I 
108TH CONGRESS 
1ST SESSION 
H. R. 184
To amend the Immigration and Nationality Act to ensure that veterans 
of the United States Armed Forces are eligible for discretionary relief 
from detention, deportation, exclusion, and removal, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 7, 2003
Mr. SERRANO introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to ensure 
that veterans of the United States Armed Forces are 
eligible for discretionary relief from detention, deporta-
tion, exclusion, and removal, 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. 
This Act may be cited as the ‘‘Fairness to Immigrant 
Veterans Act of 2003’’.
SEC. 2. ELIGIBILITY OF VETERANS FOR RELEASE FROM DE-
TENTION. 
(a) IN GENERAL.—Section 236(c)(2) of the Immigra-
tion and Nationality Act (8 U.S.C. 1226(c)(2)) is amend-
ed by inserting after ‘‘such an investigation,’’ the fol-
lowing: ‘‘or if the alien is (A) a veteran (as defined in 
section 101 of title 38, United States Code) with a dis-
charge characterized as an honorable discharge and who 
was not discharged on account of alienage, or (B) on ac-
tive duty (other than active duty for training) in the 
Armed Forces of the United States,’’. 
(b) EFFECTIVE DATE.—This section shall be effec-
tive as if included in the enactment of section 303(a) of 
the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (division C of Public Law 104–208). 
SEC. 3. ELIGIBILITY OF VETERANS FOR DISCRETIONARY 
RELIEF. 
(a) ELIGIBILITY
FOR
CANCELLATION
OF
RE-
MOVAL.—Section 240A(a)(3) of the Immigration and Na-
tionality Act (8 U.S.C. 1229b(a)(3)) is amended to read 
as follows: 
‘‘(3)(A) has not been convicted of any aggra-
vated felony; or 
‘‘(B) is—
‘‘(i) a veteran (as defined in section 101 of 
title 38, United States Code) with a discharge
characterized as an honorable discharge and 
who was not discharged on account of alienage; 
or 
‘‘(ii) on active duty (other than active duty 
for training) in the Armed Forces of the United 
States.’’. 
(b) ELIGIBILITY UNDER TRANSITIONAL RULES.—
Section 309(c) of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (as contained in divi-
sion C of Public Law 104–208; 8 U.S.C. 1101 note) is 
amended by adding at the end the following: 
‘‘(8) TRANSITIONAL RULE FOR VETERANS.—In 
any case described in paragraph (1), an alien who is 
(i) a veteran (as defined in section 101 of title 38, 
United States Code) with a discharge characterized 
as an honorable discharge and who was not dis-
charged on account of alienage, or (ii) on active duty 
(other than active duty for training) in the Armed 
Forces of the United States, shall not be subject to 
the provisions of the last sentence of section 212(c) 
of the Immigration and Nationality Act (8 U.S.C. 
1182(c)).’’. 
(c) EFFECTIVE DATE.—
(1) The amendment made by subsection (a) 
shall be effective as if included in the enactment of
section 304(a) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (as con-
tained in division C of Public Law 104–208). 
(2) The amendment made by subsection (b) 
shall be effective as if included in the enactment of 
section 309(c) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (as con-
tained in division C of Public Law 104–208). 
SEC. 4. ELIGIBILITY OF VETERANS FOR JUDICIAL REVIEW. 
(a) ELIGIBILITY.—Section 242(a)(2)(C) of the Immi-
gration and Nationality Act (8 U.S.C. 1252(a)(2)(C)) is 
amended by inserting before the period at the end the fol-
lowing: ‘‘, unless the alien is (i) a veteran (as defined in 
section 101 of title 38, United States Code) with a dis-
charge characterized as an honorable discharge and who 
was not discharged on account of alienage, or (ii) on active 
duty (other than active duty for training) in the Armed 
Forces of the United States’’. 
(b) ELIGIBILITY UNDER TRANSITION RULES.—Sec-
tion 309(c)(4)(G) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 
note) is amended by inserting before the period at the end 
the following: ‘‘, unless the alien is (i) a veteran (as de-
fined in section 101 of title 38, United States Code) with 
a discharge characterized as an honorable discharge and
who was not discharged on account of alienage, or (ii) on 
active duty (other than active duty for training) in the 
Armed Forces of the United States’’. 
(c) EFFECTIVE DATE.—
(1) The amendment made by subsection (a) 
shall be effective as if included in the enactment of 
section 306(a)(2) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (as con-
tained in division C of Public Law 104–208). 
(2) The amendment made by subsection (b) 
shall be effective as if included in the enactment of 
section 309(c)(4)(G) of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (as 
contained in division C of Public Law 104–208).
Æ