Summary: H.R.4966 — 106th Congress (1999-2000)All Information (Except Text)

There is one summary for H.R.4966. Bill summaries are authored by CRS.

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Introduced in House (07/26/2000)

Restoration of Fairness in Immigration Law Act of 2000 - Title I: Due Process in Immigration Proceedings - Subtitle A: Judicial Review in Immigration Proceedings - Amends the Immigration and Nationality Act (Act) with respect to judicial review of: (1) administrative hearings and habeas corpus; (2) asylum determinations; (3) alien apprehension and detention; (4) document fraud waivers; (5) orders issued in absentia; and (6) denial of voluntary departure requests.

Subtitle B: Fairness in Removal Proceedings - Amends the Act with respect to removal proceeding provisions, including: (1) burden of proof for admissibility; (2) presumption in favor of withdrawal of admission application; (3) emergency absences; and (4) reinstatement of removal orders against illegal reentry.

Subtitle C: Fairness in Detention - Amends the Act with respect to specified detention provisions, including the establishment of a detention alternatives pilot program.

Subtitle D: Consular Review of Visa Applications - Amends the Act to direct the Secretary of State to establish a Board of Visa Appeals.

Title II: Fairness and Equity in Cases Involving Previous and Minor Misconduct - Subtitle A: Increased Fairness and Equity Concerning Removal Proceedings - Amends the Act to revise specified removal proceedings provisions.

Subtitle B: Increased Fairness and Equity Concerning 5-Year Bars to Admission and Other Grounds for Exclusion - Amends the Act to authorize admission ban waivers and other restrictions on inadmissibility with respect to aliens who: (1) abuse student visa provisions; (2) fail to attend removal proceedings; (3) make false citizenship claims; and (4) have committed minor criminal offenses.

Title III: Encouraging Family Reunification - Subtitle A: Reuniting Family Members - Amends the Act with respect to: (1) visas for spouses and children of permanent residents temporarily waiting for visa numbers; and (2) refugee and asylee status for unmarried sons and daughters of refugees and asylees, respectively.

Establishes specified protections against processing delays for children.

Subtitle B: Limited Waiver of Grounds of Admissibility - Amends the Act to provide discretionary waivers of inadmissibility with respect to: (1) family members; and (2) unusual circumstances.

Subtitle C: Eliminating Unfairness and Waste in Section 245(i) Waivers - Amends the Act to eliminate the restriction that only aliens with preference petitions or labor certifications filed by January, 14, 1998, are eligible to adjust to permanent resident status without leaving the United States if they entered without inspection or fall within one of other specified classes.

Subtitle D: Equitable Procedures Concerning Voluntary Departure - Amends the Act with respect to voluntary departure to make discretionary: (1) determination of period of voluntary departure; (2) determination of voluntary departure bond based on individual circumstances; and (3) related penalties.

Subtitle E: Fairness in Determination of Public Charge - Amends the Act with respect to specified public charge provisions.

Title IV: Fairness in Asylum and Public Refugee Proceedings - Subtitle A: Increased Fairness in Asylum Proceedings - Amends the Act to provide for gender-based refugee status.

Subtitle B: Increased Fairness sand Rationality in Refugee Consultations - Amends the Act with respect to refugee admission consultations.

Title V: Increased Fairness and Equity in Naturalization and Legalization Proceedings - Subtitle A: Naturalization Proceedings - Amends the Act to authorize appropriations for immigration petition processing and backlog reduction.

Waives the English language requirement and provides special consideration for the civics requirement with respect to the naturalization of certain aliens who served with special guerilla units operating from Cambodia or Vietnam.

Subtitle B: Parity in Treatment for Refugees from Central America and Haiti - Amends the Nicaraguan Adjustment and Central American Relief Act (Act) to: (1) extend permanent resident status adjustment provisions to qualifying Salvadoran, Guatemalan, Honduran, and Haitian nationals; and (2) extend the application filing deadline.

Permits certain pending applications filed by Salvadoran or Guatemalan nationals under the Act or Haitian nationals under the Haitian Refugee Immigration Fairness Act of 1998 to be converted to an application for status adjustment under the Act.

Amends such Acts to: (1) authorize the Attorney General to waive certain grounds of inadmissibility; and (2) provide for issuance of immigrant visas to certain spouses and children.

Provides for the limited reopening of certain orders of deportation, exclusion, or removal by certain Haitian, Cuban, or Nicaraguan nationals.

Subtitle C: Equality of Treatment for Women's Citizenship - Declares as U.S. citizens certain deceased women who lost their U.S. citizenship solely because of marriage to an alien.

Subtitle D: Fairness in the Treatment for Refugees from Liberia - Provides for the permanent resident status adjustment of certain Liberian nationals.

Subtitle E: Fairness in Review of Previously Granted Amnesty Rights - Amends the Act to eliminate the court jurisdiction limitation with respect to judicial review of denied status adjustment applications for certain (unlawful status) aliens.

Subtitle F: Legal Amnesty Restoration - Amends the Act to extend registry benefits to aliens who entered the United States prior to January1, 1986.

Subtitle G: Equality of Treatment for Asian American Visa Petitions - Amends the Act to extend preferential immigrant treatment to certain U.S.-fathered aliens born in the Philippines or Japan.

Title VI: Fairness and Compassion in the Treatment of Battered Immigrants - Amends the Act to modify procedures and provide special rules for battered spouses and children with respect to: (1) adjustment of status; (2) removal and deportation; (3) implementation of immigration provisions in the Violence Against Women Act (VAWA); (4) waivers and exceptions to inadmissibility for otherwise qualified battered immigrants; (5) calculation of physical presence in VAWA cancellation of removal proceedings and suspension of deportation proceedings; (6) VAWA immigration protections; (7) VAWA cancellation of removal and adjustment of status for certain nonpermanent residents; and (8) good moral character determinations for self-petitioning immediate relatives.

Prescribes guidelines for inapplicability of public charge determinations for designated aliens.

Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to redefine "qualified alien" to include certain battered aliens for purposes of welfare and public benefits eligibility.

Amends the Housing and Community Development Act of 1980 to declare restrictions on the use of assisted housing inapplicable to certain battered aliens.

Amends the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1998 to provide that requirements and restrictions placed upon Legal Services Corporation funding shall not be construed to prohibit a recipient from providing related legal assistance to certain aliens who have been battered or subjected to extreme cruelty.

Directs the Violence Against Women Grants Office in the Department of Justice to report on services for underserved populations.

Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Act) to include legal advocacy for domestic violence in immigration cases under the program of grants to encourage arrest policies.

Includes alienage status within the definition of "underserved populations."

Amends the Violent Crime Control and Law Enforcement Act of 1994 to include immigration-related matters under the program of rural domestic violence and child abuse enforcement grants.

Amends the Family Violence Prevention and Services Act to include alienage status within the scope of underserved populations.

Amends the Department of Justice Appropriations Act, 1999 to obligate funds for grants to combat violence against women, which shall include immigration-related matters.

Amends the Higher Education Amendments of 1998 to include immigration-related matters under the program of campus domestic violence grants.

Amends the Act to require each branch of the U.S. military to train its supervisory military officers in domestic violence dynamics in military families, and the protections available for battered immigrant women and children.

Expands the purposes of training grants to combat violent crimes against women to include: (1) training immigration and asylum officers and judges; and (2) training justice system personnel on the judicial ramifications of the Violence Against Women Act, and the potential immigration consequences for perpetrators of domestic violence.

Amends the Act to express the intent of the Congress that statutory constraints upon the powers of immigration personnel not be construed as discouraging crime and domestic violence victims from reporting crimes to the police, from cooperating in criminal prosecutions, or from obtaining the legal relief needed for protection from ongoing violence.

Amends the Act to establish a humanitarian-material witness nonimmigrant classification.

Extends access for battered spouses and children under the Nicaraguan and Central American Relief Act, the Haitian Refugee Immigration Fairness Act of 1998, and Federal law relating to Cuban adjustment.

Title VII: Unused Employment-Based Immigrant Visas - Provides for the recapture of unused employment-based immigrant visas.

Title VIII: Miscellaneous Provisions - Amends the Act with respect to: (1) the Board of Immigration Appeals; (2) asset forfeiture; (3) parole authority; (4) erroneous asylum applications; and (5) use of State personnel to carry out immigration functions.

Directs the Commissioner of the Immigration and Naturalization Service to establish an Office of Border Patrol Recruitment and Retention. Authorizes appropriations.

Authorizes appropriations to carry out this Act.

Title IX: Effective Dates - Sets forth effective dates.