Page:United States Statutes at Large Volume 114 Part 2.djvu/995

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PUBLIC LAW 106-395—OCT. 30, 2000 114 STAT. 1633 (b) CLERICAL AMENDMENT. —The table of sections of such Act is amended by striking the item relating to section 321. SEC. 104. EFFECTIVE DATE. The amendments made by this title shall take effect 120 days after the date of the enactment of this Act and shall apply to individuals who satisfy the requirements of section 320 or 322 of the Immigration and Nationality Act, as in effect on such effective date. TITLE II—PROTECTIONS FOR CERTAIN ALIENS VOTING BASED ON REASON- ABLE BELIEF OF CITIZENSHIP Applicability. 8 USC 1431 note. SEC. 201. PROTECTIONS FROM FINDING OF BAD MORAL CHARACTER, REMOVAL FROM THE UNITED STATES, AND CRIMINAL PENALTIES. (a) PROTECTION FROM BEING CONSIDERED NOT OF GOOD MORAL CHARACTER. — (1) IN GENERAL. —Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)) is amended by adding at the end the following: "In the case of an alien who makes a false statement or claim of citizenship, or who registers to vote or votes in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of such registration or voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such statement, claim, or violation that he or she was a citizen, no finding that the alien is, or was, not of good moral character may be made based on it.". (2) EFFECTIVE DATE. — The amendment made by paragraph (1) shall be effective 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) and shall apply to individuals having an application for a benefit under the Immigration and Nationality Act pending on or after September 30, 1996. (b) PROTECTION FROM BEING CONSIDERED INADMISSIBLE.— (1) UNLAWFUL VOTING.—Section 212(a)(10)(D) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)(D)) is amended to read as follows: " (D) UNLAWFUL VOTERS.— "(i) IN GENERAL. —Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is inadmissible, "(ii) EXCEPTION. —In the case of an alien who voted in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen Vpp] 8 USC 1101 note.