I 
108TH CONGRESS 
1ST SESSION 
H. R. 84
To assist aliens who were transplanted to the United States as children 
in continuing their education and otherwise integrating into American society. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 7, 2003
Ms. JACKSON-LEE of Texas introduced the following bill; which was referred 
to the Committee on the Judiciary 
A BILL 
To assist aliens who were transplanted to the United States 
as children in continuing their education and otherwise 
integrating into American society.
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 ‘‘Preserving Educational 
Opportunities for Immigrant Children Act of 2003’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Many children are brought to the United 
States at a very young age by parents or other
adults to accompany them during the adults’ stay in 
the United States. 
(2) In many such instances, parents or other 
adults traveling to the United States enter and or 
remain in this country without benefit of inspection 
or authorization to be present in the United States. 
(3) Many children brought to the United States 
by parents or other adults arrive in this country 
without the ability to make independent decisions 
about where they wish to live. Once in the United 
States, many such children also are incapable of 
independent living. 
(4) Because of the early age at which many 
children arrive in the United States, as they become 
older, they become fully integrated into American 
life, learning English and either losing or never ac-
quiring the language of their native country. At the 
same time, many lose all ties to relatives in their 
country of origin or previous country of habitual res-
idence. 
(5) Many such children attend public elemen-
tary and secondary schools in the United States. 
Often, they excel in academics and contribute to 
both their communities and the families with whom 
they live.
(6) Current United States immigration laws do 
not provide the Attorney General with adequate 
flexibility to take into account the special humani-
tarian circumstances in which such transplanted 
alien children live. Consequently, such children are 
in danger of being removed to a country they do not 
know, an eventuality that would cause enormous dis-
ruptions in their lives and in the lives of their loved 
ones. 
(7) Current immigration laws effectively pre-
clude States and units of local government from pro-
viding such children access to State systems of high-
er education. Consequently, many such children can-
not continue their education upon graduating from 
high school. 
(b) PURPOSES.—The purposes of this Act are—
(1) to provide for aliens who, through no fault 
of their own, were brought to the United States as 
children, opportunities to regularize their status in 
the United States, attend college, and become con-
tributing members of their communities in this coun-
try; and 
(2) to repeal certain legislative barriers that im-
pede the ability of such aliens to become fully inte-
grated into United States society.
SEC. 3. DEFINITIONS. 
(a) TRANSPLANTED CHILD.—As used in this Act, the 
term, ‘‘transplanted child’’ means an alien who is de-
scribed in section 101(a)(51) of the Immigration and Na-
tionality Act (as amended by subsection (b) of this Act). 
(b) AMENDMENT TO THE IMMIGRATION AND NA-
TIONALITY ACT.—Section 101(a) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)) is amended by adding 
at the end the following new paragraph: 
‘‘(51) The term ‘transplanted child’ means an 
alien who has been granted cancellation of removal 
under section 240A(b)(3) or who has pending before 
the Attorney General an application for cancellation 
of removal under such section.’’. 
SEC. 4. RESTORATION OF STATE FLEXIBILITY IN PRO-
VIDING IN-STATE TUITION FOR COLLEGE-AGE 
ALIEN CHILDREN. 
(a) RESTORATION.—The Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (division C of
Public Law 104–208; 8 U.S.C. 1623) is amended by strik-
ing section 505. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply to postsecondary education benefits 
provided on or after July 1, 1998.
SEC. 5. ELIGIBILITY OF TRANSPLANTED CHILDREN FOR 
PUBLIC BENEFITS. 
Section 431(b) of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
1641(b)) is amended—
(1) at the end of paragraph (6), by striking ‘‘; 
or’’ and inserting a semicolon; 
(2) at the end of paragraph (7), by striking the 
period and inserting ‘‘; or’’; and 
(3) by adding after paragraph (7) the following 
new paragraph: 
‘‘(8) an alien who is a transplanted child, as de-
fined in section 101(a)(51) of the Immigration and 
Nationality Act.’’. 
SEC. 6. AUTHORITY OF ATTORNEY GENERAL TO ADJUST 
STATUS OF CERTAIN CHILDREN. 
(a) IN GENERAL.—Section 240A(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1229b(b)) is amended 
by—
(1) redesignating paragraph (3) as paragraph 
(4); and 
(2) inserting after paragraph (2) the following 
new paragraph: 
‘‘(3) SPECIAL RULE FOR ALIENS BROUGHT TO 
THE UNITED STATES AS CHILDREN.—
‘‘(A) AUTHORITY.—Subject to subpara-
graph (B), the Attorney General may cancel the 
removal of, and adjust to the status of an alien 
lawfully admitted for permanent residence, an 
alien who is inadmissible or deportable from the 
United States, if the Attorney General deter-
mines that—
‘‘(i)(I) in the case of an alien who has 
not attained the age of 18, the alien has 
been physically present in the United 
States for a continuous period of not less 
than 3 years immediately preceding the 
date of such application and during such 
period the alien has been a person of good 
moral character; or 
‘‘(II) in the case of an alien who is 18 
years of age or older, the alien has been 
physically present in the United States for 
a continuous period of not less than 5 
years immediately preceding the date of 
such application, including at least 3 years 
of continuous residence before reaching 18 
years of age and during such 5 year period 
the alien has been a person of good moral 
character; and
‘‘(ii) the removal would result in ex-
treme hardship to the alien, the alien’s 
child, or the alien’s parent. 
‘‘(B) RESTRICTIONS ON AUTHORITY.—The 
authority of the Attorney General under sub-
paragraph (A) shall not apply to—
‘‘(i) an alien who is inadmissible 
under section 212(a)(2)(A)(i)(I) or deport-
able under section 237(a)(2)(A)(i) (relat-
ing to crimes of moral turpitude) unless 
the Attorney General determines that the 
alien’s removal would result in extreme 
hardship to the alien, the alien’s child, or 
(in the case of an alien who is a child) to 
the alien’s parent; or 
‘‘(ii) an alien who is inadmissible 
under section 212(a)(3), or deportable 
under 
section 
237(a)(2)(D)(i) 
or 
237(a)(2)(D)(ii) (relating to security and 
related grounds).’’. 
(b) CONFORMING AMENDMENT.—Section 240A(b) of 
the Immigration and Nationality Act (8 U.S.C. 1229b(b)), 
is amended in paragraph (4) (as so redesignated by the 
amendment made by subsection (a)) by striking ‘‘para-