article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Central American Deportation Relief Act''. SEC. 2. MODIFICATION OF PHYSICAL PRESENCE RULE WITH REGARD TO SUSPENSION OF DEPORTATION. (a) In General.--Section 309(c)(5) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; division C; 110 Stat. 3009-627)) is amended to read as follows: ``(5) Transitional rules with regard to suspension of deportation.-- ``(A) Calculation of period of continuous physical presence.--Paragraphs (1) and (2) of section 240A(d) of the Immigration and Nationality Act (relating to continuous residence or physical presence) shall apply to notices to appear, or orders to show cause (referred to in section 242B(a)(1) of the Immigration and Nationality Act, as in effect before the title III-A effective date), issued before, on, or after the date of the enactment of this Act. ``(B) Exception for certain orders.--In any case in which the Attorney General elects to terminate and reinitiate proceedings in accordance with paragraph (3) of this section, paragraphs (1) and (2) of section 240A(d) of the Immigration and Nationality Act shall not apply to an order to show cause issued before April 1, 1997. ``(C) Special rule for certain aliens granted temporary protection from deportation.-- ``(i) In general.--For purposes of calculating the period of continuous physical presence under section 244(a) of the Immigration and Nationality Act (as in effect before the title III-A effective date) or section 240A of such Act (as in effect after the title III-A effective date), such period is deemed to terminate on April 1, 1997, in the case of an alien who demonstrates that the alien has not been convicted at any time of an aggravated felony (as defined in section 101(a) of the Immigration and Nationality Act); has not been apprehended while attempting to enter the United States unlawfully after December 12, 1990; and is-- ``(I) a Salvadoran national who first entered the United States on or before September 19, 1990; who registered for benefits pursuant to the settlement agreement in American Baptist Churches, et al. v. Thornburgh (ABC), 760 F. Supp. 796 (N.D. Cal. 1991) on or before October 31, 1991, or applied for temporary protected status on or before October 31, 1991; and who applied for asylum under section 208 of the Immigration and Nationality Act on or before February 16, 1996; ``(II) a Guatemalan national who first entered the United States on or before October 1, 1990; who registered for benefits pursuant to such settlement agreement on or before December 31, 1991; and who applied for asylum under section 208 of the Immigration and Nationality Act on or before January 3, 1995; or ``(III) a Nicaraguan national who first entered the United States on or before April 1, 1990. ``(ii) Motions to reopen deportation proceedings.--Any alien found ineligible for suspension of deportation prior to July 10, 1997, solely on the basis of this paragraph (as in effect prior to the effective date of the Central American Deportation Relief Act), and who claims eligibility for suspension of deportation as a result of the amendments made by section 101 of such Act, may, notwithstanding any other limitations imposed by law on motions to reopen, file one motion to reopen deportation proceedings to apply for suspension of deportation. The Attorney General shall designate a specific time period in which all such motions to reopen are required to be filed. The period shall begin not later than 60 days after the date of the enactment of the Central American Deportation Relief Act and shall extend for a period not to exceed 180 days.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-546). SEC. 3. MODIFICATION OF HARDSHIP RULE WITH REGARD TO SUSPENSION OF DEPORTATION. (a) In General.--Section 309(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; division C; 110 Stat. 3009-625)), as amended by section 1, is further amended by adding at the end the following: ``(8) Transitional rule with regard to suspension of deportation hardship standard.-- ``(A) In general.--Except as provided in subparagraph (B) and notwithstanding paragraphs (1) and (2) of section 244(a) of the Immigration and Nationality Act (as in effect before the title III-A effective date), section 240A(b)(1)(D) of the Immigration and Nationality Act shall apply to an alien-- ``(i) whose application for suspension of deportation was filed in deportation proceedings that were commenced before the title III-A effective date; and ``(ii) on which application no final administrative action was taken prior to the date of the enactment of the Central American Deportation Relief Act. ``(B) Exception.--Subparagraph (A) shall not apply to any alien described in paragraph (5)(C)(i).''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 4. OFFSET FOR LIMITATION ON CANCELLATIONS OF REMOVAL AND SUSPENSIONS OF DEPORTATION. (a) Annual limitation.--Section 240A(e) of the Immigration and Nationality Act (8 U.S.C. 1229b(e)) is amended to read as follows: ``(e) Annual Limitation.-- ``(1) Aggregate limitation.--Subject to paragraphs (2) and (3), the Attorney General may not cancel the removal and adjust the status under this section, nor suspend the deportation and adjust the status under section 244(a) (as in effect before the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), of a total of more than 4,000 aliens in any fiscal year. The previous sentence shall apply regardless of when an alien applied for such cancellation and adjustment, or such suspension and adjustment, and whether such an alien had previously applied for suspension of deportation under such section 244(a). The numerical limitation under this paragraph shall apply to the aggregate number of decisions in any fiscal year to cancel the removal (and adjust the status) of an alien, or suspend the deportation (and adjust the status) of an alien, under this section or such section 244(a). ``(2) Fiscal year 1997.--For fiscal year 1997, paragraph (1) shall only apply to decisions to cancel the removal of an alien, or suspend the deportation of an alien, made after April 1, 1997. ``(3) Offset for decisions in excess of aggregate limitation.--In fiscal year 1998 and subsequent fiscal years, and with respect only to aliens described in section 309(c)(5)(C) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (as amended by the Central American Deportation Relief Act), the Attorney General may elect to exceed the aggregate numerical limitation under paragraph (1) by a number not greater than 10,000. For each such alien granted cancellation of removal or suspension of deportation in excess of 4,000 in such a fiscal year, the Attorney General shall reduce by 1, during the next following fiscal year, the total number of immigrant visas that are made available under section 203(b)(3)(A)(iii).''. (b) Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents.--Section 240A(b) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)) is amended in each of paragraphs (1) and (2) by striking ``may cancel removal in the case of an alien'' and inserting ``may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien''. (c) Recordation of Date.--Section 240A(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)(3)) is amended to read as follows: ``(3) Recordation of date.--With respect to aliens who the Attorney General adjusts to the status of an alien lawfully admitted for permanent residence under paragraph (1) or (2), the Attorney General shall record the alien's lawful admission for permanent residence as of the date of the Attorney General's cancellation of removal under paragraph (1) or (2).''. (d) April 1 Effective Date for Aggregate Limitation.--Section 309(c)(7) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; division C; 110 Stat. 3009-627)) is amended to read as follows: ``(7) Limitation on suspension of deportation.--After April 1, 1997, the Attorney General may not suspend the deportation and adjust the status under section 244 of the Immigration and Nationality Act (as in effect before the title III-A effective date) of any alien in any fiscal year, except in accordance with section 240A(e) of such Act. The previous sentence shall apply regardless of when an alien applied for such suspension and adjustment.''. (e) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-546).
summary: Central American Deportation Relief Act - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with regard to suspension of deportation provisions to modify: (1) the physical presence rule concerning certain reinitiated proceedings; and (2) the hardship rule. Provides a special determination of physical presence rule for certain Salvadoran, Guatemalan, or Nicaraguan nationals granted temporary deportation protection. Authorizes certain aliens to file motions to reopen their deportation proceedings. Revises related annual limitation and offset provisions.