IMMIGRATION LEGISLATION, US CONGRESS

Search Bill Text 109th Congress (2005-2006)

Washington Update--What's Going on in Congress? (06-05)

The “Real ID Act of 2005" was signed into law (Pub. Law No. 109-13) on
May 11, 2005, as Division B of the Emergency Supplemental Appropriations
Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, and
became effective on the date of enactment.

CHILD PROTECTION ACT

• INS Guidance on Child Status Protection Act (09/20/02)
• Department of State Cable on Child Status Protection Act (09/08/02)
• Revised Cable on Child Status Protection Act, Department of State ALDAC #2 (01/03/03)(pdf)
• Department of State ALDAC #3 (05/03/03)(pdf)PROCEDURAL INSTRUCTIONS
• Department of State ALDAC #4(05/03/03)(pdf)WHAT CONSTITUTES A "FINAL DETERMINATION" ON AN APPLICATION ADJUDICATED PRIOR TO THE EFFECTIVE DATE
• Section 6 of the Child Status Protection Act, Joe Cuddihy /s/ Director, International Affairs, HQOPRD 70/6, March 23, 2004. Section 6 of the CSPA allows for unmarried sons or daughters of lawful permanent residents (LPRs) to remain classified as second preference aliens, even if the LPR parent naturalizes. The purpose of this memorandum is to provide guidance on adjudicating requests tendered pursuant to section 6 of the CSPA.
• CHILD STATUS PROTECTION ACT, PUBLIC LAW 107--208 [H.R. 1209] AUG. 06, 2002

On August 6, 2002 President Bush signed the Child Status Protection Act.
This new law addresses the problem of minor children losing their
eligibility for certain immigration benefits as a result of INS
processing delays. (when children of U.S. citizens turn 21 years of age,
they "age-out" of their immediate relative status to the status of
family-first preference: the Fl category.) Public Law (P.L. 107-208), 08/06/02

The new act provides that the determination of whether an unmarried
alien son or daughter of a US citizen is considered an "immediate
relative child" (under 21 years of age) will be based on the age of the
alien at the time the Petition for Alien Relative (Form I-130) is filed
on his or her behalf, rather than on the date the petition is
adjudicated, as is the case under current law.

The new law also provides similar determinations in the case of
permanent resident parents who subsequently naturalize after having
filed petitions for their sons or daughters and citizen parents who file
petitions for married sons or daughters where such sons or daughters
later divorce. In the first situation, the age determination will be
made at the time of the parents' naturalization. In the latter, the
alien beneficiary's age will be determined as of the date of his or her
divorce.

For the children of legal permanent residents, or those who are
accompanying or following to join on a petition for an immigrant visa,
their eligibility will be determined based on the date that a visa
becomes available to them, but only if they seek to acquire permanent
resident status within one year of such availability.
In addition, the new law provides age-out protection to alien children
who accompany or follow to join parents who have filed for asylum or
refugee status.

Finally, the new law provides that the family-sponsored petition of an
unmarried alien son or daughter whose permanent resident parent
subsequently becomes a naturalized US citizen will be converted to a
petition for an unmarried son or daughter of a US citizen, unless the
son or daughter elects otherwise.

May 9, 2002

Senator Tom Daschle (D-SD), the Senate Majority leader, introduced the
Uniting Families Act of 2002 that extends Section 245(i).  Under Senator
Daschle’s proposal, the filing deadline would be extended until April
30, 2003, and people still would have to prove physically presence in
the US on December 21, 2000.

Unlike the House bill, this extension does not include any date by
which someone would have had to have established a relationship or filed
a labor certification in order to qualify.  The bill does state that
persons are ineligible for Section 245(i) based on marriage fraud and
security and related grounds.

The House passed a more restrictive extension of Section 245(i) that
includes a requirement that the family relationship, or a labor
certification application, must have been filed by August 15, 2001.

March 12, 2002: The House of Representatives approved an extension of
Section 245(i) by a vote of 275 to 137.

• It will extend Section 245(i) until November 30, 2002, or four months
  after the INS issues regulations implementing the law, whichever is
  earliest.
• Eligibility for Section 245(i) must be established prior to August 15,
  2001.  For people who are submitting a family-based application, the new
  provision would require that the “familial relationship that is the
  basis of the application” existed before August 15, 2001.  For people
  who are submitting an employment-based application, they would have to
  prove that a labor certification was submitted prior to August 15, 2001.
• The Senate must now vote on similar legislation before it can be sent to
  the President for his signature.  As of yet, it is unclear whether the
  Senate will vote on this bill, or will draft a bill of its own.

HOT BILLS 107th CONGRESS 1st SESSION (Provided by AILA)

Extension Update, 09/06/01 : S. 778 | H.R. 1885

The Senate and House have agreed on a compromise measure to extend section 245(i).  It appears that, under the compromise, many immigrant petitions filed before either April 30, 2002 or four months after regulations are issued (it is not clear whether it is the earlier or the later of these two dates) would form the basis for 245(i) eligibility.  However, there are some important exceptions.

For family cases, the family relationship must have existed before August 15, 2001.  In essence, this means that the 245(i) extension would not be applicable to marriage-based petitions where the marriage was not entered into before last month. 

Similarly, for employment cases based on labor certifications, the labor certification application must have been filed by August 15, 2001.  This means that the 245(i) extension would not be applicable to new labor certification applications not filed before last month. 

However, the extension would be applicable to employment-based petitions that do not require a labor certification. The compromise deleted an earlier provision that would have required, for employment-based cases, that the employment relationship have existed prior to April 30, 2001.  This provision was retroactive in effect, and thus would have effectively cancelled 245(i) eligibility for a large percentage of the labor certification applications filed before the last 245(i) deadline.  That provision is no longer in the bill.  Also, the date by which the family relationship must have been entered into was moved in the compromise from April 30, 2001 to August 15, 2001.

President Bush is expected to sign the bill once all the details are worked out.

House Passes Age-Out Bill:

The House on June 6 unanimously passed H.R. 1209, the Child Status
Protection Act of 2001. The bill, introduced by Representatives George
Gekas (R-PA) and Sheila Jackson-Lee (D-TX), would protect the children
of U.S. citizens from aging-out during the process of applying for
permanent residency. The legislation would protect the children of U.S.
citizens by defining their eligibility for a visa based on their age on
the date that the immigrant visa petition was filed with INS. For
petitions that are converted to a petition for an unmarried child of a
U.S. citizen by virtue of the parents becoming naturalized citizens or
the minor child getting a divorce, eligibility for a visa will be based
on the date that the parents became citizens or on the date that the
divorce became final. States that such amendments shall apply
retroactively.

In the Senate, Senator Dianne Feinstein (D-CA) has introduced an age-out
protection bill with the same name. However, Senator Feinstein’s bill,
S. 672, does not limit its protections to the children of U.S. citizens.
In addition to providing the protections contained in H.R. 1209, Senator
Feinstein’s bill prevents the children of legal permanent residents,
refugees and asylees, diversity visa holders, and the children of
employment-based applicants from aging out during the long processing
delays.

S.995  Immigrant Fairness Restoration Act of 2001: Introduced by
Senators Edward Kennedy (D-MA), Bob Graham (D-FL), and 8 co-sponsors, S.
955 would provide comprehensive reform of the 1996 immigration laws,
including: the elimination of mandatory and indefinite detention;
eliminating the bars to admissibility for unlawful presence; restoring
waivers of certain grounds on inadmissibility established by the 1996
laws; and restoring due process, proportionality, judicial discretion,
and judicial review to immigration law.

S.778  245(i) Extension: Introduced by Senator Chuck Hagel (R-NE), with
6 original co-sponsors, S.778 would expand the class of beneficiaries
who may apply for adjustment of status under section 245(i) of the
Immigration and Nationality Act by extending the deadline for
classification petition and labor certification filings to April 30,
2002.

S.778  Child Status Protection Act: Introduced by Senator Dianne
Feinstein (D CA), S. 672 amends the Immigration and Nationality Act to
provide for the continued classification of certain aliens as children
in cases where the aliens "age out" while awaiting immigration
processing.

H.R. 1918  Student Adjustment Act of 2001: Introduced by Representatives
Chris Canon (R-UT) and Howard Berman (D-CA), H.R. 1918 amends 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, and amends the Illegal Immigration Reform and Immigrant
1Responsibility Act of 1996 to permit states to determine state
residency for higher education tuition.

Adjustment of Status/Family Unification

S.1265
Children's Adjustment, Relief, And Education (Care) Act Of 2001: Introduced by Senator Richard J. Durbin (D-IL) and eight co-sponsors, S.1265 would amend the Immigration and Nationality Act to require the attorney general to cancel the removal and adjust the status of certain aliens who were brought to the United States as children.

S.1167
Family Sponsor Immigration Act of 2001: Introduced by Senator Dianne Feinstein (D-CA), S.1167 amends the Immigration and Nationality Act to permit the substitution of an alternative close family sponsor in the case of the death of the person petitioning for an alien´s admission to the United States.

S. 672
Child Status Protection Act: Introduced by Senator Dianne Feinstein (D-CA), S. 672 amends the Immigration and Nationality Act to provide for the continued classification of certain aliens as children in cases where the aliens “age out” while awaiting immigration processing.

S. 562
Working Families Registry Act: Introduced by Senator Harry Reid (D-NE), S.562 amends the Immigration and Nationality Act to update the registry date from 1972 to 1986, thereby extending the admission date for permanent residence for certain aliens. The bill also adds one year extensions starting in Jan. 2002 through Jan. 2006 thereby bringing the registry date to 1991 in the year 2006.

H.R. 1892
Family Sponsor Immigration Act: Introduced by Representative Calvert (R-CA), H.R. 1892 amends the Immigration and Nationality Act to provide acceptance of an affidavit of support from another eligible sponsor if the original sponsor has died and the Attorney General has determined for humanitarian reasons that the original sponsor’s classification petition should not be revoked.

H.R. 1209
Child Status Protection Act of 2001: Introduced by Representative George Gekas (R PA), H.R.1209 amends the Immigration and Nationality Act to determine whether an alien is a child, for the family of U.S. citizens only, based on the age of the alien at the time that a petition to classify them is filed or at time that they became eligible for immediate relative status.
Asylum/Special Immigrants

S. 121
Unaccompanied Alien Child Protection Act of 2001:  Introduced by Senator Dianne Feinstein (D- CA), S.121 would establish an Office of Children's Services within the Department of Justice to coordinate and implement government actions involving unaccompanied alien children.

H.R. 1918
Student Adjustment Act of 2001: Introduced by Representatives Chris Canon (R-UT) and Howard Berman (D-CA), H.R. 1918 amends 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, and amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit states to determine state residency for higher education tuition.

H.R. 1904
Unaccompanied Alien Child Protection Act of 2001: Introduced by Representatives Zoe Lofgren (D-CA) and Chris Cannon (R-UT), H.R. 1904 would establish an Office of Children's Services within the Department of Justice to coordinate and implement Government actions involving unaccompanied alien children, and for other purposes.

H.R. 1582
Immigrant Children’s Educational Advancement and Dropout Prevention Act of 2001: Introduced by Representative Luis Gutierrez (D-IL), H.R.1582 amends 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.

Due Process Reform

S.955
Immigrant Fairness Restoration Act of 2001: Introduced by Senators Edward Kennedy (D-MA), Bob Graham (D-FL), and 8 co-sponsors, S. 955 would provide comprehensive reform of the 1996 immigration laws, including: the elimination of mandatory and indefinite detention; eliminating the bars to admissibility for unlawful presence; restoring waivers of certain grounds on inadmissibility established by the 1996 laws; and restoring due process, proportionality, judicial discretion, and judicial review to immigration law.

H.R. 2113
Secret Evidence Rule: Introduced by Representative Rohrabacher (R-), H.R. 2113 to amend the Immigration and Nationality Act to ensure that no permanent resident alien or alien in the United States with an unexpired visa is removed or otherwise deprived of liberty, based on evidence that is kept secret from the alien.

H.R. 1452
Cancellation of Removal Reform Bill: Introduced by Representative Barney Frank (D-Mass), H.R. 1452 amends the Immigration and Nationality Act to expand the eligibility of certain long-term permanent resident aliens to seek cancellation of removal, and to reform some of the harsher provisions of IIRIRA.

H.R. 1266
Secret Evidence Repeal Act of 2001: Introduced by Representative David Bonior (D-MI), H.R. 1266 ensures that no alien is removed, denied a benefit under the Immigration and Nationality Act, or otherwise deprived of liberty, based on evidence that is kept secret from the alien.

H.R. 87
Keeping Families Together Act of 2001: Introduced by Representative Bob Filner (D-CA), H.R. 87 amends the Immigration and Nationality Act to restore certain provisions relating to the definition of aggravated felony and other provisions as they were before the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

Equity of Relief

S. 656
Liberians Adjustment: Introduced by Senator Jack Reed (D-RI), S. 656 provides for the adjustment of status of certain nationals of Liberia to that of lawful permanent residents.

H.R. 1806
Liberian Refugee Immigration Fairness Act of 2001: Introduced by Representative Patrick Kennedy (D-R.I), with 26 co-sponsors, H.R. 1806 provides for the adjustment of status of certain nationals of Liberia to that of lawful permanent residence.

H.R. 707
Central American and Haitian Adjustment Act of 1999: Introduced by Representative Christopher Smith (R-NJ), H.R. 707 amends the Nicaraguan Adjustment and Central American Relief Act to provide to certain nationals of El Salvador, Guatemala, Honduras, and Haiti an opportunity to apply for adjustment of status under that act.

H.R. 348
Central American and Haitian Adjustment Act of 1999: Introduced by Representative Luis Gutierrez (D-IL), H.R.348 amends the Nicaraguan Adjustment and Central American Relief Act to provide to certain nationals of El Salvador, Guatemala, Honduras, and Haiti an opportunity to apply for adjustment of status under that act.
Essential Workers

S.1149
ESSENTIAL WORKERS/CHEFS: Introduced by Senator Reid (D-NV), S.1149 amends the Immigration and Nationality Act to establish a new nonimmigrant category for chefs and individuals in related occupations.
INS Reorganization

H.R. 1562
Immigration Restructuring and Accountability Act of 2001: Introduced by Representative Sheila Jackson-Lee (D-TX). A bill to replace the Immigration and Naturalization Service with the Office of the Associate Attorney General for Immigration Affairs, the Bureau of Immigration Services, and the Bureau of Immigration Enforcement, and for other purposes.
Section 245(i)

S.778
245(i) Extension: Introduced by Senator Chuck Hagel (R-NE), with 6 original co-sponsors, S.778 would expand the class of beneficiaries who may apply for adjustment of status under section 245(i) of the Immigration and Nationality Act by extending the deadline for classification petition and labor certification filings to April 30, 2002.

H.R. 1885
Section 245(i) Extension Act of 2001: Introduced by Representative George Gekas (R-PA), with 3 original co-sponsors, H.R. 1885 would expand the class of beneficiaries who may apply for adjustment of status under section 245(i) of the Immigration and Nationality Act by extending the deadline for classification petition and labor certification filings.

H.R. 1713
245(i) Restoration: Introduced by Representative Luis Gutierrez (D-IL), with 14 original co-sponsors, H.R.1713 would amend the Immigration and Nationality Act to restore the scope of eligibility for adjustment of status under section 245(i) of that act to that in effect before November 1997.

H.R. 1615
245(i) Extension: Introduced by Representative Sheila Jackson-Lee (D-TX), H.R. 1615 would expand the class of beneficiaries who may apply for adjustment of status under section 245(i) of the Immigration and Nationality Act by extending the deadline for classification petition and labor certification filings from April 30, 2001 to April 30, 2002.

H.R. 1242
245(i) Extension: Introduced by Representative Peter King (R-NY), H.R. 1242 would expand the class of beneficiaries who may apply for adjustment of status under section 245(i) of the Immigration and Nationality Act by extending the deadline for classification petition and labor certification filings to October 31, 2001.

H.R. 1195
245(i) Extension: Introduced by Representative Charles Rangel (D-NY), H.R. 1195 expands the class of beneficiaries who may apply for adjustment of status under section 245(i) of the Immigration and Nationality Act by extending the deadline for classification petition and labor certification filings to April 30, 2002.

Restrictionist Bills

HJRES59
A Resolution Regarding United States Citizenship: Introduced by Representative Mark Foley (R-Fla.), HJRES59 would call for a joint resolution proposing an amendment to the Constitution of the United States to provide that no person born in the United States will be a United States citizen unless a parent is a United States citizen, is lawfully in the United States, or has a lawful immigration status at the time of the birth.

H.R. 190
Clarifies the Effect on the Citizenship of an Individual Born in the United States: Introduced by Representative Bob Stump (R-AZ), H.R. 190 declares that a person born in the U.S. to a mother who is a U.S. citizen, national or immigrant and is eligible to become or is a citizen or national of a country which either of his or her natural parents is a citizen or national, is not a U.S. citizen solely by virtue of being born in the U.S.