I
107TH CONGRESS
2D SESSION
H. R. 5288
To reaffirm the historic treatment of part-time commuter students from
Canada and Mexico as temporary visitors for purposes of entry into
the United States.
IN THE HOUSE OF REPRESENTATIVES
JULY 26, 2002
Mr. LAFALCE (for himself, Mr. QUINN, Mr. HOUGHTON, Mr. STUPAK, Mr.
OBERSTAR, Mr. LARSEN of Washington, and Mr. MCDERMOTT) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary
A BILL
To reaffirm the historic treatment of part-time commuter
students from Canada and Mexico as temporary visitors
for purposes of entry into the United States.
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 ‘‘Commuter Students
From Border Nations Act of 2002’’.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Citizens of the United States, Canada, and
Mexico have always freely crossed the northern and
southern borders for purposes of travel for com-
merce, business, or pleasure.
(2) The North American Free Trade Agreement
gives preferential designation to United States, Ca-
nadian, and Mexican nationals who regularly travel
as part of their business to engage in trade or com-
merce among the three nations.
(3) The Jay Treaty of 1794 provides that citi-
zens of the United States and Canada ‘‘shall at all
times be free to . . . pass and repass by land or in-
land navigation’’ into each other countries.
(4) The United States and Canada have a
‘‘Special Agreement’’ that has historically imple-
mented immigration and commercial policies rooted
in a common history and founded upon principles of
‘‘grace and courtesy’’ first enunciated in the Jay
Treaty of 1794.
(5) Immigration and Naturalization Service
regulations acknowledge that ‘‘a visa is not required
of a Canadian national in any case. . . ,’’ thereby re-
affirming that Canadians are free to enter the
United States for business and for pleasure, without
a visa.
(6) Canadians and Mexicans who regularly
commute to study in the United States have always
been granted entry to the United States in the same
manner as Canadians and Mexicans who are granted
regular entry for recreation, to shop or to engage in
commercial activities.
(7) United States schools and their Canadian
and Mexican commuter students both reap substan-
tial cultural, educational, and economic benefits
from the ability of the students to commute to class-
es in communities along the northern and southern
borders.
(8) The policy announcement of May 22, 2002,
by the Immigration and Naturalization Service to
deny admission to part-time commuter students
from Canada and Mexico is contrary to the Jay
Treaty, the Immigration and Naturalization Act, the
North American Free Trade Agreement, and long-
standing Immigration and Naturalization Service
practice to admit part-time commuter students.
(9) The May 22, 2002 policy of the Immigra-
tion and Naturalization Service to deny admission to
part-time commuter students from Canada and Mex-
ico is detrimental to our amicable relations with
Canada and Mexico.
SEC. 3. REAFFIRMATION OF THE STATUS OF PART-TIME
COMMUTER STUDENTS FROM CANADA OR
MEXICO AS TEMPORARY VISITORS FOR PUR-
POSES OF ENTRY INTO UNITED STATES.
Notwithstanding the Immigration and Nationality
Act or any other provision of law, a nonimmigrant alien—
(1) who is a national of Canada or Mexico, who
maintains actual residence and place of abode in the
country of nationality;
(2) who is described in section 101(a)(15)(F)(i)
or (M)(i) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(F)(i) or (M)(i)) except that the
nonimmigrant alien’s qualifications for and actual
course of study is less than full-time; and
(3) who commutes to the United States institu-
tion or place of study from Canada or Mexico;
shall be treated in the same manner for purposes of entry
as a nonimmigrant alien under section 101(a)(15)(B) (8
U.S.C. 1101(a)(15)(B)) of such Act.
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