I
107TH CONGRESS
1ST SESSION
H. R. 1918
To amend the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 to permit States to determine state residency for higher
education purposes and to amend the Immigration and Nationality Act
to cancel the removal and adjust the status of certain alien college-
bound students who are long-term U.S. residents.
IN THE HOUSE OF REPRESENTATIVES
MAY 21, 2001
Mr. CANNON (for himself, Mr. BERMAN, and Ms. ROYBAL-ALLARD) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary, and in addition to the Committee on Education and the Work-
force, for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the jurisdiction of
the committee concerned
A BILL
To amend the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 to permit States to determine
state residency for higher education purposes and to
amend the Immigration and Nationality Act to cancel
the removal and adjust the status of certain alien college-
bound students who are long-term U.S. residents.
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 ‘‘Student Adjustment
Act of 2001’’.
SEC. 2. RESTORATION OF STATE OPTION TO DETERMINE
RESIDENCY FOR PURPOSES OF HIGHER EDU-
CATION BENEFITS.
(a) IN GENERAL.—Section 505 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104–208; 110 Stat 3009–672;
8 U.S.C. 1623) is repealed.
(b) EFFECTIVE DATE.—The repeal made by sub-
section (a) shall take effect as if included in the enactment
of the Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996.
SEC. 3. ADJUSTMENT OF STATUS OF CERTAIN LONG-TERM
RESIDENT STUDENTS.
(a) IN GENERAL.—Section 240A of the Immigration
and Nationality Act (8 U.S.C. 1229b) is amended—
(1) in paragraph (3) of subsection (b)—
(A) by striking ‘‘paragraph (1) or (2)’’ and
inserting ‘‘paragraph (1), (2), or (3)’’ each
place it appears;
(B) by redesignating such paragraph as
paragraph (5); and
(C) by moving such paragraph to follow
paragraph (4);
(2) by inserting after paragraph (2) of sub-
section (b) the following new paragraph:
‘‘(3) SPECIAL RULE FOR CHILDREN IN MIDDLE
OR SECONDARY SCHOOL.—
‘‘(A) AUTHORITY.—Subject to subpara-
graph (B), the Attorney General shall cancel re-
moval of, and adjust to the status of an alien
lawfully admitted for permanent residence, an
alien who is inadmissible or deportable from the
United States if the alien demonstrates that—
‘‘(i) the alien has not, at the time of
application, attained the age of 21;
‘‘(ii) the alien was physically present
in the United States on the date of the en-
actment of the Student Adjustment Act of
2001 and has been physically present in
the United States for a continuous period
of not less than five years immediately pre-
ceding the date of such application;
‘‘(iii) the alien has been a person of
good moral character during such period;
and
‘‘(iv) the alien, at the time of applica-
tion, is enrolled at or above the 7th grade
level in a school in the United States or is
enrolled in or actively pursuing admission
to an institution of higher education in the
United States as defined in section 101 of
the Higher Education Act of 1965 (20
U.S.C. 1001).
The Attorney General shall provide a procedure
by regulation allowing eligible individuals to
apply affirmatively for the relief available under
this paragraph without being placed in removal
proceedings. An alien shall not be considered to
have failed to maintain continuous physical
presence in the United States for purposes of
clause (ii) by virtue of brief, casual, and inno-
cent absences from the United States.
‘‘(B) RESTRICTIONS ON AUTHORITY.—The
provisions of this paragraph shall not apply to
any of the following aliens:
‘‘(i) An alien who is inadmissible
under section 212(a)(2)(A)(i)(I) or is de-
portable under section 237(a)(2)(A)(i) (re-
lating to crimes of moral turpitude), unless
the Attorney General determines that the
alien’s removal would result in extreme
hardship to the alien, the alien’s child, or
(in the case of an alien who is a child) to
the alien’s parent.
‘‘(ii) An alien who is inadmissible
under section 212(a)(3) or is deportable
under 
section 
237(a)(2)(D)(i) 
or
237(a)(2)(D)(ii) (relating to security and
related grounds).’’; and
(3) in subsection (d)(1)(A), by inserting ‘‘or
(b)(3)’’ after ‘‘subsection (b)(2)’’.
(b) EXEMPTION FROM NUMERICAL LIMITATIONS.—
Section 240A(e)(3) of such Act (8 U.S.C. 1229b(e)(3))
is amended by adding at the end the following new sub-
paragraph:
‘‘(C) 
Aliens 
described 
in 
subsection
(b)(3).’’.
(c) GRANDFATHER PROVISIONS.—For purpose of ap-
plying section 240A(b)(3) of the Immigration and Nation-
ality Act (as inserted by subsection (a)) with respect to
an application filed under such section not later than 120
days after the effective date of regulations implementing
this section—
(1) an individual shall be considered to be
under the age of 21 if the individual’s 21st birthday
occurs after the date of the enactment of this Act
but no more than 120 days after the effective date
of such regulations; and
(2) an individual shall be treated as meeting the
requirements of clauses (i), (ii), and (iv) of subpara-
graph (A) of such section if—
(A) the individual would have met such re-
quirements based upon an application filed at
any time during the 4-year period ending on the
date of the enactment of this Act; and
(B) the individual has graduated from, or
is at the time of application enrolled in, an in-
stitution of higher education in the United
States (described in clause (iv) of such subpara-
graph).
(d) CONFIDENTIALITY OF INFORMATION.—Neither
the Attorney General, nor any other official or employee
of the Department of Justice, or bureau or agency thereof,
may—
(1) use the information furnished by the appli-
cant pursuant to an application filed under the
amendments made by this section for any purpose
other than to make a determination on the applica-
tion;
(2) make any publication whereby the informa-
tion furnished by any particular individual can be
identified; or
(3) permit anyone other than the sworn officers
and employees of the Department or bureau or
agency or, with respect to applications filed with a
designated entity, that designated entity, to examine
individual applications.
Whoever knowingly uses, publishes, or permits informa-
tion to be examined in violation of this subsection shall
be fined not more than $10,000.
(e) ELIGIBILITY OF CANCELLATION APPLICANTS FOR
FEDERAL EDUCATIONAL ASSISTANCE.—Section 431(b) of
the Personal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (8 U.S.C. 1641(b)) is amended—
(1) by striking ‘‘; or’’ at the end of paragraph
(6) and inserting a comma;
(2) by striking the period at the end of para-
graph (7) and inserting ‘‘, or’’; and
(3) by adding at the end the following new
paragraph:
‘‘(8) an alien who has been granted relief under
section 240A(b)(3) of the Immigration and Nation-
ality Act, or with respect to whom an application
under such section has been filed but not finally
been adjudicated.’’.
(f) REGULATIONS.—
(1) PROPOSED REGULATIONS.—Not later than
60 days after the date of the enactment of this Act,
the Attorney General shall publish proposed regula-
tions implementing this section.
(2) INTERIM, FINAL REGULATIONS.—Not later
than 120 days after the date of the enactment of
this Act, the Attorney General shall publish final
regulations implementing this section. Such regula-
tions shall be effective immediately on an interim
basis, but are subject to change and revision after
public notice and opportunity for a period for public
comment.
Æ