1m Union Calendar No. 587 mse ALR. 6020 [Report No. 110-912] Nationality Act ¢o proteet the well-being ‘To amend the Immigration am ilies, and for other purposes. of soldiers and their f —_—— fl vi f IN THE HOUSE OF REPRESENTATIVES ir May 8, 2008 Ms. Zor Loraren of California (for herself, Mr. THonNpEKEY, Me. Cos Mr. Pexce, Ms. LORETTA Saxcue~ of Colifornia, Mr. TURNER, intredueed the following bill; whieh was referred to the Ocroner 3, 2008 Coens, Mr Al Additional sponsors: ) 7 : Net, Ms. SOLIS, KUON-LEE of Tests, Ms, ROYAL-ALLA Haaus, Mr. Gxuauvs, Mrs. Narourrano, Ms. Lapa ‘T. Save California, Mr. Pastox, and Mr. Baca OcrovEE 3, 2008 committed ta the Committee of the Whole n, and ordered to he printed el nenline Reported with a House on the State of the Uni se aul ithe part prints i [Strike out al [or text oF ntti oe copy ofl as intial on May 8, 2008], A BILL To amend the Immigration and Nationality Act to protect ilies, and for the well-being of soldiers and. their other purposes.as we ao 2 Re it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “Lance Corporal Jose Gutierrez Act of 2008", SEC. 2, FACILITATING NATURALIZATION FOR MILITARY PERSONNEL. (a) IX GENERAL—Any person who served honorably as a member of the Armed Forces in support of contingency operations (as defined in section 101(a)(13) of title 10, United States Code) shall be eligible for naturalization pur- efor naturalization pur of the Immigration and Nationality suant to section et (8 U, 1440) as if the person had served during « 4 L 4 poriod designated by the President under such section 329 (b) Naruranization THROUGH SERVICE IN THE Araep Forces op THE UNITED St.aTES—Section 528 of the Immigration and Nationality Act (8 U.S.C. 1439) is amended— (1) in subsection (a), by striking “six months” 6 no and inserting “one year (2) by striking subsection (0): months” (3) in subsection (i), by striking * and inserting “one year”: and (4) by vedesignating subsections (d), (e), and (D) as subsections (c), (d), and (e), respectively. SHR e020 113 1 SEC. 3. FACILITATING REMOVAL OF CONDITIONAL STATUS 2 FOR MILITARY PERSONNEL AND THEIR PAMI- 3 LIES. 4 (a) PurtoD ror FiLine Prrrri0n.—Section 216(d)(2) 5 of the Immigration and Nationality Act (8 U.S.C. 6 1186a(d)(2)) is amended— 7 (1) in subparagraph (A), by striking “subpara- 8 graph (B),” and inserting “subparagraphs (B) and 9 (D),”; and 0 1 (2) by adding at the end the folowing: WL “(D) Prone oF perrerons DURING AMILI- 12 TARY SERVICE—In the ease of an alien who is 13 serving as a member of the Selected Reserve of 14 the Ready Reserve or in an active-duty status in 15 the military, air, or naval forces of the United 16 States during the 90-day period described in 7 subparagraph (A), the alien may file the petition 18 under subsection (o)(1)(A) during the 6-month 19 period beginning on the date on which the alien 20 is discharged from such service.”. 2 (b) REQUIREMENTS oF TruwLy Peririon AND INTER- 22 view ror RemovaL or Conprrron—Section 216(c)(1)(B) 23 of the Immigration and Nationality Act (8 U.S.C. 24 1186a(a)(1)) is amended by inserting “or serving in the 25 Armed Forces at the time of the interview” after “deceased”. sn 6020 Rut4 5 6 7 8 9 0 4 SEC. 4. FACTORS TO CONSIDER IN INITIATING REMOVAL PROCEEDINGS AGAINST ACTIVE DUTY MILI- ‘TARY PERSONNEL OR VETERANS. Section 239 of the Immigration and Nationality Act @ C. 12294) is amended by adding at the eud the fol- lowing: “QL) A notice to appear shall not be issued against an alien who served honorably at any time in the Armed Forces of the United States, and who, if separated from such service, separated under honorable conditions, without prior approval from the Director of the United States Citizenship and Immigration Services or the Assistant Secretary of Homeland Security for US. Immigration and Customs Bue forcement. “(2) In determining whether to issue a notice to ap- pear agtinst such an alien, the Director ov the Assistant Sceretary shall consider the atien’s eligibility for natu ralization under section 328 or 329, as well as the alien's reeord of military service, grounds of deportability applica- ble to the alien, and any hardship to the Armed Sevviees, ihe ation, aud his or her family if the alien were to be placed in removal. proceedings. “(3) Analien who served honorably at any time in the Armed Forces of the United States, and who, if sepa- rated from such service, separated under honorable condi tions, shall not be removed from the United States under SHR 6020 RHwok eu 8 subparagraph (A)(i) or (BD (iii) of section 235(b)(L), section 238, or section 241(a)(. SBC. 5. DIS -RETIONARY RELIEF FOR ACTIVE DUTY MILI- TARY PERSONNEL, VETERANS, AND FAMILY MEMBERS IN REMOVAL PROCEEDINGS. (a) Grouxps oF IxapuisstpiLiry—Section 212 of the Immigration and Nationality Act (8 U.S.C, 1182) is amended by inserting after subsection (0) the following: “(o) Miuirary Servick Per: LAND FAMILY Meu “(L) IN GENERAL—With respect to an alien who served honorably at any time in the Armed Rorces of the United States, and who, if separated from such service, separated under honovable conditions, or au alien who is the spouse, child, son, daughter, parent, or minor sibling of @ member serving in the Armed Forces of the United States— A), (7)(A), (A) paragraphs (4), (3), (6) and (9)(B) af subsection (a) shall not apply: “(B) the Secretary of Homeland Security or the Attorney General, shall wot waive— “(i) subsection (a)(2)(B), if the atien actually was incarcerated for 5 years ov more for the offenses described in such sub- section; sHR C020 RHCede when 6 “Gii) subparagraph (C), (D), (G), or (A) of subsection (a)(2); “(iti) subparagraph (\), (B), (C), @), or (F) of subsection (a)(3); “fiv) subsection (u)(6)(E): “(o) subparagraph (A) or (C) of sum section (a)(10); or “(vi) subsection (a)(10)(D), if the alien has received a conviction, award, com- promise, settlement, or injunction far an of: fense desevibed in clause (i) of such sub- section, and if the court finds that the alien did not reasonably believe at the time such violation that the alien was « citizen: and “(C) the Secretary of Homeland Security, or the Attorney General, may waive any other provision of subsection (a). “(2) Warver pacrors.—In making a deter- mination under paragraph (1)(C), the following fac- tors may be considered: (A) The grounds of inadmissibility appli- cable to the alien, “(B) The alien's service in the United States military, or the degree to which the alien's SHR 020 RHv Soe dwd] wear ul 2 13 14 15 16 17 18 19 21 2 23 7 removal would affect a close family member who is serving or has served in the Armed Fovees “(C) The length of time the alien has lived in the United States, “(D) The degree to which the alien would be impacted by his or her removal from the United States. “(B) The existence of close family ties with- in the United States. “(B) The degree to which the alien's re- moval would adversely affect the alien's United States citizen, or lauful permanent resident, parents, spouses, children, sons, daughters, or siblings. “(G) The alien's history of employment in the United States, including whether the alien has been self-employed or has owned a business. “(H) The degree to which the alien's re- moval would adversely affect the atien’s United States employer or business. “(L) The degree to which the alien has ties to the alien's commumity in the United States or has contributed to the Nation through commu nity, volunteer, or other activ SHR 020 RH1 2 3 4 5 Scar dsa im 13 14 15 16 7 18 19 20 21 2 23 25 8 () Grounps of Deporvapi.rry.—Section 237 of the Immigration and Nationality Act (8 U.S.C. 1297) is amended by adding at the end the following: “(d) Murrary Service Personne AnD Fancy Meusers— “(1) IN GENERAL.—With respect to an alien who served honorably at any time in the Armed Forces of the United States, and who, if separated from such service, separated under honorable conditions, or an alien who is the spouse, child, son, daughter, parent, or minor sibling of a member serving in the Armed Forces of the United States— “(A) paragraphs (1)(D), (3)(A), and (5) of subsection (a) shall not apply; “(B) the Secretary of Homeland Security, or the Attorney General, shall. not waive— “(i) subsection (a)(1)(E); “(ii) subsection (a)(2)(A)(ti), if the alien actually was incarcerated for 5 years or more for the offenses deseribed in such subsection; “(iti) subsection (a)(2)(A)(Wii), if the aggravated felony involved was an offense described in subparagraph (A), (B), (C), (D), (EW, (H), (D, GOW, (Ki), “HR 6020 RH9 Mii), (LW), Mi), Ni (R), (8), ov (U) of section 101(a)(43): “(iv) clause (iv) or (v) of subsection (RHA); “(v) clause (i) or (ti) of subsection (MD); “(vi) subsection (a)(2)(D) (tii), if the , (Mii), offense is a violation of the Trading With the Enemy Act; “(vii) subsection (a)(2)(D)(iv), if the offense is a violation of section 278; “(wiii) subparagraph (A), (B), (CH), (D), or (B) of subsection (a)(4); or “(ix) subsection (a)(6)(A), if the alien has received a conviction, award, com- promise, settlement, or injunction for an of- Jfense described in such subsection, and if the court finds that the alien did not reasonably believe at the time such violation that the alien was a citizen; and “(C) the Secretary of Homeland Security, or the Attorney General, may waive any other provision of subsection (a). «HR 6020 RE10 “(2) Waiver Facrors—In making « deter- mination under paragraph (1)(C), the following fic- tors may be considered: “(A) The grounds of deportabitity applica ble to the alien. “(B) The alien's service in the United States military, or the degree to which the alien's removal would affect a close family member who is serving or has served in the Armed Forees, “(C) The length of time the alien hus lived in the United States. “(D) The degree to which the alicn would be impacted by his or her removal from the United States. “(B) The existence of close family ties with- in the United States “(P) The degree to which the alien's re- moval would adversely affect the alien's United States citizen, or lawful permanent resident, parents, spouses, children, sons, daughters, or siblings. “(G) The alion’s history of employment in the United States, including whether the alien has been self-employed or has owned a business, sHR 6020 RHwon woe HW “(H) The degree to which the alien’s ve- moval would adversely affect the aliens United States employer or business. “(D) The degree to which the ation has ties to the alien's community in the United States or has contributed to the Nation through commu- nity, vokunteer, or other activities SEC. 6. TIMELY REUNIFICATION OF MILITARY PERSONNEL AND THEIR NUCLEAR FAMILIES. Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following: “(P) Aliens who ave eligible for an immigrant under paragraph (2)(A) of section 203(a) and are either the spouse or child of an alien who is sere ing in the Armed Forces of the United States.”. ‘SEC. 7. RELIEF FOR IMMEDIATE FAMILY MEMBERS OF AC- TIVE DUTY PERSONNEL. (a) IN GexeraL—tThe Secretary of Homeland Scew- rity shall adjust the status of an alien described in sub- section (b) to that of an atien lawfully admitted for perma- nent residence if the alien — (1) applies for such adjustment, and is phys- ically present in the United States on the date the ap- plication is filed; SHIR 020 RHwk wn wea 2 (2) is admissible to the United States as an im- migrant, except as provided in subsection (d); and (3) pays a fee, as determined by the Secretary, ‘for the processing of such application. (b) ELIGIBLE ALIENS.— (1) IN GENERAL—The benefits provided in. sub- section (a) shail apply only to an alien who is a par- ent, sponse, child, son or daughter, or minor sibling of an eligible member of the Armed Fores, as defined in subsection (c). (2) PoSPHUMOUS BENEFITS —An alien described in paragraph (1) shall. continue to be eligible for ad- justment under this section for 2 years after the death of an eligible member of the Armed Forces whos death was the result of injury or disease incurred in or aggravated by his or her service in the Armed Forees. (c) Exiaiste Mempers ov tur Arwep Forcks.— In this section, “eligible member of the Armed Forces means any person who— (L) is serving or has served honorably as a mem- ber of the Selected Reserve of the Ready Reserve or in an active-duty status in the military, air, or naval forces of the United States during a period beginning February 28, 1961, and ending on a date designated SHR 6020 RHSeca raunnewn 1 12 13 14 18 16 7 18 19 20 21 22 23 24, 18 by the President by Executive order as of the date of termination of the Vietnam hostilities, or thereafter during any other period which the President by Exxec- utive order shall designate as a period in which Armed Forces of the United States are or were en- gaged in military operations involving armed conflict with a hostile foreign force; and (2) if separated from the service described in paragraph (1), was separated under honorable condi- tions. (q) Warver or Cxrvain Grounps or INapuis- SIBILITY.—For the purpose of adjustment of status under this seetion: (1) Paragraphs (4), (5), (6)(A), (7A), and (9)(B) of section 212(a) of the Immigration and Na- tionality Act (8 U.S.C. 1182(a)) shall not apply. (2) The Secretary of Homeland Security, or the Attorney General, shall not waive the following provi- sions of section 212 of the Immigration and Nation- ality Act (8 U.S.C, 1182): (A) Subsection (a)(2)(B), if the alien actu- ally was incarcerated for 5 years or more for the offenses described in such subsection. (B) Subparagraph (C), (D), (G), or (H) of subsection (a)(2). sHR 6020 RHESecwrxaueun i 13 14 15 16 17 18 4 (C) Subparagraph (A), (B), (©), (Hi), or (F) of subsection (a)(3). (D) Subsection (a)(6)(B). (B) Subparagraph (A) or (C) of subsection (@)(10). (B) Subsection (a)(10)(D), if the alien has received a conviction, award, compromise, settle ment, or injunction for an offense described in clause (i) of such subsection, and if the court finds that the alien did not reasonably believe at the time such violation that the alien was a cit- ‘zen. (3) The Secretary of Homeland Security, or the Attorney General, may waive any other provision of section 212(a) of the Immigration and Nationality Act (8 U.S.C, 1182(a)) for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. sHIR 6020 REL0209 "UH .. 28S ‘ON TepuaTeD WoL],Bil Summary & Status ~ 110th Congress (2007 - 2008) ~ H.8.6020 ~All nformation - THOMAS (ibrary of Congress) ayaa ats em he Library of Congress > THOMAS Hi Bill Summary & Status 110th Congress (2007 - 2008) H.R.6020 wv All Information ww - a H.R.6020 / Latest Title: Lance Corporal Jése Gutierrez Act of 2008 Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 5/8/2008) — Cosponsors (19) Latest Major Action: 10/3/2008 Placed on the Union Calendar, Calendar No. 587, House Reports: 110-912 / Jump to: Summary, Major Actions, All Actions, Titles, Cosponsors, Committees, Related Bill Details, Amendments SUMMARY AS OF: 10/3/2008--Reported to House amended. (There is 1 other summary) Ance Corporal Jose Gutierrez Act of 2008) (Sec. 2) States that any person who served honorably as) jer of the U.S. Armed Forces (Armed Forces) in support of contingency operations shall be eligible for naturalization as if the person had served during a period of presidentially- designated military hostilities. Amends the Immigration and Nationality Act to extend the period for filing a naturalization application to one year after completion of eligible military service. > Tin AE Die p96 1 ——- (Sec. 3) Permits a conditional permanent resident alien who is a member of the Selected Reserve or an active-duty member of the Armed Forces to file the petition to remove conditional status during the six month period after service discharge. Exempts a U.S. citizen soldier who is married to a conditional permanent residents from having to appear at an in-person interview for their spouses’ removal of conditional status. (Sec. 4) Sets forth factors to be considered in initiating removal proceedings against active duty members of the Armed Forces or veterans. (Sec. 5) Prohibits removal of an alien who is a member or/veteran of the Armed Forces based upon: (1) illegal reentry; t2}expeutred removal for comnfission of certain crimes; or (3) Inspection for admissions or asylum. panne inp: )thomas ae.gav/enl-bin hequery 22d O:MROSO20;BSLEsumMz—Me age LoftBil Sumihary & Status ~ 120th Congress (2007 ~ 2008) ~H.8,6020 ~ All Information ~ THOMAS (Library of Congress) snus 445 Pu Exempts from specified grounds of jnadmissibility or deportation an alien who is: (1) a member of the Armed Forces who has serued honarably; (2) a veteran of the Armed Forces who separated under honorable conditions; (3) the spouse, child, son, daughter, parent, or minor sibling of a member of the Armed Forces, Authorizes the Secretary of Homeland Security or the Attorney General to waive other grounds (with specified exceptions) for such removal. Sets forth waiver factors. ~——S COr-0vam (Sec. 6) Exempts from worldwide immigrant visa numerical limitations an alien who is eligible for a family-sponsored immigrant visa and Is elther the spouse or child of a permanent resident alien who is serving in the Armed Forces. (Sec. 7) Directs the Secretary to adjust to permanent resident status an alien who is a parent, spouse, child, son or daughter, or minor sibling of a person who is serving or has served WUT Armed Forces honorably during the period beginning February_28, 1961, and ending on a date presidentially-designated as the date of termination of the Vietam hostilities, or thereafter during any presidentially-designated period of military hostilities. Permits posthumous benefits under specified circumstances. Whives certain grounds of inadmissibility. : Z MAJOR ACTIONS: tor) 26) wi 5/8/2008 Introduced in House 10/3/2008 Reported (Amended) by the Committee on Judiciary. H. Rept. 110-912. 10/3/2008 Placed on the Union Calendar, Calendar No. 587. iy ALL ACTIONS: Yeon [pserr 5/8/2008: Referred to the House Committee on the Judiciary. o> 6/3/2008: Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law 9/17/2008: Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law Discharged. 9/17/2008: Committee Consideration and Mark-up Session Held, 9/17/2008: Ordered to be Reported (Amended) by Voice Vote. 10/3/2008 3:29pm: Reported (Amended) by the Committee on Judiciary. H. Rept. 110-912. 10/3/2008 3:29pm: Placed on the Union Calendar, Calendar No. 587. TITLE(S): (italics indicate a title for a portion of a bill) nap /thomas loe.gow/cat-bin/bquery/22d110:4805020:20@L€summ2=m Page 2 of 4i Suman Stats ~ 1100 Congres (2007 ~ 2008) = 9.6020 ~ Al nfomatin ~THOWAS Liar of Congress) ey11ya3 4s ow © SHORT TITLE(S) AS REPORTED TO HOUSE: | Lance Corporal Jose Gutierrez Act of 2008 | © OFFICIAL TITLE AS INTRODUCED: | To amend the Immigration and Nationality Act to protect the well-being of soldiers and their families, and for other purposes. | COSPONSORS(19), ALPHABETICAL [followed by Cosponsors withdrawn]: (Sort: by date) | Rep Abercrombie, Neil [HI-1] - 5/15/2008 | | Rep Baca, Joe [CA-43] - 9/10/2008 | | Rep Convers, John, Jr. [MI-14] - 5/8/2008 | Rep Cuellar, Henry [TX-28] - 5/15/2008 | Rep Filner, Bob [CA-51] - 5/22/2008 Rep Grijalva, Raul M. [AZ-7] - 6/3/2008 | Rep Harman, Jane [CA-36] - 5/22/2008 | Rep Honda, Michael M. [CA-15] - 5/22/2008 | Rep Jackson-Lee, Sheila [TX-18] - 5/22/2008 Rep Napolitano, Grace F. [CA-38] - 6/10/2008 | Rep Pastor, Ed [AZ-4] - 6/10/2008 | Rep Pence, Mike [IN-6] - 5/8/2008 Rep Reyes, Silvestre [TX-16] - 5/8/2008 j Rep Roybal-Allard, Lucille [CA-34] - 5/22/2008 | Rep Sanchez, Linda T. [CA-39] - 6/10/2008 Rep Sanchez, Loretta [CA-47] - 5/8/2008 Rep Solis, Hilda L. [CA-32] - 5/22/2008 | Rep Thornberry, Mac [TX-13] - 5/8/2008 Rep Turner, Michael R. [OH-3] - 5/8/2008 COMMITTEE(S): | Committee/Subcommittee: Activity: House Judici Referral, Markup, Reporting | Subcommittee on immigration, Citizenshi Refugees, Border Security, | and International Law Referral, Discharged RELATED BILL DETAILS: | sOHNONER™* AMENDMENT(S): | eee NONER | ‘Stay Connected with the Library all ways to connect » L bntp-/thomas oe gov/egi-bin/bdquery/224110:HRO6020: G8: 2summ2=me, Page 3064