I 
108TH CONGRESS 
1ST SESSION H. R. 1684
To amend the Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 to permit States to determine state residency for higher 
education purposes and to amend the Immigration and Nationality Act 
to cancel the removal and adjust the status of certain alien college-
bound students who are long-term U.S. residents. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 9, 2003
Mr. CANNON (for himself, Mr. BERMAN, Ms. ROYBAL-ALLARD, Mr. BONILLA, 
Mr. DREIER, Mr. GEORGE MILLER of California, Ms. ROS-LEHTINEN, 
Mr. HOYER, Mr. LINCOLN DIAZ-BALART of Florida, Mr. GUTIERREZ, 
Mr. MARIO DIAZ-BALART of Florida, Mr. WU, Mr. NUNES, Ms. JACK-
SON-LEE of Texas, Mrs. WILSON of New Mexico, Mr. RODRIGUEZ, Mr. 
WELLER, Mr. DOOLEY of California, Ms. HART, Mr. MENENDEZ, Mr. 
KING of New York, Mr. PASTOR, Mr. TIAHRT, Mr. MATHESON, Mr. 
SMITH of New Jersey, Mr. MCNULTY, Mr. RENZI, Ms. LINDA T. 
SA´NCHEZ of California, Mr. SHAYS, and Ms. SOLIS) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committee on Education and the Workforce, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 to permit States to determine 
state residency for higher education purposes and to 
amend the Immigration and Nationality Act to cancel 
the removal and adjust the status of certain alien college-
bound students who are long-term U.S. residents.
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 ‘‘Student Adjustment 
Act of 2003’’. 
SEC. 2. RESTORATION OF STATE OPTION TO DETERMINE 
RESIDENCY FOR PURPOSES OF HIGHER EDU-
CATION BENEFITS. 
(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8 U.S.C. 1623) is repealed.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. 
SEC. 3. ADJUSTMENT OF STATUS OF CERTAIN LONG-TERM 
RESIDENT STUDENTS. 
(a) IN GENERAL.—Section 240A of the Immigration 
and Nationality Act (8 U.S.C. 1229b) is amended—
(1) in paragraph (3) of subsection (b)—
(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); 
(2) by inserting after paragraph (2) of sub-
section (b) the following new paragraph: 
‘‘(3) SPECIAL RULE FOR CHILDREN IN MIDDLE 
OR SECONDARY SCHOOL.—
‘‘(A) AUTHORITY.—Subject to subpara-
graph (B), the Secretary of Homeland Security 
shall cancel removal of, and adjust to the status 
of an alien lawfully admitted for permanent res-
idence, an alien who is inadmissible or deport-
able from the United States if the alien dem-
onstrates that—
‘‘(i) the alien has not, at the time of 
application, attained the age of 21; 
‘‘(ii) the alien was physically present 
in the United States on the date of the en-
actment of the Student Adjustment Act of 
2003 and has been physically present in 
the United States for a continuous period 
of not less than five years immediately pre-
ceding the date of such application;
‘‘(iii) the alien has been a person of 
good moral character during such period; 
and 
‘‘(iv) the alien, at the time of applica-
tion, is enrolled at or above the 7th grade 
level in a school in the United States or is 
enrolled in or actively pursuing admission 
to an institution of higher education in the 
United States as defined in section 101 of 
the Higher Education Act of 1965 (20 
U.S.C. 1001). 
The Secretary of Homeland Security shall pro-
vide a procedure by regulation allowing eligible 
individuals to apply affirmatively for the relief 
available under this paragraph without being 
placed in removal proceedings. An alien shall 
not be considered to have failed to maintained 
continuous physical presence in the United 
States for purposes of clause (ii) by virtue of 
brief, casual, and innocent absences from the 
United States. 
‘‘(B) RESTRICTIONS ON AUTHORITY.—The 
provisions of this paragraph shall not apply to 
any of the following aliens:
‘‘(i) An alien who is inadmissible 
under section 212(a)(2)(A)(i)(I) or is de-
portable under section 237(a)(2)(A)(i) (re-
lating to crimes of moral turpitude), unless 
the Secretary of Homeland Security deter-
mines 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. 
‘‘(ii) An alien who is inadmissible 
under section 212(a)(3) or is deportable 
under 
section 
237(a)(2)(D)(i) 
or 
237(a)(2)(D)(ii) (relating to security and 
related grounds).’’; and 
(3) in subsection (d)(1)(A), by inserting ‘‘or 
(b)(3)’’ after ‘‘subsection (b)(2)’’. 
(b) EXEMPTION FROM NUMERICAL LIMITATIONS.—
Section 240A(e)(3) of such Act (8 U.S.C. 1229b(e)(3)) 
is amended by adding at the end the following new sub-
paragraph: 
‘‘(C) 
Aliens 
described 
in 
subsection 
(b)(3).’’. 
(c) GRANDFATHER PROVISIONS.—For purpose of ap-
plying section 240A(b)(3) of the Immigration and Nation-
ality Act (as inserted by subsection (a)) with respect to
an application filed under such section not later than 120 
days after the effective date of regulations implementing 
this section—
(1) an individual shall be considered to be 
under the age of 21 if the individual’s 21st birthday 
occurs after the date of the enactment of this Act 
but no more than 120 days after the effective date 
of such regulations; and 
(2) an individual shall be treated as meeting the 
requirements of clauses (i), (ii), and (iv) of subpara-
graph (A) of such section if—
(A) the individual would have met such re-
quirements based upon an application filed at 
any time during the 4-year period ending on the 
date of the enactment of this Act; and 
(B) the individual has graduated from, or 
is at the time of application enrolled in, an ac-
credited institution of higher education in the 
United States (described in clause (iv) of such 
subparagraph). 
(d) CONFIDENTIALITY OF INFORMATION.—Neither 
the Secretary of Homeland Security, nor any other official 
or employee of the Department of Homeland Security or 
other Department, bureau, or agency of the United States, 
may—
(1) use the information furnished by the appli-
cant pursuant to an application filed under the 
amendments made by this section for any purpose 
other than to make a determination on the applica-
tion; 
(2) make any publication whereby the informa-
tion furnished by any particular individual can be 
identified; or 
(3) permit anyone other than the sworn officers 
and employees of the Department of Homeland Se-
curity or bureau or agency or, with respect to appli-
cations filed with a designated entity, that des-
ignated entity, to examine individual applications. 
Whoever knowingly uses, publishes, or permits informa-
tion to be examined in violation of this subsection shall 
be fined not more than $10,000. 
(e) ELIGIBILITY OF CANCELLATION APPLICANTS FOR 
FEDERAL EDUCATIONAL ASSISTANCE.—Section 431(b) of 
the Personal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (8 U.S.C. 1641(b)) is amended—
(1) by striking ‘‘; or’’ at the end of paragraph 
(6) and inserting a comma; 
(2) by striking the period at the end of para-
graph (7) and inserting ‘‘, or’’; and
(3) by adding at the end the following new 
paragraph: 
‘‘(8) an alien who has been granted relief under 
section 240A(b)(3) of the Immigration and Nation-
ality Act, or with respect to whom an application 
under such section has been filed but not finally 
been adjudicated.’’. 
(f) REGULATIONS.—
(1) PROPOSED REGULATIONS.—Not later than 
60 days after the date of the enactment of this Act, 
the Secretary of Homeland Security shall publish 
proposed regulations implementing this section. 
(2) INTERIM, FINAL REGULATIONS.—Not later 
than 120 days after the date of the enactment of 
this Act, the Secretary of Homeland Security shall 
publish final regulations implementing this section. 
Such regulations shall be effective immediately on an 
interim basis, but are subject to change and revision 
after public notice and opportunity for a period for 
public comment.
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