< Back to H.R. 5288 (107th Congress, 2001–2002)

Text of the Commuter Students From Border Nations Act of 2002

This bill was introduced on July 26, 2002, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jul 26, 2002 (Introduced).

Source: GPO

HR 5288 IH

107th CONGRESS

2d Session

H. R. 5288

To reaffirm the historic treatment of part-time commuter students from Canada and Mexico as temporary visitors for purposes of entry into the United States.

IN THE HOUSE OF REPRESENTATIVES

JULY 26, 2002

Mr. LAFALCE (for himself, Mr. QUINN, Mr. HOUGHTON, Mr. STUPAK, Mr. OBERSTAR, Mr. LARSEN of Washington, and Mr. MCDERMOTT) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To reaffirm the historic treatment of part-time commuter students from Canada and Mexico as temporary visitors for purposes of entry into the United States.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Commuter Students From Border Nations Act of 2002’.

SEC. 2. FINDINGS.

    The Congress makes the following findings:

      (1) Citizens of the United States, Canada, and Mexico have always freely crossed the northern and southern borders for purposes of travel for commerce, business, or pleasure.

      (2) The North American Free Trade Agreement gives preferential designation to United States, Canadian, and Mexican nationals who regularly travel as part of their business to engage in trade or commerce among the three nations.

      (3) The Jay Treaty of 1794 provides that citizens of the United States and Canada ‘shall at all times be free to . . . pass and repass by land or inland navigation’ into each other countries.

      (4) The United States and Canada have a ‘Special Agreement’ that has historically implemented immigration and commercial policies rooted in a common history and founded upon principles of ‘grace and courtesy’ first enunciated in the Jay Treaty of 1794.

      (5) Immigration and Naturalization Service regulations acknowledge that ‘a visa is not required of a Canadian national in any case. . . ,’ thereby reaffirming that Canadians are free to enter the United States for business and for pleasure, without a visa.

      (6) Canadians and Mexicans who regularly commute to study in the United States have always been granted entry to the United States in the same manner as Canadians and Mexicans who are granted regular entry for recreation, to shop or to engage in commercial activities.

      (7) United States schools and their Canadian and Mexican commuter students both reap substantial cultural, educational, and economic benefits from the ability of the students to commute to classes in communities along the northern and southern borders.

      (8) The policy announcement of May 22, 2002, by the Immigration and Naturalization Service to deny admission to part-time commuter students from Canada and Mexico is contrary to the Jay Treaty, the Immigration and Naturalization Act, the North American Free Trade Agreement, and longstanding Immigration and Naturalization Service practice to admit part-time commuter students.

      (9) The May 22, 2002 policy of the Immigration and Naturalization Service to deny admission to part-time commuter students from Canada and Mexico is detrimental to our amicable relations with Canada and Mexico.

SEC. 3. REAFFIRMATION OF THE STATUS OF PART-TIME COMMUTER STUDENTS FROM CANADA OR MEXICO AS TEMPORARY VISITORS FOR PURPOSES OF ENTRY INTO UNITED STATES.

    Notwithstanding the Immigration and Nationality Act or any other provision of law, a nonimmigrant alien--

      (1) who is a national of Canada or Mexico, who maintains actual residence and place of abode in the country of nationality;

      (2) who is described in section 101(a)(15)(F)(i) or (M)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)(i) or (M)(i)) except that the nonimmigrant alien’s qualifications for and actual course of study is less than full-time; and

      (3) who commutes to the United States institution or place of study from Canada or Mexico;

    shall be treated in the same manner for purposes of entry as a nonimmigrant alien under section 101(a)(15)(B) (8 U.S.C. 1101(a)(15)(B)) of such Act.