text: 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).
target: 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.
feat_title: Central American Deportation Relief Act