To amend the Immigration and Nationality Act to require the Attorney General to cancel the removal and adjust the status of certain aliens who were brought to the United States as children.

July 27, 2001

Mr. DURBIN (for himself, Mr. KENNEDY, Mr. REID, Mr. DODD, Mr. WELLSTONE, Mr. CORZINE, and Mr. FEINGOLD) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To amend the Immigration and Nationality Act to require the Attorney General to cancel the removal and adjust the status of certain aliens who were brought to the United States as children.

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 `Children's Adjustment, Relief, and Education Act' or the `CARE Act'.

SEC. 2. DEFINITION.

In this Act, the term `secondary school student' means a student enrolled in any of the grades 7 through 12.

SEC. 3. STATE FLEXIBILITY IN PROVIDING IN-STATE TUITION FOR COLLEGE-AGE ALIEN CHILDREN.

(a) IN GENERAL- Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; division C; 110 Stat. 3009-672) (8 U.S.C. 1623) is hereby repealed.

(b) EFFECTIVE DATE- The repeal made by this section to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 shall take effect as if included in the enactment of such Act.

SEC. 4. -CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR CERTAIN ALIEN CHILDREN.

(a) IN GENERAL- Section 240A of the Immigration and Nationality Act (8 U.S.C. 1229b) is amended--

(1) in subsection (b), by inserting at the end the following new paragraph:

`(5) SPECIAL RULE FOR RESIDENTS BROUGHT TO THE UNITED STATES AS CHILDREN-

`(A) AUTHORITY- Subject to the restrictions in subparagraph (B), the Attorney General shall cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States, if the alien applies for relief under this paragraph and demonstrates that on the date of application for such relief--

`(i) the alien had not attained the age of 21;

`(ii) the alien had been physically present in the United States for a continuous period of not less than five years immediately preceding the date of such application;

`(iii) the alien had been a person of good moral character during the five-year period preceding the application; and

`(iv) the alien--

`(I) was a secondary school student in the United States;

`(II) was attending an institution of higher education in the United States as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or

`(III) with respect to whom the registrar of such an institution of higher education in the United States had certified that the alien had applied for admission, met the minimum standards for admission, and was being considered for admission.

`(B) RESTRICTIONS ON AUTHORITY- Subparagraph (A) does not apply to--

`(i) an alien who is inadmissible under section 212(a)(2)(A)(i)(I), or is deportable under section 237(a)(2)(A)(i), unless the Attorney General determines that the alien's removal would result in extreme hardship to the alien, the alien's child, or (in the case of an alien who is a child) to the alien's parent; or

`(ii) an alien who is inadmissible under section 212(a)(3), or is deportable under section 237(a)(2)(D)(i) or 237(a)(2)(D)(ii).'; and

(2) in subsection (d)(1)(A), by inserting `or (5)' after `subsection (b)(2)'.

(b) EXEMPTION FROM NUMERICAL LIMITATIONS- Section 240A of the Immigration and Nationality Act (8 U.S.C. 1229b), as amended by this Act, is further amended in subsection (e)(3) by adding at the end the following new subparagraph:

`(C) Aliens described in subsection (b)(5).'.

(c) APPLICATION OF PROVISIONS- For the purpose of applying section 240A(b)(5)(A) of the Immigration and Nationality Act (as added by subsection (a))--

(1) an individual shall be deemed to have met the qualifications of clause (i) of such section 240A(b)(5)(A) if the individual--

(A) had not attained the age of 21 prior to the date of enactment of this Act; and

(B) applies for relief under this section within 120 days of the effective date of regulations implementing this section; and

(2) an individual shall be deemed to have met the requirements of clauses (i), (ii), and (iv) of such section 240A(b)(5)(A) if--

(A) the individual would have met such requirements at any time during the four-year period immediately preceding the date of enactment of this Act; and

(B) the individual has graduated from, or is on the date of application for relief under such section 240A(b)(5) enrolled in, an institution of higher education in the United States (as defined in clause (iv) of such section 240A(b)(5)(A)).

(d) CONFIDENTIALITY OF INFORMATION-

(1) PROHIBITION- Neither the Attorney General, nor any other official or employee of the Department of Justice may--

(A) use the information furnished by the applicant pursuant to an application filed under section 240A(b)(5) of the Immigration and Nationality Act (as added by this Act) for any purpose other than to make a determination on the application;

(B) make any publication whereby the information furnished by any particular individual can be identified; or

(C) permit anyone other than the sworn officers and employees of the Department or, with respect to applications filed under such section 240A(b)(5) with a designated entity, that designated entity, to examine individual applications.

(2) PENALTY- Whoever knowingly uses, publishes, or permits information to be examined in violation of this subsection shall be fined not more than $10,000.

(e) REGULATIONS-

(1) PROPOSED REGULATION- Not later than 60 days after the date of enactment of this Act, the Attorney General shall publish proposed regulations implementing this section.

(2) INTERIM, FINAL REGULATIONS- Not later than 120 days after the date of enactment of this Act, the Attorney General shall publish final regulations implementing this section. Such regulations shall be effective immediately on an interim basis, but shall be subject to change and revision after public notice and opportunity for a period of public comment.

(3) ELEMENTS OF REGULATIONS- In promulgating regulations described in paragraphs (1) and (2), the Attorney General shall do the following:

(A) APPLICATION FOR RELIEF- Establish a procedure allowing eligible individuals to apply affirmatively for the relief available under section 240A(b)(5) of the Immigration and Nationality Act (as added by this Act) without being placed in removal proceedings.

(B) CONTINUOUS PRESENCE- Ensure that an alien shall not be considered to have failed to maintain continuous physical presence in the United States for purposes of section 240A(b)(5)(ii) of the Immigration and Nationality Act (as added by this Act) by virtue of brief, casual, and innocent absences from the United States.

(f) CONFORMING AMENDMENT- Section 240A(b) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)), as amended by this Act, is further amended in paragraph (4) by striking `paragraph (1) or (2)' each place it occurs and inserting `paragraph (1), (2), or (5)'.

SEC. 5. ELIGIBILITY OF CANCELLATION APPLICANTS FOR EDUCATIONAL ASSISTANCE.

(a) QUALIFIED ALIENS- Section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)) is amended by adding at the end the following new paragraph:

`(8) for purposes of determining eligibility for postsecondary educational assistance, including grants, scholarships, and loans, an alien with respect to whom an application has been filed for relief under section 240A(b)(5) of the Immigration and Nationality Act, but whose application has not been finally adjudicated.'.

(b) EFFECTIVE DATE- The amendment made by this section shall apply as if enacted on August 22, 1996.

END