Hon. John G. Tower, a U.S. Senator from the State of Texas Hon. Dewey F. Bartlett, a U.S. Senator from the State of Oklahoma.. Hon. S. I. Hayakawa, a U.S. Senator from the State of California Hon. Hamilton Fish, Jr., a Representative in Congress from the State of Hon. James H. Scheuer, a Representative in Congress from the State of Benjamin Gim, Esquire, president of the Association of Immigration and Vilma S. Martinez, president, Mexican American Legal Defense Education- Peters D. Willson, political representative, Zero Population Growth, Inc.... Hon. Richard C. White, a Representative in Congress from the State of Hon. Harrison Schmitt, a U.S. Senator from the State of New Mexico....... Hon. Ron de Lugo, Delegate in Congress from the Virgin Islands... A. Michael Romo, executive director, National Congress of Hispanic Martin J. Carr, senior deputy, Board of Supervisors, Los Angeles County Ruben Torres, coordinator of Legal Alien Student Studies, Texas Region I Edward F. Ogle, Kensington, Md 395 Appendix: Report submitted by Hon. Hamilton Fish, Jr., a Representative in 409 S. 2252: ALIEN ADJUSTMENT AND EMPLOYMENT ACT OF 1977 WEDNESDAY, MAY 3, 1978 U.S. SENATE, SUBCOMMITTEE ON IMMIGRATION AND NATURALIZATION Washington, D.C. The subcommittee met, pursuant to notice, at 10:45 a.m., in room 2228, Dirksen Senate Office Building, Senator Dennis DeConcini (acting chairman of the subcommittee) presiding. Present: Senator Scott. Staff present: Francis Rosenberger, staff director and chief counsel, Committee on the Judiciary; Edward A. Loughran, staff director, Subcommittee on Immigration; Sidney B. Rawitz, general counsel, Subcommittee on Immigration; and Eric Hultman, counsel, Committee on the Judiciary. Senator DECONCINI [acting chairman]. The hearing will come to order. This morning we begin hearings on S. 2252, a bill containing the administration's proposal on immigration. This bill is known as the Alien Adjustment and Employment Act of 1977. A copy of S. 2252 will be entered into the record at this point. Without objection, so ordered. [Material follows:] [S. 2252, 95th Cong., 1st sess.] A BILL To amend the Immigration and Nationality Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Alien Adjustment and Employment Act of 1977". SEC. 2. (a) Section 249 of the Immigration and Nationality Act (8 U.S.C. 1259) is amended to read as follows: "(a) A record of lawful admission for permanent residence may, in the discretion of the Attorney General and under such regulations as he may prescribe, be made in the case of any alien, as of the date of the approval of his application or, if entry occurred prior to July 1, 1924, as of the date of such entry, if no such record is otherwise available and such alien shall satisfy the Attorney General that he is not inadmissible under section 212(a) insofar as it relates to criminals, procurers and other immoral persons, subversives, violators of the narcotic laws or smugglers of aliens, and he establishes that he "(1) entered the United States prior to January 1, 1970; and "(2) has had his residence in the United States continuously since such entry. "(b) This section shall not apply to any alien who has assisted in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion.”. (b) The title preceding section 249 of such Act is amended to read as follows: "RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE CASE OF CERTAIN ALIENS WHO ENTERED THE UNITED STATES PRIOR TO JULY 1, 1924, OR JANUARY 1, 1970". (c) The designation of section 249 in the table of contents (title II—Immigration, chapter 5) of such Act is amended to read as follows: "Sec. 249. Record of admission for permanent residence in the case of certain aliens who entered the United States prior to July 1, 1924, or January 1, 1970.". SEC. 3. Section 201(a) of the Immigration and Nationality Act (8 U.S.C. 1151(a)) is amended to read as follows: "(a) Exclusive of special immigrants defined in section 101(a)(27), immediate relatives of United States citizens as specified in subsection (b) of this section, and of aliens in whose case a record of lawful admission for permanent residence is made pursuant to section 249, (1) the number of aliens born in any foreign state or dependent area located in the Eastern Hemisphere who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence, or who may, pursuant to section 203(a)(7), enter conditionally, shall not in any of the first three quarters of any fiscal year exceed a total of forty-five thousand and shall not in any fiscal year exceed a total of one hundred and seventy thousand; and (2) the number of aliens born in any foreign state of the Western Hemisphere or in the Canal Zone, or in a dependent area located in the Western Hemisphere, who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence, or who may, pursuant to section 203(a)(7), enter conditionally, shall not in any of the first three quarters of any fiscal year exceed a total of thirty-two thousand and shall not in any fiscal year exceed a total of one hundred and twenty thousand.". SEC. 4. (a) Notwithstanding any other provisions of law, any alien in the United States may, in the discretion of the Attorney General and under such regulations as he may prescribe, be permitted to reside in the United States temporarily until five years from the effective date of this Act, if such alien applies for such status within one year of the effective date of this Act and establishes to the satisfaction of the Attorney General that he (1) entered the United States on or before January 1, 1977; (2) has had his residence in the United States continuously since such entry; and (3) is not inadmissible under section 212(a) insofar as it relates to criminals, procurers, and other immoral persons, subversives, violators of the narcotic laws, or smugglers of aliens. (b) This section shall not apply to any alien who (1) on January 1, 1977, was a nonimmigrant whose authorized stay, including any extension of the period of original admission, had not expired; or (2) immediately prior to losing lawful nonimmigrant status had the status of a nonimmigrant student; or (3) was formerly a nonimmigrant exchange alien as defined in section 101(a) (15)(J) of the Immigration and Nationality Act subject to the two-year foreign residence requirement of section 212(e) of the Act and has not fulfilled that requirement or received a waiver thereof; or (4) has assisted in the persecution of any person or group of persons because of race, religion, nationality, membership in a particular social group, or political opinion. (c) An alien granted temporary resident alien status under this section shall be issued such documentation as the Attorney General may by regulation prescribe. (d) The Attorney General shall authorize the employment of any alien who is granted temporary resident alien status under this section. (e) Notwithstanding sections 211(a) and 21(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1181(a) and 1182(a)(20)), the Attorney General may in his discretion and under such regulations as he may prescribe, authorize the readmission into the United States of any alien who has temporary resident alien status pursuant to this section and who is returning to a residence in the United States from a temporary visit abroad, without requiring such alien to obtain a passport, immigrant visa, reentry permit, or other documentation. An alien who qualifies for readmission under this subparagraph shall not be subject to the requirements of section 212(a)(14) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(14)). (f) If at any time after a person has obtained temporary resident alien status under this section, it shall appear to the satisfaction of the Attorney General that such person was not in fact eligible for such status, the Attorney General shall rescind the grant of temporary resident alien status to such person, and the person shall thereupon be subject to the provisions of the Immigration and Nationality Act to the same extent as if the grant of temporary resident alien status had never been made. |