I
106TH CONGRESS
2D SESSION
H. R. 5232
To amend the Immigration and Nationality Act to provide for cancellation
of removal and adjustment of status for certain nonpermanent resident
aliens whose removal would result in extreme medical hardship.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 20, 2000
Mr. NADLER (for himself, Mrs. MORELLA, Mr. MCDERMOTT, and Mr.
KUCINICH) introduced the following bill; which was referred to the Com-
mittee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to provide
for cancellation of removal and adjustment of status
for certain nonpermanent resident aliens whose removal
would result in extreme medical hardship.
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 ‘‘Immigrant Health and
Safety Act of 2000’’.
SEC. 2. CANCELLATION OF REMOVAL AND ADJUSTMENT OF
STATUS FOR CERTAIN NONPERMANENT RESI-
DENT ALIENS WHOSE REMOVAL WOULD RE-
SULT IN EXTREME MEDICAL HARDSHIP.
(a) AMENDMENT
TO IMMIGRATION
AND NATION-
ALITY ACT.—Section 240A(b) of the Immigration and Na-
tionality Act (8 U.S.C. 1229b(b)) is amended—
(1) by redesignating paragraph (3) as para-
graph (4); and
(2) by adding after paragraph (2) the following
new paragraph (3):
‘‘(3) SPECIAL RULE FOR ALIENS WITH MEDICAL
HARDSHIP.—The Attorney General may cancel re-
moval of, and adjust to the status of an alien law-
fully admitted for permanent residence, an alien who
is inadmissible or deportable from the United States
if the alien—
‘‘(A) has been physically present in the
United States for a continuous period of not
less than 7 years immediately preceding the
date of such application;
‘‘(B) has been a person of good moral
character during such period;
‘‘(C) has not been convicted of an offense
under 
section 
212(a)(2), 
237(a)(2), 
or
237(a)(3); and
‘‘(D) establishes that removal would result
in extreme medical hardship to the alien, or the
alien’s spouse, parent, or child, who is a citizen
of the United States or an alien lawfully admit-
ted for permanent residence.’’.
(b) CONFORMING AMENDMENTS.—Section 240A is
amended—
(1) in subsection (c) by striking ‘‘subsections
(a) and (b)(1)’’ and inserting ‘‘subsections (a),
(b)(1), and (b)(3)’’; and
(2) in subsection (b)(4) by striking ‘‘paragraph
(1) or (2)’’ and inserting ‘‘paragraph (1), (2), or
(3)’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act and shall apply to aliens in removal proceedings
on or after such date and to aliens whose removal pro-
ceedings have concluded before such date and who are sub-
ject to removal on or after such date.
SEC. 3. SUSPENSION OF DEPORTATION AND ADJUSTMENT
OF STATUS FOR CERTAIN NONPERMANENT
RESIDENT 
ALIENS 
WHOSE 
DEPORTATION
WOULD 
RESULT 
IN 
EXTREME 
MEDICAL
HARDSHIP.
(a) IN GENERAL.—The Attorney General shall estab-
lish a process (whether through permitting the reopening
of a proceeding described in subsection (b) or otherwise)
under which an alien described in subsection (b) may re-
quest the Attorney General to exercise the discretion
granted under section 244(a)(1) of the Immigration and
Nationality Act (as in effect on March 31, 1997) as if
the standard were the standard under section 240A(b)(3)
(as amended by section 2).
(b) ALIEN DESCRIBED.—An alien referred to in sub-
section (a) is an alien who is in deportation proceedings
under the Immigration and Nationality Act (as in effect
on March 31, 1997) on or after the date of the enactment
of this Act or an alien whose deportation proceedings have
concluded before such date and who is subject to deporta-
tion on or after such date.
(c) JUDICIAL REVIEW.—A judgment regarding the
granting or denial of relief under this section shall be sub-
ject to judicial review in accordance with section 106 of
the Immigration and Nationality Act (as in effect on April
23, 1996), notwithstanding section 242 of the Immigra-
tion and Nationality Act, section 440(a) of the
Antiterrorism and Effective Death Penalty Act of 1996
(Public Law 104–132; 110 Stat. 1277), sections 306 and
309(c)(4) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (Public Law 104–208;
110 Stat. 3009–607 et seq.), or any other provision of
law limiting judicial review of a discretionary decision
under section 244 of the Immigration and Nationality Act
(as in effect on March 31, 1997).
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