I
106TH CONGRESS
1ST SESSION
H. R. 2999
To permit the Attorney General to grant relief to certain permanent resident
aliens of good moral character who are adversely affected by changes
made in 1996 to the definition of aggravated felony under the Immigra-
tion and Nationality Act, and to amend certain provisions of such Act
relating to detention of an alien pending and after a decision on whether
the alien is to be removed from the United States.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 1, 1999
Mr. MCCOLLUM (for himself, Mr. DIAZ-BALART, Ms. ROS-LEHTINEN, Mr.
WEXLER, Mr. BILBRAY, and Mr. OSE) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To permit the Attorney General to grant relief to certain
permanent resident aliens of good moral character who
are adversely affected by changes made in 1996 to the
definition of aggravated felony under the Immigration
and Nationality Act, and to amend certain provisions
of such Act relating to detention of an alien pending
and after a decision on whether the alien is to be re-
moved from 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 ‘‘Fairness for Perma-
nent Residents Act of 1999’’.
SEC. 2. LIMITING THE DISQUALIFICATION, BASED ON COM-
MISSION OF CERTAIN AGGRAVATED FELO-
NIES, FROM CANCELLATION OF REMOVAL
FOR PERMANENT RESIDENTS.
(a) IN GENERAL.—Section 240A(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1229b(a)) is amended
to read as follows:
‘‘SEC. 240A. (a) CANCELLATION OF REMOVAL FOR
CERTAIN PERMANENT RESIDENTS.—
‘‘(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 an alien lawfully admitted
for permanent residence for not less than 5
years;
‘‘(B) has resided in the United States con-
tinuously for 7 years after having been admit-
ted in any status; and
‘‘(C) has not been convicted of any aggra-
vated felony.
‘‘(2) LIMITING APPLICATION OF CERTAIN MODI-
FICATIONS TO AGGRAVATED FELONY DEFINITION.—
‘‘(A) IN GENERAL.—An alien described in
subparagraph (B) who is otherwise qualified
may request the Attorney General to exercise
the discretion granted under paragraph (1) as
if the following provisions had not been enacted:
‘‘(i) Paragraphs (4) through (6) of
section 440(e) of the Antiterrorism and
Effective Death Penalty Act of 1996 (110
Stat. 1278).
‘‘(ii) 
Section 
440(e)(8) 
of 
the
Antiterrorism and Effective Death Penalty
Act of 1996 (110 Stat. 1278), as applied
only with respect to the addition of sub-
paragraphs 
(R) 
and 
(T) 
of 
section
101(a)(43) of this Act.
‘‘(iii) Paragraphs (7), (9), and (10) of
section 321(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act
of 1996 (110 Stat. 3009–628).
‘‘(iv) Section 321(a)(3) of the Illegal
Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (110 Stat. 3009–
627), as applied only with respect to sub-
paragraphs (F), (G), and (P) of section
101(a)(43) of this Act.
‘‘(v) 
Section 
440(e)(1) 
of 
the
Antiterrorism and Effective Death Penalty
Act of 1996 (110 Stat. 1277), and section
321(a)(4) of the Illegal Immigration Re-
form and Immigrant Responsibility Act of
1996 (110 Stat. 3009–627), as applied
only to an offense described in section
1955 of title 18, United States Code (re-
lating to gambling offenses).
‘‘(vi) Section 321(b) of the Illegal Im-
migration Reform and Immigrant Respon-
sibility Act of 1996 (110 Stat. 3009–628),
as applied only with respect to subpara-
graphs (F), (G), (M), (P), (Q), (R), (T),
and (U) of section 101(a)(43) of this Act,
and with respect to subparagraph (J) of
such section (but only to the extent sub-
paragraph (J) relates to an offense de-
scribed in section 1955 of title 18, United
States Code).
‘‘(B) ALIEN
DESCRIBED.—An alien de-
scribed in this subparagraph is an alien who—
‘‘(i) was convicted of one aggravated
felony that is not a serious violent felony
(as defined in section 3559(c)(2)(F) of
title 18, United States Code);
‘‘(ii) as a direct result of such convic-
tion, 
is 
the 
subject 
of 
a 
removal
proceeding—
‘‘(I) the commencement of which
would not have been authorized but
for the enactment of one or more of
the provisions described in clauses (i)
through (vi) of subparagraph (A); or
‘‘(II) with respect to which the
alien would have satisfied the require-
ments for the application of discretion
granted to the Attorney General
under paragraph (1) but for the en-
actment of one or more of such provi-
sions;
‘‘(iii) has never been convicted of any
felony other than the felony described in
clause (i); and
‘‘(iv) disregarding such felony, has
been a person of good moral character dur-
ing all periods of residence in the United
States.
‘‘(C) NO DANGER TO PERSONS OR PROP-
ERTY.—In the case of an alien convicted of an
aggravated felony involving violence, the Attor-
ney General may exercise the discretion de-
scribed in subparagraph (A) only after making
a written determination that the action poses
no danger to the safety of persons or property.
The duty of the Attorney General under this
subparagraph may not be delegated to any offi-
cer or employee of the Department of Justice
other than an Assistant Attorney General, a
Deputy Attorney General, an Associate Attor-
ney General, or any other attorney assigned to
the Office of the Attorney General or an office
of an Assistant Attorney General, a Deputy At-
torney General, or an Associate Attorney Gen-
eral.
‘‘(D) APPLICATIONS.—An alien may file
only one application for relief under this para-
graph. Such application shall be filed not later
than 60 days after the commencement of the
removal proceeding described in subparagraph
(B)(ii).’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to convictions entered
on or after such date.
SEC. 3. DISCRETION TO GRANT RELIEF TO CERTAIN OTHER
PERMANENT RESIDENTS.
(a) 
ESTABLISHMENT
OF
PROCESS.—Notwith-
standing section 240(c)(6) of the Immigration and Na-
tionality Act (8 U.S.C. 1229a(c)(6)) or any other limita-
tion imposed by law on motions to reopen proceedings
under such Act, the Attorney General shall establish a
process (whether through permitting the reopening of a
proceeding described in subsection (b)(2) or otherwise)
under which an alien described in subsection (b) who is
otherwise qualified may request the Attorney General to
exercise the discretion granted under the authorities de-
scribed in subsection (c) as if the following provisions had
not been enacted:
(1) Paragraphs (4) through (6) of section
440(e) of the Antiterrorism and Effective Death
Penalty Act of 1996 (110 Stat. 1278).
(2) Section 440(e)(8) of the Antiterrorism and
Effective Death Penalty Act of 1996 (110 Stat.
1278), as applied only with respect to the addition
of subparagraphs (R) and (T) of section 101(a)(43)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(43)).
(3) Paragraphs (7), (9), and (10) of section
321(a) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (110 Stat. 3009–
628).
(4) Section 321(a)(3) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996
(110 Stat. 3009–627), as applied only with respect
to subparagraphs (F), (G), and (P) of section
101(a)(43) of the Immigration and Nationality Act.
(5) Section 440(e)(1) of the Antiterrorism and
Effective Death Penalty Act of 1996 (110 Stat.
1277), and section 321(a)(4) of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of
1996 (110 Stat. 3009–627), as applied only to an
offense described in section 1955 of title 18, United
States Code (relating to gambling offenses).
(6) Section 321(b) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996
(110 Stat. 3009–628), as applied only with respect
to subparagraphs (F), (G), (M), (P), (Q), (R), (T),
and (U) of section 101(a)(43) of the Immigration
and Nationality Act, and with respect to subpara-
graph (J) of such section (but only to the extent
subparagraph (J) relates to an offense described in
section 1955 of title 18, United States Code).
(b) ALIEN DESCRIBED.—An alien described in this
subsection is an alien who—
(1) was convicted before the date of the enact-
ment of this Act of one aggravated felony (as de-
fined in section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43))) that is not
a serious violent felony (as defined in section
3559(c)(2)(F) of title 18, United States Code);
(2) as a direct result of such conviction, is the
subject of a proceeding—
(A) the commencement of which would not
have been authorized but for the enactment of
one or more of the provisions described in para-
graphs (1) through (6) of subsection (a); or
(B) with respect to which the alien would
have satisfied the requirements for the applica-
tion of discretion granted to the Attorney Gen-
eral under one or more of the authorities de-
scribed in subsection (c) but for the enactment
of one or more of such provisions;
(3) is lawfully admitted for permanent residence
(as defined in section 101(a)(20) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(20)));
(4) has never been convicted of any felony other
than the felony described in paragraph (1); and
(5) disregarding such felony, has been a person
of good moral character (as defined in section 101(f)
of the Immigration and Nationality Act (8 U.S.C.
1101(f)) during all periods of residence in the
United States.
(c) AUTHORITIES.—The provisions referred to in this
subsection are the following:
(1) Section 240A(a) of the Immigration and
Nationality Act (8 U.S.C. 1229b(a)).
(2) Section 212(c) of the Immigration and Na-
tionality Act (as in effect on March 31, 1997).
(3) Section 244(a) of the Immigration and Na-
tionality Act (as in effect on March 31, 1997).
(d) NO DANGER TO PERSONS OR PROPERTY.—In the
case of an alien convicted of an aggravated felony involv-
ing violence, the Attorney General may exercise the discre-
tion described in subsection (a) only after making a writ-
ten determination that the action poses no danger to the
safety of persons or property. The duty of the Attorney
General under this subsection may not be delegated to any
officer or employee of the Department of Justice other
than an Assistant Attorney General, a Deputy Attorney
General, an Associate Attorney General, or any other at-
torney assigned to the Office of the Attorney General or
an office of an Assistant Attorney General, a Deputy At-
torney General, or an Associate Attorney General.
(e) APPLICATIONS.—The process established under
subsection (a)—
(1) shall permit an alien to file only one appli-
cation pursuant to this section; and
(2) in the case of a proceeding described in sub-
section (b)(2) that is commenced after the date of
the enactment of this Act, shall require that such
application be filed not later than 60 days after such
commencement.
SEC. 4. MODIFICATION OF CERTAIN PROVISIONS ON DE-
TENTION AND RELEASE OF ALIENS.
(a) DETENTION AND RELEASE OF CRIMINAL ALIENS
PENDING REMOVAL DECISION.—Section 236(c) of the
Immigration and Nationality Act (8 U.S.C. 1226(c)) is
amended—
(1) by adding at the end the following:
‘‘(3) 
RELEASE
FROM
CUSTODY.—Notwith-
standing paragraph (2) or any other provision of
this section, the Attorney General may release any
alien described in paragraph (1) if the Attorney
General determines that the alien does not pose a
danger to society, does not pose a flight risk, and is
likely to comply with any terms of supervision that
are imposed and any subsequent order of removal. If
released, the alien shall be subject to supervision
under regulations prescribed by the Attorney Gen-
eral that include the provisions specified in subpara-
graphs (A) through (D) of section 241(a)(3).’’; and
(2) by amending subsection (e) to read as fol-
lows:
‘‘(e) ADMINISTRATIVE AND JUDICIAL REVIEW.—
‘‘(1) ADMINISTRATIVE
REVIEW.—A decision
under this section relating to the release of any alien
described in subsection (c)(1) shall be subject to re-
view by the United States Board of Immigration Ap-
peals of the Department of Justice. The preceding
sentence shall not be construed as limiting any ad-
ministrative review otherwise available under law of
any action or decision under this section.
‘‘(2) JUDICIAL
REVIEW.—The Attorney Gen-
eral’s discretionary judgment regarding the applica-
tion of this section shall not be subject to review. No
court may set aside any action or decision by the At-
torney General under this section regarding the de-
tention or release of any alien or the grant, revoca-
tion, or denial of bond or parole.’’.
(b) DETENTION
OF INADMISSIBLE
OR CRIMINAL
ALIENS ORDERED REMOVED.—Section 241(a)(6) of the
Immigration and Nationality Act (8 U.S.C. 1231(a)(6))
is amended to read as follows:
‘‘(6) INADMISSIBLE OR CRIMINAL ALIENS.—
‘‘(A) IN GENERAL.—An alien ordered re-
moved who is inadmissible under section 212,
removable 
under 
section 
237(a)(1)(C),
237(a)(2), or 237(a)(4) or who has been deter-
mined by the Attorney General to be a risk to
the community or unlikely to comply with the
order of removal, may be detained beyond the
removal period for a reasonable period of time,
not to exceed 3 months after the termination of
such period, in order to allow for ongoing nego-
tiations between the United States and a for-
eign state or states. If such an alien is released,
the alien shall be subject to the terms of super-
vision in paragraph (3). During such 3-month
period, the Attorney General shall release the
alien upon a showing that the alien does not
pose a danger to society, does not pose a flight
risk, and is likely to comply with the removal
order.
‘‘(B) 
RELEASE.—Notwithstanding 
any
other provision of this section, if the Attorney
General determines that an alien ordered re-
moved who is inadmissible under section 212 or
removable 
under 
section 
237(a)(1)(C),
237(a)(2), or 237(a)(4) does not pose a danger
to society, does not pose a flight risk, and is
likely to comply with the removal order, the At-
torney General shall release the alien after the
removal period. If released, the alien shall be
subject to the terms of supervision in paragraph
(3).
‘‘(C) ADMINISTRATIVE
REVIEW.—A deci-
sion under this paragraph relating to the re-
lease of any alien shall be subject to review by
the United States Board of Immigration Ap-
peals of the Department of Justice. The pre-
ceding sentence shall not be construed as lim-
iting any administrative review otherwise avail-
able under law of any action or decision under
this section.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall be effective as if included in the enact-
ment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104–208; 110
Stat. 3009–546) and shall apply to individuals with con-
victions entered before, on, or after the date of the enact-
ment of this Act.
Æ