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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Equal Justice for Immigrants Act''.

SEC. 2. ADJUSTMENT OF STATUS OF THE ABC CLASS AND CERTAIN SALVADORANS,
GUATEMALANS, AND HAITIANS.

(a) Adjustment of Status.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of any alien
described in subsection (b) of this Act shall be adjusted by
the Attorney General to that of an alien lawfully admitted for
permanent resident, if the alien--
(A) applies for such adjustment before April 1,
2000; and
(B) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for inadmissibility specified
in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of
section 212(a) of the Immigration and Nationality Act
shall not apply.
(2) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply for
adjustment of status under paragraph (1). Such an alien may not
be required, as a condition on submitting or granting such
application, to file a separate motion to reopen, reconsider,
or vacate such order. If the Attorney General renders a final
administrative decision to deny the application, the order
shall be effective and enforceable to the same extent as if the
application had not been made.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided by subsection (a) shall apply to any alien who is physically
present in the United States on the date the application is filed and
is--
(1) a Salvadoran national who first entered the United
States on or before September 19, 1990, who registered for
benefits pursuant to the settlement agreement in American
Baptist Churches, et al. v. Thornburgh (ABC), 760F. Supp. 796
(N.D. Cal. 1991) on or before October 31, 1991;
(2) a Guatemalan national who first entered the United
States on or before October 1, 1990, and who registered for
benefits pursuant to such settlement agreement on or before
December 31, 1991;
(3) a Salvadoran or Guatemalan national who filed an
application for asylum with the Immigration and Naturalization
Service on or before April 1, 1990; or
(4) a Haitian national--
(A) who has been physically present in the United
States for at least 1 year; and
(B) who--
(i) was physically present in the United
States on December 31, 1995;
(ii) filed for asylum before December 31,
1995; or
(iii) was paroled into the United States--
(I) prior to December 31, 1995,
after having been identified as having
a credible fear of persecution; or
(II) for emergent reasons or
reasons deemed strictly in the public
interest.
(c) Stay of Removal.--
(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of deportation
or removal to seek a stay of such order based on the filing of
an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not issue a final order of removal against an
alien, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and raises as a
defense to such an order the eligibility of the alien to apply
for adjustment of status under subsection (a), except where the
Attorney General has rendered a final administrative
determination to deny the application.
(3) Work authorization.--The Attorney General may authorize
an alien who has applied for adjustment of status under
subsection (a) to engage in employment in the United States
during the pendency of such application and may provide the
alien with an ''employment authorized'' endorsement or other
appropriate document signifying authorization of employment,
except if such application is pending for a period exceeding
180 days, and has not been denied, the Attorney General shall
authorize such employment.
(d) Adjustment of Status for Spouses and Children.--Notwithstanding
section 245(c) of the Immigration and Nationality Act, the status of an
alien shall be adjusted by the Attorney General to that of an alien
lawfully admitted for permanent residence, if--
(1) the alien is a national of El Salvador, Guatemala, or
Haiti;
(2) the alien is the spouse, child, or unmarried son or
daughter, of an alien whose status is adjusted to that of an
alien lawfully admitted for permanent residence under
subsection (a);
(3) the alien applies for such adjustment and is physically
present in the United States on the date the application is
filed; and
(4) the alien is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for inadmissibility specified in
paragraphs (4), (5), (6)(A), (7)(A), and 9(B) of section 212(a)
of the Immigration and Nationality Act shall not apply.
(e) Availability of Administrative Review.--The Attorney General
shall provide to applicants for adjustment of status under subsection
(a) the same right to, and procedures for, administrative review as are
provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section 240
of such Act.
(f) Judicial Review.--A determination by the Attorney General as to
whether the status of any alien should be adjusted under this section
is subject to judicial review in accordance with chapter 7 of title 5,
United States Code.
(g) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under any provision of the Immigration and Nationality Act.
(h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this section, the
definitions contained in the Immigration and Nationality Act shall
apply in the administration of this section. Nothing contained in this
section shall be held to repeal, amend, alter, modify, affect, or
restrict the powers, duties, functions, or authority of the Attorney
General in the administration and enforcement of such Act or any other
law relating to immigration, nationality, or naturalization. The fact
that an alien may be eligible to be granted the status of having been
lawfully admitted for permanent residence under this section shall not
preclude the alien from seeking such status under any other provision
of law for which the alien may be eligible.

SEC. 3. AMENDMENTS TO NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF
ACT.

(a) Elimination of Limitations on Judicial Review.--
(1) Adjustment of status of certain nicaraguans and
cubans.--Section 202(f) of the Nicaraguan Adjustment and
Central American Relief Act is amended to read as follows:
''(f) Judicial Review.--A determination by the Attorney General as
to whether the status of any alien should be adjusted under this
section is subject to judicial review in accordance with chapter 7 of
title 5, United States Code.''.
(2) Special rule for certain aliens granted temporary
protection from deportation.--Section 309(c)(5)(C)(ii) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996, as added by section 203(a)(1) of the Nicaraguan
Adjustment and Central American Relief Act, is amended to read
as follows:
''(ii) Judicial review.--A determination by
the Attorney General as to whether an alien
satisfies the requirements of clause (i) is
subject to judicial review in accordance with
chapter 7 of title 5, United States Code.
Nothing in the preceding sentence shall be
construed as limiting the application of
section 242(a)(2)(B) of the Immigration and
Nationality Act (as in effect after the title
III-A effective date) to other eligibility
determinations pertaining to discretionary
relief under this Act.''.
(b) Elimination of Temporary Reductions in Visas.--Section 203 of
the Nicaraguan Adjustment and Central American Relief Act is amended--
(1) by striking subsections (d) and (e); and
(2) by redesignating subsection (f) as subsection (d).
(c) Effective Date.--The amendments made by this section--
(1) shall take effect upon the enactment of the Nicaraguan
Adjustment and Central American Relief Act; and
(2) shall be effective as if included in the enactment of
such Act.
Output:
Equal Justice for Immigrants Act - Directs the Attorney General to adjust the status to permanent resident, and cancel any removal order, of certain Central American and Haitian aliens.
Amends the Nicaraguan Adjustment and Central American Relief Act to: (1) subject status adjustment determinations to judicial review, including determinations respecting aliens granted temporary protection from deportation; and (2) eliminate the temporary reductions in diversity and other workers' visas.