September 11 Family Humanitarian Relief and Patriotism Act - Provides permanent resident status adjustment for a requesting alien who was on September 10, 2001, the wife, child, or dependent son or daughter of a lawful nonimmigrant alien who died as a result of the September 11, 2001, terrorist attacks against the United States.
Authorizes an alien who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States to apply for such status adjustment.
Provides for cancellation of removal and permanent resident status adjustment for a requesting alien who was: (1) on September 10, 2001, the wife, child, or dependent son or daughter of an alien who died as a result of the September 11, 2001, terrorist attacks against the United States; and (2) deemed to be a beneficiary of the September 11th Victim Compensation Fund of 2001.
Makes the provisions of this Act inapplicable to an alien who is: (1) inadmissible or deportable under criminal or security grounds, including September 11, 2001, terrorist activity; or (2) a family member of such an alien.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1620 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1620
To provide the nonimmigrant spouses and children of nonimmigrant aliens
who perished in the September 11, 2001, terrorist attacks an
opportunity to adjust their status to that of an alien lawfully
admitted for permanent residence, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 7, 2005
Mr. Reid (for Mr. Corzine) (for himself, Mr. Reid, Mrs. Clinton, Mr.
Brownback, Mr. Dodd, Mr. Kennedy, Mr. Lautenberg, Mr. Lieberman, and
Mr. Feingold) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide the nonimmigrant spouses and children of nonimmigrant aliens
who perished in the September 11, 2001, terrorist attacks an
opportunity to adjust their status to that of an alien lawfully
admitted for permanent residence, 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 ``September 11 Family Humanitarian
Relief and Patriotism Act''.
SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NONIMMIGRANT VICTIMS OF
TERRORISM.
(a) Adjustment of Status.--
(1) In general.--The status of any alien described in
subsection (b) shall be adjusted by the Secretary of Homeland
Security to that of an alien lawfully admitted for permanent
residence, if the alien--
(A) applies for such adjustment not later than 2
years after the date on which the Secretary promulgates
final regulations to implement this section; and
(B) is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for inadmissibility specified
in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of
section 212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)) shall not apply.
(2) Rules in applying certain provisions.--
(A) In general.--In the case of an alien described
in subsection (b) who is applying for adjustment of
status under this section--
(i) the provisions of section 241(a)(5) of
the Immigration and Nationality Act (8 U.S.C.
1231(a)(5)) shall not apply; and
(ii) the Secretary of Homeland Security may
grant the alien a waiver on the grounds of
inadmissibility under subparagraphs (A) and (C)
of section 212(a)(9) of such Act (8 U.S.C.
1182(a)(9)).
(B) Standards.--In granting waivers under
subparagraph (A)(ii), the Secretary shall use standards
used in granting consent under subparagraphs (A)(iii)
and (C)(ii) of such section 212(a)(9).
(3) Relationship of application to certain orders.--
(A) Application permitted.--An alien present in the
United States who has been ordered excluded, deported,
removed, or ordered to depart voluntarily from the
United States under any provision of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) may,
notwithstanding such order, apply for adjustment of
status under paragraph (1).
(B) Motion not required.--An alien described in
subparagraph (A) may not be required, as a condition of
submitting or granting such application, to file a
separate motion to reopen, reconsider, or vacate such
order.
(C) Effect of decision.--If the Secretary of
Homeland Security grants a request under subparagraph
(A), the Secretary shall cancel the order. If the
Secretary renders a final administrative decision to
deny the request, the order shall be effective and
enforceable to the same extent as if the application
had not been made.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided by subsection (a) shall apply to any alien who--
(1) was lawfully present in the United States as a
nonimmigrant alien described in section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on
September 10, 2001;
(2) was, on such date, the spouse, child, dependent son, or
dependent daughter of an alien who--
(A) was lawfully present in the United States as a
nonimmigrant alien described in section 101(a)(15) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) on such date; and
(B) died as a direct result of a specified
terrorist activity; and
(3) was deemed to be a beneficiary of, and by, the
September 11th Victim Compensation Fund of 2001 (49 U.S.C.
40101 note).
(c) Stay of Removal; Work Authorization.--
(1) In general.--The Secretary of Homeland Security shall
establish, by regulation, a process by which an alien subject
to a final order of removal may seek a stay of such order based
on the filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act (8 U.S.C. 1101
et seq.), the Secretary of Homeland Security shall not order
any alien to be removed from the United States, if the alien is
in removal proceedings under any provision of such Act and has
applied for adjustment of status under subsection (a), except
where the Secretary has rendered a final administrative
determination to deny the application.
(3) Work authorization.--The Secretary of Homeland Security
shall authorize an alien who has applied for adjustment of
status under subsection (a) to engage in employment in the
United States during the pendency of such application.
(d) Availability of Administrative Review.--The Secretary of
Homeland Security shall provide to applicants for adjustment of status
under subsection (a) the same right to, and procedures for,
administrative review as are provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act (8 U.S.C. 1255); or
(2) aliens subject to removal proceedings under section 240
of such Act (8 U.S.C. 1229a).
SEC. 3. CANCELLATION OF REMOVAL FOR CERTAIN IMMIGRANT VICTIMS OF
TERRORISM.
(a) In General.--Subject to the provisions of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), other than subsections (b)(1),
(d)(1), and (e) of section 240A of such Act (8 U.S.C. 1229b), the
Secretary of Homeland Security shall, under such section 240A, cancel
the removal of, and adjust to the status of an alien lawfully admitted
for permanent residence, an alien described in subsection (b), if the
alien applies for such relief.
(b) Aliens Eligible for Cancellation of Removal.--The benefits
provided by subsection (a) shall apply to any alien who--
(1) was, on September 10, 2001, the spouse, child,
dependent son, or dependent daughter of an alien who died as a
direct result of a specified terrorist activity; and
(2) was deemed to be a beneficiary of, and by, the
September 11th Victim Compensation Fund of 2001 (49 U.S.C.
40101 note).
(c) Stay of Removal; Work Authorization.--
(1) In general.--The Secretary of Homeland Security shall
provide by regulation for an alien subject to a final order of
removal to seek a stay of such order based on the filing of an
application under subsection (a).
(2) Work authorization.--The Secretary of Homeland Security
shall authorize an alien who has applied for cancellation of
removal under subsection (a) to engage in employment in the
United States during the pendency of such application.
(d) Motions to Reopen Removal Proceedings.--
(1) In general.--Notwithstanding any limitation imposed by
law on motions to reopen removal proceedings (except
limitations premised on an alien's conviction of an aggravated
felony (as defined in section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43))), any alien who has
become eligible for cancellation of removal as a result of the
enactment of this section may file 1 motion to reopen removal
proceedings to apply for such relief.
(2) Filing period.--The Secretary of Homeland Security
shall designate a specific time period in which all such
motions to reopen are required to be filed. The period shall
begin not later than 60 days after the date of enactment of
this Act and shall extend for a period not to exceed 240 days.
SEC. 4. EXCEPTIONS.
Notwithstanding any other provision of this Act, an alien may not
be provided relief under this Act if the alien is--
(1) inadmissible under paragraph (2) or (3) of section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)), or deportable under paragraph (2) or (4) of section
237(a) of such Act (8 U.S.C. 1227(a)), including any individual
culpable for a specified terrorist activity; or
(2) a family member of an alien described in paragraph (1).
SEC. 5. EVIDENCE OF DEATH.
For purposes of this Act, the Secretary of Homeland Security shall
use the standards established under section 426 of the Uniting and
Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (115
Stat. 362) in determining whether death occurred as a direct result of
a specified terrorist activity.
SEC. 6. 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 (8 U.S.C. 1101 et seq.),
other than the definitions applicable exclusively to title III of such
Act, shall apply in the administration of this Act.
(b) Specified Terrorist Activity.--For purposes of this Act, the
term ``specified terrorist activity'' means any terrorist activity
conducted against the Government or the people of the United States on
September 11, 2001.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S9734)
Read twice and referred to the Committee on the Judiciary.
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