I
105TH CONGRESS
1ST SESSION
H. R. 2533
To amend the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 and the Immigration and Nationality Act to clarify eligibility
for relief from removal and deportation for certain aliens.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 24, 1997
Mr. SMITH of Texas introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 and the Immigration and
Nationality Act to clarify eligibility for relief from re-
moval and deportation for certain aliens.
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 ‘‘Central American De-
portation Relief Act’’.
SEC. 2. MODIFICATION OF PHYSICAL PRESENCE RULE
WITH REGARD TO SUSPENSION OF DEPORTA-
TION.
(a) IN GENERAL.—Section 309(c)(5) of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (Public Law 104–208; division C; 110 Stat. 3009–
627)) is amended to read as follows:
‘‘(5) TRANSITIONAL RULES WITH REGARD TO
SUSPENSION OF DEPORTATION.—
‘‘(A) CALCULATION OF PERIOD OF CON-
TINUOUS
PHYSICAL
PRESENCE.—Paragraphs
(1) and (2) of section 240A(d) of the Immigra-
tion and Nationality Act (relating to continuous
residence or physical presence) shall apply to
notices to appear, or orders to show cause (re-
ferred to in section 242B(a)(1) of the Immigra-
tion and Nationality Act, as in effect before the
title III–A effective date), issued before, on, or
after the date of the enactment of this Act.
‘‘(B) EXCEPTION FOR CERTAIN ORDERS.—
In any case in which the Attorney General
elects to terminate and reinitiate proceedings in
accordance with paragraph (3) of this section,
paragraphs (1) and (2) of section 240A(d) of
the Immigration and Nationality Act shall not
apply to an order to show cause issued before
April 1, 1997.
‘‘(C) SPECIAL RULE FOR CERTAIN ALIENS
GRANTED TEMPORARY PROTECTION FROM DE-
PORTATION.—
‘‘(i) IN
GENERAL.—For purposes of
calculating the period of continuous phys-
ical presence under section 244(a) of the
Immigration and Nationality Act (as in ef-
fect before the title III–A effective date) or
section 240A of such Act (as in effect after
the title III–A effective date), such period
is deemed to terminate on April 1, 1997,
in the case of an alien who demonstrates
that the alien has not been convicted at
any time of an aggravated felony (as de-
fined in section 101(a) of the Immigration
and Nationality Act); has not been appre-
hended while attempting to enter the Unit-
ed States unlawfully after December 12,
1990; and is—
‘‘(I) a Salvadoran national who
first entered the United States on or
before September 19, 1990; who reg-
istered for benefits pursuant to the
settlement agreement in American
Baptist 
Churches, 
et 
al. 
v.
Thornburgh (ABC), 760 F. Supp.
796 (N.D. Cal. 1991) on or before
October 31, 1991, or applied for tem-
porary protected status on or before
October 31, 1991; and who applied
for asylum under section 208 of the
Immigration and Nationality Act on
or before February 16, 1996;
‘‘(II) a Guatemalan national who
first entered the United States on or
before October 1, 1990; who reg-
istered for benefits pursuant to such
settlement agreement on or before De-
cember 31, 1991; and who applied for
asylum under section 208 of the Im-
migration and Nationality Act on or
before January 3, 1995; or
‘‘(III) a Nicaraguan national who
first entered the United States on or
before April 1, 1990.
‘‘(ii) MOTIONS TO REOPEN DEPORTA-
TION PROCEEDINGS.—Any alien found in-
eligible for suspension of deportation prior
to July 10, 1997, solely on the basis of
this paragraph (as in effect prior to the ef-
fective date of the Central American De-
portation Relief Act), and who claims eligi-
bility for suspension of deportation as a re-
sult of the amendments made by section
101 of such Act, may, notwithstanding any
other limitations imposed by law on mo-
tions to reopen, file one motion to reopen
deportation proceedings to apply for sus-
pension of deportation. The Attorney Gen-
eral shall designate a specific time period
in which all such motions to reopen are re-
quired to be filed. The period shall begin
not later than 60 days after the date of the
enactment of the Central American Depor-
tation Relief Act and shall extend for a pe-
riod not to exceed 180 days.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect 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).
SEC. 3. MODIFICATION OF HARDSHIP RULE WITH REGARD
TO SUSPENSION OF DEPORTATION.
(a) IN GENERAL.—Section 309(c) of the Illegal Im-
migration Reform and Immigrant Responsibility Act of
1996 (Public Law 104–208; division C; 110 Stat. 3009–
625)), as amended by section 1, is further amended by
adding at the end the following:
‘‘(8) TRANSITIONAL
RULE
WITH
REGARD
TO
SUSPENSION
OF
DEPORTATION
HARDSHIP
STAND-
ARD.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B) and notwithstanding para-
graphs (1) and (2) of section 244(a) of the Im-
migration and Nationality Act (as in effect be-
fore the title III–A effective date), section
240A(b)(1)(D) of the Immigration and Nation-
ality Act shall apply to an alien—
‘‘(i) whose application for suspension
of deportation was filed in deportation pro-
ceedings that were commenced before the
title III–A effective date; and
‘‘(ii) on which application no final ad-
ministrative action was taken prior to the
date of the enactment of the Central
American Deportation Relief Act.
‘‘(B) 
EXCEPTION.—Subparagraph 
(A)
shall not apply to any alien described in para-
graph (5)(C)(i).’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall take effect on the date of the enactment
of this Act.
SEC. 4. OFFSET FOR LIMITATION ON CANCELLATIONS OF
REMOVAL AND SUSPENSIONS OF DEPORTA-
TION.
(a) ANNUAL LIMITATION.—Section 240A(e) of the
Immigration and Nationality Act (8 U.S.C. 1229b(e)) is
amended to read as follows:
‘‘(e) ANNUAL LIMITATION.—
‘‘(1) 
AGGREGATE
LIMITATION.—Subject 
to
paragraphs (2) and (3), the Attorney General may
not cancel the removal and adjust the status under
this section, nor suspend the deportation and adjust
the status under section 244(a) (as in effect before
the enactment of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996), of a
total of more than 4,000 aliens in any fiscal year.
The previous sentence shall apply regardless of when
an alien applied for such cancellation and adjust-
ment, or such suspension and adjustment, and
whether such an alien had previously applied for
suspension of deportation under such section 244(a).
The numerical limitation under this paragraph shall
apply to the aggregate number of decisions in any
fiscal year to cancel the removal (and adjust the sta-
tus) of an alien, or suspend the deportation (and ad-
just the status) of an alien, under this section or
such section 244(a).
‘‘(2) FISCAL YEAR 1997.—For fiscal year 1997,
paragraph (1) shall only apply to decisions to cancel
the removal of an alien, or suspend the deportation
of an alien, made after April 1, 1997.
‘‘(3) OFFSET FOR DECISIONS IN EXCESS OF AG-
GREGATE
LIMITATION.—In fiscal year 1998 and
subsequent fiscal years, and with respect only to
aliens described in section 309(c)(5)(C) of the Illegal
Immigration Reform and Immigrant Responsibility
Act of 1996 (as amended by the Central American
Deportation Relief Act), the Attorney General may
elect to exceed the aggregate numerical limitation
under paragraph (1) by a number not greater than
10,000. For each such alien granted cancellation of
removal or suspension of deportation in excess of
4,000 in such a fiscal year, the Attorney General
shall reduce by 1, during the next following fiscal
Law 104–208; division C; 110 Stat. 3009–627)) is amend-
ed to read as follows:
‘‘(7) LIMITATION ON SUSPENSION OF DEPORTA-
TION.—After April 1, 1997, the Attorney General
may not suspend the deportation and adjust the sta-
tus under section 244 of the Immigration and Na-
tionality Act (as in effect before the title III–A effec-
tive date) of any alien in any fiscal year, except in
accordance with section 240A(e) of such Act. The
previous sentence shall apply regardless of when an
alien applied for such suspension and adjustment.’’.
(e) EFFECTIVE DATE.—The amendments made by
this section shall take effect 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).
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