I
107TH CONGRESS
1ST SESSION
H. R. 1582
To amend the Immigration and Nationality Act to adjust the status of
certain long-staying alien children, to lower high school drop out rates
for certain immigrant children, and to restore the right of State and
local governments to decide whom they will admit to their State and
local colleges and universities.
IN THE HOUSE OF REPRESENTATIVES
APRIL 25, 2001
Mr. GUTIERREZ introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Education
and the Workforce, 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 Immigration and Nationality Act to adjust
the status of certain long-staying alien children, to lower
high school drop out rates for certain immigrant chil-
dren, and to restore the right of State and local govern-
ments to decide whom they will admit to their State
and local colleges and universities.
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 Children’s
Educational Advancement and Dropout Prevention Act of
2001’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) Undocumented children come to the United
States for a variety of reasons. Most are brought to
the United States by adults and have no ability to
make an independent decision about whether or not
to migrate to the United States. Some come with
their parents. Others are brought by smugglers and
traffickers intent on exploiting them.
(2) It is the policy of the United States Govern-
ment, supported both by acts of Congress and Su-
preme Court precedent, to permit undocumented
children to attend public schools in the United
States. This policy is rooted in recognition of the
fact that such children often are not in a position to
make an independent decision about where they will
live, of the vulnerability of children, and by the de-
sire to ensure that such children have an oppor-
tunity to become educated while in the United
States.
(3) Each year, 50,000 to 75,000 such undocu-
mented children graduate from United States public
schools after having resided in the United States for
5 or more years.
(4) Young children who have resided in the
United States for a substantial period of their lives
often are acculturated as Americans, including
learning to speak English. Often, they consider
themselves Americans and have little or no knowl-
edge or ties to the country in which they were born.
(5) Current law provides little avenue for long-
staying alien children to regularize their immigration
status. This, in turn, prevents them from continuing
their education past high school, making it less like-
ly that they will succeed in life and encouraging
many to drop out of high school before graduating.
(6) While current law requires State and local
governments to provide elementary and secondary
education to undocumented alien children, the law
effectively precludes State and local governments
from providing in-State tuition to these same alien
children once they have graduated from high school.
(b) PURPOSES.—The purposes of this Act are—
(1) to provide an opportunity to certain alien
children who were brought to the United States at
a young age and have since been acculturated in the
United States to adjust their status to lawful perma-
nent residency and become contributing members of
United States society;
(2) to restore to each State the flexibility to
provide in-State tuition to all children residing in the
State, including to undocumented alien children; and
(3) to permit and encourage alien children who
were brought to the United States at a young age
and have been educated in United States elementary
and secondary schools to continue their education
through high school graduation and into college.
SEC. 3. ATTORNEY GENERAL AUTHORITY TO ADJUST STA-
TUS OF CERTAIN CHILDREN.
(a) IN GENERAL.—Section 240A(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1229b(b)) is
amended—
(1) in paragraph (3)—
(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); and
(2) by inserting after paragraph (2) the fol-
lowing new paragraph:
‘‘(3) RULE FOR ALIEN RESIDENTS BROUGHT TO
THE UNITED STATES AS CHILDREN.—
‘‘(A) AUTHORITY.—Subject to the restric-
tions in subparagraph (D), the Attorney Gen-
eral shall cancel removal of, and adjust to the
status of an alien lawfully admitted for perma-
nent residence, an alien who is inadmissible or
deportable from the United States if the alien
demonstrates that—
‘‘(i) in the case of an alien who—
‘‘(I) has not attained the age of
21 at the time of application, the alien
has been physically present in the
United States for a continuous period
of not less than five years immediately
preceding the date of such application,
or
‘‘(II) has attained the age of 21
but had not attained the age of 25 at
the time of application, such alien has
been physically present in the United
States for a continuous period of not
less than five years immediately pre-
‘‘(C) 
Aliens 
described 
in 
subsection
(b)(3).’’.
SEC. 4. ELIGIBILITY OF CANCELLATION APPLICANTS FOR
FEDERAL AND STATE HIGHER EDUCATION
ASSISTANCE.
Notwithstanding any other provision of law, a child
who has applied for relief under section 240A(b)(3) of the
Immigration and Nationality Act (as added by the section
3(a)) but whose application has not been finally adju-
dicated, shall be deemed to be a ‘‘qualified alien’’ under
section 431(b) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C.
1641(b)) for the purpose of receiving any post-secondary
education benefit, including any grants, loans, or scholar-
ships.
SEC. 5. STATE CONTROL OVER HIGHER EDUCATION ADMIS-
SIONS IN STATE SYSTEMS.
(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 hereby 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.
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