOR SPOUSES AND CHILDREN OF PERMA-
NENT RESIDENTS TEMPORARILY 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) an alien (other than one coming for the
purpose of study or of performing skilled or un-
skilled labor or as a representative of foreign press,
radio, film, or other foreign information media com-
ing to engage in such vocation) who is the bene-
ficiary 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), (v), or (vi) 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) PROVISIONS AFFECTING NONIMMIGRANT STA-
TUS.—Section 214 (8 U.S.C. 1184) is amended—
(1) by redesignating the subsections (o) and
(p), as added by sections 1102(b) and 1103(b) of
the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations
Act, 2001 (as enacted into law by section 1(a)(2) of
Public Law 106–553) as subsections (p) and (q), re-
spectively; and
(2) by amending paragraph (1)(B)(i) of sub-
section (p) (as so redesignated) to read as follows:
‘‘(i) The petition filed under section 204
for which the visa was authorized under section
101(a)(15)(V).’’.
SEC. 302. REFUGEE STATUS FOR UNMARRIED SONS AND
DAUGHTERS OF REFUGEES.
Section 207(c)(2) (8 U.S.C. 1157(c)(2)) is amended
by adding at the end the following:
‘‘When warranted by unusual circumstances or to
preserve family unity, the Attorney General may, in
the Attorney General’s discretion, consider an un-
married son or daughter of a refugee to be a child
of the refugee for purposes of this paragraph.’’.
SEC. 303. ASYLEE STATUS FOR UNMARRIED SONS AND
DAUGHTERS OF ASYLEES.
Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended
by adding at the end the following:
‘‘When warranted by unusual circumstances or to
preserve family unity, the Attorney General may, in
the Attorney General’s discretion, consider an un-
married son or daughter of an alien who is granted
asylum under this subsection to be a child of the
alien for purposes of this paragraph.’’.
SEC. 304. PROTECTION AGAINST PROCESSING DELAYS.
(a) IN GENERAL.—
(1) NEW SECTION.—Title I (8 U.S.C. 1101 et
seq.) is amended by adding at the end the following:
‘‘PROTECTION AGAINST PROCESSING DELAYS FOR
CHILDREN
‘‘SEC. 106. (a) IN GENERAL.—
‘‘(1) DETERMINATION OF WHO IS A CHILD.—In
the case of an application initially to grant a benefit
under this Act (other than an application for natu-
ralization) that otherwise would be granted only
after a determination that the beneficiary of the ap-
plication is a child (such as classification as an im-
mediate relative under section 201(b)(2)(A)(i)), if
the application is neither approved nor denied (on
procedural or substantive grounds) during the 90-
day period beginning on the date of the filing of the
application—
‘‘(A) the beneficiary shall be considered to
be a child for all purposes related to the receipt
of the benefit if the beneficiary was a child on
the last day of such 90-day period; and
‘‘(B) the beneficiary shall not otherwise be
prejudiced with respect to such determination
by such delay, and shall be considered to be a
child under this Act for all purposes related to
such application.
‘‘(2) TERMINATION
OF
BENEFIT.—Paragraph
(1) shall remain in effect until the termination of
the 1-year period beginning on the date on which the
application described in such paragraph is approved.
‘‘(b) SPECIAL BENEFITS FOR SONS AND DAUGHTERS
OF NATURALIZED PARENTS.—
‘‘(1) IN GENERAL.—In the case of an alien son
or daughter of a parent who is a naturalized citizen,
if the alien is the beneficiary of an application for
a benefit under this Act that otherwise would be
granted only after a determination that the alien is
a child—
‘‘(A) the alien shall not be prejudiced with
respect to such determination by the failure of
the Attorney General to approve the parent’s
application for naturalization during the 90-day
period beginning on date of the filing of the ap-
plication; and
‘‘(B) the alien son or daughter shall be
considered to be a child for all purposes related
to such application if the alien was a child on
the last day of such 90-day period.
‘‘(2) TERMINATION
OF
BENEFIT.—Paragraph
(1) shall remain in effect until the termination of
the 1-year period beginning on the date on which the
application described in such paragraph is ap-
proved.’’.
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended by inserting after the
item relating to section 105 the following:
‘‘Sec. 106.
Protection against processing delays for children.’’.
(b) PROTECTION AGAINST PREJUDICIAL EFFECTS
OF PROCESSING DELAYS RELATED TO CHANGE IN FAM-
ILY STATUS.—Section 203 (8 U.S.C. 1153) is amended
by adding at the end the following:
‘‘(h) PROTECTION AGAINST PREJUDICIAL EFFECTS
OF PROCESSING DELAYS RELATED TO CHANGE IN FAM-
ILY STATUS.—
‘‘(1) IN GENERAL.—In the case of an applica-
tion for receipt of an immigrant visa under sub-
section (a), an application for receipt of an immi-
grant visa under subsection (d) based on a familial
relationship to an alien entitled to immigrant status
under subsection (a), or an application for adjust-
ment of status under section 245 based on the avail-
ability of an immigrant visa under subsection (a), if
the application is neither approved nor denied (on
procedural or substantive grounds) during the 90-
day period beginning on the date of the filing of the
application, the eligibility of the alien beneficiary of
the application, for all purposes related to the re-
ceipt of the applicable benefit, shall be adjudicated
based on the alien’s familial status and relationships
on the last day of such 90-day period.
‘‘(2) TERMINATION
OF
BENEFIT.—Paragraph
(1) shall remain in effect until the termination of
the 1-year period beginning on the date on which the
application described in such paragraph is approved.
‘‘(3) CONSTRUCTION.—Paragraph (1) shall not
be construed to supersede any ground of inadmis-
sibility under section 212(a).’’.
(c) PREVENTING
IMMIGRANTS
FROM
WAITING
LONGER FOR IMMIGRANT VISAS AS A RESULT OF RE-
CLASSIFICATION FROM FAMILY SECOND PREFERENCE TO
FAMILY FIRST PREFERENCE.—Section 203 (8 U.S.C.
1153) is amended by adding at the end the following new
subsection:
‘‘(h) ENSURING IMMIGRANTS DO NOT HAVE TO
WAIT LONGER FOR AN IMMIGRANT VISA AS A RESULT
OF RECLASSIFICATION FROM FAMILY SECOND PREF-
ERENCE
TO
FAMILY
FIRST
PREFERENCE.—Notwith-
standing any other provision of law, in the case of a peti-
tion that has been approved to accord preference status
under subsection (a)(2)(A), the petition may be deemed
to provide continued entitlement to status under that sub-
section in the case of any alien petitioner who is subse-
quently naturalized as a United States citizen, if a visa
is not immediately available to the beneficiary under sub-
section (a)(1).’’.
Subtitle B—Limited Waiver of
Grounds of Admissibility
SEC. 311. DISCRETIONARY WAIVER IN CASES INVOLVING
FAMILY MEMBERS.
(a) IN GENERAL.—Section 212(i) (8 U.S.C. 1182(i))
is amended to read as follows:
‘‘(i) The Attorney General may, in the discretion of
the Attorney General, waive the application of subpara-
graph (A)(i), or clause (i) or (ii) of subparagraph (C), of
subsection (a)(6) in the case of an immigrant who is the
parent, spouse, son, or daughter of a United States citizen
or of an alien lawfully admitted for permanent residence
if it is established to the satisfaction of the Attorney Gen-
eral that the refusal of admission to the United States
of such immigrant alien would result in hardship to the
alien or to the citizen or lawfully resident parent, spouse,
son, or daughter of such an alien.’’.
(b) CONFORMING AMENDMENTS.—Section 212(a)(6)
(8 U.S.C. 1182(a)(6)) is amended—
(1) in subparagraph (A), by adding at the end
the following:
‘‘(iii) 
WAIVER
AUTHORIZED.—For
provision authorizing waiver of this sub-
paragraph, see subsection (i).’’; and
(2) in subparagraph (C)(iii), by striking ‘‘clause
(i),’’ and inserting ‘‘this subparagraph’’.
SEC. 312. DISCRETIONARY WAIVER IN DOCUMENT CASES
INVOLVING FAMILY MEMBERS.
(a) INADMISSIBLE ALIENS.—Section 212(d)(12) (8
U.S.C. 1182(d)(12)) is amended by striking ‘‘spouse or
child’’ and inserting ‘‘spouse, son, daughter, or parent’’.
(b) DEPORTABLE ALIENS.—Section 237(a)(3)(C)(ii)
(8 U.S.C. 1227(a)(3)(C)(ii)) is amended by striking
‘‘spouse or child’’ and inserting ‘‘spouse, son, daughter,
or parent’’.
SEC. 313. DISCRETIONARY WAIVER TO ADMIT PERSONS IN
UNUSUAL CIRCUMSTANCES.
(a) NEW GENERAL WAIVER.—Section 212(d) (8
U.S.C. 1182(d)) is amended by adding at the end the fol-
lowing:
‘‘(13) The Attorney General may, in the discretion
of the Attorney General for humanitarian purposes, to as-
sure family unity, or when it is otherwise in the public
interest, waive the application of subparagraph (B)(i) or
(G)(i) of subsection (a)(6) or clause (i) or (ii) of subsection
(a)(9)(A) in unusual circumstances. For purposes of the
preceding sentence, an instance of battering or extreme
cruelty is deemed to constitute unusual circumstances in
the case where it is inflicted on an alien (or a child of
an alien) by the alien’s United States citizen or lawful per-
manent resident spouse, parent, child, son, or daughter.’’.
(b) WAIVER FOR ALIENS PREVIOUSLY REMOVED.—
Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is amend-
ed by adding at the end the following:
‘‘(iv) 
WAIVER
AUTHORIZED.—For
provision authorizing waiver of clause (i)
or (ii), see subsection (d)(13).’’.
Subtitle C—Eliminating Unfairness
and Waste in Section 245(i)
Waivers
SEC. 321. PERMANENT APPLICATION OF SECTION 245(i).
Section 245(i)(1) (8 U.S.C. 1255(i)(1)) is amended
by striking ‘‘(i)(1)’’ and all that follows through ‘‘The At-
torney General’’ 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 Attorney General for the adjustment of
his or her status to that of an alien lawfully admitted for
permanent residence. The Attorney General’’.
Subtitle D—Equitable Procedures
Concerning Voluntary Departure
SEC. 331. DISCRETIONARY DETERMINATION OF PERIOD OF
VOLUNTARY DEPARTURE.
Section 240B (8 U.S.C. 1229c) is amended in sub-
sections (a)(2) and (b)(2) by striking ‘‘not be valid’’ and
all that follows through the period and inserting ‘‘be valid
for a period determined by the Attorney General to be
suitable to an alien’s circumstances and that permits the
alien to depart without government expense or interven-
tion.’’.
SEC. 
332. 
DISCRETIONARY 
DETERMINATION 
OF 
VOL-
UNTARY DEPARTURE BOND BASED ON INDI-
VIDUAL CIRCUMSTANCES.
Section 240B(b)(3) (8 U.S.C. 1229c(b)(3)) is amend-
ed by striking ‘‘shall’’ and inserting ‘‘may’’.
SEC. 333. ELIMINATION OF AUTOMATIC PENALTIES FOR
FAILING TO DEPART IN ACCORDANCE WITH A
VOLUNTARY DEPARTURE GRANT.
Section 240B (8 U.S.C. 1229c) is amended by strik-
ing subsection (d).
Subtitle E—Fairness in
Determination of Public Charge
SEC. 341. EQUITABLE PROCEDURES CONCERNING PUBLIC
CHARGE AND AFFIDAVIT OF SUPPORT.
(a) GROUNDS FOR INELIGIBILITY FOR ADMISSION.—
Section 212(a)(4) (8 U.S.C. 1182(a)(4)) is amended—
(1) by amending subparagraph (B)(ii) to read
as follows:
‘‘(ii) If an alien submits an affidavit of
support described in section 213A, in addition
to the factors under clause (i), the consular of-
ficer or the Attorney General shall also consider
such affidavit in determining whether the alien
is inadmissible under this paragraph.’’; and
(2) by striking subparagraphs (C) and (D).
(b) REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF
SUPPORT.—Subsections 
(a)(1)(A), 
(f)(1)(E), 
and
(f)(4)(B)(i) of section 213A (8 U.S.C. 1183a(a)(1)(A),
(f)(1)(E), and (f)(4)(B)(i)) are amended by striking
‘‘125’’ and inserting ‘‘100’’.
TITLE IV—FAIRNESS IN ASYLUM
AND REFUGEE PROCEEDINGS
Subtitle A—Increased Fairness in
Asylum Proceedings
SEC. 401. ELIMINATION OF ARBITRARY TIME LIMITS ON
ASYLUM APPLICATIONS.
Section 
208(a)(2) 
(8 
U.S.C. 
1158(a)(2)) 
is
amended—
(1) by striking subparagraph (B);
(2) in subparagraph (C), by striking ‘‘(D)’’ and
inserting ‘‘(C)’’;
(3) in subparagraph (D), by striking ‘‘subpara-
graphs (B) and (C),’’ and inserting ‘‘subparagraph
(B),’’; and
(4) by redesignating subparagraphs (C) and
(D) as subparagraphs (B) and (C), respectively.
SEC. 402. GENDER-BASED PERSECUTION.
(a) TREATMENT AS REFUGEE.—Section 101(a)(42)
(8 U.S.C. 1101(a)(42)) is amended by adding at the end
the following:
‘‘For purposes of determinations under this Act, a person
who establishes that he or she suffered persecution in the
past, or has a well-founded fear of persecution, on account
of gender shall be considered to have suffered persecution,
or to have a well-founded fear of persecution, on account
of membership in a particular social group.’’.
(b) RESTRICTION ON REMOVAL TO COUNTRY WHERE
ALIEN WOULD BE THREATENED.—Section 241(b)(3) (8
U.S.C. 1231(b)(3)) is amended by adding at the end the
following:
‘‘(C) GENDER-BASED PERSECUTION.—For
purposes of determinations under this para-
graph, an alien who establishes that the alien’s
life or freedom would be threatened in a coun-
try on account of gender shall be considered to
have established that the alien’s life or freedom
would be threatened in that country on account
of membership in a particular social group.’’.
SEC. 403. PRESUMPTION OF ASYLUM IN CASES OF PAST
PERSECUTION.
Section 101(a)(42) (8 U.S.C. 1101(a)(42)) is amend-
ed by adding at the end the following:
‘‘For purposes of determinations under this Act, a person
shall be presumed to have a well-founded fear of future
persecution if he or she has established that he or she was
persecuted in the past, unless a preponderance of the evi-
dence establishes that since the time the persecution oc-
curred conditions in the person’s country of nationality or
last habitual residence have changed to such an extent
that the person no longer has a well-founded fear of being
persecuted if he or she were to return. In a case where
the presumption is rebutted, the person nonetheless may
be considered a refugee if the person demonstrates com-
pelling reason for being unwilling to return to the person’s
country of nationality or last habitual residence arising
out of the severity of the past persecution.’’.
SEC. 404. REBUTTABLE PRESUMPTION OF ASYLUM WHERE
PERSECUTION OCCURS WITH RESPECT TO A
PARTICULAR LOCATION IN A COUNTRY.
Section 101(a)(42) (8 U.S.C. 1101(a)(42)) is amend-
ed by adding at the end the following:
‘‘For purposes of determinations under this Act, a person
who establishes that he or she suffered persecution in the
past, or has a well-founded fear of persecution, with re-
spect to any location in the person’s country of nationality
or last habitual residence shall be presumed to have a well-
founded fear of future persecution with respect to all loca-
tions in such country, unless a preponderance of the evi-
dence establishes that the threat of future persecution is
not country-wide. In a case where the presumption is re-
butted, the person nonetheless may be considered a ref-
ugee if the person demonstrates that it would be unreason-
able to require the person to resettle in any location in
such country.’’.
SEC. 405. ELIMINATION OF ARBITRARY CAP ON PERSONS
ELIGIBLE TO ADJUST STATUS FROM ASYLEES
TO LEGAL PERMANENT RESIDENTS.
Section 209(b) (8 U.S.C. 1159(b)) is amended by
striking ‘‘Not more than 10,000 of the’’ and all that fol-
lows through ‘‘to adjust to’’ and inserting ‘‘The Attorney
General may adjust, in the Attorney General’s discretion
and under such regulations as the Attorney General may
prescribe,’’.
SEC. 
406. 
RESTORATION 
OF 
ELIGIBILITY 
FOR 
WITH-
HOLDING OF REMOVAL FOR PERSONS FAC-
ING LOSS OF LIFE OR FREEDOM.
Section 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is
amended—
(1) by amending clause (ii) to read as follows:
‘‘(ii) the alien—
‘‘(I) has been convicted by final
judgment of a particularly serious
crime for which the sentence imposed
was an aggregate term of imprison-
ment of five years or more; and
‘‘(II) is a danger to the commu-
nity of the United States.’’;
(2) by striking the second and third sentences;
and
(3) by adding at the end ‘‘Notwithstanding this
subparagraph, an alien may be granted relief under
subparagraph (A) if the Attorney General deter-
mines the alien should not be removed for urgent
humanitarian reasons.’’.
Subtitle B—Increased Fairness and
Rationality 
in 
Refugee 
Con-
sultations
SEC. 411. TIMELY CONSULTATION WITH RESPECT TO REF-
UGEE ADMISSIONS.
Section 207(d)(1) (8 U.S.C. 1157(d)(1)) is amended
by striking ‘‘the start of each fiscal year’’ and inserting
‘‘the submission by the President to the Congress of the
President’s budget for the Federal Government with re-
spect to a fiscal year,’’.
TITLE V—MISCELLANEOUS
PROVISIONS
SEC. 501. LIMITING FORFEITURE FOR CERTAIN ASSETS
USED TO VIOLATE INS WHERE THERE WAS
NO COMMERCIAL GAIN.
Section 274(b)(1) (8 U.S.C. 1324(b)(1)) is amended
by inserting ‘‘for the purpose of commercial advantage or
private financial gain’’ after ‘‘subsection (a)’’.
SEC. 502. ELIMINATION OF BAN ON STATE AND LOCAL GOV-
ERNMENTS FROM PREVENTING COMMUNICA-
TIONS WITH THE INS.
(a) IN GENERAL.—Section 642 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1373) is repealed.
(b) VERIFICATION OF ELIGIBILITY FOR FEDERAL
PUBLIC BENEFITS.—Section 432 of the Personal Respon-
sibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1642) is repealed.
SEC. 503. ELIMINATION OF AUTHORITY TO PERMIT STATE
PERSONNEL TO CARRY OUT IMMIGRATION
OFFICER FUNCTIONS.
Section 287(g) (8 U.S.C. 1357(g)) is repealed.
SEC. 504. PAROLE AUTHORITY.
Section 212(d)(5)(A) (8 U.S.C. 1182(d)(5)(A)) is
amended by striking ‘‘only on a case-by-case basis for ur-
gent humanitarian reasons or significant public benefit’’
and inserting ‘‘for emergent reasons or for reasons deemed
strictly in the public interest’’.
SEC. 505. ENHANCED BORDER PATROL RECRUITMENT AND
RETENTION.
(a) IN GENERAL.—
(1) GS–11 CLASSIFICATION.—Any Border Pa-
trol agent classified as a GS–1896 position who
completes a 1-year period of service at a GS–9 grade
and whose current rating of record is fully successful
or higher shall be classified at a GS–11 grade and
receive pay at the minimum rate of basic pay for a
GS–11 position.
(2) NONREDUCTION.—Paragraph (1) shall not
be construed to—
(A) limit or reduce the rate of pay of any
Border Patrol agent; or
(B) reclassify a Border Patrol agent at a
lower classification of position.
(b) OFFICE OF BORDER PATROL RECRUITMENT AND
RETENTION.—
(1) ESTABLISHMENT.—Not later than 90 days
after the date of the enactment of this Act, the
Commissioner of the Immigration and Naturaliza-
tion Service shall establish an Office of Border Pa-
trol Recruitment and Retention within the Immigra-
tion and Naturalization Service.
(2) FUNCTIONS.—The Office of Border Patrol
Recruitment and Retention shall—
(A) develop outreach programs to identify
and recruit prospective Border Patrol agents;
(B) develop programs to retain Border Pa-
trol agents; and
(C) submit recommendations to the Com-
missioner of the Immigration and Naturaliza-
tion Service relating to pay and benefits of Bor-
der Patrol agents.
(3) REPORT
TO
CONGRESS.—Not later than
150 days after the date of the enactment of this Act,
the Commissioner of the Immigration and Natu-
ralization Service shall submit a report to the Con-
gress on the establishment and activities of the Of-
fice of Border Patrol Recruitment and Retention.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $50,000,000 for fiscal
year 2003 and such sums as may be necessary for each
fiscal year thereafter to carry out this section.
SEC. 506. ELIMINATION OF DENIAL OF IMMIGRATION BENE-
FITS FOR ERRONEOUS ASYLUM APPLICA-
TION.
Section 208(d) (8 U.S.C. 1158(d)) is amended by
striking paragraphs (6) and (7).
SEC. 507. AUTHORIZATION OF APPROPRIATIONS FOR IM-
PLEMENTATION OF ACT.
There are authorized to be appropriated for fiscal
years 2003 through 2009 such sums as may be necessary
to implement this Act.
TITLE VI—EFFECTIVE DATES
SEC. 601. GENERAL EFFECTIVE DATE.
Except as provided in section 602, the amendments
made by this Act shall take effect on the date of the enact-
ment of this Act.
SEC. 602. OTHER EFFECTIVE DATES.
(a) TITLE I.—
(1) SECTION 102.—The amendments made by
section 102 shall take effect on the date of the en-
actment of this Act and shall apply to petitions for
review of determinations of the Attorney General
made on or after such date.
(2) SECTION
111.—The amendment made by
section 111 shall take effect on the date of the en-
actment of this Act and shall apply to determina-
tions pending on or after such date with respect to
which—
(A) a final administrative decision has
been not been rendered as of such date; or
(B) such a decision has been rendered but
the period for seeking judicial review of the de-
cision has not expired.
(3) SECTION
113.—The amendment made by
section 113 shall take effect on the date of the en-
actment of this Act and shall apply to aliens who are
in custody on or after such date.
(4) SECTIONS 114 AND 115.—The amendments
made by sections 114 and 115 shall take effect on
the date of the enactment of this Act and shall apply
to petitions for review filed on or after such date.
(5) SECTION
116.—The amendment made by
section 116 shall take effect on the date of the en-
actment of this Act and shall apply to appeals from
denial of a request for an order of voluntary depar-
ture, and requests for a stay of an alien’s removal
pending consideration of any claim with respect to
voluntary departure, filed on or after such date.
(6) SECTION
117.—The amendment made by
section 117 shall take effect on the date of the en-
actment of this Act and shall apply to cases in which
a final order of exclusion or deportation is entered
on or after the date of the enactment of this Act.
(7) SECTION 121.—The amendments made by
section 121 shall take effect on the date of the en-
actment of this Act and shall apply to removal pro-
ceedings pending on or after such date.
(8) SECTION
122.—The amendment made by
section 122 shall take effect on the date of the en-