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{title: 'THOMAS - Bill Text - h3894.ih', link: 'http://thomas.loc.gov/cgi-bin/query/z?c107:h3894.ih:' }


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Congressional Record References

Bill Summary & Status

H.R.3894

Restoration of Fairness in Immigration Act of 2002 (Introduced in House)

Beginning
March 7, 2002
    SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT; TABLE OF CONTENTS.
    Sec. 1. Short title; amendments to Immigration and Nationality Act; table of contents.
    Sec. 126. Deadline for placement in removal proceedings.
    Sec. 501. Limiting forfeiture for certain assets used to violate INA where there was no commercial gain.
TITLE I--DUE PROCESS IN IMMIGRATION PROCEEDINGS
Subtitle A--Due Process in Expedited Removal Proceedings
    SEC. 101. DUE PROCESS IN ADMISSIBILITY AND ASYLUM CASES.
    SEC. 102. USING IMMIGRATION JUDGES IN EXPEDITED REMOVAL PROCEEDINGS.
    SEC. 103. EQUITABLE DETERMINATION OF `CREDIBLE FEAR OF PERSECUTION' IN CASES INVOLVING UNIQUE FACT PATTERNS.
Subtitle B--Judicial Review in Immigration Proceedings
    SEC. 111. JUDICIAL REVIEW OF ADMINISTRATIVE REMEDIES AND HABEAS CORPUS.
`JUDICIAL REVIEW OF ORDERS OF REMOVAL
    SEC. 112. JUDICIAL REVIEW OF ASYLUM DETERMINATIONS.
    SEC. 113. JUDICIAL REVIEW OF DECISIONS CONCERNING APPREHENSION AND DETENTION OF ALIENS.
    SEC. 114. JUDICIAL REVIEW OF DECISIONS CONCERNING WAIVERS.
    SEC. 115. JUDICIAL REVIEW OF ORDERS ISSUED IN ABSENTIA.
    SEC. 116. JUDICIAL REVIEW OF DENIAL OF REQUEST FOR ORDER OF VOLUNTARY DEPARTURE.
    SEC. 117. TRANSITIONAL CHANGES IN JUDICIAL REVIEW.
Subtitle C--Fairness in Removal Proceedings
    SEC. 121. EQUITABLE BURDEN OF PROOF FOR ADMISSIBILITY.
    SEC. 122. PRESUMPTION IN FAVOR OF WITHDRAWAL OF APPLICATION FOR ADMISSION.
    SEC. 123. ABSENCES OUTSIDE THE CONTROL OF THE ALIEN.
    SEC. 124. REINSTATEMENT OF REMOVAL ORDERS AGAINST ALIENS ILLEGALLY REENTERING.
    SEC. 125. REMOVAL HEARINGS OPEN TO THE PUBLIC.
    SEC. 126. DEADLINE FOR PLACEMENT IN REMOVAL PROCEEDINGS.
Subtitle D--Fairness in Detention
    SEC. 132. PERIODIC REVIEW OF DETENTION DETERMINATION.
    SEC. 133. LIMITATION ON INDEFINITE DETENTION.
    SEC. 134. PILOT PROGRAM TO CONSIDER ALTERNATIVES TO DETENTION.
    SEC. 135. ELIMINATION OF MANDATORY DETENTION IN EXPEDITED REMOVAL PROCEEDINGS.
    SEC. 136. RIGHT TO COUNSEL.
    SEC. 137. AUTOMATIC STAYS OF RELEASE ORDERS.
    SEC. 138. REPORT ON DETENTION OF ALIENS.
    SEC. 139. CLARIFICATION OF INTENT OF TRANSITIONAL PROVISION ON REFERENCES TO REMOVAL ORDERS.
Subtitle E--Consular Review of Visa Applications
    SEC. 141. ESTABLISHMENT OF A BOARD OF VISA APPEALS.
`board of visa appeals
    SEC. 142. NONDISCRIMINATION PROVISIONS.
TITLE II--FAIRNESS AND EQUITY IN CASES INVOLVING PREVIOUS AND MINOR MISCONDUCT
Subtitle A--Increased Fairness and Equity Concerning Removal Proceedings
    SEC. 201. EQUITABLE DEFINITION OF `CRIME INVOLVING MORAL TURPITUDE'.
    SEC. 202. EQUITABLE APPLICATION AND DEFINITION OF `AGGRAVATED FELONY'.
    SEC. 203. EQUITABLE DEFINITIONS OF `CONVICTION' AND `TERM OF IMPRISONMENT'.
    SEC. 204. EQUITABLE DEFINITION OF `CRIMES OF MORAL TURPITUDE'.
    SEC. 205. RESTORATION OF FAIRNESS IN EQUITABLE RELIEF FOR LONG-TIME LEGAL PERMANENT RESIDENTS.
    SEC. 206. RESTORATION OF FAIRNESS IN EQUITABLE RELIEF FOR OTHER NONCITIZENS.
    SEC. 207. ELIMINATING UNFAIR RETROACTIVE CHANGES IN REMOVAL RULES FOR PERSONS SUBJECT TO PENDING PROCEEDINGS.
    SEC. 208. ELIMINATING UNFAIR RETROACTIVE CHANGES IN REMOVAL RULES FOR PERSONS PREVIOUSLY REMOVED.
Subtitle B--Increased Fairness and Equity Concerning 5-Year Bars to Admission and Other Grounds for Exclusion
    SEC. 211. LIMITING 5-YEAR BAR TO ADMISSION TO PERSONS WHO WILLFULLY FAIL TO ATTEND REMOVAL PROCEEDINGS.
    SEC. 212. LIMITING 5-YEAR BAR TO ADMISSION TO PERSONS WHO WILLFULLY VIOLATE STUDENT VISA CONDITIONS.
    SEC. 213. LIMITING BAN ON ADMISSIBILITY TO PERSONS WHO WILLFULLY MAKE FALSE CLAIMS FOR CITIZENSHIP.
    SEC. 214. EQUITABLE WAIVER OF INADMISSIBILITY FOR MINOR CRIMINAL OFFENSES.
    SEC. 215. ELIMINATING THE 3 AND 10 YEAR BARS TO INADMISSIBILITY.
TITLE III--ENCOURAGING FAMILY REUNIFICATION
Subtitle A--Reuniting Family Members
    SEC. 301. VISA FOR SPOUSES AND CHILDREN OF PERMANENT RESIDENTS TEMPORARILY WAITING FOR VISA NUMBERS.
    SEC. 302. REFUGEE STATUS FOR UNMARRIED SONS AND DAUGHTERS OF REFUGEES.
    SEC. 303. ASYLEE STATUS FOR UNMARRIED SONS AND DAUGHTERS OF ASYLEES.
    SEC. 304. PROTECTION AGAINST PROCESSING DELAYS.
`protection against processing delays for children
Subtitle B--Limited Waiver of Grounds of Admissibility
    SEC. 311. DISCRETIONARY WAIVER IN CASES INVOLVING FAMILY MEMBERS.
    SEC. 312. DISCRETIONARY WAIVER IN DOCUMENT CASES INVOLVING FAMILY MEMBERS.
    SEC. 313. DISCRETIONARY WAIVER TO ADMIT PERSONS IN UNUSUAL CIRCUMSTANCES.
    Subtitle C--Eliminating Unfairness and Waste in Section 245(i) Waivers
    SEC. 321. PERMANENT APPLICATION OF SECTION 245(i).
Subtitle D--Equitable Procedures Concerning Voluntary Departure
    SEC. 331. DISCRETIONARY DETERMINATION OF PERIOD OF VOLUNTARY DEPARTURE.
    SEC. 332. DISCRETIONARY DETERMINATION OF VOLUNTARY DEPARTURE BOND BASED ON INDIVIDUAL CIRCUMSTANCES.
    SEC. 333. ELIMINATION OF AUTOMATIC PENALTIES FOR FAILING TO DEPART IN ACCORDANCE WITH A VOLUNTARY DEPARTURE GRANT.
Subtitle E--Fairness in Determination of Public Charge
    SEC. 341. EQUITABLE PROCEDURES CONCERNING PUBLIC CHARGE AND AFFIDAVIT OF SUPPORT.
TITLE IV--FAIRNESS IN ASYLUM AND REFUGEE PROCEEDINGS
Subtitle A--Increased Fairness in Asylum Proceedings
    SEC. 401. ELIMINATION OF ARBITRARY TIME LIMITS ON ASYLUM APPLICATIONS.
    SEC. 402. GENDER-BASED PERSECUTION.
    SEC. 403. PRESUMPTION OF ASYLUM IN CASES OF PAST PERSECUTION.
    SEC. 404. REBUTTABLE PRESUMPTION OF ASYLUM WHERE PERSECUTION OCCURS WITH RESPECT TO A PARTICULAR LOCATION IN A COUNTRY.
    SEC. 405. ELIMINATION OF ARBITRARY CAP ON PERSONS ELIGIBLE TO ADJUST STATUS FROM ASYLEES TO LEGAL PERMANENT RESIDENTS.
    SEC. 406. RESTORATION OF ELIGIBILITY FOR WITHHOLDING OF REMOVAL FOR PERSONS FACING LOSS OF LIFE OR FREEDOM.
Subtitle B--Increased Fairness and Rationality in Refugee Consultations
    SEC. 411. TIMELY CONSULTATION WITH RESPECT TO REFUGEE ADMISSIONS.
TITLE V--MISCELLANEOUS PROVISIONS
    SEC. 501. LIMITING FORFEITURE FOR CERTAIN ASSETS USED TO VIOLATE INS WHERE THERE WAS NO COMMERCIAL GAIN.
    SEC. 502. ELIMINATION OF BAN ON STATE AND LOCAL GOVERNMENTS FROM PREVENTING COMMUNICATIONS WITH THE INS.
    SEC. 503. ELIMINATION OF AUTHORITY TO PERMIT STATE PERSONNEL TO CARRY OUT IMMIGRATION OFFICER FUNCTIONS.
    SEC. 504. PAROLE AUTHORITY.
    SEC. 505. ENHANCED BORDER PATROL RECRUITMENT AND RETENTION.
    SEC. 506. ELIMINATION OF DENIAL OF IMMIGRATION BENEFITS FOR ERRONEOUS ASYLUM APPLICATION.
    SEC. 507. AUTHORIZATION OF APPROPRIATIONS FOR IMPLEMENTATION OF ACT.
TITLE VI--EFFECTIVE DATES
    SEC. 601. GENERAL EFFECTIVE DATE.
    SEC. 602. OTHER EFFECTIVE DATES.


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