I
107TH CONGRESS
1ST SESSION
H. R. 171
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 3, 2001
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 2001’’.
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).
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