(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Immigration Relief for Hurricane Katrina Victims Act of 2005 - (Sec. 2) Authorizes the Secretary of Homeland Security to provide special immigration status to: (1) an alien beneficiary of an immigration petition, nonimmigrant fiance or fiancee K-visa, or labor certification application filed on or before August 29, 2005 (Hurricane Katrina) if the petitioner, applicant, or beneficiary died, was disabled, or lost employment due to the damage or destruction of his or her workplace; (2) an alien who as of such date was the spouse or child of such alien and was accompanying or following to join such alien by August 29, 2007; and (3) an alien who is the grandparent of a child whose parents died as a consequence of Hurricane Katrina, if at least one of the parents on August 29, 2005, was a U.S. citizen, national, or legal permanent resident.(Sec. 3) Extends nonimmigrant status until the later of the original termination of status date or one year after death or disability for an alien lawfully in the United States on August 29, 2005, who: (1) was disabled as a consequence of Hurricane Katrina; or (2) on such date was the spouse or child of such alien, or the spouse or child of an alien who died as a consequence of Hurricane Katrina. Authorizes temporary employment.
Extends for 180 days the time for filing an extension or change of nonimmigrant status application for an alien lawfully in the United States on August 29, 2005, whose failure to timely file was caused by Hurricane Katrina-related injury, office closures, mail delays, or other appropriate delays.
Provides that an alien who was lawfully present in the United States as a nonimmigrant on August 29, 2005, who was prevented from timely departing the United States due to Hurricane Katrina-related injury, office closures, airline delays, or other appropriate delays or closures shall not be considered as unlawfully present in the United States during the period beginning on August 30, 2005, and ending on the alien's departure date, if such departure occurs by December 31, 2005.
Provides that: (1) a FY2005 diversity immigrant visa may be used from October 1, 2005-April 1, 2006, if an alien was prevented from using such visa in FY2005 due to Hurricane Katrina-related office closures, mail or airline delays, or other appropriate delays or closures; and (2) the spouse and child of a FY2005 diversity immigrant who died as a consequence of Hurricane Katrina shall until June 30, 2006, if not otherwise entitled to immigrant status, be entitled to the same status and order of consideration as would have applied if the principal alien were not deceased, and if the spouse's or child's visa had been adjudicated by September 30, 2005.
Extends the expiration date of an immigrant visa that expires before February 26, 2006, until February 26, 2006, (unless a longer period of validity is otherwise provided under this Act) for an alien who was unable to enter the United States due to Hurricane Katrina-related destruction, damage, or legal prohibition on inhabiting the alien's intended residence, office closures, airline delays, or other appropriate delays or closures.
Extends for 90 days parole authority that expires on or after August 26, 2005, for an alien parolee who was unable to return to the United States due to Hurricane Katrina-related office closures, airline delays, or other appropriate delays or closures.
Extends for 60 days voluntary departure for an alien whose departure period expired during the period beginning on August 26, 2005-October 26, 2005, and who was unable to depart as a consequence of Hurricane Katrina.
(Sec. 4) Considers the alien spouse and child of a US citizen who died as a consequence of Hurricane Katrina as an immediate relative if the alien (including the parent or guardian in the case of a child) files a petition within two years of the citizen's death. Terminates such status upon an alien spouse's remarriage. Considers such status as unconditional (rather than conditional) permanent resident status.
Provides that the spouse, child, or unmarried son or daughter: (1) who was included in a family-sponsored petition filed before August 29, 2005, by a lawful permanent resident alien who died as a consequence of Hurricane Katrina shall have the family-sponsored immigrant petition date as originally filed by the deceased without having to file a new petition; and (2) of such an alien who was not included in such a petition but was present in the United States on August 29, 2005, may self-petition for such status. Authorizes temporary employment. Considers such status as unconditional (rather than conditional) permanent resident status.
Provides that an alien who, as of August 29, 2005, was the spouse or child of a refugee, asylee, or employment-based immigrant who died as a consequence of Hurricane Katrina shall have his or her respective refugee, asylee, or status adjustment claim determined as if the death had not occurred. Waives public charge inadmissibility grounds.
(Sec. 5) Authorizes the Secretary to administer the oath of naturalization in any federal court without regard to residence requirements for an alien who resided in a Hurricane Katrina-affected immigration district on August 29, 2005.
(Sec. 6) Maintains foreign student and exchange program status for an alien who was lawfully in such status on August 29, 2005, but failed to meet a condition of such status as a result of Hurricane Katrina, if the person is reenrolled in a qualifying program by February 1, 2006.
(Sec. 7) Extends specified change of address notice deadlines to December 1, 2005, and February 28, 2006, respectively, for an alien who resided in a Hurricane Katrina-affected immigration district on August 29, 2005.
(Sec. 8) Authorizes the Secretary to provide temporary administrative relief to an alien who: (1) was lawfully present in the United States on August 29, 2005; (2) was the spouse, parent, or child of an individual who died or was disabled as a consequence of Hurricane Katrina; and (3) is not otherwise entitled to relief under this Act.
(Sec. 9) Amends the Immigration and Nationality Act to authorize the Secretary during a major disaster-declaration period to waive for not more than 90 days employer attestation or verification requirements due to disaster-caused document loss. Applies such provision to hiring, recruitment, or referral of an individual for employment in the United States on or after August 29, 2005.
(Sec. 10) Authorizes the Secretary to replace or provide temporary identity and employment authorization documents lost, stolen, or destroyed as a consequence of Hurricane Katrina. Sets forth document replacement procedures.
Authorizes waiver of immigration status or employment eligibility database fees with respect to such aliens for requesting employers, state or local agencies, the American National Red Cross, and certain tax exempt organizations.
(Sec. 11) Authorizes the Secretary to grant an age-dependent immigration benefit if the failure to meet such age requirement was caused by Hurricane Katrina.
(Sec. 12) Directs the Secretary to establish standards for demonstrating that any of the following occurred as a consequence Hurricane Katrina: (1) death; (2) disability; or (3) loss of employment due to business damage or destruction.
(Sec. 13) States that the Secretary is not required to promulgate regulations prior to implementing this Act.
(Sec. 14) Defines "specified hurricane disaster" as any major disaster resulting from Hurricane Katrina declared by the President under the Robert T. Stafford Disaster and Emergency Assistance Act.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3827 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3827
To preserve certain immigration benefits for victims of Hurricane
Katrina, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 20, 2005
Mr. Sensenbrenner (for himself, Mr. Conyers, Ms. Jackson-Lee of Texas,
and Mr. Hostettler) introduced the following bill; which was referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To preserve certain immigration benefits for victims of Hurricane
Katrina, 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 ``Immigration Relief for Hurricane
Katrina Victims Act of 2005''.
SEC. 2. SPECIAL IMMIGRANT STATUS.
(a) In General.--For purposes of the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.), the Secretary of Homeland Security may
provide an alien described in subsection (b) with the status of a
special immigrant under section 101(a)(27) of such Act (8 U.S.C.
1101(a(27)), if the alien--
(1) files with the Secretary of Homeland Security a
petition under section 204 of such Act (8 U.S.C. 1154) for
classification under section 203(b)(4) of such Act (8 U.S.C.
1153(b)(4)); and
(2) 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 section 212(a)(4) of
such Act (8 U.S.C. 1182(a)(4)) shall not apply.
(b) Aliens Described.--
(1) Principal aliens.--An alien is described in this
subsection if--
(A) the alien was the beneficiary of--
(i) a petition that was filed with the
Secretary of Homeland Security on or before
August 29, 2005--
(I) under section 204 of the
Immigration and Nationality Act (8
U.S.C. 1154) to classify the alien as a
family-sponsored immigrant under
section 203(a) of such Act (8 U.S.C.
1153(a)) or as an employment-based
immigrant under section 203(b) of such
Act (8 U.S.C. 1153(b)); or
(II) under section 214(d) (8 U.S.C.
1184(d)) of such Act to authorize the
issuance of a nonimmigrant visa to the
alien under section 101(a)(15)(K) of
such Act (8 U.S.C. 1101(a)(15)(K)); or
(ii) an application for labor certification
under section 212(a)(5)(A) of such Act (8
U.S.C. 1182(a)(5)(A)) that was filed under
regulations of the Secretary of Labor on or
before such date; and
(B) such petition or application was revoked or
terminated (or otherwise rendered null), either before
or after its approval, due to a specified hurricane
disaster that had as a consequence--
(i) the death or disability of the
petitioner, applicant, or alien beneficiary; or
(ii) loss of employment due to physical
damage to, or destruction of, the business of
the petitioner or applicant.
(2) Spouses and children.--
(A) In general.--An alien is described in this
subsection if--
(i) the alien was, on August 29, 2005, the
spouse or child of a principal alien described
in paragraph (1); and
(ii) the alien--
(I) is accompanying such principal
alien; or
(II) is following to join such
principal alien not later than August
29, 2007.
(B) Construction.--For purposes of construing the
terms ``accompanying'' and ``following to join'' in
subparagraph (A)(ii), any death of a principal alien
that is described in paragraph (1)(B)(i) shall be
disregarded.
(3) Grandparents of orphans.--An alien is described in this
subsection if the alien is a grandparent of a child, both of
whose parents died as a consequence of a specified hurricane
disaster, if either of such deceased parents was, on August 29,
2005 a citizen or national of the United States or an alien
lawfully admitted for permanent residence in the United States.
(c) Priority Date.--Immigrant visas made available under this
section shall be issued to aliens in the order in which a petition on
behalf of each such alien is filed with the Secretary of Homeland
Security under subsection (a)(1), except that if an alien was assigned
a priority date with respect to a petition described in subsection
(b)(1)(A)(i), the alien may maintain that priority date.
(d) Numerical Limitations.--For purposes of the application of
sections 201 through 203 of the Immigration and Nationality Act (8
U.S.C. 1151-1153) in any fiscal year, aliens eligible to be provided
status under this section shall be treated as special immigrants
described in section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who
are not described in subparagraph (A), (B), (C), or (K) of such
section.
SEC. 3. EXTENSION OF FILING OR REENTRY DEADLINES.
(a) Automatic Extension of Nonimmigrant Status.--
(1) In general.--Notwithstanding section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184), in the case of
an alien described in paragraph (2) who was lawfully present in
the United States as a nonimmigrant on August 29, 2005, the
alien may remain lawfully in the United States in the same
nonimmigrant status until the later of--
(A) the date such lawful nonimmigrant status
otherwise would have terminated if this subsection had
not been enacted; or
(B) 1 year after the death or onset of disability
described in paragraph (2).
(2) Aliens described.--
(A) Principal aliens.--An alien is described in
this paragraph if the alien was disabled as a
consequence of a specified hurricane disaster.
(B) Spouses and children.--An alien is described in
this paragraph if the alien was, on August 29, 2005,
the spouse or child of--
(i) a principal alien described in
subparagraph (A); or
(ii) an alien who died as a consequence of
a specified hurricane disaster.
(3) Authorized employment.--During the period in which a
principal alien or alien spouse is in lawful nonimmigrant
status under paragraph (1), the alien shall be provided an
``employment authorized'' endorsement or other appropriate
document signifying authorization of employment not later than
30 days after the alien requests such authorization.
(b) New Deadlines for Extension or Change of Nonimmigrant Status.--
(1) Filing delays.--In the case of an alien who was
lawfully present in the United States as a nonimmigrant on
August 29, 2005, if the alien was prevented from filing a
timely application for an extension or change of nonimmigrant
status due to a circumstance described in paragraph (3)(A) that
is a consequence of a specified hurricane disaster, the alien's
application shall be considered timely filed if it is filed not
later than 180 days after it otherwise would have been due.
(2) Departure delays.--In the case of an alien who was
lawfully present in the United States as a nonimmigrant on
August 29, 2005, if the alien was prevented from timely
departing the United States due to a circumstance described in
paragraph (3)(B) that is a consequence of a specified hurricane
disaster, the alien shall not be considered to have been
unlawfully present in the United States during the period
beginning on August 30, 2005, and ending on the date of the
alien's departure, if such departure occurs on or before
December 31, 2005.
(3) Circumstances preventing timely action.--
(A) Filing delays.--For purposes of paragraph (1),
circumstances preventing an alien from filing a timely
application are--
(i) injury;
(ii) office closures;
(iii) mail or courier service cessations or
delays; and
(iv) other closures, cessations, or delays
affecting case processing or travel necessary
to satisfy legal requirements.
(B) Departure delays.--For purposes of paragraph
(2), circumstances preventing an alien from timely
departing the United States are--
(i) injury;
(ii) office closures;
(iii) airline flight cessations or delays;
and
(iv) other closures, cessations, or delays
affecting case processing or travel necessary
to satisfy legal requirements.
(c) Diversity Immigrants.--
(1) Waiver of fiscal year limitation.--Notwithstanding
section 203(e)(2) of the Immigration and Nationality Act (8
U.S.C. 1153(e)(2)), an immigrant visa number issued to an alien
under section 203(c) of such Act for fiscal year 2005 may be
used by the alien during the period beginning on October 1,
2005, and ending on April 1, 2006, if the alien establishes
that the alien was prevented from using it during fiscal year
2005 due to a circumstance described in paragraph (4) that is a
consequence of a specified hurricane disaster.
(2) Worldwide level.--In the case of an alien entering the
United States as a lawful permanent resident, or adjusting to
that status, under paragraph (1) or (3), the alien shall be
counted as a diversity immigrant for fiscal year 2005 for
purposes of section 201(e) of the Immigration and Nationality
Act (8 U.S.C. 1151(e)), unless the worldwide level under such
section for such year has been exceeded, in which case the
alien shall be counted as a diversity immigrant for fiscal year
2006.
(3) Treatment of family members of certain aliens.--In the
case of a principal alien issued an immigrant visa number under
section 203(c) of the Immigration and Nationality Act (8 U.S.C.
1153(c)) for fiscal year 2005, if such principal alien died as
a consequence of a specified hurricane disaster, the aliens who
were, on August 29, 2005, the spouse and children of such
principal alien shall, until June 30, 2006, if not otherwise
entitled to an immigrant status and the immediate issuance of a
visa under subsection (a), (b), or (c) of section 203 of such
Act, be entitled to the same status, and the same order of
consideration, that would have been provided to such alien
spouse or child under section 203(d) of such Act as if the
principal alien were not deceased and as if the spouse or
child's visa application had been adjudicated by September 30,
2005.
(4) Circumstances preventing timely action.--For purposes
of paragraph (1), circumstances preventing an alien from using
an immigrant visa number during fiscal year 2005 are--
(A) office closures;
(B) mail or courier service cessations or delays;
(C) airline flight cessations or delays; and
(D) other closures, cessations, or delays affecting
case processing or travel necessary to satisfy legal
requirements.
(d) Extension of Expiration of Immigrant Visas.--
(1) In general.--Notwithstanding the limitations under
section 221(c) of the Immigration and Nationality Act (8 U.S.C.
1201(c)), in the case of any immigrant visa issued to an alien
that expires or expired before February 26, 2006 if the alien
was unable to effect entry into the United States due to a
circumstance described in paragraph (2) that is a consequence
of a specified hurricane disaster, then the period of validity
of the visa is extended until February 26, 2006, unless a
longer period of validity is otherwise provided under this Act.
(2) Circumstances preventing entry.--For purposes of
paragraph (1), circumstances preventing an alien from effecting
entry into the United States are--
(A) destruction of, or damage rendering
uninhabitable, the intended residence of the alien;
(B) a legal prohibition on inhabiting or accessing
the intended residence of the alien;
(C) office closures;
(D) airline flight cessations or delays; and
(E) other closures, cessations, or delays affecting
case processing or travel necessary to satisfy legal
requirements.
(e) Grants of Parole Extended.--
(1) In general.--In the case of any parole granted by the
Secretary of Homeland Security under section 212(d)(5) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) that
expires on a date on or after August 26, 2005, if the alien
beneficiary of the parole was unable to return to the United
States prior to the expiration date due to a circumstance
described in paragraph (2) that is a consequence of a specified
hurricane disaster, the parole is deemed extended for an
additional 90 days.
(2) Circumstances preventing return.--For purposes of
paragraph (1), circumstances preventing an alien from timely
returning to the United States are--
(A) office closures;
(B) airline flight cessations or delays; and
(C) other closures, cessations, or delays affecting
case processing or travel necessary to satisfy legal
requirements.
(f) Voluntary Departure.--Notwithstanding section 240B of the
Immigration and Nationality Act (8 U.S.C. 1229c), if a period for
voluntary departure of an alien under such section expired during the
period beginning on August 26, 2005, and ending on October 26, 2005,
and the alien was unable voluntarily to depart as a consequence of a
specified hurricane disaster, such voluntary departure period is deemed
extended for an additional 60 days.
SEC. 4. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES AND CHILDREN.
(a) Treatment as Immediate Relatives.--
(1) Spouses.--Notwithstanding the second sentence of
section 201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who was
the spouse of a citizen of the United States at the time of the
citizen's death and was not legally separated from the citizen
at the time of the citizen's death, if the citizen died as a
consequence of a specified hurricane disaster, the alien (and
each child of the alien) shall be considered, for purposes of
section 201(b) of such Act, to be an immediate relative after
the date of the citizen's death, but only if the alien files a
petition under section 204(a)(1)(A)(ii) of such Act within 2
years after such date and only until the date the alien
remarries. For purposes of such section 204(a)(1)(A)(ii), an
alien granted relief under the preceding sentence shall be
considered an alien spouse described in the second sentence of
section 201(b)(2)(A)(i) of such Act.
(2) Children.--
(A) In general.--In the case of an alien who was
the child of a citizen of the United States at the time
of the citizen's death, if the citizen died as a
consequence of a specified hurricane disaster, the
alien shall be considered, for purposes of section
201(b) of the Immigration and Nationality Act (8 U.S.C.
1151(b)), to remain an immediate relative after the
date of the citizen's death (regardless of changes in
age or marital status thereafter), but only if the
alien (or a parent or guardian of the alien) files a
petition under subparagraph (B) within 2 years after
such date.
(B) Petitions.--An alien (or parent or guardian)
described in subparagraph (A) may file a petition with
the Secretary of Homeland Security for classification
of the alien under section 201(b)(2)(A)(i) of the
Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i)). For purposes of such Act, such a
petition shall be considered a petition filed under
section 204(a)(1)(A) of such Act (8 U.S.C.
1154(a)(1)(A)).
(3) Unconditional status.--An alien who obtains the status
of an alien lawfully admitted for permanent residence pursuant
to this subsection shall not be considered to have obtained
such status on a conditional basis, and shall not be subject to
section 216 of the Immigration and Nationality Act (8 U.S.C.
1186a).
(b) Spouses, Children, Unmarried Sons and Daughters of Lawful
Permanent Resident Aliens.--
(1) In general.--Any spouse, child, or unmarried son or
daughter of an alien described in paragraph (3) who is included
in a petition for classification as a family-sponsored
immigrant under section 203(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1153(a)(2)) that was filed by such
alien before August 29, 2005, shall be considered (if the
spouse, child, son, or daughter has not been admitted or
approved for lawful permanent residence by such date) a valid
petitioner for preference status under such section with the
same priority date as that assigned prior to the death
described in paragraph (3)(A). No new petition shall be
required to be filed. Such spouse, child, son, or daughter may
be eligible for deferred action and work authorization.
(2) Self-petitions.--Any spouse, child, or unmarried son or
daughter of an alien described in paragraph (3) who is not a
beneficiary of a petition for classification as a family-
sponsored immigrant under section 203(a)(2) of the Immigration
and Nationality Act may file a petition for such classification
with the Secretary of Homeland Security, if the spouse, child,
son, or daughter was present in the United States on August 29,
2005. Such spouse, child, son, or daughter may be eligible for
deferred action and work authorization.
(3) Aliens described.--An alien is described in this
paragraph if the alien--
(A) died as a consequence of a specified hurricane
disaster; and
(B) on the day of such death, was lawfully admitted
for permanent residence in the United States.
(4) Unconditional status.--An alien who obtains the status
of an alien lawfully admitted for permanent residence pursuant
to this subsection shall not be considered to have obtained
such status on a conditional basis, and shall not be subject to
section 216 of the Immigration and Nationality Act (8 U.S.C.
1186a).
(c) Applications for Adjustment of Status by Surviving Spouses and
Children of Employment-Based Immigrants.--
(1) In general.--Any alien who was, on August 29, 2005, the
spouse or child of an alien described in paragraph (2), and who
applied for adjustment of status prior to the death described
in paragraph (2)(A), may have such application adjudicated as
if such death had not occurred.
(2) Aliens described.--An alien is described in this
paragraph if the alien--
(A) died as a consequence of a specified hurricane
disaster; and
(B) on the day before such death, was--
(i) an alien lawfully admitted for
permanent residence in the United States by
reason of having been allotted a visa under
section 203(b) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)); or
(ii) an applicant for adjustment of status
to that of an alien described in clause (i),
and admissible to the United States for
permanent residence.
(d) Applications for Asylum or Admission as Refugee by Surviving
Spouses and Children of Asylees and Refugees.--
(1) Asylum.--
(A) In general.--Any alien who was, on August 29,
2005, the spouse or child of an individual described in
subparagraph (B), may have the alien's eligibility to
be granted asylum determined under section 208(b)(3) of
the Immigration and Nationality Act (8 U.S.C.
1158(b)(3)) as if such individual had not died.
(B) Principals described.--An individual is
described in this subparagraph if the individual--
(i) died as a consequence of a specified
hurricane disaster; and
(ii) before such death, was granted asylum
under section 208 of such Act (8 U.S.C. 1158).
(2) Admission as a refugee.--
(A) In general.--Any alien who was, on August 29,
2005, the spouse or child of an individual described in
subparagraph (B), may have the alien's eligibility to
be admitted to the United States as a refugee
determined under section 207(c)(2) of the Immigration
and Nationality Act (8 U.S.C. 1157(c)(2)) as if such
individual had not died.
(B) Principals described.--An individual is
described in this subparagraph if the individual--
(i) died as a consequence of a specified
hurricane disaster; and
(ii) before such death, was admitted to the
United States as a refugee under section 207 of
such Act (8 U.S.C. 1157).
(e) Waiver of Public Charge Grounds.--In determining the
admissibility of any alien accorded an immigration benefit under this
section, the grounds for inadmissibility specified in section 212(a)(4)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) shall not
apply.
SEC. 5. NATURALIZATION.
(a) In General.--With respect to an applicant for naturalization
who resided, on August 29, 2005, within a portion of a district of U.S.
Citizenship and Immigration Services that was declared by the President
to be affected by a specified hurricane disaster, the Secretary of
Homeland Security may administer the provisions of title III of the
Immigration and Nationality Act (8 U.S.C. 1401 et seq.) without regard
to any provision of such title otherwise requiring residence to be
maintained, or any other action to be taken, in any specific State or
district of U.S. Citizenship and Immigration Services.
(b) Court Authority to Administer Oaths.--Notwithstanding section
310(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1421(b)(1)),
with respect to an applicant for naturalization described in subsection
(a), an eligible court (as defined in section 310(b)(5) of such Act (8
U.S.C. 1421(b)(5))) may administer the oath of allegiance under section
337(a) of such Act (8 U.S.C. 1448(a)) to the applicant regardless of
whether the applicant is permanently residing within the jurisdiction
of the court.
SEC. 6. FOREIGN STUDENTS AND EXCHANGE PROGRAM PARTICIPANTS.
(a) In General.--In the case of an nonimmigrant alien described in
subsection (b), the alien's nonimmigrant status shall be considered to
have been maintained during the period beginning on August 29, 2005,
and ending on February 1, 2006, if, on February 1, 2006, the alien is
enrolled in a course of study, or participating in a designated
exchange visitor program, sufficient to satisfy the terms and
conditions of the alien's nonimmigrant status on August 29, 2005.
(b) Aliens Described.--An alien is described in this subsection if
the alien--
(1) was, on August 29, 2005, lawfully present in the United
States in the status of a nonimmigrant described in
subparagraph (F), (J), or (M) of section 101(a)(15) of the
Immigration and Nationality Act (8 U.S. C. 1101(a)(15)); and
(2) fails to satisfy a term or condition of such status as
a consequence of a specified hurricane disaster.
SEC. 7. NOTICES OF CHANGE OF ADDRESS.
(a) In General.--In the case of any notice of change of address
otherwise required to be submitted to the Secretary of Homeland
Security by an alien described in subsection (b)--
(1) if the notice relates to a change of address occurring
during the period beginning on August 29, 2005, and ending on
November 15, 2005, the alien shall have until December 1, 2005,
to submit such notice; and
(2) if the notice relates to a change of address occurring
during the period beginning on November 16, 2005, and ending on
February 16, 2006, the alien shall have until February 28,
2006, to submit such notice.
(b) Aliens Described.--An alien is described in this subsection if
the alien--
(1) resided, on August 29, 2005, within a district of U.S.
Citizenship and Immigration Services that was declared by the
President to be affected by a specified hurricane disaster; and
(2) is required, under section 265 of the Immigration and
Nationality Act (8 U.S.C. 1305) or any other provision of law,
to notify the Secretary of Homeland Security in writing of a
change of address.
SEC. 8. TEMPORARY ADMINISTRATIVE RELIEF.
The Secretary of Homeland Security, for humanitarian purposes or to
ensure family unity, may provide temporary administrative relief to any
alien who--
(1) was lawfully present in the United States on August 29,
2005;
(2) was on such date the spouse, parent, or child of an
individual who died or was disabled as a consequence of a
specified hurricane disaster; and
(3) is not otherwise entitled to relief under any other
provision of this Act.
SEC. 9. EMPLOYMENT VERIFICATION DURING EFFECTIVENESS OF MAJOR DISASTER
DECLARATION.
(a) In General.--Section 274A(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1324a(b)(1)) is amended--
(1) in subparagraph (A), by striking ``The person'' and
inserting ``Subject to subparagraph (F), the person''; and
(2) by adding at the end the following:
``(F) Special rule during major disaster
declaration.--In a case in which the President has
declared a major disaster under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.), the Secretary of Homeland Security may
provide, in the Secretary's sole and unreviewable
discretion and only during the period in which such
declaration is in effect, that a person or other entity
hiring, recruiting, or referring an individual for
employment in the United States is not required to make
the attestation or conduct the verification required
under subparagraph (A) until, at the latest, 90 days
after the hiring, recruitment, or referral, if the
individual hired, recruited or referred attests under
penalty of perjury at the time of being hired,
recruited, or referred that the individual does not
possess the documents necessary to satisfy clause (i)
or (ii) of subparagraph (A) as a result of such
disaster.''.
(b) Conforming Amendment.--Section 274A(b)(2) of the Immigration
and Nationality Act (8 U.S.C. 1324a(b)(2)) is amended by adding at the
end the following:
``Paragraph (1)(F) shall not be construed to affect the
obligation under the preceding sentence.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to
hiring, recruitment, or referral of an individual for employment in the
United States occurring on or after August 29, 2005.
SEC. 10. REPLACEMENT OF DOCUMENTS EVIDENCING IDENTITY AND EMPLOYMENT
AUTHORIZATION FOR VICTIMS OF HURRICANE KATRINA.
(a) Immediate Assistance.--
(1) Document replacement.--The Secretary of Homeland
Security is authorized to provide immediate assistance in
States in which persons displaced by a specified hurricane
disaster are residing for the purpose of replacing for such
persons documents that were--
(A) previously issued by the Secretary and
described in subparagraph (B), (C), or (D) of section
274A(b)(1) of the Immigration and Nationality Act (8
U.S.C. 1324a(b)(1)); and
(B) lost, stolen, or destroyed due to such
disaster.
(2) Substitute.--Where replacement of a document described
in paragraph (1) is not feasible, the Secretary of Homeland
Security may provide to a displaced person described in such
paragraph a temporary substitute document.
(b) Procedures for Document Replacement.--The Secretary of Homeland
Security shall ensure that, when the Secretary replaces (or provides a
temporary substitute for) a document relating to an alien and described
in subparagraph (B), (C), or (D) of section 274A(b)(1) of the
Immigration and Nationality Act (8 U.S.C. 1324a(b)(1)) that was lost,
stolen, or destroyed due to a specified hurricane disaster, the
Secretary--
(1) authenticates information using biometric identifiers
contained in records of the Department of Homeland Security;
and
(2) annotates the records in U.S. Citizenship and
Immigration Services information systems in such a way as to
indicate that the replacement or substitute document was issued
in the absence of an original due to such disaster.
(c) Waiver of Fees for Database Access.--
(1) U.S. citizenship and immigration services.--The
Director of U.S. Citizenship and Immigration Services is
authorized to waive fees and costs associated with a request,
made by a person or agency described in paragraph (2), for use
of the Verification Information System database associated with
the Systematic Alien Verification for Entitlements Program in
order to verify immigration status or employment eligibility
with respect to a displaced person described in subsection
(a)(1).
(2) Requesting persons.--The persons described in this
paragraph are as follows:
(A) Employers.
(B) State or local government agencies.
(C) The American National Red Cross.
(D) Organizations described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of such Code whose mission is to
assist displaced persons described in subsection
(a)(1).
SEC. 11. AGE-OUT PROTECTIONS.
In administering Federal immigration laws, the Secretary of
Homeland Security may grant any application or benefit notwithstanding
the applicant or beneficiary (including a derivative beneficiary of a
principal applicant or beneficiary) reaching an age that would render
the applicant or beneficiary ineligible for the relief or benefit
sought, if the failure to meet the age requirement is a consequence of
a specified hurricane disaster.
SEC. 12. EVIDENCE OF DEATH, DISABILITY, OR LOSS OF EMPLOYMENT.
(a) In General.--The Secretary of Homeland Security shall establish
appropriate standards for evidence demonstrating, for purposes of this
Act, that any of the following occurred as a consequence of a specified
hurricane disaster.
(1) Death.
(2) Disability.
(3) Loss of employment due to physical damage to, or
destruction of, a business.
(b) Death Certificates.--The standards established under subsection
(a) shall authorize the Secretary to make a determination of death in
the absence of a death certificate, where appropriate.
(c) Affidavit of Surviving Spouse.--For purposes of a benefit under
section 2, or subsection (b) or (c) of section 4, that is conditioned
on the beneficiary having been the spouse of an individual who died as
a consequence of a specified hurricane disaster, the standards
established under subsection (a) shall authorize the Secretary to make
a determination of death based on the sworn affidavit of such surviving
spouse, in the absence of evidence to the contrary.
SEC. 13. WAIVER OF REGULATIONS.
The Secretary of Homeland Security shall carry out this Act as
expeditiously as possible. The Secretary of Homeland Security is not
required to promulgate regulations prior to implementing this Act.
SEC. 14. DEFINITIONS.
(a) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions
used in the Immigration and Nationality Act (excluding the definitions
applicable exclusively to title III of such Act) shall apply in the
administration of this Act.
(b) Specified Hurricane Disaster.--For purposes of this Act, the
term ``specified hurricane disaster'' means any major disaster
resulting from Hurricane Katrina declared by the President under the
Robert T. Stafford Disaster and Emergency Assistance Act (42 U.S.C.
5121 et seq.).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Mr. Sensenbrenner moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H8172-8176)
DEBATE - The House proceeded with forty minutes of debate on H.R. 3827.
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H8172-8175)
On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H8172-8175)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read twice and referred to the Committee on the Judiciary.
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