Family Reunification Act of 2005 - Amends the Immigration and Nationality Act to authorize the Secretary of Homeland Security to cancel the removal of an alien lawfully admitted for permanent residence for not less than five years who is inadmissible to, or deportable from, the United States, if such alien: (1) has resided continuously in the United States for seven years and has not been convicted of any aggravated felony; (2) has resided continuously in the United States for seven or ten years and has been convicted of a nonviolent aggravated felony (with the period of continuous residence calculated by reference to the date of commission of an aggravated felony or incarceration for such a felony) for which the term of imprisonment was four years or less; (3) has resided continuously in the United States for seven or ten years (using the above calculation) and has been convicted of an aggravated felony classified as a crime of violence for which the term of imprisonment was two years or less; (4) has resided continuously in the United States for seven years after being admitted before age ten; or (5) has resided continuously in the United States for seven years after being admitted before the age of 16 and prior to the commission of any aggravated felony. Excludes from such cancellation of removal those aliens who have previously been convicted of murder, rape, sexual abuse of a minor, or an attempt or conspiracy to commit such an offense.
Sets forth special residency requirements for aliens who committed aggravated felonies before or after enactment of this Act.
Terminates the period of continuous residence or physical presence for cancellation of removal purposes when an alien receives a notice to appear for removal proceedings (currently, the period ends upon the earlier of receipt of such notice or upon commission of the removable offense).
Permits a lawful permanent resident who has committed a criminal offense constituting a ground of inadmissibility to reenter the United States without seeking admission if the offense was committed within the United States and the alien was absent from the United States for not more than 30 days thereafter.
Authorizes the Secretary to release criminal aliens in specified circumstances.
States that a criminal conviction remains a conviction for immigration purposes even if vacated, unless vacated on the merits or on grounds relating to the violation of a statutory or constitutional right in the underlying proceedings.
Permits an alien made eligible for cancellation of removal as a result of this Act to file an unreviewable motion to reopen to apply for cancellation.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2055 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2055
To amend the Immigration and Nationality Act to permit certain long-
term permanent resident aliens to seek cancellation of removal under
such Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 3, 2005
Mr. Frank of Massachusetts introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to permit certain long-
term permanent resident aliens to seek cancellation of removal under
such Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Reunification Act of 2005''.
SEC. 2. CANCELLATION OF REMOVAL FOR LONG-TERM PERMANENT RESIDENT
ALIENS.
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) Permanent residents not convicted of any aggravated
felony.--The Secretary of Homeland Security may cancel removal
in the case of an alien who is inadmissible to, 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) resided in the United States continuously for
7 years after having been admitted in any status; and
``(C) has not been convicted of any aggravated
felony.
``(2) Permanent residents convicted of a nonviolent
aggravated felony.--The Secretary of Homeland Security may
cancel removal in the case of an alien who is inadmissible to,
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) satisfies the residence requirements of
paragraph (6);
``(C) has never been convicted of--
``(i) an act of murder, rape, or sexual
abuse of a minor;
``(ii) any crime of violence (as defined in
section 16 of title 18, United States Code); or
``(iii) an attempt or conspiracy to commit
an offense described in clause (i) or (ii);
``(D) has been convicted of--
``(i) a single aggravated felony for which
the alien was sentenced to serve a term of
imprisonment of 4 years or less;
``(ii) multiple aggravated felonies arising
out of a single scheme of criminal misconduct
for which the alien was sentenced to serve, in
the aggregate, a term of imprisonment of 4
years or less; or
``(iii) 2 aggravated felonies arising out
of separate schemes of criminal misconduct for
which the alien was sentenced to serve, in the
aggregate, a term of imprisonment of 4 years or
less, but for neither of which the alien was
actually incarcerated;
``(E) was not, in the commission of the aggravated
felony or felonies described in subparagraph (D)--
``(i) an organizer, leader, manager, or
supervisor of others; or
``(ii) engaged in a continuing criminal
enterprise (as defined in section 408(c) of the
Controlled Substances Act (21 U.S.C. 848(c)));
``(F) has never been incarcerated for any offense
except--
``(i) the offense described in clause (i)
of subparagraph (D), or another offense that
was committed in the course of the same scheme
of criminal misconduct; or
``(ii) an offense that was committed in the
course of the scheme or schemes described in
clause (ii) or (iii) of such subparagraph; and
``(G) has not been the subject of a timely
certification described in paragraph (7) with respect
to the aggravated felony or felonies described in
subparagraph (D), unless such certification has been
revoked pursuant to such paragraph.
``(3) Permanent residents convicted of an aggravated felony
classified as a crime of violence.--The Secretary of Homeland
Security may cancel removal in the case of an alien who is
inadmissible to, 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) satisfies the residence requirements of
paragraph (6);
``(C) has never been convicted of--
``(i) an act of murder, rape, or sexual
abuse of a minor; or
``(ii) an attempt or conspiracy to commit
an offense described in clause (i);
``(D) has never been convicted of any aggravated
felony that resulted in death or serious bodily injury
to any person other than the alien;
``(E) has been convicted of--
``(i) a single aggravated felony for which
the alien was sentenced to serve a term of
imprisonment of 2 years or less;
``(ii) multiple aggravated felonies arising
out of a single scheme of criminal misconduct
for which the alien was sentenced to serve, in
the aggregate, a term of imprisonment of 2
years or less; or
``(iii) 2 aggravated felonies arising out
of separate schemes of criminal misconduct for
which the alien was sentenced to serve, in the
aggregate, a term of imprisonment of 2 years or
less, but for neither of which the alien was
actually incarcerated;
``(F) was not, in the commission of the aggravated
felony or felonies described in subparagraph (E)--
``(i) an organizer, leader, manager, or
supervisor of others; or
``(ii) engaged in a continuing criminal
enterprise (as defined in section 408(c) of the
Controlled Substances Act (21 U.S.C. 848(c)));
``(G) has never been incarcerated for any offense
except--
``(i) the offense described in clause (i)
of subparagraph (E), or another offense that
was committed in the course of the same scheme
of criminal misconduct; or
``(ii) an offense that was committed in the
course of the scheme or schemes described in
clause (ii) or (iii) of such subparagraph; and
``(H) has not been the subject of a timely
certification described in paragraph (7) with respect
to the aggravated felony or felonies described in
subparagraph (E), unless such certification has been
revoked pursuant to such paragraph.
``(4) Permanent residents admitted before age 10.--The
Secretary of Homeland Security may cancel removal in the case
of an alien who is inadmissible to, 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) resided in the United States continuously for
7 years after having been admitted in any status when
the alien was under 10 years of age;
``(C) has never been convicted of--
``(i) an act of murder, rape, or sexual
abuse of a minor; or
``(ii) an attempt or conspiracy to commit
an offense described in clause (i); and
``(D) has never been incarcerated for a third (or
succeeding) aggravated felony, except that multiple
felonies arising out of a single scheme of criminal
misconduct shall be considered a single felony for
purposes of this subparagraph.
``(5) Permanent residents admitted before age 16.--The
Secretary of Homeland Security may cancel removal in the case
of an alien who is inadmissible to, 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) resided in the United States continuously for
7 years--
``(i) before the alien committed any
aggravated felony; and
``(ii) after having been admitted in any
status when the alien was under 16 years of
age;
``(C) has never been convicted of--
``(i) an act of murder, rape, or sexual
abuse of a minor; or
``(ii) an attempt or conspiracy to commit
an offense described in clause (i); and
``(D) has never been incarcerated for a third (or
succeeding) aggravated felony, except that multiple
felonies arising out of a single scheme of criminal
misconduct shall be considered a single felony for
purposes of this subparagraph.
``(6) Residence requirements for certain aliens.--In the
case of an alien seeking relief under paragraph (2) or (3), the
residence requirements described in this paragraph are as
follows:
``(A) If the alien has been convicted of any
aggravated felony committed after the date of the
enactment of the Family Reunification Act of 2005, the
alien is required to have resided in the United
States--
``(i) continuously for 7 years after having
been admitted in any status and prior to the
commission of such aggravated felony; or
``(ii) continuously for 10 years after
having been admitted in any status, except
that, if the alien is incarcerated with respect
to such aggravated felony, the period beginning
on the date on which such aggravated felony was
committed and ending on the last day of such
term of incarceration shall be excluded in
determining continuous residence under this
clause.
``(B) If the alien has not been convicted of an
aggravated felony committed after the date of the
enactment of the Family Reunification Act of 2005, but
has otherwise been incarcerated for any aggravated
felony, the alien is required to have resided in the
United States--
``(i) continuously for 7 years after having
been admitted in any status and prior to the
commencement of such term of incarceration; or
``(ii) continuously for 10 years after
having been admitted in any status, except that
any term of incarceration for any aggravated
felony shall be excluded in determining
continuous residence under this clause.
``(C) If the alien is not described in subparagraph
(A) or (B), the alien is required to have resided in
the United States continuously for 7 years after having
been admitted in any status.
``(7) Certifications.--
``(A) In general.--In the case of an alien seeking
relief under paragraph (2) or (3), not later than 2
weeks after the alien files an application for such
relief, the Secretary of Homeland Security may notify
each agency that prosecuted an aggravated felony
referred to in paragraph (2)(D) or (3)(E), as the case
may be.
``(B) Contents.--The notification shall inform the
agency that it has an opportunity--
``(i) to certify to the Secretary of
Homeland Security, not later than 60 days after
the date on which the notification is mailed,
that the alien has not truthfully provided to
the agency all information and evidence the
alien has concerning such felony or felonies,
and any other offense or offenses that were
part of the same scheme of criminal misconduct
as such felony or felonies; and
``(ii) on those grounds, to object to
cancellation of removal.
``(C) Provision to alien.--The Secretary of
Homeland Security shall mail any certification timely
made pursuant to subparagraph (B) with respect to an
alien to such alien. The alien shall have an
opportunity, during the 21-day period beginning on the
date on which the certification is mailed, to
truthfully provide to the agency all information and
evidence which the agency certifies has not been
provided.
``(D) Revocation of certification.--
``(i) In general.--The agency may, during
the 21-day period beginning after the end of
the period described in subparagraph (C),
revoke any certification made pursuant to
subparagraph (B). Any revocation of a
certification shall void such certification.
``(ii) Untimely revocations.--A revocation
under this subparagraph that is not timely made
may be considered by the Secretary of Homeland
Security in the Secretary of Homeland
Security's discretion if it is made prior to
the issuance of a final order of removal, but
the absence of a timely revocation shall not be
the basis for any continuance or delay of
proceedings. Any determination to deny relief
based in whole or in part on a revocation that
is not made, or not timely made, shall not be
subject to administrative or judicial review in
any forum.
``(E) Forms requirement.--The Secretary of Homeland
Security shall ensure that the consequences under this
paragraph of failing to provide information or evidence
with respect to aggravated felonies are clearly
explained in any form promulgated by the Secretary of
Homeland Security that may be used to apply for relief
under paragraph (2) or (3).
``(F) Construction.--This paragraph, and paragraphs
(2) and (3), shall not be construed to require the
Secretary of Homeland Security to notify any agency
under subparagraph (A). If the Secretary of Homeland
Security fails to send, or fails timely to send, the
notification described in such subparagraph, the alien
shall be deemed not to be the subject of a
certification.
``(8) Clarification with respect to certain references.--
Any reference in this subsection to a term of imprisonment or a
sentence with respect to an offense is deemed to include the
period of incarceration or confinement ordered by a court of
law, regardless of any suspension of the imposition or
execution of that imprisonment or sentence in whole or in part.
However, a period of probation is not a term of imprisonment or
a sentence for purposes of this subsection.
``(9) Limitation on delegation.--Cancellation of removal
under paragraph (2), (3), (4), or (5) may be granted only by
the Secretary of Homeland Security or Deputy Secretary of
Homeland Security. No delegation of such authority to any other
official may be made.''.
SEC. 3. CHANGE IN CONDITIONS FOR TERMINATION OF PERIOD OF CONTINUOUS
RESIDENCE OR CONTINUOUS PHYSICAL PRESENCE.
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.--For purposes of
this section, any period of continuous residence or continuous
physical presence in the United States shall be deemed to end,
except in the case of an alien who applies for cancellation of
removal under subsection (b)(2), when the alien is served a
notice to appear under section 239(a).''.
SEC. 4. PERMITTING CERTAIN PERMANENT RESIDENT ALIENS TO RETURN WITHOUT
SEEKING ADMISSION.
Section 101(a)(13)(C) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(13)(C)) is amended--
(1) by striking the comma at the end of each of clauses
(i), (ii), (iii), and (iv) and inserting a semicolon at the end
of each such clause;
(2) by amending clause (v) to read as follows:
``(v) has committed outside the United States an offense
identified in section 212(a)(2), unless, since such offense,
the alien has been granted relief under section 212(h) or
240A(a), or under section 212(c) (before its repeal by section
304(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (110 Stat. 3009-597));'';
(3) by redesignating clause (vi) as clause (vii); and
(4) by inserting after clause (v) the following:
``(vi) has committed in the United States an offense
identified in section 212(a)(2), and has been absent from the
United States for a continuous period in excess of 30 days
since committing such offense (or, if the absence after the
30th day was beyond the alien's control, for a continuous
period in excess of 60 days), unless, since such offense, the
alien has been granted relief under section 212(h) or 240A(a),
or under section 212(c) (before its repeal by section 304(b) of
the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (110 Stat. 3009-597)); or''.
SEC. 5. RELEASE OF NONDANGEROUS ALIENS.
(a) In General.--Section 236(c)(2) of the Immigration and
Nationality Act (8 U.S.C. 1226(c)(2)) is amended to read as follows:
``(2) Release.--
``(A) In general.--The Secretary of Homeland
Security may release an alien described in paragraph
(1) only in accordance with subparagraph (B) or (C). A
decision relating to release under this paragraph shall
take place in accordance with a procedure that
considers the severity of any offense committed by the
alien.
``(B) Protection for witnesses, potential
witnesses, and persons cooperating with criminal
investigations.--The Secretary of Homeland Security may
release an alien described in paragraph (1) if--
``(i) the Secretary of Homeland Security
decides pursuant to section 3521 of title 18,
United States Code, that release of the alien
from custody is necessary to provide protection
to a witness, a potential witness, a person
cooperating with an investigation into major
criminal activity, or an immediate family
member or close associate of a witness,
potential witness, or person cooperating with
such an investigation; and
``(ii) the alien satisfies the Secretary of
Homeland Security that the alien will not pose
a danger to the national security of the United
States or the safety of persons or property and
is likely to appear for any scheduled
proceeding.
``(C) Permanent resident aliens eligible for
cancellation of removal.--The Secretary of Homeland
Security may release an alien described in paragraph
(1) if the alien demonstrates, by a preponderance of
the evidence, that the alien--
``(i) has prima facie evidence sufficient
to establish that the alien is eligible for
cancellation of removal under section 240A(a);
and
``(ii) will not pose a danger to the
national security of the United States or the
safety of persons or property and is likely to
appear for any scheduled proceeding.''.
(b) Application to Aliens Detained on Effective Date.--In the case
of an alien detained under section 241(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1231(a)(2)) on the date of the enactment of
this Act, if the alien has prima facie evidence sufficient to establish
that the alien is eligible for cancellation of removal under section
240A(a) of such Act (8 U.S.C. 1229b(a)), as amended by section 2 of
this Act (and subject to the other amendments made by this Act), the
alien may seek release from detention under section 236(c)(2)(C) of
such Act (8 U.S.C. 1226(c)(2)(C)), as added by this section.
SEC. 6. CLARIFICATION OF EFFECT OF VACATION OF CONVICTION.
Section 101(a)(48) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(48)) is amended by adding at the end the following:
``(C) Any conviction entered by a court that otherwise would be
considered a conviction under this paragraph shall continue to be so
considered notwithstanding a vacation of that conviction, unless the
conviction is vacated--
``(i) on the merits; or
``(ii) on grounds relating to a violation of a statutory or
constitutional right in the underlying criminal proceeding.''.
SEC. 7. EFFECTIVE DATE; SPECIAL APPLICABILITY RULE.
(a) In General.--The amendments made by this Act shall take effect
on the date of the enactment of this Act and shall apply to aliens
who--
(1) are in removal proceedings under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) on or after such date;
(2) were in such proceedings before such date, were
ineligible for cancellation of removal under section 240A(a) of
such Act (8 U.S.C. 1229b(a)) before such date, but would have
been eligible for cancellation of removal under such section if
the amendments made by this Act had been in effect during the
entire pendency of such proceedings; or
(3) were in exclusion or deportation proceedings under such
Act before such date, and were ineligible for relief under
section 212(c) of such Act (as in effect on March 31, 1997,
before its repeal by section 304(b) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (110 Stat.
3009-597)) by reason of the amendments made by section 440(d)
of the Antiterrorism and Effective Death Penalty Act of 1996
(Public Law 104-132; 110 Stat. 1277).
(b) Special Applicability Rule.--
(1) In general.--Notwithstanding any other provision of
law, aliens described in subsection (a)(3) shall be considered
to be, or to have been, in removal proceedings under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) to the
extent necessary to permit them to apply, and be considered
eligible, for cancellation of removal under section 240A(a) of
such Act (8 U.S.C. 1229b(a)), as amended by this Act.
(2) Relief.--If the Secretary of Homeland Security
determines that an alien described in subsection (a)(3) should
be provided relief pursuant to this Act, the Secretary of
Homeland Security shall take such steps as may be necessary to
terminate any proceedings to exclude or deport the alien that
may be pending, and shall grant or restore to the alien the
status of an alien lawfully admitted to the United States for
permanent residence.
SEC. 8. MOTIONS TO REOPEN.
(a) In General.--Not later than 1 year after the effective date of
the final regulations issued under section 9(b) of this Act, and in
accordance with such regulations, an alien described in subsection (b)
may file a motion to reopen removal, deportation, or exclusion
proceedings in order to apply for cancellation of removal under section
240A(a) of the Immigration and Nationality Act (8 U.S.C. 1229b(a))
pursuant to the amendments made by this Act.
(b) Aliens Described.--An alien is described in this subsection if
the alien--
(1) is described in subsection (a) of section 7; and
(2) is otherwise unable to apply, or reapply, for
cancellation of removal under section 240A(a) of the
Immigration and Nationality Act (8 U.S.C. 1229b(a)) by reason
of the procedural posture of the exclusion, deportation, or
removal proceedings that are, or were, pending against the
alien (including the fact that such proceedings are finally
concluded).
(c) Evidence.--A motion filed under subsection (a) shall describe
or set forth prima facie evidence sufficient to establish that the
alien is eligible for cancellation of removal under section 240A(a) of
the Immigration and Nationality Act (8 U.S.C. 1229b(a)), as amended by
this Act.
(d) No Reentry or Readmission to File or Prosecute Motion.--No
alien may be admitted or otherwise authorized to enter the United
States solely to file or prosecute a motion to reopen under this
section or otherwise to apply for relief under this Act or the
amendments made by this Act, except as the Secretary of Homeland
Security may provide pursuant to the sole and unreviewable discretion
of the Secretary of Homeland Security. Hearings held pursuant to this
Act and the amendments made by this Act may be held in the United
States or abroad, with the alien appearing in person or by video phone
or similar device.
(e) Discretion.--The grant or denial of any motion to reopen filed
under this section shall be in the sole and unreviewable discretion of
the Secretary of Homeland Security.
(f) No Judicial Review.--No court shall have jurisdiction to review
any decision of the Secretary of Homeland Security denying a motion to
reopen under this section.
SEC. 9. RULES.
(a) Issuance of Advance Notice of Proposed Rulemaking.--The
Secretary of Homeland Security shall issue an advance notice of
proposed rulemaking pertaining to this Act, and the amendments made by
this Act, not later than 60 days after the date of the enactment of
this Act.
(b) Issuance of Final Regulations.--The Secretary of Homeland
Security shall issue the final regulations to carry out this Act not
later than 90 days after the date of the enactment of this Act,
specifying an effective date that is not more than 15 days after the
date of publication of such final regulations.
SEC. 10. SUNSET.
This Act, and the amendments made by this Act, shall cease to have
effect on December 31, 2008, or 3 years after the date on which final
regulations to carry out this Act are issued, whichever occurs later.
SEC. 11. ANNUAL REPORT.
The Secretary of Homeland Security annually shall submit to the
Committee on the Judiciary of the United States House of
Representatives and the Committee on the Judiciary of the Senate a
report with respect to this Act and the amendments made by this Act.
The report shall contain information on--
(1) the number of aliens who applied for cancellation of
removal, release from detention, or any other immigration
benefit, based on this Act or the amendments made by this Act;
(2) the crimes committed by the aliens described in
paragraph (1);
(3) the number of applications described in paragraph (1)
that were granted; and
(4) any other subject the Secretary of Homeland Security
considers relevant.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration, Border Security, and Claims.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line