FAMILY REUNIFICATION ACT OF
2001
HR 1452 IH
107th CONGRESS
1st Session
H. R. 1452
IN THE HOUSE OF
REPRESENTATIVES
Mr. FRANK (for himself, Mr. FROST, Mr. DIAZ-BALART, Mr. MCGOVERN, Mr.
KENNEDY of Rhode Island, Ms. JACKSON-LEE of Texas, Mr. BALDACCI, Mr. CAPUANO,
Mr. DELAHUNT, Mr. FILNER, Mr. MCDERMOTT, Mrs. MINK of Hawaii, Mr. RANGEL, Mr.
RODRIGUEZ, Ms. SCHAKOWSKY, Mr. GEORGE MILLER of California, and Mr. LANGEVIN)
introduced the following bill; which was referred to the Committee on the
Judiciary
A BILL
Be it enacted by the Senate and
House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the
`Family Reunification Act of 2001'.
(a) CANCELLATION OF REMOVAL FOR
CERTAIN PERMANENT RESIDENTS- Section 240A(a) of the Immigration and Nationality
Act (8 U.S.C. 1229b(a)) is amended to read as follows:
`(a) CANCELLATION OF REMOVAL FOR
CERTAIN PERMANENT RESIDENTS-
`(1) IN GENERAL- The Attorney
General may cancel removal in the case of an alien who is inadmissible or
deportable from the United States, if the alien--
`(A) has been an alien lawfully
admitted for permanent residence for not less than 5 years;
`(B) has resided in the United
States continuously for 7 years after having been admitted in any status; and
`(C) has not been convicted of--
`(i) an aggravated felony or
felonies for which the alien has been sentenced, in the aggregate, to a term of
imprisonment of 5 years or more; or
`(ii) in the case of sentencing
imposed under a system of indeterminate sentencing (as defined in section 20101
of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
13701)), an aggravated felony or felonies for which--
`(I) the midpoint of the statutory
range of sentence applicable to the felony or felonies is, in the aggregate, 5
years or more; or
`(II) the alien has served, in the
aggregate, a term of imprisonment of 5 years or more.
`(2) NO DANGER TO PERSONS OR
PROPERTY- In the case of an alien convicted of an aggravated felony involving
violence, the Attorney General may exercise the discretion described in
paragraph (1) only after making a written determination that the action poses no
danger to the safety of persons or property.
`(3) DEFINITION OF TERM OF
IMPRISONMENT- For purposes of this subsection (and any other determination
under this Act made solely with respect to an alien whose removal is canceled
under this subsection), section 101(a)(48)(B) shall be applied so as to exclude
from the time periods defined in the section any period of suspension of the
imposition or execution of a term of imprisonment or a sentence in whole or in
part.
`(4) RELEASE FROM DETENTION
PENDING DECISION- Notwithstanding section 236(c)(2), the Attorney General may
release an alien applying for cancellation of removal under this subsection,
pending a decision on whether the alien is to be removed from the United
States, if the alien demonstrates to the satisfaction of the Attorney General
that the alien is not a threat to the community and is likely to appear for any
scheduled proceeding. A decision relating to such release shall be made in
accordance with a procedure that considers the severity of the offense
committed by the alien.'.
(b) CANCELLATION OF REMOVAL FOR
CERTAIN OTHER PERMANENT RESIDENTS FOR URGENT HUMANITARIAN REASONS OR
SIGNIFICANT PUBLIC BENEFIT- Section 240A of the Immigration and Nationality Act
(8 U.S.C. 1229b) is amended by adding at the end the following:
`(f) CANCELLATION OF REMOVAL FOR
CERTAIN PERMANENT RESIDENTS FOR URGENT HUMANITARIAN REASONS OR SIGNIFICANT
PUBLIC BENEFIT-
`(1) IN GENERAL- In the case of an
alien otherwise eligible for cancellation of removal under subsection (a), except
that the alien has been convicted of an aggravated felony that renders the
alien unable to satisfy the requirement in subsection (a)(1)(C), the Attorney
General may cancel removal of the alien under such conditions as the Attorney
General may prescribe, but only--
`(A) on a case-by-case basis for
urgent humanitarian reasons, significant public benefit (including assuring
family unity), or any other sufficiently compelling reason; and
`(B) after making a written
determination that the cancellation of removal poses no danger to the safety of
persons or property.
`(2) RELEASE FROM DETENTION
PENDING DECISION- Subsection (a)(4) shall apply to release of an alien applying
for cancellation of removal under this subsection in the same manner as such
subsection applies to an alien applying under subsection (a).'.
(c) EFFECTIVE DATE- The amendments
made by subsections (a) and (b) shall take effect as if included in the
enactment of section 304 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110
Stat. 3009-587).
(a) IN GENERAL- Section 240A(d)(1)
of the Immigration and Nationality Act (8 U.S.C. 1229b(d)(1)) is amended to
read as follows:
`(1) TERMINATION OF CONTINUOUS
PERIOD-
`(A) IN GENERAL- For purposes of
this section, any period of continuous residence or continuous physical
presence in the United States of an alien shall be deemed to end upon the
alien's failure to attend a proceeding under section 240, unless--
`(i) the Attorney General
determines not to seek a removal order in absentia under section 240(b)(5)(A)
based on such failure;
`(ii) any removal order entered in
absentia under such section based on such failure is rescinded under section
240(b)(5)(C); or
`(iii) the alien demonstrates
that--
`(I) the failure to appear was
inadvertent or due to reasonable cause; and
`(II) within a relatively brief
period subsequent to such failure, the alien presented himself or herself in
person to an immigration officer and made known the reasons for such failure.
`(B) CONSTRUCTION- In a case
described in clause (i), (ii), or (iii) of subparagraph (A), the alien's
failure to attend the proceeding under section 240 shall not be construed to
cause a break in the continuity of residence or physical presence.'.
(b) EFFECTIVE DATE- The amendment
made by subsection (a) shall take effect as if included in the enactment of
section 304 of the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (Public Law 104-208; 110 Stat. 3009-587).
(a) IN GENERAL- Notwithstanding any
other provision of law, including section 240A of the Immigration and
Nationality Act (8 U.S.C. 1229b), an alien, whether physically present in the
United States or not, who was lawfully admitted for permanent residence on April
1, 1997, and who is or was in exclusion, deportation, or removal proceedings on
or after such date by reason of having committed a criminal offense before such
date may--
(1) request discretionary
administrative relief from exclusion, deportation, or removal based on such
offense under the provisions of the Immigration and Nationality Act in effect
on the date of the commission of such offense and without regard to the
provisions of paragraphs (5) and (7) of section 309(c) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101
note); and
(2) appeal for administrative
review of a denial (rendered before, on, or after the date of the enactment of
this Act) of discretionary relief from exclusion, deportation, or removal based
on such offense under the provisions of the Immigration and Nationality Act in
effect on the date of the commission of such offense and without regard to the
provisions of paragraphs (5) and (7) of section 309(c) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101
note).
(b) NO DANGER TO PERSONS OR
PROPERTY- In the case of an alien convicted of an aggravated felony involving
violence, the Attorney General may reverse under subsection (a) a denial of
discretionary relief rendered before the date of the enactment of this Act only
after making a written determination that the action poses no danger to the
safety of persons or property.
(a) ESTABLISHMENT OF APPLICATION
PROCESS- Notwithstanding section 240(c)(6) of the Immigration and Nationality
Act (8 U.S.C. 1229a(c)(6)) or any other limitation imposed by law on motions to
reopen exclusion, deportation, or removal proceedings, the Attorney General
shall establish a process (whether through permitting the reopening of such a
proceeding or otherwise) under which an alien, whether physically present in
the United States or not, who is or was in such a proceedings before the date
of the enactment of this Act (whether or not the alien has been excluded,
deported, or removed as of such date)--
(1) may apply (or reapply) for
cancellation of removal and release from detention under section 240A of the
Immigration and Nationality Act, as amended by sections 2 and 3 of this Act, if
the alien has become eligible for cancellation of removal as a result of one or
more of the amendments made by such sections; or
(2) may apply (or reapply) for
discretionary relief under section 4 of this Act, if the alien is eligible for
such relief.
(b) PAROLE- The Attorney General
should exercise the parole authority under section 212(d)(5)(A) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of
permitting aliens who are not physically present in the United States to
participate in the process established under subsection (a). An alien so
paroled shall not be treated as paroled into the United States for purposes of
section 201(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1151(c)(4)).
Section 101(a)(13)(C) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(C)) is amended--
(1) in clause (iv), by adding `or'
at the end;
(2) by striking clause (v); and
(3) by redesignating clause (vi)
as clause (v).
END