article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigrant Children's Educational Advancement and Dropout Prevention Act of 2001''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Undocumented children come to the United States for a variety of reasons. Most are brought to the United States by adults and have no ability to make an independent decision about whether or not to migrate to the United States. Some come with their parents. Others are brought by smugglers and traffickers intent on exploiting them. (2) It is the policy of the United States Government, supported both by acts of Congress and Supreme Court precedent, to permit undocumented children to attend public schools in the United States. This policy is rooted in recognition of the fact that such children often are not in a position to make an independent decision about where they will live, of the vulnerability of children, and by the desire to ensure that such children have an opportunity to become educated while in the United States. (3) Each year, 50,000 to 75,000 such undocumented children graduate from United States public schools after having resided in the United States for 5 or more years. (4) Young children who have resided in the United States for a substantial period of their lives often are acculturated as Americans, including learning to speak English. Often, they consider themselves Americans and have little or no knowledge or ties to the country in which they were born. (5) Current law provides little avenue for long-staying alien children to regularize their immigration status. This, in turn, prevents them from continuing their education past high school, making it less likely that they will succeed in life and encouraging many to drop out of high school before graduating. (6) While current law requires State and local governments to provide elementary and secondary education to undocumented alien children, the law effectively precludes State and local governments from providing in-State tuition to these same alien children once they have graduated from high school. (b) Purposes.--The purposes of this Act are-- (1) to provide an opportunity to certain alien children who were brought to the United States at a young age and have since been acculturated in the United States to adjust their status to lawful permanent residency and become contributing members of United States society; (2) to restore to each State the flexibility to provide in- State tuition to all children residing in the State, including to undocumented alien children; and (3) to permit and encourage alien children who were brought to the United States at a young age and have been educated in United States elementary and secondary schools to continue their education through high school graduation and into college. SEC. 3. ATTORNEY GENERAL AUTHORITY TO ADJUST STATUS OF CERTAIN CHILDREN. (a) In General.--Section 240A(b) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)) is amended-- (1) in paragraph (3)-- (A) by striking ``paragraph (1) or (2)'' and inserting ``paragraph (1), (2), or (3)'' each place it appears; (B) by redesignating such paragraph as paragraph (5); and (C) by moving such paragraph to follow paragraph (4); and (2) by inserting after paragraph (2) the following new paragraph: ``(3) Rule for alien residents brought to the united states as children.-- ``(A) Authority.--Subject to the restrictions in subparagraph (D), the Attorney General shall cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien demonstrates that-- ``(i) in the case of an alien who-- ``(I) has not attained the age of 21 at the time of application, the alien has been physically present in the United States for a continuous period of not less than five years immediately preceding the date of such application, or ``(II) has attained the age of 21 but had not attained the age of 25 at the time of application, such alien has been physically present in the United States for a continuous period of not less than five years immediately preceding the date of such application, including the five years immediately preceding the attainment of the age of 21; ``(ii) the alien has been a person of good moral character during the five-year period preceding the application and admission; and ``(iii) the alien is either a secondary school student in the United States, is attending an accredited two-year or four-year post secondary educational institution in the United States, or has submitted an application for admission to an accredited two-year or four-year post-secondary educational institution in the United States. ``(B) Treatment of minor children.--The status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence if the alien is the child of an alien described in subparagraph (A). ``(C) Application for relief.--The Attorney General shall provide a procedure by regulation allowing eligible individuals to apply affirmatively for the relief available under this paragraph without being placed in removal proceedings. ``(D) Restrictions on authority.--The provisions of this paragraph shall not apply to any of the following aliens: ``(i) An alien who is inadmissible under section 212(a)(2)(A)(i)(I) or is deportable under section 237(a)(2)(A)(i) (relating to crimes of moral turpitude) unless the Attorney General determines that the alien's removal would result in extreme hardship to the alien, the alien's child, or (in the case of an alien who is a child) to the alien's parent. ``(ii) An alien who is inadmissible under section 212(a)(3) or is deportable under section 237(a)(2)(D)(i) or 237(a)(2)(D)(ii) (relating to security and related grounds).''. (b) Exemption From Numerical Limitations.--Section 240A(e)(3) of such Act (8 U.S.C. 1229b(e)) is amended by adding at the end the following new subparagraph: ``(C) Aliens described in subsection (b)(3).''. SEC. 4. ELIGIBILITY OF CANCELLATION APPLICANTS FOR FEDERAL AND STATE HIGHER EDUCATION ASSISTANCE. Notwithstanding any other provision of law, a child who has applied for relief under section 240A(b)(3) of the Immigration and Nationality Act (as added by the section 3(a)) but whose application has not been finally adjudicated, shall be deemed to be a ``qualified alien'' under section 431(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)) for the purpose of receiving any post-secondary education benefit, including any grants, loans, or scholarships. SEC. 5. STATE CONTROL OVER HIGHER EDUCATION ADMISSIONS IN STATE SYSTEMS. (a) In General.--Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat 3009-672; 8 U.S.C. 1623) is hereby repealed. (b) Effective Date.--The repeal made by subsection (a) shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
summary: Immigrant Children's Educational Advancement and Dropout Prevention Act of 2001 - Amends the Immigration and Nationality Act to direct the Attorney General to cancel the removal of, and adjust to permanent resident status, certain (inadmissible or deportable) alien secondary or college students with qualifying years of U.S. residency. Makes such aliens eligible for Federal and State higher education assistance during the pendency of their application for cancellation of removal.Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to repeal the provision prohibiting an unlawful alien's eligibility for higher education benefits based on State residence unless a U.S. national is similarly eligible without regard to such State residence.