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1 (September 16, 1997)

handle is hein.crs/crsaaku0001 and id is 1 raw text is: Order Code 97-606 A Updated September 16, 1997 CRS Report for Congress Received through the CRS Web Suspension of Deportation: Tighter Standards for Canceling Removal Larry M. Eig Legislative Attorney American Law Division Background. Since 1940, Congress has allowed the Attorney General to grant lawful status to certain aliens who, though not lawfully admitted, have established deep roots here. As first enacted, the Attorney General could suspend the deportation of aliens who could show 5 years of good moral character and prospective serious economic detriment to lawfully present members of their immediate families. However, several classes of aliens were ineligible, and Congress retained power to overturn relief by resolution. Over time, Congress has changed the basic eligibility rules for suspension of deportation, the classes of ineligible aliens, and the role of Congress. As enacted, the Immigration and Nationality Act of 1952 (INA) expanded potential eligibility by allowing relief premised on hardship to the prospective deportee and by shortening the list of ineligible groups, but relief could only be granted if both the Attorney General and Congress acted. The lists of ineligible groups for suspension under the INA, which still is our primary immigration statute, subsequently were amended further. Also, the Supreme Court has precluded congressional participation in individual suspension cases. New name, new standards. Congress amended suspension of deportation under the INA in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). Before IIRIRA, relief could be granted to an alien who had been physically present for 7 years, who had had good moral character, and whose deportation would result in extreme hardship to the alien or to the alien's citizen or permanent resident spouse, child, or parent. Stricter standards -- 10 years' presence and exceptional and extremely unusual hardship -- existed for aliens who were deportable on certain criminal, fraud, or security grounds, while eased standards existed for certain abused spouses and children. IIRIRA tightened standards for suspension of deportation and made it part of a new remedy called cancellation of removal. The new suspension remedy permits the Attorney General to cancel the removal of an alien who has been physically present at least 10 years, has had good moral character, has not been convicted of a crime that makes the alien removable, and whose removal would result in exceptional and extremely unusual Congressional Research Service +* The Library of Congress

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