Dream Act of 2019
This bill provides certain aliens with a path to receive permanent resident status and contains other immigration-related provisions.
The Department of Homeland Security (DHS) or the Department of Justice (DOJ) shall provide conditional permanent resident status for 10 years to a qualifying alien who entered the United States as a minor and (1) is deportable or inadmissible, or (2) has deferred enforced departure status or temporary protected status. The bill imposes various qualifying requirements, such as the alien being continuously physically present in the United States since four years before this bill's enactment, passing a background check, and being enrolled in or having completed certain educational programs.
DHS shall remove the conditions placed on permanent resident status granted under this bill if the alien applies and meets certain requirements, such as completing certain programs at an educational institution, serving in the military, or being employed.
An alien shall have the right to administrative and judicial review of the denial or revocation of an immigration status granted under this bill. Furthermore, an alien shall be appointed counsel upon request when seeking judicial review of a provisional denial of an application for permanent resident status under this bill.
DHS may not use information from applications filed under this bill or for Deferred Action for Childhood Arrivals status for immigration enforcement purposes.
DHS shall establish a grant program for nonprofit organizations that assist individuals with certain immigration-related issues.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2820 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 2820
To authorize the cancellation of removal and adjustment of status of
certain individuals who are long-term United States residents and
entered the United States as children, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 17, 2019
Ms. Roybal-Allard introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize the cancellation of removal and adjustment of status of
certain individuals who are long-term United States residents and
entered the United States as children, and for other purposes.
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 ``Dream Act of 2019''.
TITLE I--TREATMENT OF CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE
UNITED STATES AS CHILDREN
SEC. 101. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS FOR CERTAIN
LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS
CHILDREN.
(a) Conditional Basis for Status.--Notwithstanding any other
provision of law, and except as provided in section 103(c)(2), an alien
shall be considered, at the time of obtaining the status of an alien
lawfully admitted for permanent residence under this section, to have
obtained such status on a conditional basis subject to the provisions
of this Act.
(b) Requirements.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary or the Attorney General shall cancel the
removal of, and adjust to the status of an alien lawfully
admitted for permanent residence on a conditional basis, or
without the conditional basis as provided in section 103(c)(2),
an alien who is inadmissible or deportable from the United
States (or is under a grant of Deferred Enforced Departure or
has temporary protected status under section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a)) if--
(A) the alien has been continuously physically
present in the United States since the date that is 4
years before the date of the enactment of this Act;
(B) the alien was younger than 18 years of age on
the date on which the alien entered the United States
and has continuously resided in the United States since
such entry;
(C) the alien--
(i) subject to section 203(d), is not
inadmissible under paragraph (1), (6)(E),
(6)(G), (8), or (10) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C.
1182(a));
(ii) has not ordered, incited, assisted, or
otherwise participated in the persecution of
any person on account of race, religion,
nationality, membership in a particular social
group, or political opinion; and
(iii) is not barred from adjustment of
status under this Act based on the criminal and
national security grounds described under
subsection (c), subject to the provisions of
such subsection; and
(D) the alien--
(i) has been admitted to an institution of
higher education;
(ii) has been admitted to an area career
and technical education school at the
postsecondary level;
(iii) in the United States, has obtained--
(I) a high school diploma or a
commensurate alternative award from a
public or private high school;
(II) a General Education
Development credential, a high school
equivalency diploma recognized under
State law, or another similar State-
authorized credential;
(III) a credential or certificate
from an area career and technical
education school at the secondary
level; or
(IV) a recognized postsecondary
credential; or
(iv) is enrolled in secondary school or in
an education program assisting students in--
(I) obtaining a high school diploma
or its recognized equivalent under
State law;
(II) passing the General Education
Development test, a high school
equivalence diploma examination, or
other similar State-authorized exam;
(III) obtaining a certificate or
credential from an area career and
technical education school providing
education at the secondary level; or
(IV) obtaining a recognized
postsecondary credential.
(2) Application fee.--
(A) In general.--The Secretary may, subject to an
exemption under section 203(c), require an alien
applying under this section to pay a reasonable fee
that is commensurate with the cost of processing the
application but does not exceed $495.00.
(B) Special procedure for applicants with daca.--
The Secretary shall establish a streamlined procedure
for aliens who have been granted DACA and who meet the
requirements for renewal (under the terms of the
program in effect on January 1, 2017) to apply for
cancellation of removal and adjustment of status to
that of an alien lawfully admitted for permanent
residence on a conditional basis under this section, or
without the conditional basis as provided in section
103(c)(2). Such procedure shall not include a
requirement that the applicant pay a fee, except that
the Secretary may require an applicant who meets the
requirements for lawful permanent residence without the
conditional basis under section 103(c)(2) to pay a fee
that is commensurate with the cost of processing the
application, subject to the exemption under section
203(c).
(3) Background checks.--The Secretary may not grant an
alien permanent resident status on a conditional basis under
this section until the requirements of section 202 are
satisfied.
(4) Military selective service.--An alien applying for
permanent resident status on a conditional basis under this
section, or without the conditional basis as provided in
section 103(c)(2), shall establish that the alien has
registered under the Military Selective Service Act (50 U.S.C.
3801 et seq.), if the alien is subject to registration under
such Act.
(c) Criminal and National Security Bars.--
(1) Grounds of ineligibility.--Except as provided in
paragraph (2), an alien is ineligible for adjustment of status
under this Act (whether on a conditional basis or without the
conditional basis as provided in section 103(c)(2)) if any of
the following apply:
(A) The alien is inadmissible under paragraph (2)
or (3) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)).
(B) Excluding any offense under State law for which
an essential element is the alien's immigration status,
and any minor traffic offense, the alien has been
convicted of--
(i) any felony offense;
(ii) 3 or more misdemeanor offenses
(excluding simple possession of cannabis or
cannabis-related paraphernalia, any offense
involving cannabis or cannabis-related
paraphernalia which is no longer prosecutable
in the State in which the conviction was
entered, and any offense involving civil
disobedience without violence) not occurring on
the same date, and not arising out of the same
act, omission, or scheme of misconduct; or
(iii) a misdemeanor offense of domestic
violence, unless the alien demonstrates that
such crime is related to the alien having
been--
(I) a victim of domestic violence,
sexual assault, stalking, child abuse
or neglect, abuse or neglect in later
life, or human trafficking;
(II) battered or subjected to
extreme cruelty; or
(III) a victim of criminal activity
described in section 101(a)(15)(U)(iii)
of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(U)(iii)).
(2) Waivers for certain misdemeanors.--For humanitarian
purposes, family unity, or if otherwise in the public interest,
the Secretary may--
(A) waive the grounds of inadmissibility under
subparagraphs (A), (C), and (D) of section 212(a)(2) of
the Immigration and Nationality Act (8 U.S.C.
1182(a)(2)), unless the conviction forming the basis
for inadmissibility would otherwise render the alien
ineligible under paragraph (1)(B) (subject to
subparagraph (B)); and
(B) for purposes of clauses (ii) and (iii) of
paragraph (1)(B), waive consideration of--
(i) one misdemeanor offense if the alien
has not been convicted of any offense in the 5-
year period preceding the date on which the
alien applies for adjustment of status under
this Act; or
(ii) up to two misdemeanor offenses if the
alien has not been convicted of any offense in
the 10-year period preceding the date on which
the alien applies for adjustment of status
under this Act.
(3) Authority to conduct secondary review.--
(A) In general.--Notwithstanding an alien's
eligibility for adjustment of status under this Act,
and subject to the procedures described in this
paragraph, the Secretary of Homeland Security may, as a
matter of non-delegable discretion, provisionally deny
an application for adjustment of status (whether on a
conditional basis or without the conditional basis as
provided in section 103(c)(2)) if the Secretary, based
on clear and convincing evidence, which shall include
credible law enforcement information, determines that
the alien is described in subparagraph (B) or (C).
(B) Public safety.--An alien is described in this
subparagraph if--
(i) excluding simple possession of cannabis
or cannabis-related paraphernalia, any offense
involving cannabis or cannabis-related
paraphernalia which is no longer prosecutable
in the State in which the conviction was
entered, any offense under State law for which
an essential element is the alien's immigration
status, any offense involving civil
disobedience without violence, and any minor
traffic offense, the alien--
(I) has been convicted of a
misdemeanor offense punishable by a
term of imprisonment of more than 30
days; or
(II) has been adjudicated
delinquent in a State or local juvenile
court proceeding that resulted in a
disposition ordering placement in a
secure facility; and
(ii) the alien poses a significant and
continuing threat to public safety related to
such conviction or adjudication.
(C) Gang participation.--An alien is described in
this subparagraph if the alien has, within the 5 years
immediately preceding the date of the application,
knowingly, willingly, and willfully participated in
offenses committed by a criminal street gang (as
described in subsections (a) and (c) of section 521 of
title 18, United States Code) with the intent to
promote or further the commission of such offenses.
(D) Evidentiary limitation.--For purposes of
subparagraph (C), allegations of gang membership
obtained from a State or Federal in-house or local
database, or a network of databases used for the
purpose of recording and sharing activities of alleged
gang members across law enforcement agencies, shall not
establish the participation described in such
paragraph.
(E) Notice.--
(i) In general.--Prior to rendering a
discretionary decision under this paragraph,
the Secretary of Homeland Security shall
provide written notice of the intent to
provisionally deny the application to the alien
(or the alien's counsel of record, if any) by
certified mail and, if an electronic mail
address is provided, by electronic mail (or
other form of electronic communication). Such
notice shall--
(I) articulate with specificity all
grounds for the preliminary
determination, including the evidence
relied upon to support the
determination; and
(II) provide the alien with not
less than 90 days to respond.
(ii) Second notice.--Not more than 30 days
after the issuance of the notice under clause
(i), the Secretary of Homeland Security shall
provide a second written notice that meets the
requirements of such clause.
(iii) Notice not received.--Notwithstanding
any other provision of law, if an applicant
provides good cause for not contesting a
provisional denial under this paragraph,
including a failure to receive notice as
required under this subparagraph, the Secretary
of Homeland Security shall, upon a motion filed
by the alien, reopen an application for
adjustment of status under this Act and allow
the applicant an opportunity to respond,
consistent with clause (i)(II).
(F) Judicial review.--An alien is entitled to
judicial review of the Secretary's decision to
provisionally deny an application under this paragraph
in accordance with the procedures described in section
206(c).
(4) Definitions.--For purposes of this subsection--
(A) the term ``felony offense'' means an offense
under Federal or State law that is punishable by a
maximum term of imprisonment of more than 1 year;
(B) the term ``misdemeanor offense'' means an
offense under Federal or State law that is punishable
by a term of imprisonment of more than 5 days but not
more than 1 year;
(C) the term ``crime of domestic violence'' means
any offense that has as an element the use, attempted
use, or threatened use of physical force against a
person committed by a current or former spouse of the
person, by an individual with whom the person shares a
child in common, by an individual who is cohabiting
with or has cohabited with the person as a spouse, by
an individual similarly situated to a spouse of the
person under the domestic or family violence laws of
the jurisdiction where the offense occurs, or by any
other individual against a person who is protected from
that individual's acts under the domestic or family
violence laws of the United States or any State, Indian
tribal government, or unit of local government; and
(D) the term ``convicted'' or ``conviction'' does
not include a judgment that has been expunged or set
aside, that resulted in a rehabilitative disposition,
or the equivalent.
(d) Limitation on Removal of Certain Alien Minors.--An alien who is
under 18 years of age and meets the requirements under subparagraphs
(A), (B), and (C) of subsection (b)(1) shall be provided a reasonable
opportunity to meet the educational requirements under subsection
(b)(1)(D). The Attorney General or the Secretary may not commence or
continue with removal proceedings against such an alien.
(e) Withdrawal of Application.--The Secretary of Homeland Security
shall, upon receipt of a request to withdraw an application for
adjustment of status under this section, cease processing of the
application, and close the case. Withdrawal of the application under
this subsection shall not prejudice any future application filed by the
applicant for any immigration benefit under this Act or under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
SEC. 102. TERMS OF PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS.
(a) Period of Status.--Permanent resident status on a conditional
basis is--
(1) valid for a period of 10 years, unless such period is
extended by the Secretary; and
(2) subject to termination under subsection (c).
(b) Notice of Requirements.--At the time an alien obtains permanent
resident status on a conditional basis, the Secretary shall provide
notice to the alien regarding the provisions of this Act and the
requirements to have the conditional basis of such status removed.
(c) Termination of Status.--The Secretary may terminate the
permanent resident status on a conditional basis of an alien only if
the Secretary--
(1) determines that the alien ceases to meet the
requirements under section 101(b)(1)(C); and
(2) prior to the termination, provides the alien--
(A) notice of the proposed termination; and
(B) the opportunity for a hearing to provide
evidence that the alien meets such requirements or
otherwise to contest the proposed termination.
(d) Return to Previous Immigration Status.--An alien whose
permanent resident status on a conditional basis expires under
subsection (a)(1) or is terminated under subsection (c), shall return
to the immigration status that the alien had immediately before
receiving permanent resident status on a conditional basis.
SEC. 103. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT STATUS.
(a) Eligibility for Removal of Conditional Basis.--
(1) In general.--Subject to paragraph (2), the Secretary
shall remove the conditional basis of an alien's permanent
resident status granted under this Act and grant the alien
status as an alien lawfully admitted for permanent residence if
the alien--
(A) is described in section 111(b)(1)(C);
(B) has not abandoned the alien's residence in the
United States during the period in which the alien has
permanent resident status on a conditional basis; and
(C)(i) has obtained a degree from an institution of
higher education, or has completed at least 2 years, in
good standing, of a program in the United States
leading to a bachelor's degree or higher degree or a
recognized postsecondary credential from an area career
and technical education school providing education at
the postsecondary level;
(ii) has served in the Uniformed Services for at
least 2 years and, if discharged, received an honorable
discharge; or
(iii) demonstrates earned income for periods
totaling at least 3 years and that, during at least 75
percent of such earning periods, the alien had a valid
employment authorization, except that, in the case of
an alien who was enrolled in an institution of higher
education, an area career and technical education
school to obtain a recognized postsecondary credential,
or an education program described in section
101(b)(1)(D)(iii), the Secretary shall reduce such
total 3-year requirement by the total of such periods
of enrollment.
(2) Hardship exception.--
(A) In general.--The Secretary shall remove the
conditional basis of an alien's permanent resident
status and grant the alien status as an alien lawfully
admitted for permanent residence if the alien--
(i) satisfies the requirements under
subparagraphs (A) and (B) of paragraph (1);
(ii) demonstrates compelling circumstances
for the inability to satisfy the requirements
under subparagraph (C) of such paragraph; and
(iii) demonstrates that--
(I) the alien has a disability;
(II) the alien is a full-time
caregiver; or
(III) the removal of the alien from
the United States would result in
hardship to the alien or the alien's
spouse, parent, or child who is a
national of the United States or is
lawfully admitted for permanent
residence.
(3) Citizenship requirement.--
(A) In general.--Except as provided in subparagraph
(B), the conditional basis of an alien's permanent
resident status granted under this Act may not be
removed unless the alien demonstrates that the alien
satisfies the requirements under section 312(a) of the
Immigration and Nationality Act (8 U.S.C. 1423(a)).
(B) Exception.--Subparagraph (A) shall not apply to
an alien who is unable to meet the requirements under
such section 312(a) due to disability.
(4) Application fee.--The Secretary may, subject to an
exemption under section 203(c), require aliens applying for
removal of the conditional basis of an alien's permanent
resident status under this section to pay a reasonable fee that
is commensurate with the cost of processing the application.
(5) Background check.--The Secretary may not remove the
conditional basis of an alien's permanent resident status until
the requirements of section 202 are satisfied.
(b) Treatment for Purposes of Naturalization.--
(1) In general.--For purposes of title III of the
Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an
alien granted permanent resident status on a conditional basis
shall be considered to have been admitted to the United States,
and be present in the United States, as an alien lawfully
admitted for permanent residence.
(2) Limitation on application for naturalization.--An alien
may not apply for naturalization while the alien is in
permanent resident status on a conditional basis.
(c) Timing of Approval of Lawful Permanent Resident Status.--
(1) In general.--An alien granted permanent resident status
on a conditional basis under this Act may apply to have such
conditional basis removed at any time after such alien has met
the eligibility requirements set forth in subsection (a).
(2) Approval with regard to initial applications.--
(A) In general.--Notwithstanding any other
provision of law, the Secretary or the Attorney General
shall cancel the removal of, and adjust to the status
of an alien lawfully admitted for permanent resident
status without conditional basis, any alien who--
(i) demonstrates eligibility for lawful
permanent residence status on a conditional
basis under section 101(b); and
(ii) subject to the exceptions described in
subsections (a)(2) and (a)(3)(B) of this
section, already has fulfilled the requirements
of paragraphs (1) and (3) of subsection (a) of
this section at the time such alien first
submits an application for benefits under this
Act.
(B) Background checks.--Subsection (a)(5) shall
apply to an alien seeking lawful permanent resident
status without conditional basis in an initial
application in the same manner as it applies to an
alien seeking removal of the conditional basis of an
alien's permanent resident status. Section 101(b)(3)
shall not be construed to require the Secretary to
conduct more than one identical security or law
enforcement background check on such an alien.
(C) Application fees.--In the case of an alien
seeking lawful permanent resident status without
conditional basis in an initial application, the alien
shall pay the fee required under subsection (a)(4),
subject to the exemption allowed under section 203(c),
but shall not be required to pay the application fee
under section 101(b)(2).
TITLE II--GENERAL PROVISIONS
SEC. 201. DEFINITIONS.
In this Act:
(1) In general.--Except as otherwise specifically provided,
any term used in this Act that is used in the immigration laws
shall have the meaning given such term in the immigration laws.
(2) Area career and technical education school.--The term
``area career and technical education school'' has the meaning
given such term in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302).
(3) DACA.--The term ``DACA'' means deferred action granted
to an alien pursuant to the Deferred Action for Childhood
Arrivals policy announced by the Secretary of Homeland Security
on June 15, 2012.
(4) Disability.--The term ``disability'' has the meaning
given such term in section 3(1) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102(1)).
(5) Federal poverty line.--The term ``Federal poverty
line'' has the meaning given such term in section 213A(h) of
the Immigration and Nationality Act (8 U.S.C. 1183a).
(6) High school; secondary school.--The terms ``high
school'' and ``secondary school'' have the meanings given such
terms in section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(7) Immigration laws.--The term ``immigration laws'' has
the meaning given such term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(8) Institution of higher education.--The term
``institution of higher education''--
(A) except as provided in subparagraph (B), has the
meaning given such term in section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002); and
(B) does not include an institution of higher
education outside of the United States.
(9) Recognized postsecondary credential.--The term
``recognized postsecondary credential'' has the meaning given
such term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(10) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Homeland
Security.
(11) Uniformed services.--The term ``Uniformed Services''
has the meaning given the term ``uniformed services'' in
section 101(a) of title 10, United States Code.
SEC. 202. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA; BACKGROUND
CHECKS.
(a) Submission of Biometric and Biographic Data.--The Secretary may
not grant an alien adjustment of status under this Act, on either a
conditional or permanent basis, unless the alien submits biometric and
biographic data, in accordance with procedures established by the
Secretary. The Secretary shall provide an alternative procedure for
aliens who are unable to provide such biometric or biographic data
because of a physical impairment.
(b) Background Checks.--The Secretary shall use biometric,
biographic, and other data that the Secretary determines appropriate to
conduct security and law enforcement background checks and to determine
whether there is any criminal, national security, or other factor that
would render the alien ineligible for adjustment of status under this
Act, on either a conditional or permanent basis. The status of an alien
may not be adjusted, on either a conditional or permanent basis, unless
security and law enforcement background checks are completed to the
satisfaction of the Secretary.
SEC. 203. LIMITATION ON REMOVAL; APPLICATION AND FEE EXEMPTION; WAIVER
OF GROUNDS FOR INADMISSIBILITY AND OTHER CONDITIONS ON
ELIGIBLE INDIVIDUALS.
(a) Limitation on Removal.--An alien who appears to be prima facie
eligible for relief under this Act shall be given a reasonable
opportunity to apply for such relief and may not be removed until,
subject to section 206(c), a final decision establishing ineligibility
for relief is rendered.
(b) Application.--An alien present in the United States who has
been ordered removed or has been permitted to depart voluntarily from
the United States may, notwithstanding such order or permission to
depart, apply for adjustment of status under this Act. Such alien shall
not be required to file a separate motion to reopen, reconsider, or
vacate the order of removal. If the Secretary approves the application,
the Secretary shall cancel the order of removal. If the Secretary
renders a final administrative decision to deny the application, the
order of removal or permission to depart shall be effective and
enforceable to the same extent as if the application had not been made,
only after all available administrative and judicial remedies have been
exhausted.
(c) Fee Exemption.--An applicant may be exempted from paying an
application fee required under this Act if the applicant--
(1) is younger than 18 years of age;
(2) received total income, during the 12-month period
immediately preceding the date on which the applicant files an
application under this Act, that is less than 150 percent of
the Federal poverty line;
(3) is in foster care or otherwise lacks any parental or
other familial support; or
(4) cannot care for himself or herself because of a
serious, chronic disability.
(d) Waiver of Grounds of Inadmissibility.--With respect to any
benefit under this Act, and in addition to the waivers under section
101(c)(2), the Secretary may waive the grounds of inadmissibility under
paragraph (1), (6)(E), (6)(G), or (10)(D) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) for humanitarian
purposes, for family unity, or because the waiver is otherwise in the
public interest.
(e) Advance Parole.--During the period beginning on the date on
which an alien applies for adjustment of status under this Act and
ending on the date on which the Secretary makes a final decision
regarding such application, the alien shall be eligible to apply for
advance parole. Section 101(g) of the Immigration and Nationality Act
(8 U.S.C. 1101(g)) shall not apply to an alien granted advance parole
under this section.
(f) Employment.--An alien whose removal is stayed pursuant to this
Act, who may not be placed in removal proceedings pursuant to this Act,
or who has pending an application under this Act, shall, upon
application to the Secretary, be granted an employment authorization
document.
SEC. 204. DETERMINATION OF CONTINUOUS PRESENCE AND RESIDENCE.
(a) Effect of Notice To Appear.--Any period of continuous physical
presence or continuous residence in the United States of an alien who
applies for permanent resident status under this Act (whether on a
conditional basis or without the conditional basis as provided in
section 103(c)(2)) shall not terminate when the alien is served a
notice to appear under section 239(a) of the Immigration and
Nationality Act (8 U.S.C. 1229(a)).
(b) Treatment of Certain Breaks in Presence or Residence.--
(1) In general.--Except as provided in paragraphs (2) and
(3), an alien shall be considered to have failed to maintain--
(A) continuous physical presence in the United
States under this Act if the alien has departed from
the United States for any period exceeding 90 days or
for any periods, in the aggregate, exceeding 180 days;
and
(B) continuous residence in the United States under
this Act if the alien has departed from the United
States for any period exceeding 180 days, unless the
alien establishes to the satisfaction of the Secretary
of Homeland Security that the alien did not in fact
abandon residence in the United States during such
period.
(2) Extensions for extenuating circumstances.--The
Secretary may extend the time periods described in paragraph
(1) for an alien who demonstrates that the failure to timely
return to the United States was due to extenuating
circumstances beyond the alien's control, including the serious
illness of the alien, or death or serious illness of a parent,
grandparent, sibling, or child of the alien.
(3) Travel authorized by the secretary.--Any period of
travel outside of the United States by an alien that was
authorized by the Secretary may not be counted toward any
period of departure from the United States under paragraph (1).
(c) Waiver of Physical Presence.--With respect to aliens who were
removed or departed the United States on or after January 20, 2017, and
who were continuously physically present in the United States for at
least 4 years prior to such removal or departure, the Secretary may, as
a matter of discretion, waive the physical presence requirement under
section 101(b)(1)(A) for humanitarian purposes, for family unity, or
because a waiver is otherwise in the public interest. The Secretary, in
consultation with the Secretary of State, shall establish a procedure
for such aliens to apply for relief under section 101 from outside the
United States if they would have been eligible for relief under such
section, but for their removal or departure.
SEC. 205. EXEMPTION FROM NUMERICAL LIMITATIONS.
Nothing in this Act or in any other law may be construed to apply a
numerical limitation on the number of aliens who may be granted
permanent resident status under this Act (whether on a conditional
basis, or without the conditional basis as provided in section
103(c)(2)).
SEC. 206. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) Administrative Review.--Not later than 30 days after the date
of the enactment of this Act, the Secretary shall provide to aliens who
have applied for adjustment of status under this Act a process by which
an applicant may seek administrative appellate review of a denial of an
application for adjustment of status, or a revocation of such status.
(b) Judicial Review.--Except as provided in subsection (c), and
notwithstanding any other provision of law, an alien may seek judicial
review of a denial of an application for adjustment of status, or a
revocation of such status, under this Act in the United States district
court with jurisdiction over the alien's residence.
(c) Judicial Review of a Provisional Denial.--
(1) In general.--Notwithstanding any other provision of
law, if, after notice and the opportunity to respond under
section 101(c)(3)(E), the Secretary provisionally denies an
application for adjustment of status under this Act, the alien
shall have 60 days from the date of the Secretary's
determination to seek review of such determination in the
United States District Court for the District of Columbia or in
the United States district court with jurisdiction over the
alien's residence.
(2) Scope of review and decision.--Notwithstanding any
other provision of law, review under paragraph (1) shall be de
novo and based solely on the administrative record, except that
the applicant shall be given the opportunity to supplement the
administrative record and the Secretary shall be given the
opportunity to rebut the evidence and arguments raised in such
submission. Upon issuing its decision, the court shall remand
the matter, with appropriate instructions, to the Department of
Homeland Security to render a final decision on the
application.
(3) Appointed counsel.--Notwithstanding any other provision
of law, an applicant seeking judicial review under paragraph
(1) shall be represented by counsel. Upon the request of the
applicant, counsel shall be appointed for the applicant, in
accordance with procedures to be established by the Attorney
General within 90 days of the date of the enactment of this
Act, and shall be funded in accordance with fees collected and
deposited in the Immigration Counsel Account under section 212.
(d) Stay of Removal.--
(1) In general.--Except as provided in paragraph (2), an
alien seeking administrative or judicial review under this Act
may not be removed from the United States until a final
decision is rendered establishing that the alien is ineligible
for adjustment of status under this Act.
(2) Exception.--The Secretary may remove an alien described
in paragraph (1) pending judicial review if such removal is
based on criminal or national security grounds described in
this Act. Such removal shall not affect the alien's right to
judicial review under this Act. The Secretary shall promptly
return a removed alien if a decision to deny an application for
adjustment of status under this Act, or to revoke such status,
is reversed.
SEC. 207. DOCUMENTATION REQUIREMENTS.
(a) Documents Establishing Identity.--An alien's application for
permanent resident status under this Act (whether on a conditional
basis, or without the conditional basis as provided in section
103(c)(2)) may include, as evidence of identity--
(1) a passport or national identity document from the
alien's country of origin that includes the alien's name and
the alien's photograph or fingerprint;
(2) the alien's birth certificate and an identity card that
includes the alien's name and photograph;
(3) a school identification card that includes the alien's
name and photograph, and school records showing the alien's
name and that the alien is or was enrolled at the school;
(4) a Uniformed Services identification card issued by the
Department of Defense;
(5) any immigration or other document issued by the United
States Government bearing the alien's name and photograph;
(6) a State-issued identification card bearing the alien's
name and photograph; or
(7) any other evidence determined to be credible by the
Secretary.
(b) Documents Establishing Entry, Continuous Physical Presence,
Lack of Abandonment of Residence.--To establish that an alien was
younger than 18 years of age on the date on which the alien entered the
United States, as required under section 101(b)(1)(B), that an alien
has been continuously physically present in the United States, as
required under section 101(b)(1)(A), or that an alien has not abandoned
residence in the United States, as required under section 103(a)(1)(B),
the alien may submit the following forms of evidence:
(1) Passport entries, including admission stamps on the
alien's passport.
(2) Any document from the Department of Justice or the
Department of Homeland Security noting the alien's date of
entry into the United States.
(3) Records from any educational institution the alien has
attended in the United States.
(4) Employment records of the alien that include the
employer's name and contact information, or other records
demonstrating earned income.
(5) Records of service from the Uniformed Services.
(6) Official records from a religious entity confirming the
alien's participation in a religious ceremony.
(7) A birth certificate for a child who was born in the
United States.
(8) Hospital or medical records showing medical treatment
or hospitalization, the name of the medical facility or
physician, and the date of the treatment or hospitalization.
(9) Automobile license receipts or registration.
(10) Deeds, mortgages, or rental agreement contracts.
(11) Rent receipts or utility bills bearing the alien's
name or the name of an immediate family member of the alien,
and the alien's address.
(12) Tax receipts.
(13) Insurance policies.
(14) Remittance records, including copies of money order
receipts sent in or out of the country.
(15) Travel records.
(16) Dated bank transactions.
(17) Two or more sworn affidavits from individuals who are
not related to the alien who have direct knowledge of the
alien's continuous physical presence in the United States, that
contain--
(A) the name, address, and telephone number of the
affiant; and
(B) the nature and duration of the relationship
between the affiant and the alien.
(18) Any other evidence determined to be credible by the
Secretary.
(c) Documents Establishing Admission to an Institution of Higher
Education.--To establish that an alien has been admitted to an
institution of higher education, the alien may submit to the Secretary
a document from the institution of higher education certifying that the
alien--
(1) has been admitted to the institution; or
(2) is currently enrolled in the institution as a student.
(d) Documents Establishing Receipt of a Degree From an Institution
of Higher Education.--To establish that an alien has acquired a degree
from an institution of higher education in the United States, the alien
may submit to the Secretary a diploma or other document from the
institution stating that the alien has received such a degree.
(e) Documents Establishing Receipt of a High School Diploma,
General Educational Development Credential, or a Recognized
Equivalent.--To establish that in the United States an alien has earned
a high school diploma or a commensurate alternative award from a public
or private high school, has obtained the General Education Development
credential, or otherwise has satisfied section 101(b)(1)(D)(iii), the
alien may submit to the Secretary--
(1) a high school diploma, certificate of completion, or
other alternate award;
(2) a high school equivalency diploma or certificate
recognized under State law;
(3) evidence that the alien passed a State-authorized exam,
including the General Education Development test, in the United
States;
(4) evidence that the alien successfully completed an area
career and technical education program, such as a
certification, certificate, or similar alternate award;
(5) evidence that the alien obtained a recognized
postsecondary credential; or
(6) any other evidence determined to be credible by the
Secretary.
(f) Documents Establishing Enrollment in an Educational Program.--
To establish that an alien is enrolled in any school or education
program described in section 101(b)(1)(D)(iv) or 103(a)(1)(C), the
alien may submit school records from the United States school that the
alien is currently attending that include--
(1) the name of the school; and
(2) the alien's name, periods of attendance, and current
grade or educational level.
(g) Documents Establishing Exemption From Application Fees.--To
establish that an alien is exempt from an application fee under section
203(c), the alien may submit to the Secretary the following relevant
documents:
(1) Documents to establish age.--To establish that an alien
meets an age requirement, the alien may provide proof of
identity, as described in subsection (a), that establishes that
the alien is younger than 18 years of age.
(2) Documents to establish income.--To establish the
alien's income, the alien may provide--
(A) employment records or other records of earned
income that have been maintained by the Social Security
Administration, the Internal Revenue Service, or any
other Federal, State, or local government agency;
(B) bank records; or
(C) at least 2 sworn affidavits from individuals
who are not related to the alien and who have direct
knowledge of the alien's work and income that contain--
(i) the name, address, and telephone number
of the affiant; and
(ii) the nature and duration of the
relationship between the affiant and the alien.
(3) Documents to establish foster care, lack of familial
support, or serious, chronic disability.--To establish that the
alien was in foster care, lacks parental or familial support,
or has a serious, chronic disability, the alien may provide at
least 2 sworn affidavits from individuals who are not related
to the alien and who have direct knowledge of the circumstances
that contain--
(A) a statement that the alien is in foster care,
otherwise lacks any parental or other familiar support,
or has a serious, chronic disability, as appropriate;
(B) the name, address, and telephone number of the
affiant; and
(C) the nature and duration of the relationship
between the affiant and the alien.
(h) Documents Establishing Qualification for Hardship Exemption.--
To establish that an alien satisfies one of the criteria for the
hardship exemption set forth in section 103(a)(2)(A)(iii), the alien
may submit to the Secretary at least 2 sworn affidavits from
individuals who are not related to the alien and who have direct
knowledge of the circumstances that warrant the exemption, that
contain--
(1) the name, address, and telephone number of the affiant;
and
(2) the nature and duration of the relationship between the
affiant and the alien.
(i) Documents Establishing Service in the Uniformed Services.--To
establish that an alien has served in the Uniformed Services for at
least 2 years and, if discharged, received an honorable discharge, the
alien may submit to the Secretary--
(1) a Department of Defense form DD-214;
(2) a National Guard Report of Separation and Record of
Service form 22;
(3) personnel records for such service from the appropriate
Uniformed Service; or
(4) health records from the appropriate Uniformed Service.
(j) Documents Establishing Earned Income.--
(1) In general.--An alien may satisfy the earned income
requirement under section 103(a)(1)(C)(iii) by submitting
records that--
(A) establish compliance with such requirement; and
(B) have been maintained by the Social Security
Administration, the Internal Revenue Service, or any
other Federal, State, or local government agency.
(2) Other documents.--An alien who is unable to submit the
records described in paragraph (1) may satisfy the earned
income requirement by submitting at least 2 types of reliable
documents that provide evidence of employment or other forms of
earned income, including--
(A) bank records;
(B) business records;
(C) employer or contractor records;
(D) records of a labor union, day labor center, or
organization that assists workers in employment;
(E) sworn affidavits from individuals who are not
related to the alien and who have direct knowledge of
the alien's work, that contain--
(i) the name, address, and telephone number
of the affiant; and
(ii) the nature and duration of the
relationship between the affiant and the alien;
(F) remittance records; or
(G) any other evidence determined to be credible by
the Secretary.
(k) Authority To Prohibit Use of Certain Documents.--If the
Secretary determines, after publication in the Federal Register and an
opportunity for public comment, that any document or class of documents
does not reliably establish identity or that permanent resident status
under this Act (whether on a conditional basis, or without the
conditional basis as provided in section 103(c)(2)) is being obtained
fraudulently to an unacceptable degree, the Secretary may prohibit or
restrict the use of such document or class of documents.
SEC. 208. RULE MAKING.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall publish in the Federal
Register interim final rules implementing this Act, which shall allow
eligible individuals to immediately apply for relief under section 101
or 103(c)(2). Notwithstanding section 553 of title 5, United States
Code, the regulation shall be effective, on an interim basis,
immediately upon publication, but may be subject to change and revision
after public notice and opportunity for a period of public comment. The
Secretary shall finalize such rules not later than 180 days after the
date of publication.
(b) Paperwork Reduction Act.--The requirements under chapter 35 of
title 44, United States Code, (commonly known as the ``Paperwork
Reduction Act'') shall not apply to any action to implement this Act.
SEC. 209. CONFIDENTIALITY OF INFORMATION.
(a) In General.--The Secretary may not disclose or use information
(including information provided during administrative or judicial
review) provided in applications filed under this Act or in requests
for DACA for the purpose of immigration enforcement.
(b) Referrals Prohibited.--The Secretary, based solely on
information provided in an application for adjustment of status under
this Act (including information provided during administrative or
judicial review) or an application for DACA, may not refer an applicant
to U.S. Immigration and Customs Enforcement, U.S. Customs and Border
Protection, or any designee of either such entity.
(c) Limited Exception.--Notwithstanding subsections (a) and (b),
information provided in an application for adjustment of status under
this Act may be shared with Federal security and law enforcement
agencies--
(1) for assistance in the consideration of an application
for adjustment of status under this Act;
(2) to identify or prevent fraudulent claims;
(3) for national security purposes; or
(4) for the investigation or prosecution of any felony
offense not related to immigration status.
(d) Penalty.--Any person who knowingly uses, publishes, or permits
information to be examined in violation of this section shall be fined
not more than $10,000.
SEC. 210. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.
(a) Establishment.--The Secretary of Homeland Security shall
establish, within U.S. Citizenship and Immigration Services, a program
to award grants, on a competitive basis, to eligible nonprofit
organizations that will use the funding to assist eligible applicants
under this Act by providing them with the services described in
subsection (b).
(b) Use of Funds.--Grant funds awarded under this section shall be
used for the design and implementation of programs that provide--
(1) information to the public regarding the eligibility and
benefits of permanent resident status under this Act (whether
on a conditional basis, or without the conditional basis as
provided in section 103(c)(2)), particularly to individuals
potentially eligible for such status;
(2) assistance, within the scope of authorized practice of
immigration law, to individuals submitting applications for
adjustment of status under this Act (whether on a conditional
basis, or without the conditional basis as provided in section
103(c)(2)), including--
(A) screening prospective applicants to assess
their eligibility for such status;
(B) completing applications and petitions,
including providing assistance in obtaining the
requisite documents and supporting evidence; and
(C) providing any other assistance that the
Secretary or grantee considers useful or necessary to
apply for adjustment of status under this Act (whether
on a conditional basis, or without the conditional
basis as provided in section 103(c)(2)); and
(3) assistance, within the scope of authorized practice of
immigration law, and instruction, to individuals--
(A) on the rights and responsibilities of United
States citizenship;
(B) in civics and English as a second language;
(C) in preparation for the General Education
Development test; and
(D) in applying for adjustment of status and United
States citizenship.
(c) Authorization of Appropriations.--
(1) Amounts authorized.--There are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 2020 through 2030 to carry out this section.
(2) Availability.--Any amounts appropriated pursuant to
paragraph (1) shall remain available until expended.
SEC. 211. PROVISIONS AFFECTING ELIGIBILITY FOR ADJUSTMENT OF STATUS.
An alien's eligibility to be lawfully admitted for permanent
residence under this Act (whether on a conditional basis, or without
the conditional basis as provided in section 103(c)(2)) shall not
preclude the alien from seeking any status under any other provision of
law for which the alien may otherwise be eligible.
SEC. 212. SUPPLEMENTARY SURCHARGE FOR APPOINTED COUNSEL.
(a) In General.--Except as provided in section 202 and in cases
where the applicant is exempt from paying a fee under section 203(c),
in any case in which a fee is charged pursuant to this Act, an
additional surcharge of $25 shall be imposed and collected for the
purpose of providing appointed counsel to applicants seeking judicial
review of the Secretary's decision to provisionally deny an application
under section 206(c)(3).
(b) Immigration Counsel Account.--There is established in the
general fund of the Treasury a separate account which shall be known as
the ``Immigration Counsel Account''. Fees collected under subsection
(a) shall be deposited into the Immigration Counsel Account and shall
to remain available until expended for purposes of providing appointed
counsel as required under this Act.
(c) Report.--At the end of each 2-year period, beginning with the
establishment of this account, the Secretary of Homeland Security shall
submit a report to the Congress concerning the status of the account,
including any balances therein, and recommend any adjustment in the
prescribed fee that may be required to ensure that the receipts
collected from the fee charged for the succeeding two years equal, as
closely as possible, the cost of providing appointed counsel as
required under this Act.
SEC. 213. ANNUAL REPORT ON PROVISIONAL DENIAL AUTHORITY.
Not later than 1 year after the date of the enactment of this Act,
and annually thereafter, the Secretary of Homeland Security shall
submit to the Congress a report detailing the number of applicants that
receive--
(1) a provisional denial under this Act;
(2) a final denial under this Act without seeking judicial
review;
(3) a final denial under this Act after seeking judicial
review; and
(4) an approval under this Act after seeking judicial
review.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 10.
Reported (Amended) by the Committee on Judiciary. H. Rept. 116-98.
Reported (Amended) by the Committee on Judiciary. H. Rept. 116-98.
Placed on the Union Calendar, Calendar No. 73.
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