Imagini ale paginilor
PDF
ePub
[merged small][ocr errors][merged small][ocr errors][ocr errors][merged small][ocr errors]

(6) an alien lawfully admitted for temporary or permanent residence under section 245A of the Immigration and Nationality Act. (b) For purposes of this section the term "financial assistance” means financial assistance made available pursuant to the United States Housing Act of 1937, Section 235, or 236 of the National Housing Act, or section 101 of the Housing and Urban Development Act of 1965.

(c)(1) If, following completion of the applicable hearing process, financial assistance for any individual receiving such assistance on the date of the enactment of the Housing and Community Development Act of 1987 is to be terminated, the public housing agency or other local governmental entity involved in the case of public housing or assistance under section 8 of the United States Housing Act of 1937) or the Secretary of Housing and Urban Development (in the case of any other financial assistance) may, in its discretion, take one of the following actions:

(A) Permit the continued provision of financial assistance, if necessary to avoid the division of a family in which the head of household or spouse is a citizen of the United States, a national of the United States, or an alien resident of the United States described in any of paragraphs (1) through (6) of subsection (a). For purposes of this paragraph, the term "family" means a head of household, any spouse, any parents of the head of household, any parents of the spouse, and any children of the head of household or spouse.

(B) Defer the termination of financial assistance, if necessary to permit the orderly transition of the individual and any family members involved to other affordable housing. Any deferral under this subparagraph shall be for a 6month period and may be renewed by the public housing agency or other entity involved for an aggregate period of 3 years. At the beginning of each deferral period, the public housing agency or other entity involved shall inform the individual and family members of their ineligibility for financial assistance and

offer them other assistance in finding other affordable housing. (2) Notwithstanding any other provision of law, the Secretary of Housing and Urban Development may not make financial assistance available for the benefit of

(A) any alien who

(i) has a resident in a foreign country that such alien has no intention of
abandoning;
(ii

) is a bona fide student qualified to pursue a full course of study; and (iii) is admitted to the United States temporarily and solely for purposes of pursuing such a course of study at an established institution of learning or other recognized place of study in the United States, particularly designated by such alien and approved by the Attorney General after consultation with the Department of Education of the United States, which institu; tion or place of study shall have agreed to report to the Attorney General the termination of attendance of each nonimmigrant student (and if any such institution of learning or place of study fails to make such reports

promptly the approval shall be withdrawan); and (B) the alien spouse and minor children of any alien described in subparagraph (A), if accompanying such alien or following to join such alien. (d) * The following conditions apply with respect to financial assistance being provided for the benefit of an individual:

(1/A) There must be a declaration in writing by the individual (or, in the case of an individual who is a child, by another on the individual's behalf), under penalty of perjury, stating whether or not the individual is a citizen or national

Subsection (d), as added by $ 121(aX2) of IRCA and amended by $ 164(c) of Public Law 100242, took effect on October 1, 1988. Section 1646g) of Public Law 100-242 provides as follows:

() TRANSITIONAL CERTIFICATION AND DOCUMENTATION PROVISIONS.-In carrying out section 214 of the Housing and Community Development

Act of 1980 during fiscal year 1988, the Secre tary of Housing and Urban Development shall require, as a condition of providing financial assistance for the benefit of any individual, that such individual

(1) declare in writing, under penalty of perjury, whether or not such individual is a citizen
or national of the United States; and
(2) if not a citizen or national-

(A) declare in writing, under penalty of perjury, the immigration status of such indi-
vidual, if such individual is not less than 52 years of age and is receiving financial as.
sistance on the date of the enactment of the Housing and Community Development Act
of 1987; or

B) provide such documentation regarding the immigration status of such individual as the Secretary may require by regulation.

of the United States, and, if that individual is not a citizen or national of the United States, that the individual is in a satisfactory immigration status.

(B) In this subsection, the term "satisfactory immigration status” means an immigration status which does not make the individual ineligible for financial assistance.

(2) If such an individual is not a citizen or national of the United States, is not 62 years of age or older, and is receiving financial assistance on the date of the enactment of the Housing and Community Development Act of 1987, there must be presented either

(A) alien registration documentation or other proof of immigration registration from the Immigration and Naturalization Service that contains the individual's alien admission number or alien file number (or numbers if the individual has more than one number), or

(B) such other documents as the Secretary determines constitutes reasonable evidence indicating a satisfactory immigration status. (3) If the documentation described in paragraph (2)(A) is presented, the Secretary shall utilize the individual's alien file or alien admission number to verify with the Immigration and Naturalization Service the individual's immigration status through an automated or other system (designated by the Service for use with States) that

(A) utilizes the individual's name, file number, admission number, or other means permitting efficient verification, and

(B) protects the individual's privacy to the maximum degree possible. (4) In the case of such an individual who is not a citizen or national of the United States, is not 62 years of age or older, and is receiving financial assistance on the date of enactment of the Housing and Community Development Act of 1987, if, at the time of application or recertification for financial assistance, the statement described in paragraph (1) is submitted but the documentation required under paragraph (2)(A) is not presented or if the documentation required under paragraph (2)(A) is presented but such documentation is not verified under paragraph (3)—

(A) the Secretary

(i) shall provide a reasonable opportunity to submit to the Secretary evidence indicating a satisfactory immigration status, or to appeal to the Immigration and Naturalization Service the verification determination of the Immigration and Naturalization Service under paragraph (3), and

(ii) may not delay, deny, reduce, or terminate the individual's eligibility for financial assistance on the basis of the individual's immigration status until such a reasonable opportunity has been provided; and (B) if any documents or additional information are submitted as evidence under subparagraph (A), or if appeal is made to the Immigration and Naturalization Service with respect to the verification determination of the Service under paragraph (3)—

(i) the Secretary shall transmit to the Immigration and Naturalization Service photostatic or other similar copies of such documents or additional information for official verification,

(ii) pending such verification or appeal, the Secretary may not delay, deny, reduce, or terminate the individual's eligibility for financial assistance on the basis of the individual's immigration status, and

(iii) the Secretary shall not be liable for the consequences of any

action, delay, or failure of the Service to conduct such verification. (5) If the Secretary determines, after complying with the requirements of paragraph (4), that such an individual is not in a satisfactory immigration status

(A) the Secretary shall deny or terminate the individual's eligibility for financial assistance, and

(B) the applicable fair hearing process shall be made available with respect to the individual. (6) For purposes of paragraph (5)(B), the applicable fair hearing process made available with respect to any individual shall include not less than the following procedural protections:

(A) The Secretary shall provide the individual with written notice of the determination described in paragraph (5) and of the opportunity for a hearing with respect to the determination.

(B) Upon timely request by the individual, the Secretary shall provide a hearing before an impartial hearing officer designated by the Secretary, at which hearing the individual may produce evidence of a satisfactory immigration status.

(C) The Secretary shall notify the individual in writing of the decision of the hearing officer on the appeal of the determination in a timely manner.

(D) Financial assistance may not be denied or terminated until the com

pletion of the hearing process. For purposes of this subsection, the term “Secretary" means the Secretary of Housing and Urban Development, a public housing agency, or another entity that determines the eligibility of an individual for financial assistance.

(e) The Secretary of Housing and Urban Development shall not take any compliance, disallowance, penalty, or other regulatory action against an entity with respect to any error in the entity's determination to make an individual eligible for financial assistance based on citizenship or immigration status

(1) if the entity has provided such eligibility based on a verification of satisfactory immigration status by the Immigration and Naturalization Service,

(2) because the entity, under subsection (d)(4)(A)(ii) (or under any alternative system for verifying immigration status with the Immigration and Naturalization Service authorized in the Immigration Reform and Control Act of 1986 (Public Law 99-603)), was required to provide a reasonable opportunity to submit documentation,

(3) because the entity, under subsection (d)(4)(B)(ii) (or under any alternative system for verifying immigration status with the Immigration and Naturalization Service authorized in the Immigration Reform and Control Act of 1986 (Public Law 99-603), was required to wait for the response of the Immigration and Naturalization Service to the entity's request for official verification of the immigration status of the individual, or

(4) because of a fair hearing process described in subsection (dX5/(B) (or pro vided for under any alternative system for verifying immigration status with the Immigration and Naturalization Service authorized in the Immigration

Reform and Control Act of 1986 (Public Law 99-603)). (f)(1) Notwithstanding any other provision of law, no agency or official of a State or local government shall have any liability for the design or implementation of the Federal verification system described in subsection (d) if the implementation by the State or local agency or official is in accordance with Federal rules and regulations.

(2) The verification system of the Department of Housing and Urban Development shall not supersede or affect any consent agreement entered into or court decree or court order entered into prior to the date of the enactment of the Housing and Community Development Act of 1987.

(g) The Secretary of Housing and Urban Development is authorized to pay to each public housing agency or other entity an amount equal to 100 percent of the costs incurred by the public housing agency or other entity in implementing and operating an immigration status verification system under subsection (d) (or any alternative system for verifying immigration status with the Immigration and Naturalization Service authorized in the Immigration Reform and Control Act of 1986 (Public Law 99-603)).

(c) TITLE IV EDUCATIONAL ASSISTANCE. Subsections (h), (i), and () of section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091), as added by $121(a)(3) of the Immigration Reform and Control Act of 1986 and as amended by $2(g) of the Immigration Technical Corrections Act of 1988 (Pub. L. 100-525, 102 Stat. 2611), provide as follows:

(h) IMMIGRATION Status VERIFICATION REQUIRED.—The following conditions apply with respect to an individual's receipt of any grant, loan, or work assistance under this title as a student at an institution of higher education:

(1)(A) There must be a declaration in writing to the institution by the student, under penalty of perjury, stating whether or not the student is a citizen or national of the United States, and, if the student is not a citizen or national of the United States, that the individual is in a satisfactory immigration status.

(B) In this subsection, the term "satisfactory immigration status” means an immigration status which does not make the student ineligible for a grant, loan, or work assistance under this title.

(2) If the student is not a citizen or national of the United States, there must be presented to the institution either

(A) alien registration documentation or other proof of immigration registration from the Immigration and Naturalization Service that contains the

individuals alien admission number or alien file number (or numbers if the individual has more than one number), or

(B) such other documents as the institution determines (in accordance with guidelines of the Secretary) constitutes reasonable evidence indicating

a satisfactory immigration status. (3) If the documentation described in paragraph (2)A) is presented, the institution shall utilize the individual's alien file or alien admission number to verify with the Immigration and Naturalization Service the individual's immigration status through an automated or other system (designated by the Service for use with institutions) that,

(A) utilizes the individual's name, file number, admission number, or other means permitting efficient verification, and

(B) protects the individual's privacy to the maximum degree possible. (4) In the case of such an individual who is not a citizen or national of the United States, if the statement described in paragraph (1) is submitted but the documentation required under paragraph (2) is not presented or if the documentation required under paragraph (2)(A) is presented but such documentation is not verified under paragraph (3)

(A) the institution

(i) shall provide a reasonable opportunity to submit to the institution evidence indicating a satisfactory immigration status, and

(ii) may not delay, deny, reduce, or terminate the individual's eligibility for the grant, Ioan, or work assistance on the basis of the individual's immigration status until such a reasonable opportunity has been provided; and (B) if there are submitted documents which the institution determines constitutes reasonable evidence indicating such status

(i) the institution shall transmit to the Immigration and Naturalization Service photostatic or other similar copies of such documents for official verification,

(ii) pending such verification, the institution may not delay, deny, reduce, or terminate the individual's eligibility for the grant, loan, or work assistance on the basis of the individual's immigration status, and

(iii) the institution shall not be liable for the consequences of any

action, delay, or failure of the Service to conduct such verification. (5) If the institution determines, after complying with the requirements of paragraph (4), that such an individual is not in a satisfactory immigration status

(A) the institution shall deny or terminate the individual's eligibility for such grant, loan, or work assistance, and

(B) the fair hearing process (which includes, at a minimum, the requirements of paragraph (6)) shall be made available with respect to the individ

ual. (6) The minimal requirements of this paragraph for a fair hearing process are as follows:

(A) The institution provides the individual concerned with written notice of the determination described in paragraph (5) and of the opportunity for a hearing respecting the determination.

(B) Upon timely request by the individual, the institution provides a hearing before an official of the institution at which the individual can produce evidence of a satisfactory immigration status.

(C) Not later than 45 days after the date of an individual's request for a hearing, the official will notify the individual in writing of the official's de

cision on the appeal of the determination. (i) LIMITATIONS OF ENFORCEMENT ACTIONS AGAINST INSTITUTIONS.—The Secretary shall not take any compliance, disallowance, penalty, or other regulatory action against an institution of higher education with respect to any error in the institution's determination to make a student eligible for a grant, loan, or work assistance based on citizenship or immigration status

(1) if the institution has provided such eligibility based on a verification of satisfactory immigration status by the Immigration and Naturalization Service,

(2) because the institution, under subsection (h)(4)(A)(ii), was required to provide a reasonable opportunity to submit documentation,

(3) because the institution, under subsection (h)(4)(B)(ii), was required to wait for the response of the Immigration and Naturalization Service to the institution's request for official verification of the immigration status of the student,

or

37-449 0 - 92

14

(4) because of a fair hearing process described in subsection (h/5/(B). (h) VALIDITY OF LOAN GUARANTEES FOR LOAN PAYMENTS MADE BEFORE IMMIGRATION STATUS VERIFICATION COMPLETED.—Notwithstanding subsection (h), if

(1) a guaranty is made under this title for a loan made with respect to an individual,

(2) at the time the guaranty is entered into, the sions of subsection (h) had been complied with,

(3) amounts are paid under the loan subject to such guaranty, and

(4) there is a subsequent determination that, because of an unsatisfactory im

migration status, the individual is not eligible for the loan, the official of the institution making the determination shall notify and instruct the entity making the loan to cease further payments under the loan, but such guaranty shall not be voided or otherwise nullified with respect to such payments made before the date the entity receives the notice.

C. EMERGENCY IMMIGRANT EDUCATION ACT OF 1984

(Originally enacted as title VI of the Education Amendments of

1984, Public Law 98-511, October 19, 1984, and rewritten and enacted as part D of title IV of the Elementary and Secondary Education Act of 1965 by $ 1001 of Public Law 100-297, April 28, 1988.)

PART D—IMMIGRANT EDUCATION

SEC. 4401. (20 U.S.C. 3121] SHORT TITLE.

This part may be cited as the “Emergency Immigrant Education Act of 1984”.
SEC. 4402. (20 U.S.C. 3122] DEFINITIONS.
As used in this part-

(1) The term “immigrant children” means children who were not born in any State and who have been attending schools in any 1 or more States for less than 3 complete academic years.

(2) The term "elementary or secondary nonpublic schools” means schools which comply with the applicable compulsory attendance laws of the State and which are exempt from taxation under section 501(c)(3) of the Internal Revenue

Code of 1954.
SEC. 4403. [20 U.S.C. 3123] AUTHORIZATIONS AND ALLOCATION OF APPROPRIATIONS.

(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to make payments to which State educational agencies are entitled under this part and payments for administration under section 4404 $30,000,000 for the fiscal year 1985, $40,000,000 for each of the fiscal years 1986, 1987, 1988, and 1989, and such sums as may be necessary for each of the fiscal years 1900, 1991, 1992, and 1993.

(b) ALLOCATION OF APPROPRIATIONS.—(1) If the sums appropriated for any fiscal year to make payments to States under this part are not sufficient to pay in full the sum of the amounts which State educational agencies are entitled to receive under this part for such year, the allocations to State educational agencies shall be ratably reduced to the extent necessary to bring the aggregate of such allocations within the limits of the amounts so appropriated.

(2) In the event that funds become available for making payments under this part for any period after allocations have been made under paragraph (1) of this subsec ! tion for such period, the amounts reduced under such paragraph shall be increased on the same basis as they were reduced. SEC. 4404. [20 U.S.C. 3124] STATE ADMINISTRATIVE COSTS.

The Secretary is authorized to pay to each State educational agency amounts equal to the amounts expended by it for the proper and efficient administration of its functions under this part, except that the total of such payments for any period shall not exceed 1.5 per centum of the amounts which that State educational agency is entitled to receive for that period under this part.

« ÎnapoiContinuați »