| 8 USC 1255a
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 12--IMMIGRATION AND NATIONALITY
SUBCHAPTER II--IMMIGRATION
Part V--Adjustment and Change of Status Jump to the relevant civil rights provision
Sec. 1255a. Adjustment of status of certain entrants before
January 1, 1982, to that of person admitted for lawful residence
(a) Temporary resident status
The Attorney General shall adjust the status of an alien to that of
an alien lawfully admitted for temporary residence if the alien meets
the following requirements:
(1) Timely application
(A) During application period
Except as provided in subparagraph (B), the alien must apply
for such adjustment during the 12-month period beginning on a
date (not later than 180 days after November 6, 1986) designated
by the Attorney General.
(B) Application within 30 days of show-cause order
An alien who, at any time during the first 11 months of the
12-month period described in subparagraph (A), is the subject of
an order to show cause issued under section 1252 of this title
(as in effect before October 1, 1996), must make application
under this section not later than the end of the 30-day period
beginning either on the first day of such 12-month period or on
the date of the issuance of such order, whichever day is later.
(C) Information included in application
Each application under this subsection shall contain such
information as the Attorney General may require, including
information on living relatives of the applicant with respect to
whom a petition for preference or other status may be filed by
the applicant at any later date under section 1154(a) of this
title.
(2) Continuous unlawful residence since 1982
(A) In general
The alien must establish that he entered the United States
before January 1, 1982, and that he has resided continuously in
the United States in an unlawful status since such date and
through the date the application is filed under this subsection.
(B) Nonimmigrants
In the case of an alien who entered the United States as a
nonimmigrant before January 1, 1982, the alien must establish
that the alien's period of authorized stay as a nonimmigrant
expired before such date through the passage of time or the
alien's unlawful status was known to the Government as of such
date.
(C) Exchange visitors
If the alien was at any time a nonimmigrant exchange alien
(as defined in section 1101(a)(15)(J) of this title), the alien
must establish that the alien was not subject to the two-year
foreign residence requirement of section 1182(e) of this title
or has fulfilled that requirement or received a waiver thereof.
(3) Continuous physical presence since November 6, 1986
(A) In general
The alien must establish that the alien has been
continuously physically present in the United States since
November 6, 1986.
(B) Treatment of brief, casual, and innocent absences
An alien shall not be considered to have failed to maintain
continuous physical presence in the United States for purposes
of subparagraph (A) by virtue of brief, casual, and innocent
absences from the United States.
(C) Admissions
Nothing in this section shall be construed as authorizing an
alien to apply for admission to, or to be admitted to, the
United States in order to apply for adjustment of status under
this subsection.
(4) Admissible as immigrant
The alien must establish that he--
(A) is admissible to the United States as an immigrant,
except as otherwise provided under subsection (d)(2) of this
section,
(B) has not been convicted of any felony or of three or more
misdemeanors committed in the United States,
(C) has not assisted in the persecution of any person or
persons on account of race, religion, nationality, membership in
a particular social group, or political opinion, and
(D) is registered or registering under the Military
Selective Service Act [50 App. U.S.C. 451 et seq.], if the alien
is required to be so registered under that Act.
For purposes of this subsection, an alien in the status of a Cuban
and Haitian entrant described in paragraph (1) or (2)(A) of section
501(e) of Public Law 96-422 [8 U.S.C. 1522 note] shall be considered
to have entered the United States and to be in an unlawful status in
the United States.
(b) Subsequent adjustment to permanent residence and nature of temporary
resident status
(1) Adjustment to permanent residence
The Attorney General shall adjust the status of any alien
provided lawful temporary resident status under subsection (a) of
this section to that of an alien lawfully admitted for permanent
residence if the alien meets the following requirements:
(A) Timely application after one year's residence
The alien must apply for such adjustment during the 2-year
period beginning with the nineteenth month that begins after the
date the alien was granted such temporary resident status.
(B) Continuous residence
(i) In general
The alien must establish that he has continuously
resided in the United States since the date the alien was
granted such temporary resident status.
(ii) Treatment of certain absences
An alien shall not be considered to have lost the
continuous residence referred to in clause (i) by reason of
an absence from the United States permitted under paragraph
(3)(A).
(C) Admissible as immigrant
The alien must establish that he--
(i) is admissible to the United States as an immigrant,
except as otherwise provided under subsection (d)(2) of this
section, and
(ii) has not been convicted of any felony or three or
more misdemeanors committed in the United States.
(D) Basic citizenship skills
(i) In general
The alien must demonstrate that he either--
(I) meets the requirements of section 1423(a) of
this title (relating to minimal understanding of
ordinary English and a knowledge and understanding of
the history and government of the United States), or
(II) is satisfactorily pursuing a course of study
(recognized by the Attorney General) to achieve such an
understanding of English and such a knowledge and
understanding of the history and government of the
United States.
(ii) Exception for elderly or developmentally
disabled individuals
The Attorney General may, in his discretion, waive all
or part of the requirements of clause (i) in the case of an
alien who is 65 years of age or older or who is
developmentally disabled.
(iii) Relation to naturalization examination
In accordance with regulations of the Attorney General,
an alien who has demonstrated under clause (i)(I) that the
alien meets the requirements of section 1423(a) of this
title may be considered to have satisfied the requirements
of that section for purposes of becoming naturalized as a
citizen of the United States under subchapter III of this
chapter.
(2) Termination of temporary residence
The Attorney General shall provide for termination of temporary
resident status granted an alien under subsection (a) of this
section--
(A) if it appears to the Attorney General that the alien was
in fact not eligible for such status;
(B) if the alien commits an act that (i) makes the alien
inadmissible to the United States as an immigrant, except as
otherwise provided under subsection (d)(2) of this section, or
(ii) is convicted of any felony or three or more misdemeanors
committed in the United States; or
(C) at the end of the 43rd first month beginning after the
date the alien is granted such status, unless the alien has
filed an application for adjustment of such status pursuant to
paragraph (1) and such application has not been denied.
(3) Authorized travel and employment during temporary
residence
During the period an alien is in lawful temporary resident
status granted under subsection (a) of this section--
(A) Authorization of travel abroad
The Attorney General shall, in accordance with regulations,
permit the alien to return to the United States after such brief
and casual trips abroad as reflect an intention on the part of
the alien to adjust to lawful permanent resident status under
paragraph (1) and after brief temporary trips abroad occasioned
by a family obligation involving an occurrence such as the
illness or death of a close relative or other family need.
(B) Authorization of employment
The Attorney General shall grant the alien authorization to
engage in employment in the United States and provide to that
alien an ``employment authorized'' endorsement or other
appropriate work permit.
(c) Applications for adjustment of status
(1) To whom may be made
The Attorney General shall provide that applications for
adjustment of status under subsection (a) of this section may be
filed--
(A) with the Attorney General, or
(B) with a qualified designated entity, but only if the
applicant consents to the forwarding of the application to the
Attorney General.
As used in this section, the term ``qualified designated entity''
means an organization or person designated under paragraph (2).
(2) Designation of qualified entities to receive
applications
For purposes of assisting in the program of legalization
provided under this section, the Attorney General--
(A) shall designate qualified voluntary organizations and
other qualified State, local, and community organizations, and
(B) may designate such other persons as the Attorney General
determines are qualified and have substantial experience,
demonstrated competence, and traditional long-term involvement
in the preparation and submittal of applications for adjustment
of status under section 1159 or 1255 of this title, Public Law
89-732 [8 U.S.C. 1255 note], or Public Law 95-145 [8 U.S.C. 1255
note].
(3) Treatment of applications by designated entities
Each qualified designated entity must agree to forward to the
Attorney General applications filed with it in accordance with
paragraph (1)(B) but not to forward to the Attorney General
applications filed with it unless the applicant has consented to
such forwarding. No such entity may make a determination required by
this section to be made by the Attorney General.
(4) Limitation on access to information
Files and records of qualified designated entities relating to
an alien's seeking assistance or information with respect to filing
an application under this section are confidential and the Attorney
General and the Service shall not have access to such files or
records relating to an alien without the consent of the alien.
(5) Confidentiality of information
(A) In general
Except as provided in this paragraph, neither the Attorney
General, nor any other official or employee of the Department of
Justice, or bureau or agency thereof, may--
(i) use the information furnished by the applicant
pursuant to an application filed under this section for any
purpose other than to make a determination on the
application, for enforcement of paragraph (6), or for the
preparation of reports to Congress under section 404 of the
Immigration Reform and Control Act of 1986;
(ii) make any publication whereby the information
furnished by any particular applicant can be identified; or
(iii) 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.
(B) Required disclosures
The Attorney General shall provide the information furnished
under this section, and any other information derived from such
furnished information, to a duly recognized law enforcement
entity in connection with a criminal investigation or
prosecution, when such information is requested in writing by
such entity, or to an official coroner for purposes of
affirmatively identifying a deceased individual (whether or not
such individual is deceased as a result of a crime).
(C) Authorized disclosures
The Attorney General may provide, in the Attorney General's
discretion, for the furnishing of information furnished under
this section in the same manner and circumstances as census
information may be disclosed by the Secretary of Commerce under
section 8 of title 13.
(D) Construction
(i) In general
Nothing in this paragraph shall be construed to limit
the use, or release, for immigration enforcement purposes or
law enforcement purposes of information contained in files
or records of the Service pertaining to an application filed
under this section, other than information furnished by an
applicant pursuant to the application, or any other
information derived from the application, that is not
available from any other source.
(ii) Criminal convictions
Information concerning whether the applicant has at any
time been convicted of a crime may be used or released for
immigration enforcement or law enforcement purposes.
(E) Crime
Whoever knowingly uses, publishes, or permits information to
be examined in violation of this paragraph shall be fined not
more than $10,000.
(6) Penalties for false statements in applications
Whoever files an application for adjustment of status under this
section and knowingly and willfully falsifies, misrepresents,
conceals, or covers up a material fact or makes any false,
fictitious, or fraudulent statements or representations, or makes or
uses any false writing or document knowing the same to contain any
false, fictitious, or fraudulent statement or entry, shall be fined
in accordance with title 18 or imprisoned not more than five years,
or both.
(7) Application fees
(A) Fee schedule
The Attorney General shall provide for a schedule of fees to
be charged for the filing of applications for adjustment under
subsection (a) or (b)(1) of this section. The Attorney General
shall provide for an additional fee for filing an application
for adjustment under subsection (b)(1) of this section after the
end of the first year of the 2-year period described in
subsection (b)(1)(A) of this section.
(B) Use of fees
The Attorney General shall deposit payments received under
this paragraph in a separate account and amounts in such account
shall be available, without fiscal year limitation, to cover
administrative and other expenses incurred in connection with
the review of applications filed under this section.
(C) Immigration-related unfair employment practices
Not to exceed $3,000,000 of the unobligated balances
remaining in the account established in subparagraph (B) shall
be available in fiscal year 1992 and each fiscal year thereafter
for grants, contracts, and cooperative agreements to community-
based organizations for outreach programs, to be administered by
the Office of Special Counsel for Immigration-Related Unfair
Employment Practices: Provided, That such amounts shall be in
addition to any funds appropriated to the Office of Special
Counsel for such purposes: Provided further, That none of the
funds made available by this section shall be used by the Office
of Special Counsel to establish regional offices.
(d) Waiver of numerical limitations and certain grounds for exclusion
(1) Numerical limitations do not apply
The numerical limitations of sections 1151 and 1152 of this
title shall not apply to the adjustment of aliens to lawful
permanent resident status under this section.
(2) Waiver of grounds for exclusion
In the determination of an alien's admissibility under
subsections (a)(4)(A), (b)(1)(C)(i), and (b)(2)(B) of this section--
(A) Grounds of exclusion not applicable
The provisions of paragraphs (5) and (7)(A) of section
1182(a) of this title shall not apply.
(B) Waiver of other grounds
(i) In general
Except as provided in clause (ii), the Attorney General
may waive any other provision of section 1182(a) of this
title in the case of individual aliens for humanitarian
purposes, to assure family unity, or when it is otherwise in
the public interest.
(ii) Grounds that may not be waived
The following provisions of section 1182(a) of this
title may not be waived by the Attorney General under clause
(i):
(I) Paragraphs (2)(A) and (2)(B) (relating to
criminals).
(II) Paragraph (2)(C) (relating to drug offenses),
except for so much of such paragraph as relates to a
single offense of simple possession of 30 grams or less
of marihuana.
(III) Paragraph (3) (relating to security and
related grounds).
(IV) Paragraph (4) (relating to aliens likely to
become public charges) insofar as it relates to an
application for adjustment to permanent residence.
Subclause (IV) (prohibiting the waiver of section 1182(a)(4)
of this title) shall not apply to an alien who is or was an
aged, blind, or disabled individual (as defined in section
1614(a)(1) of the Social Security Act [42 U.S.C.
1382c(a)(1)]).
(iii) Special rule for determination of public
charge
An alien is not ineligible for adjustment of status
under this section due to being inadmissible under section
1182(a)(4) of this title if the alien demonstrates a history
of employment in the United States evidencing self-support
without receipt of public cash assistance.
(C) Medical examination
The alien shall be required, at the alien's expense, to
undergo such a medical examination (including a determination of
immunization status) as is appropriate and conforms to generally
accepted professional standards of medical practice.
(e) Temporary stay of deportation and work authorization for certain
applicants
(1) Before application period
The Attorney General shall provide that in the case of an alien
who is apprehended before the beginning of the application period
described in subsection (a)(1)(A) of this section and who can
establish a prima facie case of eligibility to have his status
adjusted under subsection (a) of this section (but for the fact that
he may not apply for such adjustment until the beginning of such
period), until the alien has had the opportunity during the first 30
days of the application period to complete the filing of an
application for adjustment, the alien--
(A) may not be deported, and
(B) shall be granted authorization to engage in employment
in the United States and be provided an ``employment
authorized'' endorsement or other appropriate work permit.
(2) During application period
The Attorney General shall provide that in the case of an alien
who presents a prima facie application for adjustment of status
under subsection (a) of this section during the application period,
and until a final determination on the application has been made in
accordance with this section, the alien--
(A) may not be deported, and
(B) shall be granted authorization to engage in employment
in the United States and be provided an ``employment
authorized'' endorsement or other appropriate work permit.
(f) Administrative and judicial review
(1) Administrative and judicial review
There shall be no administrative or judicial review of a
determination respecting an application for adjustment of status
under this section except in accordance with this subsection.
(2) No review for late filings
No denial of adjustment of status under this section based on a
late filing of an application for such adjustment may be reviewed by
a court of the United States or of any State or reviewed in any
administrative proceeding of the United States Government.
(3) Administrative review
(A) Single level of administrative appellate review
The Attorney General shall establish an appellate authority
to provide for a single level of administrative appellate review
of a determination described in paragraph (1).
(B) Standard for review
Such administrative appellate review shall be based solely
upon the administrative record established at the time of the
determination on the application and upon such additional or
newly discovered evidence as may not have been available at the
time of the determination.
(4) Judicial review
(A) Limitation to review of deportation
There shall be judicial review of such a denial only in the
judicial review of an order of deportation under section 1105a
of this title (as in effect before October 1, 1996).
(B) Standard for judicial review
Such judicial review shall be based solely upon the
administrative record established at the time of the review by
the appellate authority and the findings of fact and
determinations contained in such record shall be conclusive
unless the applicant can establish abuse of discretion or that
the findings are directly contrary to clear and convincing facts
contained in the record considered as a whole.
(C) Jurisdiction of courts
Notwithstanding any other provision of law, no court shall
have jurisdiction of any cause of action or claim by or on
behalf of any person asserting an interest under this section
unless such person in fact filed an application under this
section within the period specified by subsection (a)(1) of this
section, or attempted to file a complete application and
application fee with an authorized legalization officer of the
Service but had the application and fee refused by that officer.
(g) Implementation of section
(1) Regulations
The Attorney General, after consultation with the Committees on
the Judiciary of the House of Representatives and of the Senate,
shall prescribe--
(A) regulations establishing a definition of the term
``resided continuously'', as used in this section, and the
evidence needed to establish that an alien has resided
continuously in the United States for purposes of this section,
and
(B) such other regulations as may be necessary to carry out
this section.
(2) Considerations
In prescribing regulations described in paragraph (1)(A)--
(A) Periods of continuous residence
The Attorney General shall specify individual periods, and
aggregate periods, of absence from the United States which will
be considered to break a period of continuous residence in the
United States and shall take into account absences due merely to
brief and casual trips abroad.
(B) Absences caused by deportation or advanced parole
The Attorney General shall provide that--
(i) an alien shall not be considered to have resided
continuously in the United States, if, during any period for
which continuous residence is required, the alien was
outside the United States as a result of a departure under
an order of deportation, and
(ii) any period of time during which an alien is outside
the United States pursuant to the advance parole procedures
of the Service shall not be considered as part of the period
of time during which an alien is outside the United States
for purposes of this section.
(C) Waivers of certain absences
The Attorney General may provide for a waiver, in the
discretion of the Attorney General, of the periods specified
under subparagraph (A) in the case of an absence from the United
States due merely to a brief temporary trip abroad required by
emergency or extenuating circumstances outside the control of
the alien.
(D) Use of certain documentation
The Attorney General shall require that--
(i) continuous residence and physical presence in the
United States must be established through documents,
together with independent corroboration of the information
contained in such documents, and
(ii) the documents provided under clause (i) be
employment-related if employment-related documents with
respect to the alien are available to the applicant.
(3) Interim final regulations
Regulations prescribed under this section may be prescribed to
take effect on an interim final basis if the Attorney General
determines that this is necessary in order to implement this section
in a timely manner.
(h) Temporary disqualification of newly legalized aliens from receiving
certain public welfare assistance
(1) In general
During the five-year period beginning on the date an alien was
granted lawful temporary resident status under subsection (a) of
this section, and notwithstanding any other provision of law--
(A) except as provided in paragraphs (2) and (3), the alien
is not eligible for--
(i) any program of financial assistance furnished under
Federal law (whether through grant, loan, guarantee, or
otherwise) on the basis of financial need, as such programs
are identified by the Attorney General in consultation with
other appropriate heads of the various departments and
agencies of Government (but in any event including the State
program of assistance under part A of title IV of the Social
Security Act [42 U.S.C. 601 et seq.]),
(ii) medical assistance under a State plan approved
under title XIX of the Social Security Act [42 U.S.C. 1396
et seq.], and
(iii) assistance under the Food Stamp Act of 1977 [7
U.S.C. 2011 et seq.]; and
(B) a State or political subdivision therein may, to the
extent consistent with subparagraph (A) and paragraphs (2) and
(3), provide that the alien is not eligible for the programs of
financial assistance or for medical assistance described in
subparagraph (A)(ii) furnished under the law of that State or
political subdivision.
Unless otherwise specifically provided by this section or other law,
an alien in temporary lawful residence status granted under
subsection (a) of this section shall not be considered (for purposes
of any law of a State or political subdivision providing for a
program of financial assistance) to be permanently residing in the
United States under color of law.
(2) Exceptions
Paragraph (1) shall not apply--
(A) to a Cuban and Haitian entrant (as defined in paragraph
(1) or (2)(A) of section 501(e) of Public Law 96-422 [8 U.S.C.
1255 note], as in effect on April 1, 1983), or
(B) in the case of assistance (other than assistance under a
State program funded under part A of title IV of the Social
Security Act [42 U.S.C. 601 et seq.]) which is furnished to an
alien who is an aged, blind, or disabled individual (as defined
in section 1614(a)(1) of the Social Security Act [42 U.S.C.
1382c(a)(1)]).
(3) Restricted medicaid benefits
(A) Clarification of entitlement
Subject to the restrictions under subparagraph (B), for the
purpose of providing aliens with eligibility to receive medical
assistance--
(i) paragraph (1) shall not apply,
(ii) aliens who would be eligible for medical assistance
but for the provisions of paragraph (1) shall be deemed, for
purposes of title XIX of the Social Security Act [42 U.S.C.
1396 et seq.], to be so eligible, and
(iii) aliens lawfully admitted for temporary residence
under this section, such status not having changed, shall be
considered to be permanently residing in the United States
under color of law.
(B) Restriction of benefits
(i) Limitation to emergency services and services
for pregnant women
Notwithstanding any provision of title XIX of the Social
Security Act [42 U.S.C. 1396 et seq.] (including
subparagraphs (B) and (C) of section 1902(a)(10) of such Act
[42 U.S.C. 1396a(a)(10)(B), (C)]), aliens who, but for
subparagraph (A), would be ineligible for medical assistance
under paragraph (1), are only eligible for such assistance
with respect to--
(I) emergency services (as defined for purposes of
section 1916(a)(2)(D) of the Social Security Act [42
U.S.C. 1396o(a)(2)(D)]), and
(II) services described in section 1916(a)(2)(B) of
such Act (relating to service for pregnant women).
(ii) No restriction for exempt aliens and children
The restrictions of clause (i) shall not apply to aliens
who are described in paragraph (2) or who are under 18 years
of age.
(C) Definition of medical assistance
In this paragraph, the term ``medical assistance'' refers to
medical assistance under a State plan approved under title XIX
of the Social Security Act [42 U.S.C. 1396 et seq.].
(4) Treatment of certain programs
Assistance furnished under any of the following provisions of
law shall not be construed to be financial assistance described in
paragraph (1)(A)(i):
(A) The National School Lunch Act [42 U.S.C. 1751 et seq.].
(B) The Child Nutrition Act of 1966 [42 U.S.C. 1771 et
seq.].
(C) The Vocational Education Act of 1963 [20 U.S.C. 2301 et
seq.].
(D) Title I of the Elementary and Secondary Education Act of
1965 [20 U.S.C. 6301 et seq.].
(E) The Headstart-Follow Through Act [42 U.S.C. 2921 et
seq.].
(F) The Job Training Partnership Act [29 U.S.C. 1501 et
seq.].
(G) Title IV of the Higher Education Act of 1965 [20 U.S.C.
1070 et seq., 42 U.S.C. 2751 et seq.].
(H) The Public Health Service Act [42 U.S.C. 201 et seq.].
(I) Titles V, XVI, and XX [42 U.S.C. 701 et seq., 1381 et
seq., 1397 et seq.], and parts B, D, and E of title IV [42
U.S.C. 620 et seq., 651 et seq., 670 et seq.], of the Social
Security Act (and titles I, X, XIV, and XVI of such Act [42
U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.] as
in effect without regard to the amendment made by section 301 of
the Social Security Amendments of 1972).
(5) Adjustment not affecting Fascell-Stone benefits
For the purpose of section 501 of the Refugee Education
Assistance Act of 1980 (Public Law 96-122) \1\ [8 U.S.C. 1255 note],
assistance shall be continued under such section with respect to an
alien without regard to the alien's adjustment of status under this
section.
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``(Public Law 96-422)''.
---------------------------------------------------------------------------
(i) Dissemination of information on legalization program
Beginning not later than the date designated by the Attorney General
under subsection (a)(1)(A) of this section, the Attorney General, in
cooperation with qualified designated entities, shall broadly
disseminate information respecting the benefits which aliens may receive
under this section and the requirements to obtain such benefits.
(June 27, 1952, ch. 477, title II, ch. 5, Sec. 245A, as added Nov. 6,
1986, Pub. L. 99-603, title II, Sec. 201(a)(1), 100 Stat. 3394; amended
Oct. 24, 1988, Pub. L. 100-525, Sec. 2(h)(1), 102 Stat. 2611; Nov. 29,
1990, Pub. L. 101-649, title VI, Sec. 603(a)(13), title VII, Sec. 703,
104 Stat. 5083, 5086; Oct. 28, 1991, Pub. L. 102-140, title I, 105 Stat.
785; Dec. 12, 1991, Pub. L. 102-232, title III, Sec. 307(l)(6), 105
Stat. 1756; Oct. 20, 1994, Pub. L. 103-382, title III, Sec. 394(g), 108
Stat. 4028; Oct. 25, 1994, Pub. L. 103-416, title I, Sec. 108(b), title
II, Sec. 219(l)(1), 108 Stat. 4310, 4317; Apr. 24, 1996, Pub. L. 104-
132, title IV, Sec. 431(a), 110 Stat. 1273; Aug. 22, 1996, Pub. L. 104-
193, title I, Sec. 110(s)(2), 110 Stat. 2175; Sept. 30, 1996, Pub. L.
104-208, div. C, title III, Secs. 308(g)(2)(B), (5)(A)(iii), 377(a),
384(d)(1), title VI, Sec. 623(a), 110 Stat. 3009-622, 3009-623, 3009-
649, 3009-653, 3009-696.)
References in Text
The Military Selective Service Act, referred to in subsec.
(a)(4)(D), is act June 24, 1948, ch. 625, 62 Stat. 604, as amended,
which is classified principally to section 451 et seq. of Title 50,
Appendix, War and National Defense. For complete classification of this
Act to the Code, see note set out under section 451 of Title 50,
Appendix, and Tables.
Public Law 96-422, referred to in subsecs. (a) and (h)(2)(A), (5),
is Pub. L. 96-422, Oct. 10, 1980, 94 Stat. 1799, as amended, which is
known as the Refugee Education Assistance Act of 1980, and is set out as
a note under section 1522 of this title.
Public Law 89-732, referred to in subsec. (c)(2)(B), is Pub. L. 89-
732, Nov. 2, 1966, 80 Stat. 1161, as amended, which is set out as a note
under section 1255 of this title.
Public Law 95-145, referred to in subsec. (c)(2)(B), is Pub. L. 95-
145, Oct. 28, 1977, 91 Stat. 1223, as amended. Title I of Pub. L. 95-145
is set out as a note under section 1255 of this title. Title II of Pub.
L. 95-145 amended Pub. L. 94-23, which was set out as a note under
section 2601 of Title 22, Foreign Relations and Intercourse, and was
repealed by Pub. L. 96-212, title III, Sec. 312(c), Mar. 17, 1980, 94
Stat. 117.
Section 404 of the Immigration Reform and Control Act of 1986,
referred to in subsec. (c)(5)(A)(i), is section 404 of Pub. L. 99-603
which is set out as a note below.
Section 1105a of this title, referred to in subsec. (f)(4)(A), was
repealed by Pub. L. 104-208, div. C, title III, Sec. 306(b), Sept. 30,
1996, 110 Stat. 3009-612.
The Social Security Act, referred to in subsec. (h)(1)(A), (2)(B),
(3)(A)(ii), (B)(i), (C), (4)(I), is act Aug. 14, 1935, ch. 531, 49 Stat.
620, as amended. Parts A, B, D, and E of title IV of the Social Security
Act are classified generally to parts A (Sec. 601 et seq.), B (Sec. 620
et seq.), D (Sec. 651 et seq.), and E (Sec. 670 et seq.), respectively,
of subchapter IV of chapter 7 of Title 42, The Public Health and
Welfare. Titles I, V, X, XIV, XVI, XIX, and XX of the Social Security
Act are classified generally to subchapters I (Sec. 301 et seq.), V
(Sec. 701 et seq.), X (Sec. 1201 et seq.), XIV (Sec. 1351 et seq.), XVI
(Sec. 1381 et seq.), XIX (Sec. 1396 et seq.), and XX (Sec. 1397 et
seq.), respectively, of chapter 7 of Title 42. For complete
classification of this Act to the Code, see section 1305 of Title 42 and
Tables.
Section 301 of the Social Security Amendments of 1972, referred to
in subsec. (h)(4)(I), is section 301 of Pub. L. 92-603, title III, Oct.
30, 1972, 86 Stat. 1465, which enacted sections 1381 to 1382e and 1383
to 1383c of Title 42.
The Food Stamp Act of 1977, referred to in subsec. (h)(1)(A)(iii),
is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is
classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7,
Agriculture. For complete classification of this Act to the Code, see
Short Title note set out under section 2011 of Title 7 and Tables.
The National School Lunch Act, referred to in subsec. (h)(4)(A), is
act June 4, 1946, ch. 281, 60 Stat. 230, as amended, which is classified
generally to chapter 13 (Sec. 1751 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code,
see Short Title note set out under section 1751 of Title 42 and Tables.
The Child Nutrition Act of 1966, referred to in subsec. (h)(4)(B),
is Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 885, as amended, which is
classified generally to chapter 13A (Sec. 1771 et seq.) of Title 42. For
complete classification of this Act to the Code, see Short Title note
set out under section 1771 of Title 42 and Tables.
The Vocational Education Act of 1963, referred to in subsec.
(h)(4)(C), was title I of Pub. L. 88-210, Dec. 18, 1963, 77 Stat. 403,
as amended generally by Pub. L. 94-482, title II, Sec. 202(a), Oct. 12,
1976, 90 Stat. 2169, which was classified to chapter 44 (Sec. 2301 et
seq.) of Title 20, Education, prior to amendment by Pub. L. 98-524,
Sec. 1, Oct. 19, 1984, 98 Stat. 2435, striking out all after the
enacting clause and inserting in lieu thereof titles I to V, to be cited
as the Carl D. Perkins Vocational Education Act. Subsequently, Pub. L.
101-392, Sept. 25, 1990, 104 Stat. 753, amended the Act to be cited as
the Carl D. Perkins Vocational and Applied Technology Education Act. For
additional details, see Codification note preceding section 2301 of
Title 20.
The Elementary and Secondary Education Act of 1965, referred to in
subsec. (h)(4)(D), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as
amended generally by Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994,
108 Stat. 3519. Title I of the Act is classified generally to subchapter
I (Sec. 6301 et seq.) of chapter 70 of Title 20. For complete
classification of this Act to the Code, see Short Title note set out
under section 6301 of Title 20 and Tables.
The Headstart-Follow Through Act, referred to in subsec. (h)(4)(E),
is title V of Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 527, as amended,
which was classified generally to subchapter V (Sec. 2921 et seq.) of
chapter 34 of Title 42, The Public Health and Welfare, prior to repeal
by Pub. L. 97-35, title VI, Sec. 683(a), Aug. 13, 1981, 95 Stat. 519.
For complete classification of this Act to the Code, see Tables.
The Job Training Partnership Act, referred to in subsec. (h)(4)(F),
is Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended, which is
classified principally to chapter 19 (Sec. 1501 et seq.) of Title 29,
Labor. For complete classification of this Act to the Code, see Short
Title note set out under section 1501 of Title 29 and Tables.
The Higher Education Act of 1965, referred to in subsec. (h)(4)(G),
is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended. Title IV of
the Higher Education Act of 1965 is classified generally to subchapter
IV (Sec. 1070 et seq.) of chapter 28 of Title 20, Education, and part C
(Sec. 2751 et seq.) of subchapter I of chapter 34 of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 1001 of Title 20
and Tables.
The Public Health Service Act, referred to in subsec. (h)(4)(H), is
act July 1, 1944, ch. 373, 58 Stat. 682, as amended, which is classified
generally to chapter 6A (Sec. 201 et seq.) of Title 42. For complete
classification of this Act to the Code, see Short Title note set out
under section 201 of Title 42 and Tables.
Prior Provisions
A prior section 1255a, Pub. L. 85-316, Sec. 9, Sept. 11, 1957, 71
Stat. 641, provided for adjustment of status of certain resident aliens
to that of a person admitted for permanent residence, the recording by
Attorney General of alien's lawful admission for permanent residence,
and for granting of nonquota status to spouse and children, prior to
repeal, eff. 180 days after Sept. 26, 1961, by Pub. L. 87-301,
Sec. 24(a)(5), (b), Sept. 26, 1961, 75 Stat. 657.
Amendments
1996--Subsec. (a)(1)(B). Pub. L. 104-208, Sec. 308(g)(5)(A)(iii),
inserted ``(as in effect before October 1, 1996)'' after ``section 1252
of this title''.
Subsec. (c)(5). Pub. L. 104-208, Sec. 623(a), amended heading and
text of par. (5) generally, substituting subpars. (A) to (E) for former
par. consisting of introductory and concluding provisions and subpars.
(A) to (C), relating to confidentiality of information.
Pub. L. 104-208, Sec. 384(d)(1), substituted ``Anyone who uses,
publishes, or permits information to be examined in violation of this
paragraph shall be subject to appropriate disciplinary action and
subject to a civil money penalty of not more than $5,000 for each
violation.'' for ``Anyone who uses, publishes, or permits information to
be examined in violation of this paragraph shall be fined in accordance
with title 18 or imprisoned not more than five years, or both.'' in
concluding provisions.
Pub. L. 104-132, Sec. 431(a)(2), which directed the insertion of
``and'' and cl. (ii) after ``Title 13'', was executed by making the
insertion after ``title 13'' in concluding provisions to reflect the
probable intent of Congress. Cl. (ii) read as follows: ``may authorize
an application to a Federal court of competent jurisdiction for, and a
judge of such court may grant, an order authorizing disclosure of
information contained in the application of the alien to be used--
``(I) for identification of the alien when there is reason to
believe that the alien has been killed or severely incapacitated; or
``(II) for criminal law enforcement purposes against the alien
whose application is to be disclosed.''
Pub. L. 104-132, Sec. 431(a)(1), which directed amendment by
inserting ``(i)'' after ``except the Attorney General'', was executed by
making the insertion after ``except that the Attorney General'' in
concluding provisions to reflect the probable intent of Congress.
Subsec. (f)(4)(A). Pub. L. 104-208, Sec. 308(g)(2)(B), inserted
``(as in effect before October 1, 1996)'' after ``section 1105a of this
title''.
Subsec. (f)(4)(C). Pub. L. 104-208, Sec. 377(a), added subpar. (C).
Subsec. (h)(1)(A)(i). Pub. L. 104-193, Sec. 110(s)(2)(A),
substituted ``State program of assistance'' for ``program of aid to
families with dependent children''.
Subsec. (h)(2)(B). Pub. L. 104-193, Sec. 110(s)(2)(B), substituted
``assistance under a State program funded under part A of title IV of
the Social Security Act'' for ``aid to families with dependent
children''.
1994--Subsec. (b)(1)(D)(i)(I), (iii). Pub. L. 103-416, Sec. 108(b),
substituted ``1423(a)'' for ``1423''.
Subsec. (c)(7)(C). Pub. L. 103-416, Sec. 219(l)(1), realigned
margins and substituted ``subparagraph (B)'' for ``subsection (B)''.
Subsec. (h)(4)(D). Pub. L. 103-382 amended subpar. (D) generally.
Prior to amendment, subpar. (D) read as follows: ``Chapter 1 of the
Education Consolidation and Improvement Act of 1981.''
1991--Subsec. (c)(7)(C). Pub. L. 102-140, which directed the
addition ``after subsection (B)'' of ``a new subsection'' (C), was
executed by adding subpar. (C) after subpar. (B) to reflect the probable
intent of Congress.
Subsec. (d)(2)(B)(ii). Pub. L. 102-232, substituted ``Subclause
(IV)'' for ``Subclause (II)'' in last sentence, added subcl. (III),
redesignated former subcl. (III) as (II) and former subcl. (II) as (IV),
and struck out former subcl. (IV) which read as follows: ``Paragraphs
(3) (relating to security and related grounds), other than subparagraph
(E) thereof.''
1990--Subsec. (b)(1)(A). Pub. L. 101-649, Sec. 703(a)(1),
substituted ``2-year period'' for ``one-year period''.
Subsec. (b)(2)(C). Pub. L. 101-649, Sec. 703(a)(2), substituted
``43rd'' for ``thirty-first''.
Subsec. (c)(7)(A). Pub. L. 101-649, Sec. 703(b), inserted at end
``The Attorney General shall provide for an additional fee for filing an
application for adjustment under subsection (b)(1) of this section after
the end of the first year of the 2-year period described in subsection
(b)(1)(A) of this section.''
Subsec. (d)(2)(A). Pub. L. 101-649, Sec. 603(a)(13)(A), substituted
``(5) and (7)(A)'' for ``(14), (20), (21), (25), and (32)''.
Subsec. (d)(2)(B)(ii). Pub. L. 101-649, Sec. 603(a)(13)(G),
substituted ``1182(a)(4)'' for ``1182(a)(15)'' in last sentence.
Subsec. (d)(2)(B)(ii)(I). Pub. L. 101-649, Sec. 603(a)(13)(B),
substituted ``Paragraphs (2)(A) and (2)(B)'' for ``Paragraphs (9) and
(10)''.
Subsec. (d)(2)(B)(ii)(II). Pub. L. 101-649, Sec. 603(a)(13)(C),
substituted ``(4)'' for ``(15)''.
Subsec. (d)(2)(B)(ii)(III). Pub. L. 101-649, Sec. 603(a)(13)(D),
substituted ``(2)(C)'' for ``(23)''.
Subsec. (d)(2)(B)(ii)(IV). Pub. L. 101-649, Sec. 603(a)(13)(E),
substituted ``(3) (relating to security and related grounds), other than
subparagraph (E) thereof'' for ``(27), (28), and (29) (relating to
national security and members of certain organizations)''.
Subsec. (d)(2)(B)(ii)(V). Pub. L. 101-649, Sec. 603(a)(13)(F),
struck out subcl. (V) which referred to par. (33).
Subsec. (d)(2)(B)(iii). Pub. L. 101-649, Sec. 603(a)(13)(H),
substituted ``1182(a)(4)'' for ``1182(a)(15)''.
1988--Subsec. (a)(1)(B). Pub. L. 100-525, Sec. 2(h)(1)(A),
substituted ``12-month'' for ``18-month''.
Subsec. (b)(1)(D)(ii). Pub. L. 100-525, Sec. 2(h)(1)(B), inserted
references to developmentally disabled in heading and text.
Subsec. (c)(1). Pub. L. 100-525, Sec. 2(h)(1)(C), amended closing
provisions generally without change.
Subsec. (c)(5). Pub. L. 100-525, Sec. 2(h)(1)(D)(ii), substituted
semicolon for period at end of first sentence and inserted ``except that
the Attorney General may provide, in the Attorney General's discretion,
for the furnishing of information furnished under this section in the
same manner and circumstances as census information may be disclosed by
the Secretary of Commerce under section 8 of title 13.''
Subsec. (c)(5)(A). Pub. L. 100-525, Sec. 2(h)(1)(D)(i), inserted
``or for the preparation of reports to Congress under section 404 of the
Immigration Reform and Control Act of 1986'' after ``paragraph (6)''.
Subsec. (d)(2)(B)(ii). Pub. L. 100-525, Sec. 2(h)(1)(E)(ii),
inserted at end ``Subclause (II) (prohibiting the waiver of section
1182(a)(15) of this title) shall not apply to an alien who is or was an
aged, blind, or disabled individual (as defined in section 1614(a)(1) of
the Social Security Act).''
Subsec. (d)(2)(B)(ii)(II). Pub. L. 100-525, Sec. 2(h)(1)(E)(i),
struck out ``by an alien other than an alien who is eligible for
benefits under title XVI of the Social Security Act or section 212 of
Public Law 93-66 for the month in which such alien is granted lawful
temporary residence status under subsection (a) of this section'' after
``permanent residence''.
Effective Date of 1996 Amendments
Amendment by section 308(g)(2)(B), (5)(A)(iii) of Pub. L. 104-208
effective, with certain transitional provisions, on the first day of the
first month beginning more than 180 days after Sept. 30, 1996, see
section 309 of Pub. L. 104-208, set out as a note under section 1101 of
this title.
Section 377(b) of div. C of Pub. L. 104-208 provided that: ``The
amendment made by subsection (a) [amending this section] shall be
effective as if included in the enactment of the Immigration Reform and
Control Act of 1986 [Pub. L. 99-603].''
Amendment by section 384(d)(1) of Pub. L. 104-208 applicable to
offenses occurring on or after Sept. 30, 1996, see section 384(d)(2) of
Pub. L. 104-208, set out as a note under section 1160 of this title.
Amendment by Pub. L. 104-193 effective July 1, 1997, with transition
rules relating to State options to accelerate such date, rules relating
to claims, actions, and proceedings commenced before such date, rules
relating to closing out of accounts for terminated or substantially
modified programs and continuance in office of Assistant Secretary for
Family Support, and provisions relating to termination of entitlement
under AFDC program, see section 116 of Pub. L. 104-193, as amended, set
out as an Effective Date note under section 601 of Title 42, The Public
Health and Welfare.
Effective Date of 1994 Amendment
Amendment by section 219(l)(1) of Pub. L. 103-416 effective as if
included in the enactment of the Immigration Act of 1990, Pub. L. 101-
649, see section 219(dd) of Pub. L. 103-416, set out as a note under
section 1101 of this title.
Effective Date of 1991 Amendment
Section 307(l) of Pub. L. 102-232 provided that the amendment made
by that section is effective as if included in section 603(a) of the
Immigration Act of 1990, Pub. L. 101-649.
Effective Date of 1990 Amendment
Amendment by section 603(a)(13) of Pub. L. 101-649 applicable to
applications for adjustment of status made on or after June 1, 1991, see
section 601(e)(2) of Pub. L. 101-649, set out as a note under section
1101 of this title.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-525 effective as if included in enactment
of Immigration Reform and Control Act of 1986, Pub. L. 99-603, see
section 2(s) of Pub. L. 100-525, set out as a note under section 1101 of
this title.
Report on Citizenship of Certain Legalized Aliens
Section 109 of Pub. L. 103-416 provided that: ``Not later than June
30, 1996, the Commissioner of the Immigration and Naturalization Service
shall prepare and submit to the Congress a report concerning the
citizenship status of aliens legalized under section 245A and section
210 of the Immigration and Nationality Act [8 U.S.C. 1255a, 1160]. Such
report shall include the following information by district office for
each national origin group:
``(1) The number of applications for citizenship filed.
``(2) The number of applications approved.
``(3) The number of applications denied.
``(4) The number of applications pending.''
Family Unity
Section 301 of Pub. L. 101-649, as amended by Pub. L. 101-649, title
VI, Sec. 603(a)(23), Nov. 29, 1990, 104 Stat. 5084; Pub. L. 103-416,
title II, Sec. 206(a), Oct. 25, 1994, 108 Stat. 4311; Pub. L. 104-208,
div. C, title III, Secs. 308(d)(4)(R), (e)(2)(H), (16), (g)(1),
(7)(E)(ii), 383(a), Sept. 30, 1996, 110 Stat. 3009-619 to 3009-622,
3009-624, 3009-652, provided that:
``(a) Temporary Stay of Removal and Work Authorization for Certain
Eligible Immigrants.--The Attorney General shall provide that in the
case of an alien who is an eligible immigrant (as defined in subsection
(b)(1)) as of May 5, 1988 (in the case of a relationship to a legalized
alien described in subsection (b)(2)(B) or (b)(2)(C)) or as of December
1, 1988 (in the case of a relationship to a legalized alien described in
subsection (b)(2)(A)), who has entered the United States before such
date, who resided in the United States on such date, and who is not
lawfully admitted for permanent residence, the alien--
``(1) may not be removed or otherwise required to depart from
the United States on a ground specified in paragraph (1)(A), (1)(B),
(1)(C), (3)(A), of section 237(a) of the Immigration and Nationality
Act [8 U.S.C. 1227(a)] (other than so much of section 237(a)(1)(A)
of such Act as relates to a ground of inadmissibility described in
paragraph (2) or (3) of section 212(a) of such Act [8 U.S.C.
1182(a)]), and
``(2) shall be granted authorization to engage in employment in
the United States and be provided an `employment authorized'
endorsement or other appropriate work permit.
``(b) Eligible Immigrant and Legalized Alien Defined.--In this
section:
``(1) The term `eligible immigrant' means a qualified immigrant
who is the spouse or unmarried child of a legalized alien.
``(2) The term `legalized alien' means an alien lawfully
admitted for temporary or permanent residence who was provided--
``(A) temporary or permanent residence status under section
210 of the Immigration and Nationality Act [8 U.S.C. 1160],
``(B) temporary or permanent residence status under section
245A of the Immigration and Nationality Act [8 U.S.C. 1255a], or
``(C) permanent residence status under section 202 of the
Immigration Reform and Control Act of 1986 [Pub. L. 99-603, set
out below].
``(c) Application of Definitions.--Except as otherwise specifically
provided in this section, the definitions contained in the Immigration
and Nationality Act [8 U.S.C. 1101 et seq.] shall apply in the
administration of this section.
``(d) Temporary Disqualification From Certain Public Welfare
Assistance.--Aliens provided the benefits of this section by virtue of
their relation to a legalized alien described in subsection (b)(2)(A) or
(b)(2)(B) shall be ineligible for public welfare assistance in the same
manner and for the same period as the legalized alien is ineligible for
such assistance under section 245A(h) or 210(f), respectively, of the
Immigration and Nationality Act [8 U.S.C. 1255a(h), 1160(f)].
``(e) Exception for Certain Aliens.--An alien is not eligible for
the benefits of this section if the Attorney General finds that--
``(1) the alien has been convicted of a felony or 3 or more
misdemeanors in the United States,
``(2) the alien is described in section 208(b)(2)(A) of the
Immigration and Nationality Act [8 U.S.C. 1158(b)(2)(A)], or
``(3) [the alien] has committed an act of juvenile delinquency
which if committed by an adult would be classified as--
``(A) a felony crime of violence that has an element the use
or attempted use of physical force against another individual,
or
``(B) a felony offense that by its nature involves a
substantial risk that physical force against another individual
may be used in the course of committing the offense.
``(f) Construction.--Nothing in this section shall be construed as
authorizing an alien to apply for admission to, or to be admitted to,
the United States in order to obtain benefits under this section.
``(g) Effective Date.--This section shall take effect on October 1,
1991; except that the delay in effectiveness of this section shall not
be construed as reflecting a Congressional belief that the existing
family fairness program should be modified in any way before such
date.''
[Section 383(b) of div. C of Pub. L. 104-208 provided that: ``The
amendments made by subsection (a) [amending section 301 of Pub. L. 101-
649, set out above] shall apply to benefits granted or extended after
the date of the enactment of this Act [Sept. 30, 1996].'']
[Section 206(b) of Pub. L. 103-416 provided that: ``The amendment
made by subsection (a) [amending section 301 of Pub. L. 101-649, set out
above] shall be deemed to have become effective as of October 1,
1991.'']
Use of Capital Assets by Immigration and Naturalization Service
Pub. L. 101-162, title II, Nov. 21, 1989, 103 Stat. 1000, provided:
``That for fiscal year 1990 and hereafter capital assets acquired by the
Immigration Legalization account may be made available for the general
use of the Immigration and Naturalization Service after they are no
longer needed for immigration legalization purposes''.
Adjustment to Lawful Resident Status of Certain Nationals of Countries
for Which Extended Voluntary Departure Has Been Made Available
Pub. L. 100-204, title IX, Sec. 902, Dec. 22, 1987, 101 Stat. 1400,
provided that:
``(a) Adjustment of Status.--The status of any alien who is a
national of a foreign country the nationals of which were provided (or
allowed to continue in) `extended voluntary departure' by the Attorney
General on the basis of a nationality group determination at any time
during the 5-year period ending on November 1, 1987, shall be adjusted
by the Attorney General to that of an alien lawfully admitted for
temporary residence if the alien--
``(1) applies for such adjustment within two years after the
date of the enactment of this Act [Dec. 22, 1987];
``(2) establishes that (A) the alien entered the United States
before July 21, 1984, and (B) has resided continuously in the United
States since such date and through the date of the enactment of this
Act;
``(3) establishes continuous physical presence in the United
States (other than brief, casual, and innocent absences) since the
date of the enactment of this Act;
``(4) in the case of an alien who entered the United States as a
nonimmigrant before July 21, 1984, establishes that (A) the alien's
period of authorized stay as a nonimmigrant expired not later than
six months after such date through the passage of time or (B) the
alien applied for asylum before July 21, 1984; and
``(5) meets the requirements of section 245A(a)(4) of the
Immigration and Nationality Act (8 U.S.C. 1255a(a)(4)).
The Attorney General shall provide for the acceptance and processing of
applications under this subsection by not later than 90 days after the
date of the enactment of this Act.
``(b) Status and Adjustment of Status.--The provisions of
subsections (b), (c)(6), (d), (f), (g), (h), and (i) of section 245A of
the Immigration and Nationality Act (8 U.S.C. 1255a) shall apply to
aliens provided temporary residence under subsection (a) in the same
manner as they apply to aliens provided lawful temporary residence
status under section 245A(a) of such Act.''
Similar provisions were contained in Pub. L. 100-202, Sec. 101(a)
[title IX, Secs. 901, 902], Dec. 22, 1987, 101 Stat. 1329, 1329-43.
Procedures for Property Acquisition or Leasing
Section 201(c)(1) of Pub. L. 99-603 provided that notwithstanding
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471
et seq.), the Attorney General was authorized for period of up to two
years after effective date of legalization program, to expend from
appropriation provided for administration and enforcement of this
chapter, such amounts necessary for leasing or acquisition of property
in fulfillment of section 201 of Pub. L. 99-603, which enacted this
section and amended sections 602, 672, and 673 of Title 42, The Public
Health and Welfare.
Use of Retired Federal Employees
Section 201(c)(2) of Pub. L. 99-603, as amended by Pub. L. 100-525,
Sec. 2(h)(2), Oct. 24, 1988, 102 Stat. 2612, provided that:
``Notwithstanding any other provision of law, the retired or retainer
pay of a member or former member of the Armed Forces of the United
States or the pay and annuity of a retired employee of the Federal
Government who retired on or before January 1, 1986, shall not be
reduced while such individual is temporarily employed by the Immigration
and Naturalization Service for a period of not to exceed 18 months to
perform duties in connection with the adjustment of status of aliens
under this section [enacting this section and amending sections 602,
672, and 673 of Title 42, The Public Health and Welfare]. The Service
shall not temporarily employ more than 300 individuals under this
paragraph. Notwithstanding any other provision of law, the annuity of a
retired employee of the Federal Government shall not be increased or
redetermined under chapter 83 or 84 of title 5, United States Code, as a
result of a period of temporary employment under this paragraph.''
Cuban-Haitian Adjustment
Section 202 of Pub. L. 99-603, as amended by Pub. L. 100-525,
Sec. 2(i), Oct. 24, 1988, 102 Stat. 2612, provided that the status of an
alien who received an immigration designation as a Cuban/Haitian Entrant
as of Nov. 6, 1986, or who was a national of Cuba or Haiti, who arrived
in the United States before Jan. 1, 1982, could be adjusted by the
Attorney General to that of an alien lawfully admitted for permanent
residence if the alien applied for such adjustment within two years
after Nov. 6, 1986, and met certain other eligibility requirements.
State Legalization Impact-Assistance Grants
Section 204 of Pub. L. 99-603, as amended by Pub. L. 100-525,
Sec. 2(k), Oct. 24, 1988, 102 Stat. 2612; Pub. L. 101-166, title II,
Nov. 21, 1989, 103 Stat. 1174; Pub. L. 101-238, Sec. 6(a), Dec. 18,
1989, 103 Stat. 2104; Pub. L. 101-517, title II, Nov. 5, 1990, 104 Stat.
2206; Pub. L. 102-170, title II, Nov. 26, 1991, 105 Stat. 1124; Pub. L.
102-394, title II, Oct. 6, 1992, 106 Stat. 1808; Pub. L. 103-333, title
II, Sept. 30, 1994, 108 Stat. 2558; Pub. L. 103-416, title II,
Sec. 219(cc), Oct. 25, 1994, 108 Stat. 4319; Pub. L. 104-208, div. C,
title VI, Sec. 671(b)(9), (d)(2), Sept. 30, 1996, 110 Stat. 3009-722,
3009-723, provided that:
``(a) Appropriation of Funds.--
``(1) In general.--(A) Out of any money in the Treasury not
otherwise appropriated, there are appropriated to carry out this
section (and including Federal, State, and local administrative
costs) $1,000,000,000 (less the amount described in paragraph (2))
for fiscal year 1988 and for each of the three succeeding fiscal
years.
``(B) Funds appropriated for fiscal year 1990 under this section
are reduced by $555,244,000, and funds appropriated for fiscal year
1991 under this section are reduced by $566,854,000.
``(C) For fiscal years 1993 and 1994 combined, there are
appropriated to carry out this section for costs incurred on or
after October 1, 1989 (including Federal, State, and local
administrative costs) out of any money in the Treasury not otherwise
appropriated, $2,000,000,000 (less the amount described in paragraph
(2) for each of fiscal years 1990 and 1991) less the amount made
available for allotments to States under subsection (b) for fiscal
year 1990 and fiscal year 1991: Provided, That $812,000,000 shall be
available in fiscal year 1994 and the remainder of these funds shall
be available in fiscal year 1993.
``(2) Offset.--
``(A) In general.--Subject to subparagraphs (B) through (D),
the amount described in this paragraph for a fiscal year is
equal to the amount estimated to be expended by the Federal
Government in the fiscal year for the programs of financial
assistance, medical assistance, and assistance under the Food
Stamp Act of 1977 [7 U.S.C. 2011 et seq.] for aliens who would
not be eligible for such assistance under paragraph (1)(A) of
section 245A(h) of the Immigration and Nationality Act [8 U.S.C.
1255a(h)(1)(A)] but for the provisions of paragraph (2) or
paragraph (3) of such section.
``(B) No offset for certain ssi eligible individuals.--The
amount described in this paragraph shall not include any amounts
attributable to supplemental security benefits paid under title
XVI of the Social Security Act [42 U.S.C. 1381 et seq.] or
medical assistance furnished under a State plan approved under
title XIX of the Social Security Act [42 U.S.C. 1396 et seq.],
in the case of an alien who is determined by the Secretary of
Health and Human Services, based on an application for benefits
under title XVI of the Social Security Act or section 212 of
Public Law 93-66 [42 U.S.C. 1382 note] filed prior to the date
designated by the Attorney General in accordance with section
245A(a)(1)(A) of the Immigration and Nationality Act [8 U.S.C.
1255a(a)(1)(A)], to be permanently residing in the United States
under color of law as provided in section 1614(a)(1)(B)(ii) of
the Social Security Act [42 U.S.C. 1382c(a)(1)(B)(ii)] and to be
eligible to receive such benefits for the month prior to the
month in which such date occurs, for such time as such alien
continues without interruption to be eligible to receive such
benefits in accordance with the provisions of title XVI of the
Social Security Act or section 212 of Public Law 93-66, as
appropriate.
``(C) Estimated initial offset.--For purposes of
subparagraph (A), with respect to fiscal year 1988, the amount
estimated to be expended is equal to $70,000,000. For subsequent
fiscal years, the amount estimated to be expended shall be such
estimate as is contained in the annual fiscal budget submitted
for that year to the Congress by the President.
``(D) Adjustment for estimates.--If the actual amount of
expenditures by the Federal Government described in subparagraph
(A) for a fiscal year exceeds, or is less than, the amount
estimated to be expended for that year under subparagraph (C)
(taking into account any adjustment under this subparagraph),
then for the subsequent fiscal year the amount described in this
paragraph shall be decreased, or increased, respectively, by the
amount of such excess or deficit for that previous fiscal year.
``(b) Entitlement of States.--(1) From the sums appropriated under
subsection (a) for a fiscal year (less the amount reserved for Federal
administrative costs), the Secretary of Health and Human Services (in
this section referred to as the `Secretary') shall allot to each State
with an application approved under subsection (d)(1) an amount
determined in accordance with a formula, established by the Secretary by
regulation, which takes into account--
``(A) the number of eligible legalized aliens (as defined in
subsection (j)(4)) residing in the State in that fiscal year;
``(B) the ratio of the number of eligible legalized aliens in
the State to the total number of residents of that State and to the
total number of such aliens in all the States in that fiscal year;
``(C) the amount of expenditures the State is likely to incur in
that fiscal year in providing assistance for eligible legalized
aliens for which reimbursement or payment may be made under this
section;
``(D) the ratio of the amount of such expenditures in the State
to the total of all such expenditures in all the States;
``(E) adjustments for the difference in previous years between
the State's actual expenditures (described in subparagraph (C))
incurred and the allocation provided the State under this section
for those years; and
``(F) such other factors as the Secretary deems appropriate to
provide for an equitable distribution of such amounts.
``(2) To the extent that all the funds appropriated under this
section for a fiscal year are not otherwise allotted to States either
because all the States have not qualified for such allotments under this
section for the fiscal year or because some States have indicated in
their description of activities that they do not intend to use, in that
fiscal year or any succeeding fiscal year (before fiscal year 1995), the
full amount of such allotments, such excess shall be allotted among the
remaining States in proportion to the amount otherwise allotted to such
States for the fiscal year without regard to this paragraph.
``(3) In determining the number of eligible legalized aliens for
purposes of paragraph (1), the Secretary may estimate such number on the
basis of such data as he may deem appropriate.
``(4) For each fiscal year the Secretary shall make payments, as
provided by section 6503 of title 31, United States Code, to each State
from its allotment under this subsection. Any amount paid to a State for
a fiscal year and remaining unobligated at the end of such year shall
remain available to such State for the purposes for which it was made in
subsequent fiscal years, but shall not remain available after September
30, 1994. Any funds not expended by States by December 30, 1994 shall be
reallocated by the Secretary to States which had expended their entire
allotments, based on each State's percentage share of total unreimbursed
legalized alien costs in all States. Funds made available to a State
pursuant to the preceding sentence of this paragraph shall be utilized
by the State to reimburse all allowable costs within 90 days after a
State has received a reallocation of funds from the Secretary, but in no
event later than July 31, 1995.
``(5) For fiscal year 1993, the Secretary shall make allotments to
States under paragraph (1) no later than October 15, 1992, Provided,
That with respect to States in which total allowable unreimbursed State
and local costs incurred prior to October 1, 1992 exceed $100,000,000,
within each such State's allocation, the State shall first reimburse all
allowable costs incurred between October 1, 1990 and October 1, 1992,
before reimbursing costs incurred on or after October 1, 1992, except
for State and local administrative costs and for costs of services
required to enable aliens granted temporary residence under section
245A(a) of the Immigration and Nationality Act [8 U.S.C. 1255a(a)] to
attain citizenship skills described in section 245A(b)(1)(D)(i) of the
Immigration and Nationality Act: Provided further, That in reimbursing
costs incurred prior to October 1, 1992, each State shall reimburse each
provider at the same pro rata rate.
``(c) Providing Assistance.--(1) Of the amounts allotted to a State
under this section, the State may only use such funds, in accordance
with this section--
``(A) for reimbursement of the costs of programs of public
assistance provided with respect to eligible legalized aliens, for
which such aliens were not disqualified under section 245A(h) of the
Immigration and Nationality Act [8 U.S.C. 1255a(h)] at the time of
such assistance,
``(B) for reimbursement of the costs of programs of public
health assistance provided to any alien who is, or is applying on a
timely basis to become, an eligible legalized alien,
``(C) to make payments to State educational agencies for the
purpose of assisting local educational agencies of that State in
providing educational services for eligible legalized aliens,
``(D) to make payments for public education and outreach
(including the provision of information to individual applicants) to
inform temporary resident aliens regarding--
``(i) the requirements of sections 210 and 245A of the
Immigration and Nationality Act [8 U.S.C. 1160, 1255a] regarding
the adjustment of resident status,
``(ii) sources of assistance for such aliens obtaining the
adjustment of status described in clause (i), including
educational, informational, referral services, and the rights
and responsibilities of such aliens and aliens lawfully admitted
for permanent residence,
``(iii) the identification of health, employment, and social
services, and
``(iv) the importance of identifying oneself as a temporary
resident alien to service providers,
except that nothing in this subparagraph may be construed as
authorizing the provision of client counseling or any other service
which would assume responsibility for the alien's application for
the adjustment of status described in clause (i),
``(E)(i) subject to clause (ii), to make payments for education
and outreach efforts by State agencies regarding unfair
discrimination in employment practices based on national origin or
citizenship status,
``(ii) except that the State agencies shall not initiate such
efforts until after such consultation with the Office of the Special
Counsel for Unfair Immigration-Related Employment Practices as is
appropriate to ensure, to the maximum extent feasible, a uniform
program.
Subject to paragraph (2), the State may select the distribution of the
use of such funds among such purposes.
``(2)(A) Subject to subparagraphs (B) and (C), of the amounts
allotted to a State under this section in any fiscal year, 10 percent
shall be used by the State for reimbursement under paragraph (1)(A), 10
percent shall be used by the State for reimbursement under paragraph
(1)(B), and 10 percent shall be used by the State for payments under
paragraph (1)(C).
``(B) If a State does not require the use of the full 10 percent
provided under subparagraph (A) for a particular function described in a
subparagraph of paragraph (1) for a fiscal year, the unused portion
shall, subject to subparagraph (C), be equally distributed among the two
other subparagraphs.
``(C) In no case shall the funds provided under this section be used
to provide reimbursement for more than 100 percent of the costs
described in paragraph (1)(A) or (1)(B).
``(D) Of the amount allotted to a State with respect to any fiscal
year, a State may not use more than--
``(i) 1 percent (or, if greater, $100,000) for payments under
paragraph (1)(D), and
``(ii) 1 percent (or, if greater, $100,000) for payments under
paragraph (1)(E).
``(3) To the extent that a State provides for the use of funds for
the purpose described in paragraph (1)(C), the definitions and
provisions of the Emergency Immigrant Education Act of 1984 (title VI of
Public Law 98-511; 20 U.S.C. 4101 et seq.) [see 20 U.S.C. 7541 et seq.]
shall apply to payments under such paragraph in the same manner as they
apply to payments under that Act, except that, in applying this
paragraph--
``(A) any reference in such Act to `immigrant children' shall be
deemed to be a reference to `eligible legalized aliens' (including
such aliens who are over 16 years of age) during the 60-month period
beginning with the first month in which such an alien is granted
temporary lawful residence under the Immigration and Nationality Act
[8 U.S.C. 1101 et seq.];
``(B) in determining the amount of payment with respect to
eligible legalized aliens who are over 16 years of age, the phrase
`described under paragraph (2)' shall be deemed to be stricken from
section 606(b)(1)(A) of such Act (20 U.S.C. 4105(b)(1)(A));
``(C) the State educational agency may provide such educational
services to adult eligible legalized aliens through local
educational agencies and other public and private nonprofit
organizations, including community-based organizations of
demonstrated effectiveness; and
``(D) such services may include English language and other
programs designed to enable such aliens to attain the citizenship
skills described in section 245A(b)(1)(D)(i) of the Immigration and
Nationality Act [8 U.S.C. 1255a(b)(1)(D)(i)].
``(d) Statements and Assurances.--(1) No State is eligible for
payment under subsection (b) unless the State--
``(A) has filed with, and had approved by, the Secretary an
application containing such information, including the information
described in paragraph (2) and criteria for and administrative
methods of disbursing funds received under this section, as the
Secretary determines to be necessary to carry out this section, and
``(B) transmits to the Secretary a statement of assurances that
certifies that (i) funds allotted to the State under this section
will only be used to carry out the purposes described in subsection
(c)(1), (ii) the State will provide a fair method (as determined by
the State) for the allocation of funds among State and local
agencies in accordance with paragraph (2) and subsection (c)(2), and
(iii) fiscal control and fund accounting procedures will be
established that are adequate to meet the requirements of paragraph
(2) and subsections (e) and (f).
``(2) The application of each State under this subsection for each
fiscal year must include detailed information on--
``(A) the number of eligible legalized aliens residing in the
State, and
``(B) the costs (excluding any such costs otherwise paid from
Federal funds) which the State and each locality is likely to incur
for the purposes described in subsection (c)(1).
``(e) Reports and Audits.--(1)(A) Each State shall prepare and
submit to the Secretary annual reports on its activities under this
section. In order to properly evaluate and to compare the performance of
different States assisted under this section and to assure the proper
expenditure of funds under this section, such reports shall be in such
form and contain such information as the Secretary determines (after
consultation with the States and the Comptroller General) to be
necessary--
``(i) to secure an accurate description of those activities,
``(ii) to secure a complete record of the purposes for which
funds were spent and of the recipients of such funds, and
``(iii) to determine the extent to which funds were expended
consistent with this section.
Copies of the report shall be provided, upon request, to any interested
public agency, and each such agency may provide its views on these
reports to the Congress.
``(B) The Secretary shall annually report to the Congress on
activities funded under this section and shall provide for transmittal
of a copy of such report to each State.
``(2)(A) For requirements relating to audits of funds received by a
State under this section, see chapter 75 of title 31, United States Code
(relating to requirements for single audit).
``(B) Each State shall repay to the United States amounts ultimately
found not to have been expended in accordance with this section, or the
Secretary may offset such amounts against any other amount to which the
State is or may become entitled under this section.
``(C) The Secretary may, after notice and opportunity for a hearing,
withhold payment of funds to any State which is not using its allotment
under this section in accordance with this section. The Secretary may
withhold such funds until the Secretary finds that the reason for the
withholding has been removed and there is reasonable assurance that it
will not recur.
``(3) The State shall make copies of the reports and audits required
by this subsection available for public inspection within the State.
``(4)(A) For the purpose of evaluating and reviewing the assistance
provided under this section, the Secretary and the Comptroller General
shall have access to any books, accounts, records, correspondence, or
other documents that are related to such assistance, and that are in the
possession, custody, or control of States, political subdivisions
thereof, or any of their grantees.
``(B) In conjunction with an evaluation or review under subparagraph
(A), no State or political subdivision thereof (or grantee of either)
shall be required to create or prepare new records to comply with
subparagraph (A).
``(f) Limitation on Payments.--(1) Payment under this section shall
not be made for costs to the extent the costs are otherwise reimbursed
or paid for under other Federal programs.
``(2) Payment may only be made to a State with respect to costs for
assistance of a program of public assistance or a program of public
health assistance to the extent such assistance is otherwise generally
available under such programs to citizens residing in the State.
``(g) Criminal Penalties for False Statements.--Whoever--
``(1) knowingly and willfully makes or causes to be made any
false statement or misrepresentation of a material fact in
connection with the furnishing of assistance or services for which
payment may be made by a State from funds allotted to the State
under this section, or
``(2) having knowledge of the occurrence of any event affecting
his initial or continued right to any such payment conceals or fails
to disclose such event with an intent fraudulently to secure such
payment either in a greater amount than is due or when no such
payment is authorized,
shall be fined in accordance with title 18, United States Code,
imprisoned for not more than five years, or both.
``(h) Anti-Discrimination Provision.--(1)(A) For the purpose of
applying the prohibitions against discrimination on the basis of age
under the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], on
the basis of handicap under section 504 of the Rehabilitation Act of
1973 [29 U.S.C. 794], on the basis of sex under title IX of the
Education Amendments of 1972 [20 U.S.C. 1681 et seq.], or on the basis
of race, color, or national origin under title VI of the Civil Rights
Act of 1964 [42 U.S.C. 2000d et seq.], programs and activities funded in
whole or in part with funds made available under this section are
considered to be programs and activities receiving Federal financial
assistance.
``(B) No person shall on the ground of sex or religion be excluded
from participation in, be denied the benefits of, or be subjected to
discrimination under, any program or activity funded in whole or in part
with funds made available under this section.
``(2) Whenever the Secretary finds that a State or locality which
has been provided payment from an allotment under this section has
failed to comply with a provision of law referred to in paragraph
(1)(A), with paragraph (1)(B), or with an applicable regulation
(including one prescribed to carry out paragraph (1)(B)), he shall
notify the chief executive officer of the State and shall request him to
secure compliance. If within a reasonable period of time, not to exceed
60 days, the chief executive officer fails or refuses to secure
compliance, the Secretary may--
``(A) refer the matter to the Attorney General with a
recommendation that an appropriate civil action be instituted,
``(B) exercise the powers and functions provided by title VI of
the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], the Age
Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], or section 504
of the Rehabilitation Act of 1973 [29 U.S.C. 794], as may be
applicable, or
``(C) take such other action as may be provided by law.
``(3) When a matter is referred to the Attorney General pursuant to
paragraph (2)(A), or whenever he has reason to believe that the entity
is engaged in a pattern or practice in violation of a provision of law
referred to in paragraph (1)(A) or in violation of paragraph (1)(B), the
Attorney General may bring a civil action in any appropriate district
court of the United States for such relief as may be appropriate,
including injunctive relief.
``(i) Consultation with State and Local Officials.--In establishing
regulations and guidelines to carry out this section, the Secretary
shall consult with representatives of State and local governments.
``(j) Definitions.--For purposes of this section:
``(1) The term `State' has the meaning given such term in
section 101(a)(36) of the Immigration and Nationality Act [8 U.S.C.
1101(a)(36)].
``(2) The term `programs of public assistance' means programs in
a State or local jurisdiction which--
``(A) provide for cash, medical, or other assistance (as
defined by the Secretary) designed to meet the basic subsistence
or health needs of individuals,
``(B) are generally available to needy individuals residing
in the State or locality, and
``(C) receive funding from units of State or local
government.
``(3) The term `programs of public health assistance' means
programs in a State or local jurisdiction which--
``(A) provide public health services, including
immunizations for immunizable diseases, testing and treatment
for tuberculosis and sexually-transmitted diseases, and family
planning services,
``(B) are generally available to needy individuals residing
in the State or locality, and
``(C) receive funding from units of State or local
government.
``(4) The term `eligible legalized alien' means an alien who has
been granted lawful temporary resident status under section 210 or
245A of the Immigration and Nationality Act [8 U.S.C. 1160, 1255a],
but only until the end of the five-year period beginning on the date
the alien was first granted such status, except that the five-year
limitation shall not apply for the purposes of making payments from
funds appropriated under the fiscal year 1995 Labor, Health and
Human Services, and Education, and Related Agencies Appropriations
Act [Pub. L. 103-333, see Tables for classification] for providing
public information and outreach activities regarding naturalization
and citizenship; and English language and civics instruction to any
adult eligible legalized alien who has not met the requirements of
section 312 of the Immigration and Nationality Act [8 U.S.C. 1423]
for purposes of becoming naturalized as a citizen of the United
States.''
[Pub. L. 101-238, Sec. 6(b), Dec. 18, 1989, 103 Stat. 2105, provided
that: ``The amendments made by subsection (a) [amending section 204 of
Pub. L. 99-603, set out above] shall apply to the use of allotments for
fiscal years beginning with fiscal year 1989.'']
Application of Certain State Assistance Provisions
Section 303(c) of Pub. L. 99-603, defined ``eligible legalized
alien'' relative to State legalization assistance, prior to repeal by
Pub. L. 100-525, Sec. 2(n)(3), Oct. 24, 1988, 102 Stat. 2613.
Reports on Legalization Program
Section 404 of Pub. L. 99-603 provided that:
``(a) In General.--The President shall transmit to Congress two
reports on the legalization program established under section 245A of
the Immigration and Nationality Act [8 U.S.C. 1255a].
``(b) Initial Report Describing Legalized Aliens.--The first report,
which shall be transmitted not later than 18 months after the end of the
application period for adjustment to lawful temporary residence status
under the program, shall include a description of the population whose
status is legalized under the program, including--
``(1) geographical origins and manner of entry of these aliens
into the United States,
``(2) their demographic characteristics, and
``(3) a general profile and characteristics.
``(c) Second Report on Impact of Legalization Program.--The second
report, which shall be transmitted not later than three years after the
date of transmittal of the first report, shall include a description
of--
``(1) the impact of the program on State and local governments
and on public health and medical needs of individuals in the
different regions of the United States,
``(2) the patterns of employment of the legalized population,
and
``(3) the participation of legalized aliens in social service
programs.''
[Functions of President under section 404 of Pub. L. 99-603 relating
to initial report described in section 404(b) delegated to Attorney
General and relating to second report described in section 404(c)
delegated to Secretary of Labor by sections 1(c) and 2(c) of Ex. Ord.
No. 12789, Feb. 10, 1992, 57 F.R. 5225, set out as a note under section
1364 of this title.]
Section Referred to in Other Sections
This section is referred to in sections 1151, 1160, 1255, 1324b of
this title; title 26 section 6039E; title 42 sections 408, 672, 1436a,
3056i.
|
U.S. Department
of Justice
