The following is an analysis of H.R. 2722, the legislative framework on which the Administration is basing its attempt to include an amnesty for hundreds of thousands of Central American illegal aliens in one of the final budget bills:

  1. Under the Nicaraguan Adjustment and Central American Relief Act (NACARA) §202, Cubans and Nicaraguans present in the U.S. since December 1, 1995 could apply for LPR status by April 1, 2000. Under §203, Guatemalans and El Salvadorans illegally in the U.S. or who had filed an asylum application before several dates in 1990 could only apply for a stay of deportation, (SOD) under rules in force before the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA).

  2. H.R. 2722 §2 adds Salvadorans, Guatemalans, and Haitians to the nationalities eligible for LPR status under NACARA §202. Deadline for all nationalities to apply is extended to April 1, 2003. Any listed national present in the U.S. on the date of passage of H.R. 2722 is eligible.

  3. Any pending application for NACARA §203 SOD can be converted to an application for LPR status.

  4. Applications by Haitians under the Haitian Refugee Immigration Fairness Act of 1998 can also be converted to NACARA §203 LPR status applications, but at the discretion of the Attorney General

  5. H.R. 2722 §5 allows applications from aliens who are otherwise inadmissible on certain medical, criminal, or immigration violation grounds: a. Inadmissibility of AIDS or other communicable disease carriers can be waived. b. DOJ can no longer reinstate removal orders for aliens for NACARA applicants who have re-entered the U.S. illegally after being removed. The bar on applications for relief by this class of aliens under INA §214(a)(5) is also lifted. c. Aliens who have been removed and are barred from admissibility for 5 years are eligible to apply for LPR status. d. Illegal aliens can apply for NACARA LPR status while in the U.S.

  6. Aliens in removal or exclusion proceedings, or who have been ordered removed or are under a voluntary departure order can now apply for LPR status. If the application is approved, the removal orders/proceedings are canceled.

  7. Derivative relatives of eligible aliens, i.e. spouses, children, stepchildren, and unmarried sons and daughters who are related either by marriage or present in the U.S. on the date of H.R. 2722 enactment will also be eligible for LPR status.

  8. Spouses and children of these derivative relatives will be eligible for immediate relative immigrant visas. These derivative relatives and their second tier derivative immigrant relatives will be excluded from family visas numerical limits.

  9. Similar amendments to items 5, 6, 7, and 8 above are also made to the Haitian Refugee Immigration Fairness Act of 1998.

  10. The cancellation of removal proceedings and orders, and the eligibility of relatives under items 6 and 7 above are made retroactive to the date of enactment of NACARA (November 1997) and the Haitian Refugee Immigration Fairness Act of 1998. INA restrictions on the right of aliens who have received a final denial of relief under either Act are removed, and these aliens can reopen their cases.
For more information, contact FAIR's legislative department at (202) 328-7004. TALKING POINTS: See our action alert about this item.

FAIR, 11/99.