CC - Item VII. A - H.R. 1918 (CANNON) - Student Adjustment Act Of 2001V
r
I JUN 12 2001
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAGER
DATE: JUNE 12, 2001
RE: H.R. 1918 (CANNON) - STUDENT ADJUSTMENT ACT OF 2001
This item has been placed on the City Council's agenda for discussion purposes at the request of
Mayor Imperial. Attached are copies of H.R. 1918 and bill summary and status. H.R. 1918 amends
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to
determine state residency for higher education purposes and to amend the Immigration and
Nationality Act to cancel the removal and adjust the status of certain alien college-bound students
who are long-term U.S. residents.
This legislation was sponsored on May 21, 2001, by Congressman Chris Cannon (R-Utah) and
cosponsored by Congressman Howard Berman (D-Cal) and Congresswoman Lucille Roybal-Allard
(D-Cal).
RECOMMENDATION:
If it is the Council's decision to take action on this item, it is recommended the Council direct staff to
prepare the necessary correspondence.
ITEM No. 4.
Page 1 of 4
HR 1918 IH
107th CONGRESS
1st Session
H. R. 1918
To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States
to determine state residency for higher education purposes and to amend the Immigration and
Nationality Act to cancel the removal and adjust the status of certain alien college-bound students
who are long-term U.S. residents.
IN THE HOUSE OF REPRESENTATIVES
May 21, 2001
Mr. CANNON (for himself, Mr. BERMAN, and Ms. ROYBAL-ALLARD) introduced the following
bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on
Education and the Workforce, for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States
to determine state residency for higher education purposes and to amend the Immigration and
Nationality Act to cancel the removal and adjust the status of certain alien college-bound students
who are long-term U.S. residents.
Be it enacted by the Senate and House of Representatives of the United States ofAmerica in
Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the 'Student Adjustment Act of 2001'.
SEC. 2. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY
FOR PURPOSES OF HIGHER EDUCATION BENEFITS.
(a) IN GENERAL- Section 505 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat 3009-672; 8 U.S.C.
1623) is repealed.
(b) EFFECTIVE DATE- The repeal made by subsection (a) shall take effect as if included in
the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
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SEC. 3. ADJUSTMENT OF STATUS OF CERTAIN LONG-TERM RESIDENT
STUDENTS.
(a) IN GENERAL- Section 240A of the Immigration and Nationality Act (8 U.S.C. 1229b) is
amended--
(1) in paragraph (3) of subsection (b)--
(A) by striking 'paragraph (1) or (2)' and inserting 'paragraph (1), (2), or (3)' each
place it appears;
(B) by redesignating such paragraph as paragraph (5); and
(C) by moving such paragraph to follow paragraph (4);
(2) by inserting after paragraph (2) of subsection (b) the following new paragraph:
'(3) SPECIAL RULE FOR CHILDREN IN MIDDLE OR SECONDARY SCHOOL-
'(A) AUTHORITY- Subject to 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 demonstrates that--
(i) the alien has not, at the time of application, attained the age of 21;
'(ii) the alien was physically present in the United States on the date of the
enactment of the Student Adjustment Act of 2001 and has 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 has been a person of good moral character during such period;
and
'(iv) the alien, at the time of application, is enrolled at or above the 7th grade
level in a school in the United States or is enrolled in or actively pursuing
admission to 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).
The Attorney General shall provide a procedure by regulation allowing eligible
individuals to apply affirmatively for the relief available under this paragraph
without being placed in removal proceedings. An alien shall not be considered to
have failed to maintain continuous physical presence in the United States for
purposes of clause (ii) by virtue of brief, casual, and innocent absences from the
United States.
(B) RESTRICTIONS ON AUTHORITY- The provisions of this paragraph shall
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not apply to any of the following aliens:
'(i) An alien who is inadmissible under section 212(a)(2)(A)(i)(I) or is
deportable under section 237(a)(2)(A)(i) (relating to crimes of moral
turpitude), 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.
`(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) (relating to security and
related grounds).'; and
(3) in subsection (d)(1)(A), by inserting 'or (b)(3)' after 'subsection (b)(2)'.
(b) EXEMPTION FROM NUMERICAL LIMITATIONS- Section 240A(e)(3) of such Act (8
U.S.C. 1229b(e)(3)) is amended by adding at the end the following new subparagraph:
'(C) Aliens described in subsection (b)(3).'.
(c) GRANDFATHER PROVISIONS- For purpose of applying section 240A(b)(3) of the
Immigration and Nationality Act (as inserted by subsection (a)) with respect to an application
filed under such section not later than 120 days after the effective date of regulations
implementing this section--
(1) an individual shall be considered to be under the age of 21 if the individual's 21st
birthday occurs after the date of the enactment of this Act but no more than 120 days
after the effective date of such regulations; and
(2) an individual shall be treated as meeting the requirements of clauses (i), (ii), and (iv)
of subparagraph (A) of such section if--
(A) the individual would have met such requirements based upon an application
filed at any time during the 4-year period ending on the date of the enactment of
this Act; and
(B) the individual has graduated from, or is at the time of application enrolled in,
an institution of higher education in the United States (described in clause (iv) of
such subparagraph).
(d) CONFIDENTIALITY OF INFORMATION- Neither the Attorney General, nor any other
official or employee of the Department of Justice, or bureau or agency thereof, may--
(1) use the information furnished by the applicant pursuant to an application filed under
the amendments made by this section for any purpose other than to make a determination
on the application;
(2) make any publication whereby the information furnished by any particular individual
can be identified; or
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Bill Summary & Status
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Bill Summary & Status for the 1071h Congress
NEW SEARCH I HOME I HELP
H.R.1918
Sponsor: Rep Cannon, Chris (introduced 5/21/2001)
Latest Major Action: 5/30/2001 Referred to House subcommittee
Title: To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit
States to determine state residency for higher education purposes and to amend the Immigration and
Nationality Act to cancel the removal and adjust the status of certain alien college-bound students
who are long-term U.S. residents.
Jump to: Titles, Status, Committees, Related Bill Details, Amendments, Cosponsors, Summary
TITLE(S): (italics indicate a title for a portion of a bill)
. SHORT TITLE(S) AS INTRODUCED:
Student Adjustment Act of 2001
OFFICIAL TITLE AS INTRODUCED:
To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit
States to determine state residency for higher education purposes and to amend the Immigration
and Nationality Act to cancel the removal and adjust the status of certain alien college-bound
students who are long-term U.S. residents.
STATUS: (color indicates Senate actions)
5/21/2001:
Referred to the Committee on the Judiciary, and in addition to the Committee on Education and
the Workforce, for a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the committee concerned.
5/21/2001:
Referred to House Judiciary
5/30/2001:
Referred to the Subcommittee on Immigration and Claims.
5/21/2001:
Referred to House Education and the Workforce
COMMITTEE(S):
Committee/Subcommittee: Activity:
House Education and the Referral
Workforce
House Judiciary Referral
Subcommittee on Referral
{mmigration and Claims
12ELATED BILL DETAILS:
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Bill Summary & Status
***NONE***
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AMENDMENT(S):
***NONE***
COSPONSORS(2), ALPHABETICAL [followed by Cosponsors withdrawn]: (Sort: by date)
Rep Berman. Howard L. - 5/21/2001 Rep &oybal-Allard, Lucille - 5/21/2001
SUMMARY:
***NONE***
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(3) permit anyone other than the sworn officers and employees of the Department or
bureau or agency or, with respect to applications filed with a designated entity, that
designated entity, to examine individual applications.
Whoever knowingly uses, publishes, or permits information to be examined in violation of this
subsection shall be fined not more than $10,000.
(e) ELIGIBILITY OF CANCELLATION APPLICANTS FOR FEDERAL EDUCATIONAL
ASSISTANCE- Section 431(b) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1641(b)) is amended--
(1) by striking or' at the end of paragraph (6) and inserting a comma;
(2) by striking the period at the end of paragraph (7) and inserting or'; and
(3) by adding at the end the following new paragraph:
'(8) an alien who has been granted relief under section 240A(b)(3) of the Immigration
and Nationality Act, or with respect to whom an application under such section has been
filed but not finally been adjudicated.'.
(f) REGULATIONS-
(1) PROPOSED REGULATIONS- Not later than 60 days after the date of the 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 the
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 are
subject to change and revision after public notice and opportunity for a period for public
comment.
END
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Yes: Bruesch, Taylor, Imperial, Clark, Vasquez
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
VI. STATUS REPORTS -None
V1I. MATTERS FROM OFFICIALS
R. 1918 (CANNON)- STUDENT ADJUSTMENT ACT OF 2001
= 31
Mayor Imperial stated that.this bill will allow anyone that comes across the border
illegally and is determined to have state residency status, will be able to attend a public school or
college.
MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMEMBER CLARK
that the Council oppose H.R. 1918 (Cannon), and direct staff to prepare the necessary
correspondence. Vote resulted:
Yes:
Taylor, Imperial, Clark, Vasquez
No:
Biuesch
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
Mayor Pro Tern Bruesch stated that lie voted no because the bill states that if a student
has been here for five years, his/her status can be readjusted. Therefore, the student will already
be a resident of that community and should be able to attend a public school.
Councilmember Clark stated that she has a problem with that because these are people
who arrived here illegally, and will be using taxpayers money to attend college. Ms. Clark stated
that it is difficult enough for citizens of this country to obtain financial aid.
Councilman Taylor stated that lie objects to the bill also because it states it amends the
"Illegal" Immigration Reform, etc. Mr. Taylor continued that there are too many exceptions in
the bill.
Councilman Vasquez stated that he agrees with Councilman Taylor and Councilmember
Clark.
VLII. ORAL COMMUNICATIONS FROM THE AUDIENCE -None
IX. ADJOURNMENT
There being no further action to be taken at this time, the meeting was adjourned at 8:08
p.m. The next regular meeting will be held on Tuesday, June 26, 2001, at 8:08 p.m.
Respectfully submitted:
City Clerk
APPROVED:
M__ I I
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