To amend the Immigration and Nationality Act to restore fairness to immigration law, and for other purposes.

January 7, 2003

Mr. CONYERS (for himself, Ms. JACKSON-LEE of Texas, Mr. FRANK of Massachusetts, Mr. RODRIGUEZ, Ms. ROS-LEHTINEN, Mr. ABERCROMBIE, Mr. DELAHUNT, Mr. FATTAH, Mr. BERMAN, Mr. GUTIERREZ, Mr. MCDERMOTT, Mr. PAYNE, Mr. REYES, Ms. LEE, Mr. NADLER, Mr. SERRANO, Mr. KLECZKA, Ms. ROYBAL-ALLARD, Mr. FILNER, Ms. SCHAKOWSKY, Mr. HONDA, Mrs. JONES of Ohio, and Ms. WOOLSEY) introduced the following bill; which was referred to the Committee on the Judiciary

To amend the Immigration and Nationality Act to restore fairness to immigration law, 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; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `Restoration of Fairness in Immigration Act of 2003'.

(b) AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT- Except as otherwise specifically provided in this Act, whenever in this Act an amendment or repeal is expressed as the amendment or repeal of a section or other provision, the reference shall be considered to be made to that section or provision in the Immigration and Nationality Act.

(c) TABLE OF CONTENTS- The table of contents of this Act is as follows:

Sec. 1. Short title; amendments to Immigration and Nationality Act; table of contents.

TITLE I--DUE PROCESS IN IMMIGRATION PROCEEDINGS

Subtitle A--Due Process in Expedited Removal Proceedings

Sec. 101. Due process in admissibility and asylum cases.

Sec. 102. Using immigration judges in expedited removal proceedings.

Sec. 103. Equitable determination of `credible fear of persecution' in cases involving unique fact patterns.

Subtitle B--Judicial Review in Immigration Proceedings

Sec. 111. Judicial review of administrative remedies and habeas corpus.

Sec. 112. Judicial review of asylum determinations.

Sec. 113. Judicial review of decisions concerning apprehension and detention of aliens.

Sec. 114. Judicial review of decisions concerning waivers.

Sec. 115. Judicial review of orders issued in absentia.

Sec. 116. Judicial review of denial of request for order of voluntary departure.

Sec. 117. Transitional changes in judicial review.

Subtitle C--Fairness in Removal Proceedings

Sec. 121. Equitable burden of proof for admissibility.

Sec. 122. Presumption in favor of withdrawal of application for admission.

Sec. 123. Absences outside the control of the alien.

Sec. 124. Reinstatement of removal orders against aliens illegally reentering.

Sec. 125. Removal hearings open to the public.

Sec. 126. Deadline for placement in removal proceedings.

Subtitle D--Fairness in Detention

Sec. 131. Restoring discretionary authority to the Attorney General in cases of individuals who pose no risk to safety or of fleeing.

Sec. 132. Periodic review of detention determination.

Sec. 133. Limitation on indefinite detention.

Sec. 134. Pilot program to consider alternatives to detention.

Sec. 135. Elimination of mandatory detention in expedited removal proceedings.

Sec. 136. Right to counsel.

Sec. 137. Automatic stays of release orders.

Sec. 138. Report on detention of aliens.

Sec. 139. Clarification of intent of transitional provision on references to removal orders.

Subtitle E--Consular Review of Visa Applications

Sec. 141. Establishment of a Board of Visa Appeals.

Sec. 142. Nondiscrimination provisions.

TITLE II--FAIRNESS AND EQUITY IN CASES INVOLVING PREVIOUS AND MINOR MISCONDUCT

Subtitle A--Increased Fairness and Equity Concerning Removal Proceedings

Sec. 201. Equitable definition of `crime involving moral turpitude'.

Sec. 202. Equitable application and definition of `aggravated felony'.

Sec. 203. Equitable definitions of `conviction' and `term of imprisonment'.

Sec. 204. Equitable definition of `crimes of moral turpitude'.

Sec. 205. Restoration of fairness in equitable relief for long-time legal permanent residents.

Sec. 206. Restoration of fairness in equitable relief for other noncitizens.

Sec. 207. Eliminating unfair retroactive changes in removal rules for persons subject to pending proceedings.

Sec. 208. Eliminating unfair retroactive changes in removal rules for persons previously removed.

Subtitle B--Increased Fairness and Equity Concerning 5-Year Bars to Admission and Other Grounds for Exclusion

Sec. 211. Limiting 5-year bar to admission to persons who willfully fail to attend removal proceedings.

Sec. 212. Limiting 5-year bar to admission to persons who willfully violate student visa conditions.

Sec. 213. Limiting ban on admissibility to persons who willfully make false claims for citizenship.

Sec. 214. Equitable waiver of inadmissibility for minor criminal offenses.

Sec. 215. Eliminating the 3 and 10 year bars to inadmissibility.

TITLE III--ENCOURAGING FAMILY REUNIFICATION

Subtitle A--Reuniting Family Members

Sec. 301. Visa for spouses and children of permanent residents temporarily waiting for visa numbers.

Sec. 302. Refugee status for unmarried sons and daughters of refugees.

Sec. 303. Asylee status for unmarried sons and daughters of asylees.

Subtitle B--Limited Waiver of Grounds of Admissibility

Sec. 311. Discretionary waiver in cases involving family members.

Sec. 312. Discretionary waiver in document cases involving family members.

Sec. 313. Discretionary waiver to admit persons in unusual circumstances.

Subtitle C--Eliminating Unfairness and Waste in Section 245(i) Waivers

Sec. 321. Permanent application of section 245(i).

Subtitle D--Equitable Procedures Concerning Voluntary Departure

Sec. 331. Discretionary determination of period of voluntary departure.

Sec. 332. Discretionary determination of voluntary departure bond based on individual circumstances.

Sec. 333. Elimination of automatic penalties for failing to depart in accordance with a voluntary departure grant.

Subtitle E--Fairness in Determination of Public Charge

Sec. 341. Equitable procedures concerning public charge and affidavit of support.

TITLE IV--FAIRNESS IN ASYLUM AND REFUGEE PROCEEDINGS

Subtitle A--Increased Fairness in Asylum Proceedings

Sec. 401. Elimination of arbitrary time limits on asylum applications.

Sec. 402. Gender-based persecution.

Sec. 403. Presumption of asylum in cases of past persecution.

Sec. 404. Rebuttable presumption of asylum where persecution occurs with respect to a particular location in a country.

Sec. 405. Elimination of arbitrary cap on persons eligible to adjust status from asylees to legal permanent residents.

Sec. 406. Restoration of eligibility for withholding of removal for persons facing loss of life or freedom.

Subtitle B--Increased Fairness and Rationality in Refugee Consultations

Sec. 411. Timely consultation with respect to refugee admissions.

TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Limiting forfeiture for certain assets used to violate INA where there was no commercial gain.

Sec. 502. Elimination of ban on State and local governments from preventing communications with the INS.

Sec. 503. Elimination of authority to permit State personnel to carry out immigration officer functions.

Sec. 504. Parole authority.

Sec. 505. Enhanced border patrol recruitment and retention.

Sec. 506. Elimination of denial of immigration benefits for erroneous asylum application.

Sec. 507. Authorization of appropriations for implementation of Act.

TITLE VI--EFFECTIVE DATES

Sec. 601. General effective date.

Sec. 602. Other effective dates.

TITLE I--DUE PROCESS IN IMMIGRATION PROCEEDINGS

Subtitle A--Due Process in Expedited Removal Proceedings

SEC. 101. DUE PROCESS IN ADMISSIBILITY AND ASYLUM CASES.

At the end of section 235 (8 U.S.C. 1225), add the following:

`(e) LIMITATION ON USE OF EXPEDITED PROCEDURE-

`(1) EXPEDITED REMOVAL LIMITED TO EXTRAORDINARY MIGRATION SITUATIONS- Notwithstanding subsection (b)(1), unless the Attorney General determines that the numbers or circumstances of aliens en route to or arriving in the United States present an extraordinary migration situation, the Attorney General may not apply the provisions of such subsection to any such alien.

`(2) EXTRAORDINARY MIGRATION SITUATION- As used in this subsection, the term `extraordinary migration situation' means the arrival or imminent arrival at a border of the United States of aliens who by their numbers or circumstances substantially exceed the capacity for the inspection and examination of such aliens.

`(3) DISCRETION- Subject to paragraph (4), the determination whether there exists an extraordinary migration situation within the meaning of paragraphs (1) and (2) is committed to the sole and exclusive discretion of the Attorney General.

`(4) PERIOD- The provisions of this subsection may be invoked under paragraph (1) for a period not to exceed 90 days, unless within such 90-day period or any extension thereof, the Attorney General determines, after consultation with the Committees on the Judiciary of the United States House of Representatives and the Senate, that an extraordinary migration situation continues to warrant such procedures remaining in effect for additional 90-day periods.'.

SEC. 102. USING IMMIGRATION JUDGES IN EXPEDITED REMOVAL PROCEEDINGS.

Section 235(b)(1)(A) (8 U.S.C. 1225(b)(1)(A)) is amended--

(1) in clause (i)--

(A) by striking `is inadmissible' and inserting `may be inadmissible';

(B) by striking `(iii)' and inserting `(iv)'; and

(C) by striking `shall order' and all that follows through the period at the end and inserting `shall refer the alien to an immigration judge for a hearing.';

(2) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively;

(3) by inserting after clause (i) the following:

`(ii) IMMIGRATION JUDGE HEARING- If an immigration judge determines, based on a hearing, that an alien described in clause (i) is inadmissible under paragraph (6)(C) or (7) of section 212(a), the judge shall order the alien removed from the United States without further hearing or review unless the alien indicates either an intention to apply for asylum under section 208 or a fear of persecution.';

(4) in clause (iii) (as so redesignated)--

(A) by striking `immigration officer' and inserting `immigration judge';

(B) by striking `clause (iii)' and inserting `clause (iv)'; and

(C) by striking `officer shall' and inserting `judge shall'; and

(5) in clause (iv) (as so redesignated), by striking `(i) and (ii)' and inserting `(i), (ii), and (iii)'.

SEC. 103. EQUITABLE DETERMINATION OF `CREDIBLE FEAR OF PERSECUTION' IN CASES INVOLVING UNIQUE FACT PATTERNS.

Section 235(b)(1)(B)(v) (8 U.S.C. 1225(b)(1)(B)(v)) is amended by adding at the end `Nothing in the preceding sentence shall be construed to preclude an alien from satisfying the standard in such sentence based upon a novel factual situation or a new legal argument.'.

Subtitle B--Judicial Review in Immigration Proceedings

SEC. 111. JUDICIAL REVIEW OF ADMINISTRATIVE REMEDIES AND HABEAS CORPUS.

Section 242 (8 U.S.C. 1252) is amended to read as follows:

`JUDICIAL REVIEW OF ORDERS OF REMOVAL

`SEC. 242. (a) The procedure prescribed by, and all the provisions of chapter 158 of title 28, United States Code, shall apply to, and shall be the sole and exclusive procedure for, the judicial review of all final orders of removal heretofore or hereafter made against aliens within the United States pursuant to administrative proceedings under section 240 or pursuant to section 238 of this Act or comparable provisions of any prior Act, except as follows:

`(1) A petition for review may be filed not later than 90 days after the date of the issuance of the final removal order, or, in the case of an alien convicted of an aggravated felony (including an alien described in section 238) not later than 30 days after the issuance of such order. No alien shall be removed in the 90 day period (or in the 30 day period in the case of aggravated felons) in which the alien may file a petition for review of a final removal order.

`(2) The venue of any petition for review under this section shall be in the judicial circuit in which the administrative proceedings before an immigration judge were conducted in whole or in part, or in the judicial circuit wherein is the residence, as defined in this Act, of the petitioner, but not in more than one circuit.

`(3) The action shall be brought against the Immigration and Naturalization Service, as respondent. Service of the petition to review shall be made upon the Attorney General of the United States and upon the official of the Immigration and Naturalization Service in charge of the Service district in which the office of the clerk of the court is located. The service of the petition for review upon such official

of the Service shall stay the removal of the alien pending determination of the petition by the court, unless the court otherwise directs or unless the alien is convicted of an aggravated felony (including an alien described in section 238), in which case the Service shall not stay the removal of the alien pending determination of the petition of the court unless the court otherwise directs.

`(4) Except as provided in clause (B) of paragraph (5) of this subsection, the petition shall be determined solely upon the administrative record upon which the removal order is based and the Attorney General's findings of fact, if supported by reasonable, substantial, and probative evidence on the record considered as a whole, shall be conclusive.

`(5) Whenever any petitioner, who seeks review of an order under this section, claims to be a national of the United States and makes a showing that his claim is not frivolous, the court shall (A) pass upon the issues presented when it appears from the pleadings and affidavits filed by the parties that no genuine issue of material fact is presented; or (B) where a genuine issue of material fact as to the petitioner's nationality is presented, transfer the proceedings to a United States district court for the district where the petitioner has his residence for hearing de novo of the nationality claim and determination as if such proceedings were originally initiated in the district court under the provisions of section 2201 of title 28, United States Code. Any such petitioner shall not be entitled to have such issue determined under section 360(a) of this Act or otherwise.

`(6) Whenever a petitioner seeks review of an order under this section, any review sought with respect to a motion to reopen or reconsider such an order shall be consolidated with the review of the order.

`(7) If the validity of a removal order has not been judicially determined, its validity may be challenged in a criminal proceeding against the alien for violation of subsection (a) or (b) of section 243 of this Act only by separate motion for judicial review before trial. Such motion shall be determined by the court without a jury and before the trial of the general issue. Whenever a claim to United States nationality is made in such motion, and in the opinion of the court, a genuine issue of material fact as to the alien's nationality is presented, the court shall accord him a hearing de novo on the nationality claim and determine that issue as if proceedings had been initiated under the provisions of section 2201 of title 28, United States Code. Any such alien shall not be entitled to have such issue determined under section 360(a) of this Act or otherwise. If no such hearing de novo as to nationality is conducted, the determination shall be made solely upon the administrative record upon which the removal order is based and the Attorney General's findings of fact, if supported by reasonable, substantial, and probative evidence on the record considered as a whole, shall be conclusive. If the removal order is held invalid, the court shall dismiss the indictment and the United States shall have the right to appeal to the court of appeals within 30 days. The procedure on such appeals shall be as provided in the Federal rules of criminal procedure. No petition for review under this section may be filed by any alien during the pendency of a criminal proceeding against such alien for violation of subsection (a) or (b) of section 243 of this Act.

`(8) Nothing in this section shall be construed to require the Attorney General to defer removal of an alien after the issuance of a removal order because of the right of judicial review of the order granted by this section, or to relieve any alien from compliance with subsections (a) and (b) of section 243 of this Act. No alien shall be removed in the 90-day period (or in the 30-day period in the case of aggravated felons) in which the alien may file a petition for review of a final removal order.

`(9) Nothing contained in this section shall be construed to preclude the Attorney General from detaining or continuing to detain an alien or from taking the alien into custody pursuant to section 241 of this Act at any time after the issuance of a removal order.

`(10) it shall not be necessary to print the record or any part thereof, or the briefs, and the court shall review the proceedings on a typewritten record and on typewritten briefs.

`(11) Any alien held in custody pursuant to an order of removal may obtain judicial review thereof by habeas corpus proceedings.

`(b) Notwithstanding the provisions of any other law, any alien against whom a final order of removal has been made heretofore or hereafter under the provisions of section 235 of this Act or comparable provisions of any prior Act may obtain judicial review of such order by habeas corpus proceedings and not otherwise.

`(c) An order of removal shall not be reviewed by any court if the alien has not exhausted the administrative remedies available to the alien as of right under the immigration laws and regulations. Every petition for review or for habeas corpus shall state whether the validity of the order has been upheld in any prior judicial proceeding, and, if so, the nature and date thereof, and the court in which such proceeding took place. No petition for review or for habeas corpus shall be entertained if the validity of the order has been previously determined in any civil or criminal proceeding, unless the petition presents grounds which the court finds could not have been presented in such prior proceeding, or the court finds that the remedy provided by such prior proceeding was inadequate or ineffective to test the validity of the order.

`(d)(1) A petition for review or for habeas corpus on behalf of an alien against whom a final order of removal has been issued pursuant to section 238(b) may challenge only--

`(A) whether the alien is in fact the alien described in the order;

`(B) whether the alien is in fact an alien described in section 238(b)(2)(A) who is not eligible for relief from removal under this Act;

`(C) whether the alien has been convicted of an aggravated felony and such conviction has become final; and

`(D) whether the alien was afforded the procedures required by section 238(b)(4).

`(2) No court shall have jurisdiction to review any issue other than an issue described in paragraph (1).'.

SEC. 112. JUDICIAL REVIEW OF ASYLUM DETERMINATIONS.

(a) AUTHORITY TO APPLY FOR ASYLUM- Section 208(a) (8 U.S.C. 1158(a)) is amended by striking paragraph (3).

(b) CONDITIONS FOR GRANTING ASYLUM- Section 208(b)(2) (8 U.S.C. 1158(b)(2)) is amended by striking subparagraph (D).

SEC. 113. JUDICIAL REVIEW OF DECISIONS CONCERNING APPREHENSION AND DETENTION OF ALIENS.

Section 236 (8 U.S.C. 1226) is amended by striking subsection (e).

SEC. 114. JUDICIAL REVIEW OF DECISIONS CONCERNING WAIVERS.

(a) INADMISSIBLE ALIENS- Section 212 (8 U.S.C. 1182) is amended--

(1) by striking the final sentences of subsections (d)(12) and (h); and

(2) in subsection (i)--

(A) by striking paragraph (2); and

(B) by striking `(i)(1)' and inserting `(i)'.

(b) DEPORTABLE ALIENS- Section 237(a)(3)(C)(ii) (8 U.S.C. 1227(a)(3)(C)(ii)) is amended by striking the final sentence.

SEC. 115. JUDICIAL REVIEW OF ORDERS ISSUED IN ABSENTIA.

Section 240(b)(5) (8 U.S.C. 1229a(b)(5)) is amended by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D).

SEC. 116. JUDICIAL REVIEW OF DENIAL OF REQUEST FOR ORDER OF VOLUNTARY DEPARTURE.

Section 240B (8 U.S.C. 1229c) is amended by striking subsection (f).

SEC. 117. TRANSITIONAL CHANGES IN JUDICIAL REVIEW.

Section 309(c)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is repealed.

Subtitle C--Fairness in Removal Proceedings

SEC. 121. EQUITABLE BURDEN OF PROOF FOR ADMISSIBILITY.

Section 240(c)(2) (8 U.S.C. 1229a(c)(2)) is amended--

(1) in the matter preceding subparagraph (A), by striking `establishing--' and inserting `establishing, by clear and convincing evidence--';

(2) in subparagraph (A), by striking `clearly and beyond doubt'; and

(3) in subparagraph (B), by striking `by clear and convincing evidence,'.

SEC. 122. PRESUMPTION IN FAVOR OF WITHDRAWAL OF APPLICATION FOR ADMISSION.

Section 235(a)(4) (8 U.S.C. 1225(a)(4)) is amended to read as follows:

`(4) WITHDRAWAL OF APPLICATION FOR ADMISSION-

`(A) PRESUMPTION IN FAVOR OF WITHDRAWAL- The Attorney General shall permit an alien applying for admission to withdraw the application and depart immediately from the United States at any time, unless an immigration judge has rendered a decision with respect to the admissibility of the alien, except that the Attorney General may deny permission for the withdrawal when warranted by unusual circumstances.

`(B) PERMISSIVE WITHDRAWAL- Except as provided in subparagraph (A), an alien applying for admission may, in the discretion of the Attorney General and at any time after a decision described in such subparagraph has been rendered, be permitted to withdraw the application and depart immediately from the United States.'.

SEC. 123. ABSENCES OUTSIDE THE CONTROL OF THE ALIEN.

Section 101(a)(13)(C) (8 U.S.C. 1101(a)(13(C)) is amended--

(1) by amending clause (ii) to read as follows:

`(ii) has been absent from the United States for a continuous period in excess of one year unless the alien's return was impeded by emergency or extenuating circumstances outside the control of the alien,';

(2) by inserting `or' at the end of clause (iii);

(3) by striking clauses (iv) and (v); and

(4) by redesignating clause (vi) as clause (iv).

SEC. 124. REINSTATEMENT OF REMOVAL ORDERS AGAINST ALIENS ILLEGALLY REENTERING.

Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is amended is amended to read as follows:

`(5) REINSTATEMENT OF REMOVAL ORDERS AGAINST ALIENS ILLEGALLY REENTERING- If after a hearing before an immigration judge the Attorney General finds that an alien has reentered the United States illegally after having been removed or having departed voluntarily, under an order of removal issued on or after April 1, 1997, the prior order of removal may be deemed to be reinstated from its original date and the alien may be removed under the prior order at any time after the reentry subject to reopening and review of the previous order. Nothing in this section shall preclude an alien from applying for any relief from removal under this Act.'.

SEC. 125. REMOVAL HEARINGS OPEN TO THE PUBLIC.

Section 239 (8 U.S.C. 1229) is amended by adding at the end the following new subsection:

`(e) REMOVAL PROCEEDINGS OPEN TO THE PUBLIC-

`(1) IN GENERAL- Subject to paragraph (2), a removal proceeding held pursuant to section 240 shall be open to the public.

`(2) EXCEPTIONS- A removal proceeding may be closed to the public to preserve the confidentiality of asylum applications, withholding of removal, relief under the Convention Against Torture, battered immigrants, or for protecting witnesses, parties, or other persons from a substantial risk of physical harm. In a case where closing a removal proceeding is appropriate pursuant to this paragraph, the closing of the proceeding shall be limited to the portion that is necessary to achieve a compelling interest and there is no less restrictive alternative.'.

SEC. 126. DEADLINE FOR PLACEMENT IN REMOVAL PROCEEDINGS.

Section 236(a) (8 U.S.C. 1226(a)) is amended by adding after and below paragraph (3) at the end the following:

`Except as provided in section 236A(a)(5), the Attorney General shall place an alien detained under this Act in removal proceedings not later than 48 hours after commencement of such detention.'.

Subtitle D--Fairness in Detention

SEC. 131. RESTORING DISCRETIONARY AUTHORITY TO THE ATTORNEY GENERAL IN CASES OF INDIVIDUALS WHO POSE NO RISK TO SAFETY OR OF FLEEING.

Section 236(c) (8 U.S.C. 1226(c)) is amended--

(1) in paragraph (1), by striking `Attorney General shall' and inserting `Attorney General may'; and

(2) by amending paragraph (2) to read as follows:

`(2) RELEASE- The Attorney General shall release any alien described in paragraph (1) if the alien satisfies the Attorney General that the alien will not pose a danger to the safety of other persons or of property and is likely to appear for any scheduled proceeding. All custody, bond, and parole determinations shall be reviewable by an immigration judge and subject to administrative appeal.'.

SEC. 132. PERIODIC REVIEW OF DETENTION DETERMINATION.

Section 241(a)(6) (8 U.S.C. 1231(a)(6)) is amended--

(1) by inserting `(A)' after the dash;

(2) by inserting `for a reasonable period of time, not to exceed 6 months following the entry of a final order of removal, to allow for ongoing negotiations to effect such removal' after `removal period'; and

(3) by adding at the end the following:

`(B) During the removal period, the Attorney General shall review whether continued detention of the alien is appropriate under subparagraph (A).

`(C) Determinations under this paragraph shall be subject to de novo review by an immigration judge and administrative appeal. In such review, it shall be the Attorney General's burden to prove that continued detention is appropriate under subparagraph (A).

`(D) This paragraph does not apply to aliens detained pursuant to section 236A(a)(1).'.

SEC. 133. LIMITATION ON INDEFINITE DETENTION.

Section 241 (8 U.S.C. 1231) is amended by adding at the end the following:

`(j) Notwithstanding any other provision of this section, including subsection (a)(2), the Attorney General may not detain an alien who requests release and demonstrates to the Attorney General that--

`(1) the alien is not a risk to the community and is likely to comply with the order of removal; and

`(2) removal of the alien cannot be effectuated within the removal period specified in section 241(a)(6)(A).

The determination by the Attorney General shall be subject to de novo review by an immigration judge and administrative appeal.'.

SEC. 134. PILOT PROGRAM TO CONSIDER ALTERNATIVES TO DETENTION.

(a) PILOT PROGRAM ON ALTERNATIVES TO DETENTION IN PENAL SETTING- The Attorney General shall establish a pilot program in 3 district offices of the Immigration and Naturalization Service to determine the viability of supervision, through means other than confinement in a penal setting, of aliens who have no criminal record, or have a criminal record that does not include a felony that constitutes a crime of violence as described in section 16 of title 18, United States Code, but who are subject to detention under the Immigration and Nationality Act at the discretion of the Attorney General.

(b) STUDY AND REPORT ON ALTERNATIVES TO DETENTION IN PENAL SETTING- In carrying out subsection (a), the Attorney General shall conduct a study, and submit a report to the Congress not later than 6 months after the date of the enactment of this Act, on alternatives to detention of aliens who have no criminal record (or have a criminal record that does not include a felony that constitutes a crime of violence as described in section 16 of title 18, United States Code) and are not inadmissible or deportable by reason of having committed a criminal offense in detention facilities used for the incarceration of persons convicted of a criminal offense.

SEC. 135. ELIMINATION OF MANDATORY DETENTION IN EXPEDITED REMOVAL PROCEEDINGS.

Section 235(b)(1)(B)(iii)(IV) (8 U.S.C. 1225(b)(1)(B)(iii)(IV)) is amended to read as follows:

`(IV) DETENTION- Aliens subject to the procedures under this clause shall be detained in accordance with section 236.'.

SEC. 136. RIGHT TO COUNSEL.

Section 292 (8 U.S.C. 1362) is amended by striking the matter after the section designation and inserting the following: `In any bond, custody, detention, or removal proceedings before the Attorney General and in any appeal proceedings before the Attorney General from any such proceedings, the person concerned shall have the privilege of being represented (at no expense to the government) by such counsel, authorized to practice in such proceedings, as he shall choose. With consent of their clients, counsel may enter appearances limited to bond, custody, or other specific proceedings.'.

SEC. 137. AUTOMATIC STAYS OF RELEASE ORDERS.

(a) RELEASE ORDERS OF IMMIGRATION JUDGES AND THE BOARD OF IMMIGRATION APPEALS-

(1) IN GENERAL- --

(A) STAY- In the case of an alien detained by the Service in which a district director of the Service has determined that the alien should not be released or has set a bond for release of the alien, no order of an immigration judge or the Board authorizing release (on bond or otherwise) may be stayed except in accordance with this section.

(B) DEADLINE- In any case where the Board has issued a stay of release pending appeal, a final decision on the appeal from the bond redetermination decision shall be made within 30 days.

(2) STAYS OF IMMIGRATION JUDGE RELEASE ORDERS BY BOARD-

(A) EMERGENCY STAY- An order of an immigration judge redetermining the conditions of custody of an alien may be stayed by order of the Board, for a period not to exceed 30 days from the date of the order authorizing release, if the Service demonstrates to the satisfaction of the Board that--

(i) there is a likelihood of success by the Service on the merits;

(ii) irreparable harm would occur if a stay of the order is not granted;

(iii) the potential harm to the Service outweighs the harm to the alien who is the subject of the order if a stay of the order is not granted; and

(iv) granting a stay of the order would serve the public interest.

(B) AUTOMATIC STAY IN CERTAIN CASES- If an alien is subject to section 236(c)(1), and the Service has denied the alien's request for release or has set a bond of $10,000 or more, any order of an immigration judge authorizing release of an alien (on bond or otherwise) shall, upon the Service's filing of a notice of intent to appeal a custody redetermination with the immigration court within one business day of the day the order is issued, be automatically stayed for a period of 5 days in order to provide the Service with an opportunity to request an emergency stay under subparagraph (A). Any such stay shall lapse upon failure of the Service to file a timely notice of appeal.

(3) BOARD RELEASE ORDERS; STAYS BY ATTORNEY GENERAL-

(A) PERIOD REQUIRED TO FILE STAY- An order of the Board authorizing release of an alien (on bond or otherwise) shall be stayed for a period of 48 hours if the Service files with the Board a notice of intent to seek certification of the case to the Attorney General.

(B) STAY- If, within the 48-hour period described in subparagraph (A), the Attorney General or the Deputy Attorney General personally determines in writing that there are reasonable grounds to believe that the alien is involved in terrorist activity or is a threat to national security, an order described in subparagraph (A) may be stayed for an additional period 10 days from the date of the order of the Board authorizing release.

(C) DECISION BY ATTORNEY GENERAL- Before the expiration of the 10-day period described in subparagraph (B), the Attorney General or the Deputy Attorney General shall personally determine whether to certify the alien under section 236A of the Immigration and Naturalization Act. If the alien is not so certified, the stay shall expire and the order of the Board authorizing release shall go into effect.

(b) DEFINITIONS- In this section:

(1) BOARD- The term `Board' means the Board of Immigration Appeals or successor body charged with reviewing the decisions of an immigration judge.

(2) IMMIGRATION JUDGE- The term `immigration judge' means an immigration judge or other hearing officer charged with reviewing initial custody, bond and release decisions.

(3) SERVICE- The term `Service' means the Immigration and Naturalization Service or successor body charged with making initial custody, bond or release decisions.

SEC. 138. REPORT ON DETENTION OF ALIENS.

(a) AMENDMENT TO HRIFA- Section 904 of the Haitian Refugee Immigration Fairness Act of 1998 (enacted as part of Public Law 105-277) is amended--

(1) in subsection (a)(3), by inserting `or contract facilities with private sector entities,' after `local facilities';

(2) in subsections (d) and (e), by striking `and (c)' and inserting `(c), (d), and (e)' and by redesignating such subsections as subsections (f) and (g), respectively; and

(3) inserting after subsection (c) the following new subsections:

`(d) INDEFINITE DETAINEES- With respect to non-removable aliens who have been detained for 90 days or more after having been served with a final order of removal, the Attorney General shall also collect data and report to Congress, at least once every three months, concerning the following:

`(1) The number of such detainees per country of origin.

`(2) The location of each such detainee by detention facility.

`(3) The number of such detainees who have been detained for the same length of time, in 3-month increments.

`(4) The number and percentage of such detainees who have had annual custody reviews.

`(5) The number and percentage of such detainees who have come forward for a review of their detention pursuant to the Service's custody review procedures.

`(6) The number and percentage of such detainees who have legal representation to assist them in custody determinations, cross referenced with the number who have come forward for a review of their detention pursuant to the Service's custody review procedures.

`(7) The percentage of such detainees who did not receive a custody review initially because they did not make the requisite efforts to comply with their removal orders.

`(e) PERSONS DETAINED ON OR AFTER SEPTEMBER 11, 2001- With respect to persons who have been detained on or after September 11, 2001, by the Department of Justice in connection with its initiatives on terrorism, whether or not certified as suspected terrorists under section 236A(a)(3), and whether or not charged with any criminal offense or ground of removal relating to terrorism, the Attorney General shall collect data and report to Congress, at least once every three months, concerning the following:

`(1) The number of such persons who have been detained and the number who remain in detention, by country of origin and ethnic background.

`(2) For each person detained--

`(A) the charges against such person;

`(B) the disposition or current status of such charges; and

`(C) the length of time after such person was taken into custody before immigration or criminal charges were filed.

`(3) For each person held as a material witness, the orders of a court permitting such detention which have not been sealed and any orders permitting the sealing of such orders.

`(4) For each alien detained--

`(A) whether such alien was advised of the alien's right to be represented by an attorney, at the alien's own expense, whether such alien obtained representation, and the efforts of the Department to facilitate such representation; and

`(B) whether such alien was advised of the alien's right to consular assistance and the practical steps taken to permit such person to obtain such assistance.

`(5) For each alien who was charged with a ground of removal and ordered removed, whether such alien has been removed.

`(6) For each alien who was charged with a ground of removal and who has not been removed--

`(A) whether such alien continues to be detained and whether such alien has been given a hearing before an immigration judge to determine risk of flight or dangerousness and the outcome of such hearing and any appeals therefrom; and

`(B) whether such alien is contesting deportability or inadmissibility or applying for any relief from removal and, if such alien is not doing so, the reason for the alien's continued detention.

`(7) For each alien who has been removed--

`(A) whether the United States government urged the nation to which the alien was removed to detain that alien;

`(B) the United States government's purpose in urging such detention;

`(C) whether the Department of State has determined that the foreign government detaining such alien uses torture or other coercive methods of interrogation; and

`(D) whether the United States government intends to obtain any information from such foreign government that is the result of interrogation of that alien.'.

(b) SENSE OF CONGRESS- The following is the sense of Congress:

(1) The failure of the Attorney General to meet the reporting requirements of sections 903(b) and 904(d) of the Haitian Refugee Immigration Fairness Act of 1998 (enacted as part of Public Law 105-277), as in effect prior to the date of the enactment of this Act, has severely impacted the ability of Congress to exercise its plenary power over immigration and meet its constitutional responsibility to conduct oversight over the detention practices of the Immigration and Naturalization Service.

(2) Congress is deeply troubled by the repeated failure of the Attorney General, without explanation, to meet these and other reporting requirements mandated by law.

(3) Congress expects that the Attorney General will produce the reports mandated by sections 903(b) and 904(d) of such Act (as in effect prior to the date of the enactment of this Act) without delay.

(4) Congress further expects that the Attorney General will produce the reports mandated by sections 904(d) and 904(e) of such Act, as amended by this section, not later than 90 days after the date of the enactment of this Act.

(5) Congress further expects that, immediately upon the enactment of this Act, the Attorney General will inform Congress of his progress in complying with the reporting requirements described in paragraphs (3) and (4), including the estimated dates of completion of such reports.

SEC. 139. CLARIFICATION OF INTENT OF TRANSITIONAL PROVISION ON REFERENCES TO REMOVAL ORDERS.

Section 309(d)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is amended by striking `deportation.' and inserting `deportation, except that nothing in this paragraph shall be construed as making any change in the Immigration and Nationality Act made by this Act effective retroactively.'.

Subtitle E--Consular Review of Visa Applications

SEC. 141. ESTABLISHMENT OF A BOARD OF VISA APPEALS.

(a) IN GENERAL- The Immigration and Nationality Act is amended by inserting after section 224 the following new section:

`board of visa appeals

`SEC. 225. (a) ESTABLISHMENT- The Secretary of State shall establish within the Department of State a Board of Visa Appeals. The Board shall be composed of 5 members who shall be appointed by the Secretary. Not more than 2 members of the Board may be consular officers. The Secretary shall designate a member who shall be chairperson of the Board.

`(b) AUTHORITY AND FUNCTIONS- The Board shall have authority to review any discretionary decision of a consular officer with respect to an alien concerning the denial, revocation, or cancellation of an immigrant visa or of a nonimmigrant visa or petition, or the denial of an application for waiver of one or more grounds of inadmissibility under section 212. The review of the Board shall be made upon the record for decision of the consular officer, including all documents, notes, and memoranda filed with the consular officer, supplemented by affidavits and other writings if offered by the consular officer or alien. Upon a conclusive showing that the decision of the consular official is contrary to the preponderance of the evidence, the Board shall have authority to overrule, or remand for further consideration, the decision of such consular officer.

`(c) PROCEDURE- Proceedings before the Board shall be in accordance with such regulations, not inconsistent with this Act and sections 556 and 557 of title 5, United States Code, as the Secretary of State shall prescribe. Such regulations shall include requirements that provide that--

`(1) at the time of any decision of a consular officer under subsection (b), an alien, attorney of record, and any interested party defined in subsection (d) shall be given notice of the availability of the review process and the necessary steps to request such review;

`(2) a written record of the proceedings and decision of the consular officer (in accordance with sections 556 and 557 of title 5, United States Code) shall be available to the Board, and on payment of lawfully prescribed costs, shall be made available to the alien;

`(3) upon receipt of request for review under this section, the Board shall, within 30 days, notify the consular officer with respect to whose decision review is sought, and, upon receipt of such notice, such officer shall promptly (but in no event more than 30 days after such receipt) forward to the Board the record of proceeding as described in subsection (b);

`(4) the appellant shall be given notice, reasonable under all the circumstances of the time and place at which the Board proceedings will be held;

`(5) the appellant may be represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as the appellant shall choose; and

`(6) a request for review under this section must be made in writing to the Board within 60 days after receipt of notice of the denial, revocation, or cancellation.

`(d) INTERESTED PARTIES- The Board shall review each decision described in subsection (b) upon request of the alien or any of the following interested parties:

`(1) The petitioner or beneficiary of an immigrant visa petition approved under section 203(a), 203(b)(1), 203(b)(4), 203(b)(5), or 203(c), or the petitioner of an immigrant visa petition approved under section 203(b)(2) or 203(b)(3).

`(2) The petitioner of a nonimmigrant visa petition.

`(3) The postsecondary educational institution approved for the attendance of nonimmigrant students under section 101(a)(15)(F)(i) or 101(a)(15)(M)(i) which has provided notice of the acceptance of the alien in its program.

`(4) A recognized international agency or organization approved as a program sponsor under section 101(a)(15)(J) which has provided notice of the acceptance of the alien in its program.

`(5) A treaty investor or trader individual or organization in the United States that, under section 101(a)(15)(E), has made an offer of employment to an alien to perform executive or supervisory management functions.

`(e) LIMITATION- A review may not be requested under this section more than once in any 24-month period.

`(f) CONSTRUCTION- This section may not be construed to restrict any right to further administrative or judicial review established under any other provision of law.

`(g) FEES- The Secretary of State shall charge, and collect, an appropriate fee associated with a request to the Board for a review. Such fee shall be sufficient to cover the cost of the administration of this section.'.

(b) TECHNICAL AMENDMENTS-

(1) Section 222(f) (8 U.S.C. 1202(f)) is amended--

(A) by striking `except that' and all that follows up to the period; and

(B) by adding at the end: `An interested party under section 225(d) or court shall be permitted to inspect the record of proceeding as described in subsections (c)(2) and (c)(3) of section 225.'.

(2) Section 104(a)(1) (8 U.S.C. 1104(a)(1)) is amended by striking the `except' and inserting `including'.

(3) The table of contents is amended by inserting after the item relating to section 224 the following new item:

`Sec. 225. Board of Visa Appeals.'.

SEC. 142. NONDISCRIMINATION PROVISIONS.

(a) NONDISCRIMINATION IN ISSUANCE OF IMMIGRANT VISAS- Section 202(a)(1) (8 U.S.C. 1152(a)(1)) is amended--

(1) in subparagraph (A), by inserting `sexual orientation, disability,' after `sex,'; and

(2) in subparagraph (B), by striking `processed.' and inserting `processed, to the extent that such procedures do not discriminate based on race, sex, sexual orientation, disability, nationality, place of birth, or place of residence in violation of subparagraph (A).'.

(b) NONDISCRIMINATION IN ISSUANCE OF NONIMMIGRANT VISAS- Section 214 (8 U.S.C. 1184) is amended--

(1) by redesignating the subsection (l) added by section 625(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-1820) as subsection (m); and

(2) by adding at the end the following:

`(n) Except as specifically provided by law, no person shall receive any preference or priority or be discriminated against in the issuance of a nonimmigrant visa because of the person's race, sex, sexual orientation, disability, nationality, place of birth, or place of residence.'.

TITLE II--FAIRNESS AND EQUITY IN CASES INVOLVING PREVIOUS AND MINOR MISCONDUCT

Subtitle A--Increased Fairness and Equity Concerning Removal Proceedings

SEC. 201. EQUITABLE DEFINITION OF `CRIME INVOLVING MORAL TURPITUDE'.

(a) CONVICTION OF CERTAIN CRIMES- Section 212(a)(2)(A)(i) (8 U.S.C. 1182(a)(2)(A)(i)) is amended by striking `of, or who admits having committed, or who admits committing acts which constitute the essential elements of--' and inserting `of--'.

(b) EXCEPTION- Section 212(a)(2)(A)(ii)(II) (8 U.S.C. 1182(a)(2)(A)(ii)(II)) is amended--

(1) by striking `the maximum' and all that follows through `such crime,'; and

(2) by striking `6 months' and inserting `1 year'.

SEC. 202. EQUITABLE APPLICATION AND DEFINITION OF `AGGRAVATED FELONY'.

(a) ILLICIT TRAFFICKING- Section 101(a)(43)(B) (8 U.S.C. 1101(a)(43))(B)) is amended by striking `Code);' and inserting `Code), except a single offense of simple possession of a controlled substance that is an alien's first controlled substance offense;'.

(b) CRIMES OF VIOLENCE AND THEFT OFFENSES- Subparagraphs (F), (G), (J), (M), (R), and (S) of section 101(a)(43) (8 U.S.C. 1101(a)(43)) are each amended by striking `imprisonment' and all that follows through the semicolon and inserting `imprisonment of more than 5 years;'.

(c) ALIEN SMUGGLING- Section 101(a)(43)(N) (8 U.S.C. 101(a)(43)(N)) is amended--

(1) by inserting `committed for the purpose of commercial advantage,' after `smuggling),'; and

(2) by adding at the end a semicolon.

(d) DISCRETIONARY WAIVER IN CASES OF OTHER MINOR FELONIES- Section 101 (8 U.S.C. 1101) is amended by adding at the end the following:

`(i) For purposes of this Act, and notwithstanding subsection (a)(43), the Attorney General may treat any conviction that did not result in incarceration for more than 1 year as if such conviction were not a conviction for an aggravated felony.'.

(e) CONFORMING CHANGE CONCERNING REMOVAL OF NONPERMANENT RESIDENTS- Section 238(b) (8 U.S.C. 1228(b)) is amended by striking paragraph (5).

SEC. 203. EQUITABLE DEFINITIONS OF `CONVICTION' AND `TERM OF IMPRISONMENT'.

Section 101(a)(48) (8 U.S.C. 1101(a)(48)) is amended--

(1) in subparagraph (A), by striking `court' and all that follows through the period at the end and inserting `court. An adjudication or judgment of guilt that has been expunged, deferred, annulled, invalidated, withheld, or vacated, an order of probation without entry of judgment, or any similar disposition shall not be considered a conviction for purposes of this Act.'; and

(2) in subparagraph (B)--

(A) by inserting `only' after `deemed to include'; and

(B) by striking `court of law' and all that follows through the period at the end and inserting `court of law. Any such reference shall not be deemed to include any suspension of the imposition or execution of that imprisonment or sentence in whole or in part.'.

SEC. 204. EQUITABLE DEFINITION OF `CRIMES OF MORAL TURPITUDE'.

Section 237(a)(2)(A)(i)(II) (8 U.S.C. 1227(a)(2)(A)(i)(II)) is amended to read as follows:

`(II) for which the alien has been incarcerated for a period exceeding one year,'.

SEC. 205. RESTORATION OF FAIRNESS IN EQUITABLE RELIEF FOR LONG-TIME LEGAL PERMANENT RESIDENTS.

(a) CANCELLATION OF REMOVAL- Section 240A(a)(3) (8 U.S.C. 1229b(a)(3)) is amended to read as follows:

`(3) has not been convicted of an aggravated felony for which the sentence imposed is five years or more.'.

(b) REPEAL OF RULE FOR TERMINATION OF CONTINUOUS PERIOD-

(1) Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) (8 U.S.C. 1229b(a)) is repealed.

(2) Section 240A(d) (8 U.S.C. 1229b) is amended--

(A) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and

(B) by inserting before the period at the end of paragraph (1) (as redesignated) the following: `, unless the alien's departure from the United States was due to a temporary trip abroad required by emergency or extenuating circumstances outside the control of the alien'.

(c) CANCELLATION OF REMOVAL FOR CERTAIN OTHER PERMANENT RESIDENTS FOR URGENT HUMANITARIAN REASONS OR SIGNIFICANT PUBLIC BENEFIT- Section 240A (8 U.S.C. 1229b) is amended by adding at the end the following:

`(f) CANCELLATION OF REMOVAL FOR CERTAIN PERMANENT RESIDENTS FOR URGENT HUMANITARIAN REASONS OR SIGNIFICANT PUBLIC BENEFIT- In the case of an alien otherwise eligible for cancellation of removal under subsection (a), except that the alien has been convicted of an aggravated felony that renders the alien unable to satisfy the requirement in subsection (a)(3), the Attorney General may cancel removal of the alien under such conditions as the Attorney General may prescribe, but only--

`(1) on a case-by-case basis for urgent humanitarian reasons, significant public benefit (including assuring family unity), or any other sufficiently compelling reason; and

`(2) after making a written determination that the cancellation of removal poses no danger to the safety of persons or property.'.

SEC. 206. RESTORATION OF FAIRNESS IN EQUITABLE RELIEF FOR OTHER NONCITIZENS.

(a) CANCELLATION OF REMOVAL AND ADJUSTMENT FOR CERTAIN NONPERMANENT RESIDENTS- Section 240A(b)(1) (8 U.S.C. 1229b(b)(1)) is amended to read as follows:

`(1) IN GENERAL- The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien--

`(A) has been physically present in the United States for a continuous period of--

`(i) 7 years immediately preceding the date of application in the case of an alien--

`(I) who is deportable on any ground other than a ground specified in clause (ii)(I); and

`(II) whose deportation would, in the opinion of the Attorney General, result in extreme hardship to the alien or the alien's spouse, parent, son, or daughter, who is a citizen of the United States or an alien lawfully admitted for permanent residence; or

`(ii) 10 years immediately preceding the date of application in the case of an alien--

`(I) who is deportable for conviction of an offense under section 212(a)(2), 237(a)(2), or 237(a)(3); and

`(II) whose deportation would, in the opinion of the Attorney General, result in exceptional and extremely unusual hardship to the alien or the alien's spouse, parent, son, or daughter, who is a citizen of the United States or an alien lawfully admitted for permanent residence'; and

`(B) has been a person of good moral character during such period.'.

(b) ELIMINATION OF ANNUAL LIMITATION- Section 240A (8 U.S.C. 1229b) is amended by striking subsection (e).

SEC. 207. ELIMINATING UNFAIR RETROACTIVE CHANGES IN REMOVAL RULES FOR PERSONS SUBJECT TO PENDING PROCEEDINGS.

(a) APPLICATION OF AGGRAVATED FELONY DEFINITION- The last sentence of section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended to read as follows: `The term shall not apply to any offense that was not covered by the term on the date on which the offense occurred.'.

(b) GROUNDS OF DEPORTABILITY- Section 237 (8 U.S.C. 1227) is amended by adding at the end the following new subsection:

`(d) Notwithstanding any other provision of this section, an alien is not deportable by reason of committing any offense that was not a ground of deportability on the date the offense occurred.'.

(c) GROUNDS OF INADMISSIBILITY- Section 212 (8 U.S.C. 1182) is amended by adding at the end the following new subsection:

`(p) Notwithstanding any other provision of this section, an alien is not inadmissible by reason of committing any offense that was not a ground of inadmissibility on the date the offense occurred.'.

SEC. 208. ELIMINATING UNFAIR RETROACTIVE CHANGES IN REMOVAL RULES FOR PERSONS PREVIOUSLY REMOVED.

(a) IN GENERAL- The Attorney General shall establish a process by which an alien described in subsection (b) may apply for reopening a proceeding so as to seek relief from exclusion, deportation, or removal under section 212(c) of the Immigration and Nationality Act, as such section was in effect prior to the enactment of the Antiterrorism and Effective Death Penalty Act of 1996, or section 240A of the Immigration and Nationality Act, as amended by this Act.

(b) ALIEN DESCRIBED- An alien referred to in subsection (a) is an alien who received a final order of exclusion, deportation, or removal, or a decision on a petition for review or petition for habeas corpus, on or after September 30, 1996, and who was--

(1) excluded, deported, or removed from the United States by reason of having committed a criminal offense that was not a basis for removal, exclusion, or deportation on the date on which the offense was committed;

(2) excluded, deported, or removed from the United States by reason of having committed a criminal offense that is not a basis for removal, exclusion, or deportation on the date of the enactment of this Act; or

(3) excluded, deported, or removed from the United States by reason of having committed a criminal offense prior to April 24, 1996, for which there was relief from exclusion, deportation, or removal available prior to such date.

(c) PAROLE- The Attorney General may exercise the parole authority under section 212(d)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of permitting aliens excluded, deported, or removed from the United States to participate in the process established under subsection (a), if the alien establishes prima facie eligibility for the relief.

Subtitle B--Increased Fairness and Equity Concerning 5-Year Bars to Admission and Other Grounds for Exclusion

SEC. 211. LIMITING 5-YEAR BAR TO ADMISSION TO PERSONS WHO WILLFULLY FAIL TO ATTEND REMOVAL PROCEEDINGS.

Section 212(a)(6)(B) (8 U.S.C. 1182(a)(6)(B)) is amended to read as follows:

`(B) FAILURE TO ATTEND REMOVAL PROCEEDINGS-

`(i) IN GENERAL- Any alien who willfully and without reasonable cause fails or refuses to attend or remain in attendance at a proceeding to determine the alien's inadmissibility or deportability and who seeks admission to the United States within 5 years of such alien's subsequent departure or removal is inadmissible.

`(ii) WAIVER AUTHORIZED- For provision authorizing waiver of clause (i), see subsection (d)(13).'.

SEC. 212. LIMITING 5-YEAR BAR TO ADMISSION TO PERSONS WHO WILLFULLY VIOLATE STUDENT VISA CONDITIONS.

(a) IN GENERAL- Section 212(a)(6)(G) (8 U.S.C. 1182(a)(6)(G)) is amended to read as follows:

`(G) STUDENT VISA ABUSERS-

`(i) IN GENERAL- An alien who obtains the status of a nonimmigrant under section 101(a)(15)(F)(i) and who willfully violates a term or condition of such status under section 214(m) is inadmissible until the alien has been outside the United States for a continuous period of 5 years after the date of the violation.

`(ii) WAIVER AUTHORIZED- For provision authorizing waiver of clause (i), see subsection (d)(13).'.

(b) TECHNICAL AMENDMENT- Section 101(a)(15)(F)(i) (8 U.S.C. 1101(a)(15)(F)(i)) is amended by striking `214(l)' and inserting `214(m)'.

SEC. 213. LIMITING BAN ON ADMISSIBILITY TO PERSONS WHO WILLFULLY MAKE FALSE CLAIMS FOR CITIZENSHIP.

(a) CLASSES OF DEPORTABLE ALIENS- Section 237(a)(3)(D) (8 U.S.C. 1227(a)(3)(D)) is amended by inserting `and willfully' after `falsely' each place such term appears.

(b) CLASSES OF INADMISSIBLE ALIENS- Section 212(a)(6)(C)(ii) (8 U.S.C. 1182(a)(6)(C)(ii)) is amended by inserting `and willfully' after `falsely' each place such term appears.

SEC. 214. EQUITABLE WAIVER OF INADMISSIBILITY FOR MINOR CRIMINAL OFFENSES.

Section 212(h) (8 U.S.C. 1182(h)) is amended--

(1) in the matter preceding paragraph (1), by striking `offense of simple possession of 30 grams or less of marijuana' and inserting `controlled substance offense for which the alien was not incarcerated for a period exceeding 1 year'; and

(2) by striking the final two sentences.

SEC. 215. ELIMINATING THE 3 AND 10 YEAR BARS TO INADMISSIBILITY.

Section 212(a)(9) (8 U.S.C. 1182(a)(9)) is amended--

(1) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B); and

(2) in subparagraph (B), as so redesignated, by striking `10 years' and inserting `3 years'.

TITLE III--ENCOURAGING FAMILY REUNIFICATION

Subtitle A--Reuniting Family Members

SEC. 301. VISA FOR SPOUSES AND CHILDREN OF PERMANENT RESIDENTS TEMPORARILY WAITING FOR VISA NUMBERS.

(a) IN GENERAL- Section 101(a)(15)(V) (8 U.S.C. 1101(a)(15)(V)) is amended to read as follows:

`(V) an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) who is the beneficiary of a petition approved under--

`(i) section 204 (excluding the provisions of such section referred to in clause (ii)) for classification by reason of a relationship described in section 203(a)(2)(A) with an alien lawfully admitted for permanent residence, who is awaiting the availability of an immigrant visa based upon such approval, and who seeks to enter the United States to achieve family unity by joining the permanent resident alien in the United States; or

`(ii) clause (iii), (iv), (v), or (vi) of section 204(a)(1)(A) or clause (ii), (iii), or (iv) of section 204(a)(1)(B) and who is awaiting the availability of an immigrant visa based upon such approval.'.

(b) PROVISIONS AFFECTING NONIMMIGRANT STATUS- Section 214 (8 U.S.C. 1184) is amended--

(1) by redesignating the subsections (o) and (p), as added by sections 1102(b) and 1103(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 (as enacted into law by section 1(a)(2) of Public Law 106-553) as subsections (p) and (q), respectively; and

(2) by amending paragraph (1)(B)(i) of subsection (p) (as so redesignated) to read as follows:

`(i) The petition filed under section 204 for which the visa was authorized under section 101(a)(15)(V).'.

SEC. 302. REFUGEE STATUS FOR UNMARRIED SONS AND DAUGHTERS OF REFUGEES.

Section 207(c)(2) (8 U.S.C. 1157(c)(2)) is amended by adding at the end the following:

`When warranted by unusual circumstances or to preserve family unity, the Attorney General may, in the Attorney General's discretion, consider an unmarried son or daughter of a refugee to be a child of the refugee for purposes of this paragraph.'.

SEC. 303. ASYLEE STATUS FOR UNMARRIED SONS AND DAUGHTERS OF ASYLEES.

Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended by adding at the end the following:

`When warranted by unusual circumstances or to preserve family unity, the Attorney General may, in the Attorney General's discretion, consider an unmarried son or daughter of an alien who is granted asylum under this subsection to be a child of the alien for purposes of this paragraph.'.

Subtitle B--Limited Waiver of Grounds of Admissibility

SEC. 311. DISCRETIONARY WAIVER IN CASES INVOLVING FAMILY MEMBERS.

(a) IN GENERAL- Section 212(i) (8 U.S.C. 1182(i)) is amended to read as follows:

`(i) The Attorney General may, in the discretion of the Attorney General, waive the application of subparagraph (A)(i), or clause (i) or (ii) of subparagraph (C), of subsection (a)(6) in the case of an immigrant who is the parent, spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in hardship to the alien or to the citizen or lawfully resident parent, spouse, son, or daughter of such an alien.'.

(b) CONFORMING AMENDMENTS- Section 212(a)(6) (8 U.S.C. 1182(a)(6)) is amended--

(1) in subparagraph (A), by adding at the end the following:

`(iii) WAIVER AUTHORIZED- For provision authorizing waiver of this subparagraph, see subsection (i).'; and

(2) in subparagraph (C)(iii), by striking `clause (i),' and inserting `this subparagraph'.

SEC. 312. DISCRETIONARY WAIVER IN DOCUMENT CASES INVOLVING FAMILY MEMBERS.

(a) INADMISSIBLE ALIENS- Section 212(d)(12) (8 U.S.C. 1182(d)(12)) is amended by striking `spouse or child' and inserting `spouse, son, daughter, or parent'.

(b) DEPORTABLE ALIENS- Section 237(a)(3)(C)(ii) (8 U.S.C. 1227(a)(3)(C)(ii)) is amended by striking `spouse or child' and inserting `spouse, son, daughter, or parent'.

SEC. 313. DISCRETIONARY WAIVER TO ADMIT PERSONS IN UNUSUAL CIRCUMSTANCES.

(a) NEW GENERAL WAIVER- Section 212(d) (8 U.S.C. 1182(d)) is amended by adding at the end the following:

`(13) The Attorney General may, in the discretion of the Attorney General for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive the application of subparagraph (B)(i) or (G)(i) of subsection (a)(6) or clause (i) or (ii) of subsection (a)(9)(A) in unusual circumstances. For purposes of the preceding sentence, an instance of battering or extreme cruelty is deemed to constitute unusual circumstances in the case where it is inflicted on an alien (or a child of

an alien) by the alien's United States citizen or lawful permanent resident spouse, parent, child, son, or daughter.'.

(b) WAIVER FOR ALIENS PREVIOUSLY REMOVED- Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is amended by adding at the end the following:

`(iv) WAIVER AUTHORIZED- For provision authorizing waiver of clause (i) or (ii), see subsection (d)(13).'.

Subtitle C--Eliminating Unfairness and Waste in Section 245(i) Waivers

SEC. 321. PERMANENT APPLICATION OF SECTION 245(i).

Section 245(i)(1) (8 U.S.C. 1255(i)(1)) is amended by striking `(i)(1)' and all that follows through `The Attorney General' and inserting the following:

`(i)(1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States who--

`(A) entered the United States without inspection; or

`(B) is within one of the classes enumerated in subsection (c) of this section;

may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence. The Attorney General'.

Subtitle D--Equitable Procedures Concerning Voluntary Departure

SEC. 331. DISCRETIONARY DETERMINATION OF PERIOD OF VOLUNTARY DEPARTURE.

Section 240B (8 U.S.C. 1229c) is amended in subsections (a)(2) and (b)(2) by striking `not be valid' and all that follows through the period and inserting `be valid for a period determined by the Attorney General to be suitable to an alien's circumstances and that permits the alien to depart without government expense or intervention.'.

SEC. 332. DISCRETIONARY DETERMINATION OF VOLUNTARY DEPARTURE BOND BASED ON INDIVIDUAL CIRCUMSTANCES.

Section 240B(b)(3) (8 U.S.C. 1229c(b)(3)) is amended by striking `shall' and inserting `may'.

SEC. 333. ELIMINATION OF AUTOMATIC PENALTIES FOR FAILING TO DEPART IN ACCORDANCE WITH A VOLUNTARY DEPARTURE GRANT.

Section 240B (8 U.S.C. 1229c) is amended by striking subsection (d).

Subtitle E--Fairness in Determination of Public Charge

SEC. 341. EQUITABLE PROCEDURES CONCERNING PUBLIC CHARGE AND AFFIDAVIT OF SUPPORT.

(a) GROUNDS FOR INELIGIBILITY FOR ADMISSION- Section 212(a)(4) (8 U.S.C. 1182(a)(4)) is amended--

(1) by amending subparagraph (B)(ii) to read as follows:

`(ii) If an alien submits an affidavit of support described in section 213A, in addition to the factors under clause (i), the consular officer or the Attorney General shall also consider such affidavit in determining whether the alien is inadmissible under this paragraph.'; and

(2) by striking subparagraphs (C) and (D).

(b) REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT- Subsections (a)(1)(A), (f)(1)(E), and (f)(4)(B)(i) of section 213A (8 U.S.C. 1183a(a)(1)(A), (f)(1)(E), and (f)(4)(B)(i)) are amended by striking `125' and inserting `100'.

TITLE IV--FAIRNESS IN ASYLUM AND REFUGEE PROCEEDINGS

Subtitle A--Increased Fairness in Asylum Proceedings

SEC. 401. ELIMINATION OF ARBITRARY TIME LIMITS ON ASYLUM APPLICATIONS.

Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amended--

(1) by striking subparagraph (B);

(2) in subparagraph (C), by striking `(D)' and inserting `(C)';

(3) in subparagraph (D), by striking `subparagraphs (B) and (C),' and inserting `subparagraph (B),'; and

(4) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively.

SEC. 402. GENDER-BASED PERSECUTION.

(a) TREATMENT AS REFUGEE- Section 101(a)(42) (8 U.S.C. 1101(a)(42)) is amended by adding at the end the following:

`For purposes of determinations under this Act, a person who establishes that he or she suffered persecution in the past, or has a well-founded fear of persecution, on account of gender shall be considered to have suffered persecution, or to have a well-founded fear of persecution, on account of membership in a particular social group.'.

(b) RESTRICTION ON REMOVAL TO COUNTRY WHERE ALIEN WOULD BE THREATENED- Section 241(b)(3) (8 U.S.C. 1231(b)(3)) is amended by adding at the end the following:

`(C) GENDER-BASED PERSECUTION- For purposes of determinations under this paragraph, an alien who establishes that the alien's life or freedom would be threatened in a country on account of gender shall be considered to have established that the alien's life or freedom would be threatened in that country on account of membership in a particular social group.'.

SEC. 403. PRESUMPTION OF ASYLUM IN CASES OF PAST PERSECUTION.

Section 101(a)(42) (8 U.S.C. 1101(a)(42)) is amended by adding at the end the following:

`For purposes of determinations under this Act, a person shall be presumed to have a well-founded fear of future persecution if he or she has established that he or she was persecuted in the past, unless a preponderance of the evidence establishes that since the time the persecution occurred conditions in the person's country of nationality or last habitual residence have changed to such an extent

that the person no longer has a well-founded fear of being persecuted if he or she were to return. In a case where the presumption is rebutted, the person nonetheless may be considered a refugee if the person demonstrates compelling reason for being unwilling to return to the person's country of nationality or last habitual residence arising out of the severity of the past persecution.'.

SEC. 404. REBUTTABLE PRESUMPTION OF ASYLUM WHERE PERSECUTION OCCURS WITH RESPECT TO A PARTICULAR LOCATION IN A COUNTRY.

Section 101(a)(42) (8 U.S.C. 1101(a)(42)) is amended by adding at the end the following:

`For purposes of determinations under this Act, a person who establishes that he or she suffered persecution in the past, or has a well-founded fear of persecution, with respect to any location in the person's country of nationality or last habitual residence shall be presumed to have a well-founded fear of future persecution with respect to all locations in such country, unless a preponderance of the evidence establishes that the threat of future persecution is not country-wide. In a case where the presumption is rebutted, the person nonetheless may be considered a refugee if the person demonstrates that it would be unreasonable to require the person to resettle in any location in such country.'.

SEC. 405. ELIMINATION OF ARBITRARY CAP ON PERSONS ELIGIBLE TO ADJUST STATUS FROM ASYLEES TO LEGAL PERMANENT RESIDENTS.

Section 209(b) (8 U.S.C. 1159(b)) is amended by striking `Not more than 10,000 of the' and all that follows through `to adjust to' and inserting `The Attorney General may adjust, in the Attorney General's discretion and under such regulations as the Attorney General may prescribe,'.

SEC. 406. RESTORATION OF ELIGIBILITY FOR WITHHOLDING OF REMOVAL FOR PERSONS FACING LOSS OF LIFE OR FREEDOM.

Section 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is amended--

(1) by amending clause (ii) to read as follows:

`(ii) the alien--

`(I) has been convicted by final judgment of a particularly serious crime for which the sentence imposed was an aggregate term of imprisonment of five years or more; and

`(II) is a danger to the community of the United States.';

(2) by striking the second and third sentences; and

(3) by adding at the end `Notwithstanding this subparagraph, an alien may be granted relief under subparagraph (A) if the Attorney General determines the alien should not be removed for urgent humanitarian reasons.'.

Subtitle B--Increased Fairness and Rationality in Refugee Consultations

SEC. 411. TIMELY CONSULTATION WITH RESPECT TO REFUGEE ADMISSIONS.

Section 207(d)(1) (8 U.S.C. 1157(d)(1)) is amended by striking `the start of each fiscal year' and inserting `the submission by the President to the Congress of the President's budget for the Federal Government with respect to a fiscal year,'.

TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. LIMITING FORFEITURE FOR CERTAIN ASSETS USED TO VIOLATE INS WHERE THERE WAS NO COMMERCIAL GAIN.

Section 274(b)(1) (8 U.S.C. 1324(b)(1)) is amended by inserting `for the purpose of commercial advantage or private financial gain' after `subsection (a)'.

SEC. 502. ELIMINATION OF BAN ON STATE AND LOCAL GOVERNMENTS FROM PREVENTING COMMUNICATIONS WITH THE INS.

(a) IN GENERAL- Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is repealed.

(b) VERIFICATION OF ELIGIBILITY FOR FEDERAL PUBLIC BENEFITS- Section 432 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1642) is repealed.

SEC. 503. ELIMINATION OF AUTHORITY TO PERMIT STATE PERSONNEL TO CARRY OUT IMMIGRATION OFFICER FUNCTIONS.

Section 287(g) (8 U.S.C. 1357(g)) is repealed.

SEC. 504. PAROLE AUTHORITY.

Section 212(d)(5)(A) (8 U.S.C. 1182(d)(5)(A)) is amended by striking `only on a case-by-case basis for urgent humanitarian reasons or significant public benefit' and inserting `for emergent reasons or for reasons deemed strictly in the public interest'.

SEC. 505. ENHANCED BORDER PATROL RECRUITMENT AND RETENTION.

(a) IN GENERAL-

(1) GS-11 CLASSIFICATION- Any Border Patrol agent classified as a GS-1896 position who completes a 1-year period of service at a GS-9 grade and whose current rating of record is fully successful or higher shall be classified at a GS-11 grade and receive pay at the minimum rate of basic pay for a GS-11 position.

(2) NONREDUCTION- Paragraph (1) shall not be construed to--

(A) limit or reduce the rate of pay of any Border Patrol agent; or

(B) reclassify a Border Patrol agent at a lower classification of position.

(b) OFFICE OF BORDER PATROL RECRUITMENT AND RETENTION-

(1) ESTABLISHMENT- Not later than 90 days after the date of the enactment of this Act, the Commissioner of the Immigration and Naturalization Service shall establish an Office of Border Patrol Recruitment and Retention within the Immigration and Naturalization Service.

(2) FUNCTIONS- The Office of Border Patrol Recruitment and Retention shall--

(A) develop outreach programs to identify and recruit prospective Border Patrol agents;

(B) develop programs to retain Border Patrol agents; and

(C) submit recommendations to the Commissioner of the Immigration and Naturalization Service relating to pay and benefits of Border Patrol agents.

(3) REPORT TO CONGRESS- Not later than 150 days after the date of the enactment of this Act, the Commissioner of the Immigration and Naturalization Service shall submit a report to the Congress on the establishment and activities of the Office of Border Patrol Recruitment and Retention.

(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $50,000,000 for fiscal year 2003 and such sums as may be necessary for each fiscal year thereafter to carry out this section.

SEC. 506. ELIMINATION OF DENIAL OF IMMIGRATION BENEFITS FOR ERRONEOUS ASYLUM APPLICATION.

Section 208(d) (8 U.S.C. 1158(d)) is amended by striking paragraphs (6) and (7).

SEC. 507. AUTHORIZATION OF APPROPRIATIONS FOR IMPLEMENTATION OF ACT.

There are authorized to be appropriated for fiscal years 2003 through 2009 such sums as may be necessary to implement this Act.

TITLE VI--EFFECTIVE DATES

SEC. 601. GENERAL EFFECTIVE DATE.

Except as provided in section 602, the amendments made by this Act shall take effect on the date of the enactment of this Act.

SEC. 602. OTHER EFFECTIVE DATES.

(a) TITLE I-

(1) SECTION 102- The amendments made by section 102 shall take effect on the date of the enactment of this Act and shall apply to petitions for review of determinations of the Attorney General made on or after such date.

(2) SECTION 111- The amendment made by section 111 shall take effect on the date of the enactment of this Act and shall apply to determinations pending on or after such date with respect to which--

(A) a final administrative decision has been not been rendered as of such date; or

(B) such a decision has been rendered but the period for seeking judicial review of the decision has not expired.

(3) SECTION 113- The amendment made by section 113 shall take effect on the date of the enactment of this Act and shall apply to aliens who are in custody on or after such date.

(4) SECTIONS 114 AND 115- The amendments made by sections 114 and 115 shall take effect on the date of the enactment of this Act and shall apply to petitions for review filed on or after such date.

(5) SECTION 116- The amendment made by section 116 shall take effect on the date of the enactment of this Act and shall apply to appeals from denial of a request for an order of voluntary departure, and requests for a stay of an alien's removal pending consideration of any claim with respect to voluntary departure, filed on or after such date.

(6) SECTION 117- The amendment made by section 117 shall take effect on the date of the enactment of this Act and shall apply to cases in which a final order of exclusion or deportation is entered on or after the date of the enactment of this Act.

(7) SECTION 121- The amendments made by section 121 shall take effect on the date of the enactment of this Act and shall apply to removal proceedings pending on or after such date.

(8) SECTION 122- The amendment made by section 122 shall take effect on the date of the enactment of this Act and shall apply to applications for admission pending on or after such date.

(9) SECTION 141-

(A) IN GENERAL- The amendment made by section 141(a) shall take effect 120 days after the date of the enactment of this Act.

(B) DEADLINE FOR REGULATIONS- Proposed regulations with respect to the amendment made by section 141(a) shall be promulgated not later than 30 days after the date of the enactment of this Act.

(C) APPOINTMENTS- Members of the Board of Visa Appeals under section 225 of the Immigration and Nationality Act (as inserted by section 141(a) of this Act) shall be appointed not later than 120 days after the date of the enactment of this Act.

(b) TITLE II-

(1) SECTION 201- The amendments made by section 201 shall take effect on the date of the enactment of this Act and shall apply to applications pending on or after such date with respect to which no final administrative decision has been rendered.

(2) SECTION 202-

(A) SUBSECTION (a)- The amendment made by section 202(a) shall apply to offenses committed on or after the date of the enactment of this Act.

(B) SUBSECTIONS (b) AND (c)- The amendments made by subsections (b) and (c) of section 202 shall apply to convictions entered on or after April 24, 1996.

(C) SUBSECTION (d)- The amendment made by section 202(d) shall apply to convictions entered on or after the date of the enactment of this Act.

(3) SECTION 203- The amendments made by section 203 shall take effect on the date of the enactment of this Act and shall apply to convictions and sentences entered on or after such date.

(4) SECTION 204- The amendment made by section 204 shall apply to convictions entered on or after the date of the enactment of this Act.

(5) SECTIONS 206 AND 207- The amendments made by sections 206(a) and 207 shall take effect on the date of the enactment of this Act and shall apply to aliens in removal proceedings on or after April 1, 1997.

(6) SECTIONS 211 AND 214- The amendments made by sections 211 and 214 shall apply to determinations of inadmissibility made on or after April 1, 1997.

(7) SECTION 212- The amendments made by section 212 shall apply to aliens who obtain the status of a nonimmigrant under section 101(a)(15)(F) of the Immigration and Nationality Act after the end of the 60-day period beginning on September 30, 1996, including aliens whose status as such a nonimmigrant is extended after the end of such period.

(8) SECTION 213- The amendments made by section 213 shall apply to representations made on or after September 30, 1996.

(c) TITLE III-

(1) SECTION 301- The amendments made by section 301 shall take effect on the date of the enactment of this Act and shall apply to an alien who is the beneficiary of a classification petition filed under section 204 before, on, or after such date.

(2) SECTION 302- The amendment made by section 302 shall take effect on the date of the enactment of this Act and shall apply to applications for admission as a refugee pending on or after such date.

(3) SECTION 303- The amendment made by section 303 shall take effect on the date of the enactment of this Act and shall apply to asylum applications pending on or after such date.

(4) SECTION 304- The amendments made by section 304 shall take effect 90 days after the date of the enactment of this Act and shall apply to applications pending on or after such effective date.

(5) SECTIONS 312(a), 313, AND 341- The amendments made by sections 312(a), 313, and 341 shall take effect on the date of the enactment of this Act and shall apply to applications pending on or after such date with respect to which no final administrative decision has been rendered.

(6) SECTION 312(b)- The amendment made by section 312(b) shall take effect on the date of the enactment of this Act and shall apply to proceedings pending on or after such date with respect to which no final administrative decision has been rendered.

(7) SECTION 321- The amendment made by section 321 shall take effect on the date of the enactment of this Act and shall apply to applications for adjustment of status pending on or after such date.

(d) TITLE IV-

(1) SECTION 401- The amendments made by section 401 shall take effect on the date of the enactment of this Act and shall apply to asylum applications pending on or after such date.

(2) SECTION 402- The amendments made by section 402 shall take effect on the date of the enactment of this Act and shall apply to applications for asylum or admission as a refugee, and determinations under section 241(b)(3) of the Immigration and Nationality Act, pending on or after such date.

(3) SECTION 403- The amendment made by section 403 shall take effect on the date of the enactment of this Act and shall apply to applications for asylum or admission as a refugee pending on or after such date.

(4) SECTION 404- The amendment made by section 404 shall take effect on the date of the enactment of this Act and shall apply to applications for asylum or admission as a refugee pending on or after such date.

(5) SECTION 405- The amendment made by section 405 shall take effect on the date of the enactment of this Act and shall apply to applications for adjustment of status pending on or after such date.

(e) TITLE V-

(1) SECTION 505- Paragraphs (1) and (2) of section 505(a) shall take effect on the first day of the first applicable pay period beginning on or after the date that is 120 days after the date of the enactment of this Act.

(2) SECTION 506- The amendment made by section 506 shall take effect on the date of the enactment of this Act and shall apply to asylum applications made before, on, or after such date.

END