To amend the Immigration and Nationality Act to ensure that veterans of the United States Armed Forces are eligible for discretionary relief from detention, deportation, exclusion, and removal, and for other purposes.

January 7, 2003

Mr. SERRANO introduced the following bill; which was referred to the Committee on the Judiciary

To amend the Immigration and Nationality Act to ensure that veterans of the United States Armed Forces are eligible for discretionary relief from detention, deportation, exclusion, and removal, 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 `Fairness to Immigrant Veterans Act of 2003'.

SEC. 2. ELIGIBILITY OF VETERANS FOR RELEASE FROM DETENTION.

(a) IN GENERAL- Section 236(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(2)) is amended by inserting after `such an investigation,' the following: `or if the alien is (A) a veteran (as defined in section 101 of title 38, United States Code) with a discharge characterized as an honorable discharge and who was not discharged on account of alienage, or (B) on active duty (other than active duty for training) in the Armed Forces of the United States,'.

(b) EFFECTIVE DATE- This section shall be effective as if included in the enactment of section 303(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208).

SEC. 3. ELIGIBILITY OF VETERANS FOR DISCRETIONARY RELIEF.

(a) ELIGIBILITY FOR CANCELLATION OF REMOVAL- Section 240A(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1229b(a)(3)) is amended to read as follows:

`(3)(A) has not been convicted of any aggravated felony; or

`(B) is--

`(i) a veteran (as defined in section 101 of title 38, United States Code) with a discharge characterized as an honorable discharge and who was not discharged on account of alienage; or

`(ii) on active duty (other than active duty for training) in the Armed Forces of the United States.'.

(b) ELIGIBILITY UNDER TRANSITIONAL RULES- Section 309(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (as contained in division C of Public Law 104-208; 8 U.S.C. 1101 note) is amended by adding at the end the following:

`(8) TRANSITIONAL RULE FOR VETERANS- In any case described in paragraph (1), an alien who is (i) a veteran (as defined in section 101 of title 38, United States Code) with a discharge characterized as an honorable discharge and who was not discharged on account of alienage, or (ii) on active duty (other than active duty for training) in the Armed Forces of the United States, shall not be subject to the provisions of the last sentence of section 212(c) of the Immigration and Nationality Act (8 U.S.C. 1182(c)).'.

(c) EFFECTIVE DATE-

(1) The amendment made by subsection (a) shall be effective as if included in the enactment of section 304(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (as contained in division C of Public Law 104-208).

(2) The amendment made by subsection (b) shall be effective as if included in the enactment of section 309(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (as contained in division C of Public Law 104-208).

SEC. 4. ELIGIBILITY OF VETERANS FOR JUDICIAL REVIEW.

(a) ELIGIBILITY- Section 242(a)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(C)) is amended by inserting before the period at the end the following: `, unless the alien is (i) a veteran (as defined in section 101 of title 38, United States Code) with a discharge characterized as an honorable discharge and who was not discharged on account of alienage, or (ii) on active duty (other than active duty for training) in the Armed Forces of the United States'.

(b) ELIGIBILITY UNDER TRANSITION RULES- Section 309(c)(4)(G) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is amended by inserting before the period at the end the following: `, unless the alien is (i) a veteran (as defined in section 101 of title 38, United States Code) with a discharge characterized as an honorable discharge and who was not discharged on account of alienage, or (ii) on active duty (other than active duty for training) in the Armed Forces of the United States'.

(c) EFFECTIVE DATE-

(1) The amendment made by subsection (a) shall be effective as if included in the enactment of section 306(a)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (as contained in division C of Public Law 104-208).

(2) The amendment made by subsection (b) shall be effective as if included in the enactment of section 309(c)(4)(G) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (as contained in division C of Public Law 104-208).

END