No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4393 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 4393
To secure the border and reform the immigration laws.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 15, 2025
Ms. Salazar (for herself, Ms. Escobar, Mr. Lawler, Mr. Espaillat, Mr.
Valadao, Ms. Scholten, Mr. Newhouse, Ms. Lee of Nevada, Mr. Kelly of
Pennsylvania, Mr. Gray, Mr. Fitzpatrick, Mr. Carbajal, Mr. Evans of
Colorado, Mr. Levin, Mr. Stutzman, Ms. Budzinski, Mr. Bacon, Ms.
Gillen, Mrs. Kim, Mr. Auchincloss, Mr. Diaz-Balart, and Mrs. Trahan)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committees on Homeland Security,
Ways and Means, Transportation and Infrastructure, Education and
Workforce, Oversight and Government Reform, and Armed Services, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To secure the border and reform the immigration laws.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Dignity for
Immigrants while Guarding our Nation to Ignite and Deliver the American
Dream Act of 2025'' or as the ``DIGNIDAD (Dignity) Act of 2025''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
DIVISION A--BORDER SECURITY FOR AMERICA
TITLE I--BORDER SECURITY
Sec. 1111. Strengthening the requirements for barriers along the
southern border.
Sec. 1112. Air and Marine Operations flight hours.
Sec. 1113. Landowner and rancher security enhancement.
Sec. 1114. Southern border threat analysis, Border Patrol strategic
plan, and Northern Border Threat Analysis.
Sec. 1115. Agent and officer technology use.
Sec. 1116. Report on standards and guidelines for managing ports of
entry under the control of the department
of homeland security.
Sec. 1117. Stakeholder and community engagement.
Sec. 1118. Training for officers and agents of U.S. Customs and Border
Protection.
Sec. 1119. U.S. border patrol processing coordinator positions.
Sec. 1120. Establishment of higher minimum rates of pay for United
States border patrol agents.
Sec. 1121. Body Worn Camera Pilot Program Authorization.
Sec. 1122. Protecting sensitive locations.
TITLE II--BORDER AND PORTS OF ENTRY INFRASTRUCTURE FUNDING
Sec. 1201. Ports of entry infrastructure.
Sec. 1202. Sense of Congress on cooperation between agencies.
Sec. 1203. Authorization of appropriations.
Sec. 1204. Funding matters.
TITLE III--CRIMINAL ENFORCEMENT PROVISIONS
Sec. 1301. Illicit spotting.
Sec. 1302. Unlawfully hindering immigration, border, and customs
controls.
Sec. 1303. Report on smuggling.
Sec. 1304. Illegal reentry.
Sec. 1305. Mandatory minimum penalty for child sex trafficking.
Sec. 1306. Visa ineligibility for spouses and children of drug
traffickers.
Sec. 1307. DNA testing and collection consistent with Federal law.
Sec. 1308. Increased penalty for voting by aliens.
TITLE IV--MANDATORY E-VERIFY
Sec. 1401. Short title.
Sec. 1402. Employment eligibility verification process.
Sec. 1403. Employment eligibility verification system.
Sec. 1404. Recruitment, referral, and continuation of employment.
Sec. 1405. Good faith defense.
Sec. 1406. Preemption and States' Rights.
Sec. 1407. Repeal.
Sec. 1408. Penalties.
Sec. 1409. Fraud and misuse of documents.
Sec. 1410. Protection of Social Security Administration programs.
Sec. 1411. Fraud prevention.
Sec. 1412. Use of Employment Eligibility Verification Photo Tool.
Sec. 1413. Identity authentication employment eligibility verification
pilot programs.
Sec. 1414. Inspector General audits.
TITLE V--ASYLUM REFORM
Sec. 1501. Humanitarian campuses.
Sec. 1502. Expedited Asylum Determinations.
Sec. 1503. Screening and processing in Western hemisphere.
Sec. 1504. Recording expedited removal and credible fear interviews.
Sec. 1505. Renunciation of asylum status pursuant to return to home
country.
Sec. 1506. Notice concerning frivolous asylum applications.
Sec. 1507. Anti-fraud investigative work product.
Sec. 1508. Penalties for asylum fraud.
Sec. 1509. Statute of limitations for asylum fraud.
Sec. 1510. Standard operating procedures; facilities standards.
Sec. 1511. Criminal background checks for sponsors of unaccompanied
alien children.
Sec. 1512. Fraud in connection with the transfer of custody of
unaccompanied alien children.
Sec. 1513. Hiring authority.
Sec. 1514. Humanitarian status.
Sec. 1515. Two strike policy.
Sec. 1516. Loan forgiveness for legal service providers at humanitarian
campuses.
DIVISION B--DIGNITY AND AMERICAN DREAM
TITLE I--DREAM ACT
Sec. 2101. Short title.
Sec. 2102. Permanent resident status on a conditional basis for certain
long-term residents who entered the United
States as children.
Sec. 2103. Terms of permanent resident status on a conditional basis.
Sec. 2104. Removal of conditional basis of permanent resident status.
TITLE II--GENERAL PROVISIONS
Sec. 2201. Definitions.
Sec. 2202. Submission of biometric and biographic data; background
checks.
Sec. 2203. Limitation on removal and other conditions on eligible
individuals.
Sec. 2204. Determination of continuous presence and residence.
Sec. 2205. Exemption from numerical limitations.
Sec. 2206. Availability of administrative and judicial review.
Sec. 2207. Documentation requirements.
Sec. 2208. Confidentiality of information.
Sec. 2209. Provisions affecting eligibility for adjustment of status.
TITLE III--DIGNITY PROGRAM
Sec. 2301. Establishment.
Sec. 2302. Eligibility.
Sec. 2303. Registration; departure.
Sec. 2304. Program participation.
Sec. 2305. Completion.
TITLE IV--CONTRIBUTION TO AMERICAN WORKERS
Sec. 2401. Purpose.
Sec. 2402. Availability of funds.
Sec. 2403. Conforming amendments.
Sec. 2404. Definitions.
Sec. 2405. Allotments to States.
Sec. 2406. Grants to partnerships.
Sec. 2407. Use of funds.
Sec. 2408. Performance and accountability.
Sec. 2409. Grants for access to high-demand careers.
DIVISION C--AMERICAN PROSPERITY AND COMPETITIVENESS
Sec. 3101. Short title.
TITLE I--AMERICAN FAMILIES UNITED
Sec. 3111. Rule of construction.
Sec. 3112. Discretionary authority with respect to family members of
United States citizens.
Sec. 3113. Motions to reopen or reconsider.
Sec. 3114. Temporary family visitation.
Sec. 3115. Military Naturalization Modernization.
TITLE II--FAIRNESS FOR LEGAL IMMIGRANTS
Sec. 3201. Reduction of backlogs.
Sec. 3202. Per-country caps raised.
Sec. 3203. Protecting the status of children affected by delays in visa
availability.
TITLE III--EMPLOYMENT AND STUDENT VISAS
Sec. 3301. Spouses and minor children of workers.
Sec. 3302. Wages received by nonresident alien individuals during
optional practical training subject to
social security taxes.
Sec. 3303. Individuals with doctoral degrees in STEM fields recognized
as individuals having extraordinary
ability.
Sec. 3304. Modernizing Visas for Students.
Sec. 3305. Resources for Visa Processing.
DIVISION A--BORDER SECURITY FOR AMERICA
TITLE I--BORDER SECURITY
SEC. 1111. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG THE
SOUTHERN BORDER.
Section 102 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C.
1103 note) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary of Homeland Security shall take
such actions as may be necessary (including the removal of obstacles to
detection of illegal entrants) to design, test, construct, install,
deploy, integrate, and operate physical barriers, tactical
infrastructure, and technology in the vicinity of the United States
border to achieve situational awareness and operational advantage of
the border and deter, impede, and detect illegal activity in high
traffic areas.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Fencing and Road Improvements'' and inserting
``Physical Barriers'';
(B) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``subsection (a)''
and inserting ``this section'';
(II) by striking ``roads, lighting,
cameras, and sensors'' and inserting
``tactical infrastructure, and
technology''; and
(III) by striking ``gain'' and
inserting ``achieve situational
awareness and'';
(ii) by amending subparagraph (B) to read
as follows:
``(B) Physical barriers and tactical
infrastructure.--The Secretary, in carrying out this
section, shall deploy along the United States border
the most practical and effective physical barriers and
tactical infrastructure available for achieving
situational awareness and operational advantage of the
border.'';
(iii) in subparagraph (C)--
(I) by amending clause (i) to read
as follows:
``(i) In general.--In carrying out this
section, the Secretary shall consult with
appropriate Federal agency partners,
appropriate representatives of Federal, State,
Tribal, and local governments, and appropriate
private property owners in the United States to
minimize the impact on the environment,
culture, commerce, and quality of life for the
communities and residents located near the
sites at which such physical barriers are to be
constructed.''; and
(II) in clause (ii)--
(aa) in subclause (I), by
striking ``or'' after the
semicolon at the end;
(bb) by amending subclause
(II) to read as follows:
``(II) delay the transfer to the
United States of the possession of
property or affect the validity of any
property acquisition by the United
States by purchase or eminent domain,
or to otherwise affect the eminent
domain laws of the United States or of
any State; or''; and
(cc) by adding at the end
the following new subclause:
``(III) create any right or
liability for any party.''; and
(iv) by striking subparagraph (D);
(C) in paragraph (2)--
(i) by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
(ii) by striking ``this subsection'' and
inserting ``this section''; and
(iii) by striking ``construction of
fences'' and inserting ``the construction of
physical barriers'';
(D) by amending paragraph (3) to read as follows:
``(3) Agent safety.--In carrying out this section, the
Secretary of Homeland Security, when designing, constructing,
and deploying physical barriers, tactical infrastructure, or
technology, shall incorporate such safety features into such
design, construction, or deployment of such physical barriers,
tactical infrastructure, or technology, as the case may be,
that the Secretary determines are necessary to maximize the
safety and effectiveness of officers or agents of the
Department of Homeland Security or of any other Federal agency
deployed in the vicinity of such physical barriers, tactical
infrastructure, or technology.''; and
(E) in paragraph (4), by striking ``this
subsection'' and inserting ``this section'';
(3) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall have the
authority to waive all legal requirements the Secretary
determines necessary to ensure the expeditious design, testing,
construction, installation, deployment, and integration of the
physical barriers, tactical infrastructure, and technology
under this section. Such waiver authority shall also apply with
respect to any maintenance carried out on such physical
barriers, tactical infrastructure, or technology. Any such
decision by the Secretary shall be effective upon publication
in the Federal Register.'';
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) Notification.--Not later than 7 days after the date
on which the Secretary of Homeland Security exercises the
waiver authority under paragraph (1), the Secretary shall
notify the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate of such waiver.''; and
(4) by adding at the end the following new subsections:
``(e) Technology.--The Secretary of Homeland Security, in carrying
out this section, shall deploy along the United States border the most
practical and effective technology available for achieving situational
awareness and operational advantage of the border.
``(f) Prioritization.--The Secretary of Homeland Security, in
carrying out this section, should prioritize deploying technology along
the United States border.
``(g) Definitions.--In this section:
``(1) Advanced unattended surveillance sensors.--The term
`advanced unattended surveillance sensors' means sensors that
utilize an onboard computer to analyze detections in an effort
to discern between vehicles, humans, and animals, and
ultimately filter false positives prior to transmission.
``(2) High traffic areas.--The term `high traffic areas'
means areas in the vicinity of the United States border that--
``(A) are within the responsibility of U.S. Customs
and Border Protection; and
``(B) have significant unlawful cross-border
activity, as determined by the Secretary of Homeland
Security.
``(3) Operational advantage.--The term `operational
advantage' has the meaning given such term in the 2022-2026
U.S. Border Patrol Strategy (CBP Publication No. 1678-0222).
``(4) Physical barriers.--The term `physical barriers'
includes reinforced fencing, border barrier system, and levees.
``(5) Situational awareness.--The term `situational
awareness' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
``(6) Tactical infrastructure.--The term `tactical
infrastructure' includes boat ramps, access gates, checkpoints,
lighting, and roads.
``(7) Technology.--The term `technology' includes border
surveillance and detection technology, including the following:
``(A) Tower-based surveillance technology,
including autonomous technologies.
``(B) Deployable, lighter-than-air ground
surveillance equipment.
``(C) Vehicle and Dismount Exploitation Radars
(VADER).
``(D) 3-dimensional, seismic acoustic detection and
ranging border tunneling detection technology.
``(E) Advanced unattended surveillance sensors.
``(F) Mobile vehicle-mounted and man-portable
surveillance capabilities.
``(G) Unmanned aircraft systems.
``(H) Other border detection, communication, and
surveillance technology.
``(8) Unmanned aircraft system.--The term `unmanned
aircraft system' has the meaning given such term in section
44801 of title 49, United States Code.''.
SEC. 1112. AIR AND MARINE OPERATIONS FLIGHT HOURS.
(a) Air and Marine Operations Flight Hours.--The Secretary shall
ensure that not fewer than 95,000 annual flight hours are carried out
by Air and Marine Operations of CBP.
(b) Unmanned Aircraft Systems.--The Secretary, after coordination
with the Administrator of the Federal Aviation Administration, shall
ensure that Air and Marine Operations operate unmanned aircraft systems
on the southern border of the United States for not less than 24 hours
per day for 7 days per week.
(c) Primary Missions.--The Commissioner shall ensure that--
(1) the primary missions for Air and Marine Operations are
to directly support--
(A) U.S. Border Patrol activities along the borders
of the United States; and
(B) Joint Interagency Task Force South operations
in the transit zone; and
(2) the Executive Assistant Commissioner of Air and Marine
Operations assigns the greatest priority to support missions
outlined under paragraph (1).
(d) High Demand Flight Hour Requirements.--The Commissioner shall
ensure that U.S. Border Patrol Sector Chiefs--
(1) identify air support mission-critical hours; and
(2) direct Air and Marine Operations to support requests
from Sector Chiefs as their primary mission.
(e) Contract Air Support Authorizations.--The Commissioner shall
contract for the unfulfilled air support mission-critical hours, as
identified pursuant to subsection (d).
(f) Small Unmanned Aircraft Systems.--
(1) In general.--The Chief of the U.S. Border Patrol shall
be the executive agent with respect to the use of small
unmanned aircraft systems by CBP for the purpose of--
(A) meeting the unmet flight hour operational
requirements of the U.S. Border Patrol; and
(B) achieving situational awareness and operational
advantage.
(2) Coordination.--In carrying out paragraph (1), the Chief
of the U.S. Border Patrol shall coordinate--
(A) flight operations with the Administrator of the
Federal Aviation Administration to ensure the safe and
efficient operation of the National Airspace System;
and
(B) with the Executive Assistant Commissioner for
Air and Marine Operations of CBP to--
(i) ensure the safety of other CBP aircraft
flying in the vicinity of small unmanned
aircraft systems operated by the U.S. Border
Patrol; and
(ii) establish a process to include data
from flight hours in the calculation of got
away statistics.
(3) Conforming amendment.--Paragraph (3) of section 411(e)
of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is
amended--
(A) in subparagraph (B), by striking ``and'' after
the semicolon at the end; and
(B) by redesignating subparagraph (C) as
subparagraph (D).
(g) Savings Clause.--Nothing in this section shall confer,
transfer, or delegate to the Secretary, the Commissioner, the Executive
Assistant Commissioner for Air and Marine Operations of CBP, or the
Chief of the U.S. Border Patrol any authority of the Secretary of
Transportation or the Administrator of the Federal Aviation
Administration relating to the use of airspace or aviation safety.
(h) Definitions.--In this section:
(1) Got away.--The term ``got away'' has the meaning given
such term in section 1092(a)(3) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 6
U.S.C. 223(a)(3)).
(2) Transit zone.--The term ``transit zone'' has the
meaning given such term in section 1092(a)(8) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 6 U.S.C. 223(a)(8)).
SEC. 1113. LANDOWNER AND RANCHER SECURITY ENHANCEMENT.
(a) Establishment of National Border Security Advisory Committee.--
The Secretary shall establish a National Border Security Advisory
Committee, which--
(1) may advise, consult with, report to, and make
recommendations to the Secretary on matters relating to border
security matters, including--
(A) verifying security claims and the border
security metrics established by the Department of
Homeland Security under section 1092 of the National
Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 6 U.S.C. 223); and
(B) discussing ways to improve the security of high
traffic areas along the northern border and the
southern border; and
(2) may provide, through the Secretary, recommendations to
Congress.
(b) Consideration of Views.--The Secretary shall consider the
information, advice, and recommendations of the National Border
Security Advisory Committee in formulating policy regarding matters
affecting border security.
(c) Membership.--The National Border Security Advisory Committee
shall consist of at least one member from each State who--
(1) has at least five years practical experience in border
security operations; or
(2) lives and works in the United States within 80 miles
from the southern border or the northern border.
(d) Nonapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
National Border Security Advisory Committee.
SEC. 1114. SOUTHERN BORDER THREAT ANALYSIS, BORDER PATROL STRATEGIC
PLAN, AND NORTHERN BORDER THREAT ANALYSIS.
(a) Souther Border Threat Analysis.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate a Southern border threat analysis.
(2) Contents.--The analysis submitted under paragraph (1)
shall include an assessment of--
(A) current and potential terrorism and criminal
threats posed by individuals and organized groups
seeking--
(i) to unlawfully enter the United States
through the Southern border; or
(ii) to exploit security vulnerabilities
along the Southern border;
(B) improvements needed at and between ports of
entry along the Southern border to prevent terrorists
and instruments of terror from entering the United
States;
(C) gaps in law, policy, and coordination between
State, local, or tribal law enforcement, international
agreements, or tribal agreements that hinder effective
and efficient border security, counterterrorism, and
anti-human smuggling and trafficking efforts;
(D) the current percentage of situational awareness
achieved by the Department along the Southern border;
(E) the current percentage of operational advantage
achieved by the Department on the Southern border; and
(F) traveler crossing times and any potential
security vulnerability associated with prolonged wait
times.
(3) Analysis requirements.--In compiling the Southern
border threat analysis required under this subsection, the
Secretary shall consider and examine--
(A) the technology needs and challenges, including
such needs and challenges identified as a result of
previous investments that have not fully realized the
security and operational benefits that were sought;
(B) the personnel needs and challenges, including
such needs and challenges associated with recruitment
and hiring;
(C) the infrastructure needs and challenges;
(D) the roles and authorities of State, local, and
tribal law enforcement in general border security
activities;
(E) the status of coordination among Federal,
State, local, tribal, and Mexican law enforcement
entities relating to border security;
(F) the terrain, population density, and climate
along the Southern border; and
(G) the international agreements between the United
States and Mexico related to border security.
(4) Classified form.--To the extent possible, the Secretary
shall submit the Southern border threat analysis required under
this subsection in unclassified form, but may submit a portion
of the threat analysis in classified form if the Secretary
determines such action is appropriate.
(b) In General.--Not later than one year after the date of
enactment of this section and every 2 years thereafter, the Secretary,
acting through the Chief of the U.S. Border Patrol, shall issue a
Border Patrol Strategic Plan (referred to in this section as the
``plan'') to enhance the security of the international borders of the
United States.
(c) Elements.--The plan shall include the following:
(1) A consideration of Border Patrol Capability Gap
Analysis reporting, Border Security Improvement Plans, and any
other strategic document authored by the U.S. Border Patrol to
address security gaps with respect to ports of entry, including
efforts to mitigate threats identified in such analyses, plans,
and documents.
(2) Information relating to the dissemination of
information relating to border security or border threats with
respect to the efforts of the Department and other appropriate
Federal agencies.
(3) Information relating to efforts by U.S. Border Patrol
to--
(A) increase situational awareness, including--
(i) surveillance capabilities, such as
capabilities developed or utilized by the
Department of Defense, and any appropriate
technology determined to be excess by the
Department of Defense; and
(ii) the use of manned aircraft and
unmanned aircraft systems;
(B) detect and prevent terrorists and instruments
of terrorism from entering the United States;
(C) detect, interdict, and disrupt human smuggling,
human trafficking, drug trafficking and other illicit
cross-border activity;
(D) focus intelligence collection to disrupt
transnational criminal organizations outside of the
international and maritime borders of the United
States; and
(E) ensure that any new border security technology
can be operationally integrated with existing
technologies in use by the Department.
(4) Information relating to initiatives of the Department
with respect to operational coordination, including any
relevant task forces of the Department.
(5) Information gathered from the lessons learned by the
deployments of the National Guard to the southern border of the
United States.
(6) A description of cooperative agreements relating to
information sharing with State, local, Tribal, territorial, and
other Federal law enforcement agencies that have jurisdiction
on the border.
(7) Information relating to border security information
received from--
(A) State, local, Tribal, territorial, and other
Federal law enforcement agencies that have jurisdiction
on the border or in the maritime environment; and
(B) border community stakeholders, including
representatives from--
(i) border agricultural and ranching
organizations; and
(ii) business and civic organizations.
(8) Information relating to the staffing requirements with
respect to border security for the Department.
(9) A prioritized list of Department research and
development objectives to enhance the security of the southern
border.
(10) An assessment of training programs, including such
programs relating to--
(A) identifying and detecting fraudulent documents;
(B) understanding the scope of CBP enforcement
authorities and appropriate use of force policies; and
(C) screening, identifying, and addressing
vulnerable populations, such as children and victims of
human trafficking.
(d) Northern Border Threat Analysis.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall submit to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate an update of the Northern Border Threat Analysis as required in
the Northern Border Security Review Act (Public Law 114-267).
SEC. 1115. AGENT AND OFFICER TECHNOLOGY USE.
In carrying out section 102 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (as amended by section 1111 of
this division), the Secretary shall ensure that technology deployed to
gain situational awareness and operational advantage of the border be
provided to frontline officers and agents of the Department of Homeland
Security.
SEC. 1116. REPORT ON STANDARDS AND GUIDELINES FOR MANAGING PORTS OF
ENTRY UNDER THE CONTROL OF THE DEPARTMENT OF HOMELAND
SECURITY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
coordination with the Secretary of Commerce, shall submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate a
report that contains an assessment of the standards and guidelines for
managing ports of entry under the control of the Department of Homeland
Security. Such assessment shall include information relating to the
following:
(1) Staffing levels and need for additional staffing.
(2) Rules governing the actions of Office of Field
Operations officers.
(3) Average delays for transit through air, land, and sea
ports of entry.
(4) Assessment of existing efforts and technologies used
for border security, and the effect of the use of such efforts
and technologies on facilitating trade at ports of entry and
their impact on civil rights, private property rights, privacy
rights, and civil liberties.
(5) Economic impact of the policies and practices of CBP
Agricultural Specialists and Office of Field Operations
personnel.
(6) Physical infrastructure and technological needs at
ports of entry.
(7) Data reflecting the specific needs of geographically
separate ports of entry within the same U.S. Border Patrol
sector.
(8) A plan for increasing the number of officers certified
as emergency medical technicians and the number of medical
professionals assigned to U.S. Customs and Border Protection
Office of Field Operations land ports of entry.
(9) A plan to increase access to land ports of entry that
factors in asylum seekers, victims of trafficking,
unaccompanied minors, and other vulnerable populations.
(b) Report on Port Runners.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Homeland Security shall
submit a report that contains an assessment of instances of ``Port
Running'', or departing the United States before officers can conclude
traveler inspections, which shall include recommendations for new
security enhancements, including traffic barricades, to slow and deter
individuals from leaving the United States without authorization.
SEC. 1117. STAKEHOLDER AND COMMUNITY ENGAGEMENT.
(a) Department of Homeland Security Border Oversight Commission.--
(1) Establishment.--There is established an independent
commission, which shall be known as the ``Department of
Homeland Security Border Oversight Commission'' (referred to in
this Act as the ``Commission'').
(2) Organization.--
(A) Leadership.--The Commission shall be led by a
Chair and a Vice Chair.
(B) Membership.--
(i) In general.--The Commission shall be
composed of 30 members, who--
(I) shall be appointed by the
Speaker and the minority leader of the
House of Representatives and the
majority and minority leaders of the
Senate, in consultation with the
President; and
(II) shall have expertise in
migration, local crime indices, civil
and human rights, community relations,
cross-border trade and commerce,
quality of life indicators, or other
pertinent experience.
(ii) Regional representation.--Of the 30
members appointed pursuant to clause (i)(I)--
(I) 13 members shall be from the
northern border region and shall
comprise the northern border
subcommittee; and
(II) 17 members shall be from the
southern border region and shall
comprise the southern border
subcommittee.
(iii) Northern border subcommittee.--Of the
13 members from the northern border region--
(I) 2 shall be elected local
government officials;
(II) 2 shall be local law
enforcement officials;
(III) 2 shall be civil rights
advocates;
(IV) 1 shall represent the business
community;
(V) 1 shall represent institutions
of higher education;
(VI) 1 shall represent a faith
community;
(VII) 2 shall be U.S. Border Patrol
officers or agents; and
(VIII) 2 shall be tribal officials.
(iv) Southern border subcommittee.--Of the
17 members from the southern border region--
(I) 3 shall be elected local
government officials;
(II) 3 shall be local law
enforcement officials;
(III) 3 shall be civil rights
advocates;
(IV) 2 shall represent the business
community;
(V) 1 shall represent institutions
of higher education;
(VI) 1 shall represent a faith
community;
(VII) 2 shall be U.S. Border Patrol
officers or agents; and
(VIII) 2 shall be tribal officials.
(v) Chair; vice chair.--The members of the
Commission shall elect a Chair and a Vice Chair
from among its members by a majority vote of at
least 16 members.
(vi) Terms of service.--The Chair and the
Vice Chair of the Commission shall serve 4-year
terms in such positions. Members of the
Commission shall also serve 4-year terms.
(vii) Appointment deadline.--Congress shall
make the initial appointments to the Commission
not later than 180 days after the date of the
enactment of this Act.
(3) Meetings.--
(A) Commission.--The Commission shall meet at least
semiannually and may convene additional meetings as
necessary.
(B) Subcommittees.--The northern border and
southern border subcommittees shall meet at least
quarterly, and may convene additional meetings, as
necessary.
(4) Duties.--The Commission, the northern border
subcommittee, and the southern border subcommittee shall--
(A) develop recommendations for improvements
regarding border enforcement policies, strategies, and
programs that take into consideration their impact on
border communities;
(B) evaluate policies, strategies, and programs of
Federal agencies operating along the northern and
southern United States borders--
(i) to protect--
(I) due process;
(II) the civil and human rights of
border residents and visitors; and
(III) private property rights of
land owners;
(ii) to reduce the number of migrant
deaths; and
(iii) to improve the safety of agents and
officers of U.S. Customs and Border Protection
and U.S. Immigration and Customs Enforcement;
(C) develop recommendations for improvements
regarding the safety of agents and officers of U.S.
Customs and Border Protection and U.S. Immigration and
Customs Enforcement while such agents and officers are
in the field; and
(D) evaluate training and establish training
courses related to--
(i) management and leadership skills for
supervisors in each U.S. Border Patrol sector,
at each port of entry on the northern and
southern United States borders, and at each
U.S. Immigration and Customs Enforcement field
office; and
(ii) the extent to which supervisory and
management personnel practices at U.S. Customs
and Border Protection and U.S. Immigration and
Customs Enforcement--
(I) encourage and facilitate
workforce development for agents and
officers; and
(II) promote agent and officer
field safety and post-Federal Law
Enforcement Training Center (referred
to in this Act as ``FLETC'') training
of border enforcement personnel.
(5) Additional responsibilities.--
(A) In general.--In carrying out the duties set
forth in paragraph (4), the Commission shall take into
consideration any recommendations and evaluations
agreed upon by the northern border subcommittee and the
southern border subcommittee.
(B) Subcommittee reports.--The northern border
subcommittee and the southern border subcommittee shall
each--
(i) submit an annual report to the Chair
and Vice Chair of the Commission that contains
the recommendations and evaluations of the
subcommittees referred to in paragraph (4); and
(ii) make each such report available to the
public.
(6) Prohibition on compensation.--Members of the Commission
may not receive pay, allowances, or benefits from the Federal
Government by reason of their service on the Commission or
either of its subcommittees.
(b) Hearings and Evidence.--The Commission or, on the authority of
the Commission, any subcommittee or member of the Commission, may, for
the purpose of carrying out this Act, hold such hearings, and sit and
act at such times and places, take such testimony, receive such
evidence, and administer such oaths as the Commission or such
designated subcommittee or designated member determines necessary to
carry out its duties under subsection (a)(4).
(c) Savings Provision.--Nothing in this Act may be construed as
affecting the investigative and disciplinary procedures of U.S. Customs
and Border Protection, U.S. Immigration and Customs Enforcement, or the
Department of Homeland Security with respect to agents and officers of
U.S. Customs and Border Protection or U.S. Immigration and Customs
Enforcement.
(d) Reports.--
(1) Annual reports.--The Commission shall--
(A) submit an annual report to the Secretary of
Homeland Security that contains information regarding
the activities, findings, and recommendations of the
Commission, including the northern border subcommittee
and the southern border subcommittee, for the preceding
year; and
(B) make each such report available to the public.
(2) Congressional notification.--The Secretary of Homeland
Security shall brief the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on the
Judiciary of the Senate, the Committee on Homeland Security of
the House of Representatives, and the Committee on the
Judiciary of the House of Representatives regarding each report
received under paragraph (1).
SEC. 1118. TRAINING FOR OFFICERS AND AGENTS OF U.S. CUSTOMS AND BORDER
PROTECTION.
(a) In General.--Subsection (l) of section 411 of the Homeland
Security Act of 2002 (6 U.S.C. 211) is amended to read as follows:
``(l) Training and Continuing Education.--
``(1) Mandatory training.--The Commissioner shall ensure
that every agent and officer of U.S. Customs and Border
Protection receives a minimum of 21 weeks of training that are
directly related to the mission of the U.S. Border Patrol, Air
and Marine, and the Office of Field Operations before the
initial assignment of such agents and officers.
``(2) FLETC.--The Commissioner shall work in consultation
with the Director of the Federal Law Enforcement Training
Centers to establish guidelines and curriculum for the training
of agents and officers of U.S. Customs and Border Protection
under subsection (a).
``(3) Continuing education.--The Commissioner shall
annually require all agents and officers of U.S. Customs and
Border Protection who are required to undergo training under
subsection (a) to participate in not fewer than eight hours of
continuing education annually to maintain and update
understanding of Federal legal rulings, court decisions, and
Department policies, procedures, and guidelines related to
relevant subject matters.
``(4) Leadership training.--Not later than one year after
the date of the enactment of this subsection, the Commissioner
shall develop and require training courses geared towards the
development of leadership skills for mid- and senior-level
career employees not later than one year after such employees
assume duties in supervisory roles.''.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Commissioner shall submit to the Committee
on Homeland Security and the Committee on Ways and Means of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Finance of the Senate a
report identifying the guidelines and curriculum established to carry
out subsection (l) of section 411 of the Homeland Security Act of 2002,
as amended by subsection (a) of this section.
(c) Assessment.--Not later than four years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Homeland Security and the Committee on
Ways and Means of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on Finance
of the Senate a report that assesses the training and education,
including continuing education, required under subsection (l) of
section 411 of the Homeland Security Act of 2002, as amended by
subsection (a) of this section.
SEC. 1119. U.S. BORDER PATROL PROCESSING COORDINATOR POSITIONS.
(a) Processing Coordinators.--The Commissioner of U.S. Customs and
Border Protection is authorized to hire and train U.S. Border Patrol
Processing Coordinators to operate within the U.S. Border Patrol to--
(1) perform administrative tasks related to the intake and
processing of individuals apprehended by U.S. Border Patrol
agents, where necessary;
(2) transport individuals in U.S. Border Patrol custody,
where necessary; and
(3) perform custodial watch duties of individuals in such
custody, including individuals who have been admitted to a
hospital.
(b) Clarified Authorities.--A U.S. Border Patrol Processing
Coordinator hired under subsection (a) may not arrest or otherwise
detain any person as described in section 235, 236, or 287(a), of the
Immigration and Nationality Act (8 U.S.C. 1225, 1226, and 1357(a)), and
such a Coordinator may not conduct any interview under section
235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1225(b)(1)(B)).
(c) Training.--The Commissioner of U.S. Customs and Border
Protection, in coordination with the Chief of the U.S. Border Patrol
and in consultation with the Director of the Federal Law Enforcement
Training Centers, shall develop tailored training for U.S. Border
Patrol Processing Coordinators.
(d) Associated Support Staff.--The Commissioner of U.S. Customs and
Border Protection is authorized to hire appropriate professional
support staff to facilitate the hiring, training, and other support
functions required by U.S. Border Patrol Processing Coordinators.
SEC. 1120. ESTABLISHMENT OF HIGHER MINIMUM RATES OF PAY FOR UNITED
STATES BORDER PATROL AGENTS.
(a) Higher Minimum Rate of Pay.--Not later than 180 days after the
enactment of this Act, the Director of the Office of Personnel
Management--
(1) shall, in accordance with section 5305 of title 5,
United States Code--
(A) increase the minimum rate of pay for United
States Border Patrol agents at the grade GS-12 of the
General Schedule by not less than 14 percent; and
(B) increase other grades or levels, occupational
groups, series, classes, or subdivisions thereof, as
determined by the Secretary of Homeland Security;
(2) take such actions as may be necessary to harmonize--
(A) pay levels for U.S. Border Patrol agents and
CBP officers at each pay scale in a manner so as to
ensure greater or the same level of pay; and
(B) such other pay incentives and overtime scales;
and
(3) may make increases in all rates in the pay range for
each such grade or level, in accordance with such section 5305.
(b) Inapplicability.--The discretion granted to agency heads under
section 5305(a)(2) of title 5, United States Code, shall not apply to
increase in rates of pay authorized under subsection (a).
SEC. 1121. BODY WORN CAMERA PILOT PROGRAM AUTHORIZATION.
The Body Worn Camera Pilot Program referred to in H. Rept. 116-458,
Department of Homeland Security Appropriations Act, 2021, shall be
authorized for 5 fiscal years after the date of enactment of this Act.
SEC. 1122. PROTECTING SENSITIVE LOCATIONS.
Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357)
is amended by adding at the end the following:
``(i)(1) Except as otherwise provided, an officer or an agent of
the U.S. Immigration and Customs Enforcement or the U.S. Customs and
Border Protection may not take an immigration enforcement action in or
near a protected area.
``(2) Paragraph (1) does not apply--
``(A) whenever prior approval has been obtained; or
``(B) under exigent circumstances (including, but not
limited to, an immigration enforcement action that involves a
national security threat, the hot pursuit of an individual who
poses a public safety threat, or the hot pursuit of an
individual who was observed crossing the border; that involves
the imminent risk of death, violence, or physical harm to a
person or the imminent risk that evidence material to a
criminal case will be destroyed; or where a safe alternative
location does not exist).
``(3) When taking an immigration enforcement action in or near a
protected area, an officer or an agent of U.S. Immigration and Customs
Enforcement or U.S. Customs and Border Protection shall, to the fullest
extent possible--
``(A) take the immigration enforcement action in a non-
public area or in a manner that minimizes the effect on another
person who is accessing the protected area;
``(B) limit the time spent in or near the protected area;
and
``(C) limit the immigration enforcement action to the
person who is the subject of such enforcement action.
``(4) If an immigration enforcement action is taken due to exigent
circumstances, the officer or agent shall inform the Director of U.S.
Immigration and Customs Enforcement (or the Director's designee) or the
Commissioner of U.S. Customs and Border Protection (or the
Commissioner's designee) as the case may be, as soon as practical
thereafter.
``(5) In this subsection:
``(A) The term `immigration enforcement action' means an
arrest, search, service of a subpoena or a notice to appear in
immigration court, or other immigration enforcement action.
``(B) The term `prior approval' means--
``(i) in the case of an immigration enforcement
action that an officer or an agent of U.S. Immigration
and Customs Enforcement will take, prior written
approval from the Director (or the Director's
designee); and
``(ii) in the case of an immigration enforcement
action that an officer or an agent of U.S. Customs and
Border Protection will take, prior written approval
from the Commissioner (or the Commissioner's designee).
``(C) The term `protected area' includes a structure or a
place that provides essential services or at which a person
would engage in an essential activity, including--
``(i) any school;
``(ii) any hospital, medical facility, mental
health facility, or other health care facility;
``(iii) any place of worship or religious study,
whether in a structure dedicated to activities of faith
or a temporary facility or location where such
activities are taking place;
``(iv) any structure or place, the purpose of which
is for children to gather;
``(v) any structure or place, the purpose of which
is to provide social services;
``(vi) any structure or place, the purpose of which
is to provide disaster or emergency assistance or
emergency relief;
``(vii) a place where a funeral, graveside
ceremony, rosary, wedding, or other religious or civil
ceremonies or observances occur;
``(viii) a place where there is an ongoing parade,
demonstration, or rally; or
``(ix) any courthouse.
``(6) For the purposes of this subsection, the Secretary of
Homeland Security shall promulgate guidance, in the exercise of their
discretion, on the physical distance that constitutes in or near a
protected area.''.
TITLE II--BORDER AND PORTS OF ENTRY INFRASTRUCTURE FUNDING
SEC. 1201. PORTS OF ENTRY INFRASTRUCTURE.
(a) Additional Ports of Entry.--
(1) Authority.--The Administrator of General Services may,
subject to section 3307 of title 40, United States Code,
construct new ports of entry along the northern border and
southern border at locations determined by the Secretary.
(2) Consultation.--
(A) Requirement to consult.--The Secretary and the
Administrator of General Services shall consult with
the Secretary of State, the Secretary of the Interior,
the Secretary of Agriculture, the Secretary of
Transportation, and appropriate representatives of
State and local governments, and Indian tribes, and
property owners in the United States prior to
determining a location for any new port of entry
constructed pursuant to paragraph (1).
(B) Considerations.--The purpose of the
consultations required by subparagraph (A) shall be to
minimize any negative impacts of constructing a new
port of entry on the environment, culture, commerce,
and quality of life of the communities and residents
located near such new port.
(b) Expansion and Modernization of High-Priority Southern Border
Ports of Entry.--The Administrator of General Services, subject to
section 3307 of title 40, United States Code, and in coordination with
the Secretary, shall expand or modernize high-priority ports of entry
on the southern border, as determined by the Secretary, for the
purposes of reducing wait times and enhancing security.
(c) Port of Entry Prioritization.--Prior to constructing any new
ports of entry pursuant to subsection (a), the Administrator of General
Services shall complete the expansion and modernization of ports of
entry pursuant to subsection (b) to the extent practicable.
(d) Savings Provision.--Nothing in this section may be construed
to--
(1) create or negate any right of action for a State, local
government, or other person or entity affected by this section;
(2) delay the transfer of the possession of property to the
United States or affect the validity of any property
acquisitions by purchase or eminent domain, or to otherwise
affect the eminent domain laws of the United States or of any
State; or
(3) create any right or liability for any party.
(e) Rule of Construction.--Nothing in this section may be construed
as providing the Secretary new authority related to the construction,
acquisition, or renovation of real property.
SEC. 1202. SENSE OF CONGRESS ON COOPERATION BETWEEN AGENCIES.
(a) Finding.--Congress finds that personnel constraints exist at
land ports of entry with regard to sanitary and phytosanitary
inspections for exported goods.
(b) Sense of Congress.--It is the sense of Congress that, in the
best interest of cross-border trade and the agricultural community--
(1) any lack of certified personnel for inspection purposes
at ports of entry should be addressed by seeking cooperation
between agencies and departments of the United States, whether
in the form of a memorandum of understanding or through a
certification process, whereby additional existing agents are
authorized for additional hours to facilitate and expedite the
flow of legitimate trade and commerce of perishable goods in a
manner consistent with rules of the Department of Agriculture;
and
(2) cross-designation should be available for personnel who
will assist more than one agency or department of the United
States at land ports of entry to facilitate and expedite the
flow of increased legitimate trade and commerce.
SEC. 1203. AUTHORIZATION OF APPROPRIATIONS.
In addition to any amounts otherwise authorized to be appropriated
for such purpose, there is appropriated $2,000,000,000 for each of
fiscal years 2026 through 2030 to carry out this subtitle.
SEC. 1204. FUNDING MATTERS.
Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new section:
``SEC. 9512. IMMIGRATION INFRASTRUCTURE AND DEBT REDUCTION FUND.
``(a) Creation of Trust Fund.--There is hereby established in the
Treasury of the United States a trust fund to be known as the
Immigration Infrastructure and Debt Reduction Fund, consisting of such
amounts as may be appropriated or credited to such Fund as provided in
this section or section 9602(b).
``(b) Transfer to Trust Fund of Amounts Equivalent to Certain
Taxes.--There are hereby appropriated to the Immigration Infrastructure
and Debt Reduction Fund amounts equivalent to the taxes received in the
Treasury under section 2304 of division B of the Dignity for Immigrants
while Guarding our Nation to Ignite and Deliver the American Dream Act
paid or incurred by taxpayers who are aliens and participants in the
Dignity Program under title III of division B of the Dignity for
Immigrants while Guarding our Nation to Ignite and Deliver the American
Dream Act.
``(c) Expenditures From Trust Fund.--Amounts in the Immigration
Infrastructure and Debt Reduction Fund shall be available to carry out
the Dignity for Immigrants while Guarding our Nation to Ignite and
Deliver the American Dream Act and the amendments made by such Act.
``(d) Additional Expenditures From Trust Fund.--After such
expenditures in this Act are completed, the remaining amounts from the
Immigration Infrastructure and Debt Reduction fund shall be returned to
the Treasury to pay down the national debt.
``(e) Premium Processing Fee Deposits.--Fifty percent of the
Premium Processing fee collected under section 201(b)(1) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)(1)), as amended by
section 3201 of the DIGNIDAD Act of 2025, shall be deposited into the
Immigration Examinations Fee Account (IEFA) of the Treasury to fund the
costs of processing immigration benefit requests.
``(f) Premium Processing Fee Contributions.--An employer or private
entity may contribute a partial or full amount of the Premium
Processing fee collected under section 201(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(1)), as amended by section 3201 of
the DIGNIDAD Act of 2025.''.
TITLE III--CRIMINAL ENFORCEMENT PROVISIONS
SEC. 1301. ILLICIT SPOTTING.
Section 1510 of title 18, United States Code, is amended by adding
at the end the following:
``(f) Any person who knowingly transmits, by any means, to another
person the location, movement, or activities of any officer or agent of
a Federal, State, local, or tribal law enforcement agency with the
intent to aid and abet a criminal offense under the immigration laws
(as such term is defined in section 101 of the Immigration and
Nationality Act), the Controlled Substances Act, or the Controlled
Substances Import and Export Act, or that relates to agriculture or
monetary instruments shall be fined under this title or imprisoned not
more than 10 years, or both.''.
SEC. 1302. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS
CONTROLS.
(a) Bringing in and Harboring of Certain Aliens.--Section 274(a) of
the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended--
(1) in paragraph (2), by striking ``brings to or attempts
to'' and inserting the following: ``brings to or knowingly
attempts or conspires to''; and
(2) by adding at the end the following:
``(5) In the case of a person who has brought aliens into
the United States in violation of this subsection, the sentence
otherwise provided for may be increased by up to 10 years if
that person, at the time of the offense, used or carried a
firearm or who, in furtherance of any such crime, possessed a
firearm.''.
(b) Aiding or Assisting Certain Aliens To Enter the United
States.--Section 277 of the Immigration and Nationality Act (8 U.S.C.
1327) is amended--
(1) by inserting after ``knowingly aids or assists'' the
following: ``or attempts to aid or assist''; and
(2) by adding at the end the following: ``In the case of a
person convicted of an offense under this section, the sentence
otherwise provided for may be increased by up to 10 years if
that person, at the time of the offense, used or carried a
firearm or who, in furtherance of any such crime, possessed a
firearm.''.
SEC. 1303. REPORT ON SMUGGLING.
The Secretary of Homeland Security, in coordination with the heads
of appropriate Federal agencies, shall develop a regularly updated
intelligence driven analysis that includes--
(1) migrant perceptions of United States law and policy at
the border, including human smuggling organization messaging
and propaganda;
(2) tactics, techniques, and procedures used by human
smuggling organizations to exploit border security
vulnerabilities to facilitate such smuggling activities across
the border;
(3) the methods and use of technology to organize and
encourage irregular migration and undermine border security;
and
(4) any other information the Secretary determines
appropriate.
SEC. 1304. ILLEGAL REENTRY.
Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326)
is amended to read as follows:
``SEC. 276. REENTRY OF REMOVED ALIEN.
``(a) Reentry After Removal.--
``(1) In general.--Any alien who has been denied admission,
excluded, deported, or removed, or who has departed the United
States while an order of exclusion, deportation, or removal is
outstanding, and subsequently enters, crosses the border to, or
is at any time found in the United States, shall be fined under
title 18, United States Code, imprisoned not more than 10
years, or both.
``(2) Exception.--If an alien sought and received the
express consent of the Secretary to reapply for admission into
the United States, or, with respect to an alien previously
denied admission and removed, the alien was not required to
obtain such advance consent under the Immigration and
Nationality Act or any prior Act, the alien shall not be
subject to the fine and imprisonment provided for in paragraph
(1).
``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty
provided in subsection (a), if an alien described in that subsection
was convicted before such removal or departure--
``(1) for 3 or more misdemeanors or for a felony, the alien
shall be fined under title 18, United States Code, imprisoned
not more than 15 years, or both;
``(2) for a felony for which the alien was sentenced to a
term of imprisonment of not less than 30 months, the alien
shall be fined under such title, imprisoned not more than 20
years, or both;
``(3) for a felony for which the alien was sentenced to a
term of imprisonment of not less than 60 months, the alien
shall be fined under such title, imprisoned not more than 25
years, or both; or
``(4) for murder, rape, kidnapping, or a felony offense
described in chapter 77 (relating to peonage and slavery) or
113B (relating to terrorism) of such title, or for 3 or more
felonies of any kind, the alien shall be fined under such
title, imprisoned not more than 30 years, or both.
``(c) Reentry After Repeated Removal.--Any alien who has been
denied admission, excluded, deported, or removed 3 or more times and
thereafter enters, attempts to enter, crosses the border to, attempts
to cross the border to, or is at any time found in the United States,
shall be fined under title 18, United States Code, imprisoned not more
than 20 years, or both.
``(d) Proof of Prior Convictions.--The prior convictions described
in subsection (b) are elements of the crimes described, and the
penalties in that subsection shall apply only in cases in which the
conviction or convictions that form the basis for the additional
penalty are--
``(1) alleged in the indictment or information; and
``(2) proven beyond a reasonable doubt at trial or admitted
by the defendant.
``(e) Reentry of Alien Removed Prior to Completion of Term of
Imprisonment.--Any alien removed pursuant to section 241(a)(4) who
enters, attempts to enter, crosses the border to, attempts to cross the
border to, or is at any time found in, the United States shall be
incarcerated for the remainder of the sentence of imprisonment which
was pending at the time of deportation without any reduction for parole
or supervised release unless the alien affirmatively demonstrates that
the Secretary of Homeland Security has expressly consented to the
alien's reentry. Such alien shall be subject to such other penalties
relating to the reentry of removed aliens as may be available under
this section or any other provision of law.
``(f) Definitions.--For purposes of this section and section 275,
the following definitions shall apply:
``(1) Crosses the border to the united states.--The term
`crosses the border' refers to the physical act of crossing the
border free from official restraint.
``(2) Official restraint.--The term `official restraint'
means any restraint known to the alien that serves to deprive
the alien of liberty and prevents the alien from going at large
into the United States. Surveillance unbeknownst to the alien
shall not constitute official restraint.
``(3) Felony.--The term `felony' means any criminal offense
punishable by a term of imprisonment of more than 1 year under
the laws of the United States, any State, or a foreign
government.
``(4) Misdemeanor.--The term `misdemeanor' means any
criminal offense punishable by a term of imprisonment of not
more than 1 year under the applicable laws of the United
States, any State, or a foreign government.
``(5) Removal.--The term `removal' includes any denial of
admission, exclusion, deportation, or removal, or any agreement
by which an alien stipulates or agrees to exclusion,
deportation, or removal.
``(6) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
SEC. 1305. MANDATORY MINIMUM PENALTY FOR CHILD SEX TRAFFICKING.
Section 1591(b) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``15'' and inserting
``25''; and
(2) in paragraph (2), by striking ``10 years'' and
inserting ``25 years''.
SEC. 1306. VISA INELIGIBILITY FOR SPOUSES AND CHILDREN OF DRUG
TRAFFICKERS.
Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(2)) is amended--
(1) in subparagraph (C)(ii), by striking ``is the spouse,
son, or daughter'' and inserting ``is or has been the spouse,
son, or daughter''; and
(2) in subparagraph (H)(ii), by striking ``is the spouse,
son, or daughter'' and inserting ``is or has been the spouse,
son, or daughter''.
SEC. 1307. DNA TESTING AND COLLECTION CONSISTENT WITH FEDERAL LAW.
(a) DNA Testing for Family Relationship.--Section 222(b) of the
Immigration and Nationality Act (8 U.S.C. 1202(b)) is amended by
inserting ``Where considered necessary, by the consular officer or
immigration official, to establish family relationships, the immigrant
shall provide DNA evidence of such a relationship in accordance with
procedures established for submitting such evidence. The Secretary and
the Secretary of State may, in consultation, issue regulations to
require DNA evidence to establish family relationship, from applicants
for certain visa classifications.'' after ``and a certified copy of all
other records or documents concerning him or his case which may be
required by the consular officer.''.
(b) DNA Collection Consistent With Federal Law.--Not later than 90
days after the date of the enactment of this section, the Secretary
shall ensure and certify to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate that CBP is fully compliant with the
DNA Fingerprint Act of 2005 (Public Law 109-162; 119 Stat. 3084) at all
border facilities that process adults, including as part of a family
unit, in the custody of CBP at the border.
SEC. 1308. INCREASED PENALTY FOR VOTING BY ALIENS.
Section 611(b) of title 18, United States Code, is amended by
striking ``one year'' and inserting ``five years''.
TITLE IV--MANDATORY E-VERIFY
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Legal Workforce Act''.
SEC. 1402. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.
(a) In General.--Section 274A(b) of the Immigration and Nationality
Act (8 U.S.C. 1324a(b)) is amended to read as follows:
``(b) Employment Eligibility Verification Process.--
``(1) New hires, recruitment, and referral.--The
requirements referred to in paragraphs (1)(B) and (3) of
subsection (a) are, in the case of a person or other entity
hiring, recruiting, or referring an individual for employment
in the United States, the following:
``(A) Attestation after examination of
documentation.--
``(i) Attestation.--During the verification
period (as defined in subparagraph (E)), the
person or entity shall attest, under penalty of
perjury and on a form, including electronic and
telephonic formats, designated or established
by the Secretary by regulation not later than 6
months after the date of the enactment of the
Legal Workforce Act, that it has verified that
the individual is not an unauthorized alien
by--
``(I) obtaining from the individual
the individual's social security
account number or United States
passport number and recording the
number on the form (if the individual
claims to have been issued such a
number), and, if the individual does
not attest to United States nationality
under subparagraph (B), obtaining such
identification or authorization number
established by the Department of
Homeland Security for the alien as the
Secretary of Homeland Security may
specify, and recording such number on
the form; and
``(II) examining--
``(aa) a document relating
to the individual presenting it
described in clause (ii); or
``(bb) a document relating
to the individual presenting it
described in clause (iii) and a
document relating to the
individual presenting it
described in clause (iv).
``(ii) Documents evidencing employment
authorization and establishing identity.--A
document described in this subparagraph is an
individual's--
``(I) unexpired United States
passport or passport card;
``(II) unexpired permanent resident
card that contains a photograph;
``(III) unexpired employment
authorization card that contains a
photograph;
``(IV) in the case of a
nonimmigrant alien authorized to work
for a specific employer incident to
status, a foreign passport with Form I-
94 or Form I-94A, or other
documentation as designated by the
Secretary specifying the alien's
nonimmigrant status as long as the
period of status has not yet expired
and the proposed employment is not in
conflict with any restrictions or
limitations identified in the
documentation;
``(V) passport from the Federated
States of Micronesia (FSM) or the
Republic of the Marshall Islands (RMI)
with Form I-94 or Form I-94A, or other
documentation as designated by the
Secretary, indicating nonimmigrant
admission under the Compact of Free
Association Between the United States
and the FSM or RMI; or
``(VI) other document designated by
the Secretary of Homeland Security, if
the document--
``(aa) contains a
photograph of the individual
and biometric identification
data from the individual and
such other personal identifying
information relating to the
individual as the Secretary of
Homeland Security finds, by
regulation, sufficient for
purposes of this clause;
``(bb) is evidence of
authorization of employment in
the United States; and
``(cc) contains security
features to make it resistant
to tampering, counterfeiting,
and fraudulent use.
``(iii) Documents evidencing employment
authorization.--A document described in this
subparagraph is an individual's social security
account number card (other than such a card
which specifies on the face that the issuance
of the card does not authorize employment in
the United States).
``(iv) Documents establishing identity of
individual.--A document described in this
subparagraph is--
``(I) an individual's unexpired
State-issued driver's license or
identification card if it contains a
photograph and information such as
name, date of birth, gender, height,
eye color, and address;
``(II) an individual's unexpired
U.S. military identification card;
``(III) an individual's unexpired
Native American tribal identification
document issued by a tribal entity
recognized by the Bureau of Indian
Affairs; or
``(IV) in the case of an individual
under 18 years of age, a parent or
legal guardian's attestation under
penalty of law as to the identity and
age of the individual.
``(v) Authority to prohibit use of certain
documents.--If the Secretary of Homeland
Security finds, by regulation, that any
document described in clause (i), (ii), or
(iii) as establishing employment authorization
or identity does not reliably establish such
authorization or identity or is being used
fraudulently to an unacceptable degree, the
Secretary may prohibit or place conditions on
its use for purposes of this paragraph.
``(vi) Signature.--Such attestation may be
manifested by either a handwritten or
electronic signature.
``(B) Individual attestation of employment
authorization.--During the verification period (as
defined in subparagraph (E)), the individual shall
attest, under penalty of perjury on the form designated
or established for purposes of subparagraph (A), that
the individual is a citizen or national of the United
States, an alien lawfully admitted for permanent
residence, or an alien who is authorized under this Act
or by the Secretary of Homeland Security to be hired,
recruited, or referred for such employment. Such
attestation may be manifested by either a handwritten
or electronic signature. The individual shall also
provide that individual's social security account
number or United States passport number (if the
individual claims to have been issued such a number),
and, if the individual does not attest to United States
nationality under this subparagraph, such
identification or authorization number established by
the Department of Homeland Security for the alien as
the Secretary may specify.
``(C) Retention of verification form and
verification.--
``(i) In general.--After completion of such
form in accordance with subparagraphs (A) and
(B), the person or entity shall--
``(I) retain a paper, microfiche,
microfilm, or electronic version of the
form and make it available for
inspection by officers of the
Department of Homeland Security, the
Department of Justice, or the
Department of Labor during a period
beginning on the date of the recruiting
or referral of the individual, or, in
the case of the hiring of an
individual, the date on which the
verification is completed, and ending--
``(aa) in the case of the
recruiting or referral of an
individual, 3 years after the
date of the recruiting or
referral; and
``(bb) in the case of the
hiring of an individual, the
later of 3 years after the date
the verification is completed
or one year after the date the
individual's employment is
terminated; and
``(II) during the verification
period (as defined in subparagraph
(E)), make an inquiry, as provided in
subsection (d), using the verification
system to seek verification of the
identity and employment eligibility of
an individual.
``(ii) Confirmation.--
``(I) Confirmation received.--If
the person or other entity receives an
appropriate confirmation of an
individual's identity and work
eligibility under the verification
system within the time period
specified, the person or entity shall
record on the form an appropriate code
that is provided under the system and
that indicates a final confirmation of
such identity and work eligibility of
the individual.
``(II) Tentative nonconfirmation
received.--If the person or other
entity receives a tentative
nonconfirmation of an individual's
identity or work eligibility under the
verification system within the time
period specified, the person or entity
shall so inform the individual for whom
the verification is sought. If the
individual does not contest the
nonconfirmation within the time period
specified, the nonconfirmation shall be
considered final. The person or entity
shall then record on the form an
appropriate code which has been
provided under the system to indicate a
final nonconfirmation. If the
individual does contest the
nonconfirmation, the individual shall
utilize the process for secondary
verification provided under subsection
(d). The nonconfirmation will remain
tentative until a final confirmation or
nonconfirmation is provided by the
verification system within the time
period specified. In no case shall an
employer terminate employment of an
individual because of a failure of the
individual to have identity and work
eligibility confirmed under this
section until a nonconfirmation becomes
final. Nothing in this clause shall
apply to a termination of employment
for any reason other than because of
such a failure. In no case shall an
employer rescind the offer of
employment to an individual because of
a failure of the individual to have
identity and work eligibility confirmed
under this subsection until a
nonconfirmation becomes final. Nothing
in this subclause shall apply to a
recission of the offer of employment
for any reason other than because of
such a failure.
``(III) Final confirmation or
nonconfirmation received.--If a final
confirmation or nonconfirmation is
provided by the verification system
regarding an individual, the person or
entity shall record on the form an
appropriate code that is provided under
the system and that indicates a
confirmation or nonconfirmation of
identity and work eligibility of the
individual.
``(IV) Extension of time.--If the
person or other entity in good faith
attempts to make an inquiry during the
time period specified and the
verification system has registered that
not all inquiries were received during
such time, the person or entity may
make an inquiry in the first subsequent
working day in which the verification
system registers that it has received
all inquiries. If the verification
system cannot receive inquiries at all
times during a day, the person or
entity merely has to assert that the
entity attempted to make the inquiry on
that day for the previous sentence to
apply to such an inquiry, and does not
have to provide any additional proof
concerning such inquiry.
``(V) Consequences of
nonconfirmation.--
``(aa) Termination or
notification of continued
employment.--If the person or
other entity has received a
final nonconfirmation regarding
an individual, the person or
entity may terminate employment
of the individual (or decline
to recruit or refer the
individual). If the person or
entity does not terminate
employment of the individual or
proceeds to recruit or refer
the individual, the person or
entity shall notify the
Secretary of Homeland Security
of such fact through the
verification system or in such
other manner as the Secretary
may specify.
``(bb) Failure to notify.--
If the person or entity fails
to provide notice with respect
to an individual as required
under item (aa), the failure is
deemed to constitute a
violation of subsection
(a)(1)(A) with respect to that
individual.
``(VI) Continued employment after
final nonconfirmation.--If the person
or other entity continues to employ (or
to recruit or refer) an individual
after receiving final nonconfirmation,
a rebuttable presumption is created
that the person or entity has violated
subsection (a)(1)(A).
``(D) Effective dates of new procedures.--
``(i) Hiring.--Except as provided in clause
(iii), the provisions of this paragraph shall
apply to a person or other entity hiring an
individual for employment in the United States
as follows:
``(I) With respect to employers
having 10,000 or more employees in the
United States on the date of the
enactment of the Legal Workforce Act,
on the date that is 6 months after the
date of the enactment of such Act.
``(II) With respect to employers
having 500 or more employees in the
United States, but less than 10,000
employees in the United States, on the
date of the enactment of the Legal
Workforce Act, on the date that is 12
months after the date of the enactment
of such Act.
``(III) With respect to employers
having 20 or more employees in the
United States, but less than 500
employees in the United States, on the
date of the enactment of the Legal
Workforce Act, on the date that is 18
months after the date of the enactment
of such Act.
``(IV) With respect to employers
having one or more employees in the
United States, but less than 20
employees in the United States, on the
date of the enactment of the Legal
Workforce Act, on the date that is 24
months after the date of the enactment
of such Act.
``(ii) Recruiting and referring.--Except as
provided in clause (iii), the provisions of
this paragraph shall apply to a person or other
entity recruiting or referring an individual
for employment in the United States on the date
that is 12 months after the date of the
enactment of the Legal Workforce Act.
``(iii) Agricultural labor or services.--
With respect to an employee performing
agricultural labor or services, this paragraph
shall not apply with respect to the
verification of the employee until the date
that is 30 months after the date of the
enactment of the Legal Workforce Act. For
purposes of the preceding sentence, the term
`agricultural labor or services' has the
meaning given such term by the Secretary of
Agriculture in regulations and includes
agricultural labor as defined in section
3121(g) of the Internal Revenue Code of 1986,
agriculture as defined in section 3(f) of the
Fair Labor Standards Act of 1938 (29 U.S.C.
203(f)), the handling, planting, drying,
packing, packaging, processing, freezing, or
grading prior to delivery for storage of any
agricultural or horticultural commodity in its
unmanufactured state, all activities required
for the preparation, processing or
manufacturing of a product of agriculture (as
such term is defined in such section 3(f)) for
further distribution, and activities similar to
all the foregoing as they relate to fish or
shellfish facilities. An employee described in
this clause shall not be counted for purposes
of clause (i).
``(iv) Extensions.--Upon request by an
employer having 50 or fewer employees, the
Secretary shall allow a one-time 6-month
extension of the effective date set out in this
subparagraph applicable to such employer. Such
request shall be made to the Secretary and
shall be made prior to such effective date.
``(v) Transition rule.--Subject to
paragraph (4), the following shall apply to a
person or other entity hiring, recruiting, or
referring an individual for employment in the
United States until the effective date or dates
applicable under clauses (i) through (iii):
``(I) This subsection, as in effect
before the enactment of the Legal
Workforce Act.
``(II) Subtitle A of title IV of
the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note), as in effect before
the effective date in section 6107(c)
of the Legal Workforce Act.
``(III) Any other provision of
Federal law requiring the person or
entity to participate in the E-Verify
Program described in section 403(a) of
the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note), as in effect before
the effective date in section 6107(c)
of the Legal Workforce Act, including
Executive Order 13465 (8 U.S.C. 1324a
note; relating to Government
procurement).
``(E) Verification period defined.--
``(i) In general.--For purposes of this
paragraph:
``(I) In the case of recruitment or
referral, the term `verification
period' means the period ending on the
date recruiting or referring commences.
``(II) In the case of hiring, the
term `verification period' means the
period beginning on the date on which
an offer of employment is extended and
ending on the date that is three
business days after the date of hire,
except as provided in clause (iii). The
offer of employment may be conditioned
in accordance with clause (ii).
``(ii) Job offer may be conditional.--A
person or other entity may offer a prospective
employee an employment position that is
conditioned on final verification of the
identity and employment eligibility of the
employee using the procedures established under
this paragraph.
``(iii) Special rule.--Notwithstanding
clause (i)(II), in the case of an alien who is
authorized for employment and who provides
evidence from the Social Security
Administration that the alien has applied for a
social security account number, the
verification period ends three business days
after the alien receives the social security
account number.
``(2) Reverification for individuals with limited work
authorization.--
``(A) In general.--Except as provided in
subparagraph (B), a person or entity shall make an
inquiry, as provided in subsection (d), using the
verification system to seek reverification of the
identity and employment eligibility of all individuals
with a limited period of work authorization employed by
the person or entity during the three business days
after the date on which the employee's work
authorization expires as follows:
``(i) With respect to employers having
10,000 or more employees in the United States
on the date of the enactment of the Legal
Workforce Act, beginning on the date that is 6
months after the date of the enactment of such
Act.
``(ii) With respect to employers having 500
or more employees in the United States, but
less than 10,000 employees in the United
States, on the date of the enactment of the
Legal Workforce Act, beginning on the date that
is 12 months after the date of the enactment of
such Act.
``(iii) With respect to employers having 20
or more employees in the United States, but
less than 500 employees in the United States,
on the date of the enactment of the Legal
Workforce Act, beginning on the date that is 18
months after the date of the enactment of such
Act.
``(iv) With respect to employers having one
or more employees in the United States, but
less than 20 employees in the United States, on
the date of the enactment of the Legal
Workforce Act, beginning on the date that is 24
months after the date of the enactment of such
Act.
``(B) Agricultural labor or services.--With respect
to an employee performing agricultural labor or
services, or an employee recruited or referred by a
farm labor contractor (as defined in section 3 of the
Migrant and Seasonal Agricultural Worker Protection Act
(29 U.S.C. 1801)), subparagraph (A) shall not apply
with respect to the reverification of the employee
until the date that is 30 months after the date of the
enactment of the Legal Workforce Act. For purposes of
the preceding sentence, the term `agricultural labor or
services' has the meaning given such term by the
Secretary of Agriculture in regulations and includes
agricultural labor as defined in section 3121(g) of the
Internal Revenue Code of 1986, agriculture as defined
in section 3(f) of the Fair Labor Standards Act of 1938
(29 U.S.C. 203(f)), the handling, planting, drying,
packing, packaging, processing, freezing, or grading
prior to delivery for storage of any agricultural or
horticultural commodity in its unmanufactured state,
all activities required for the preparation,
processing, or manufacturing of a product of
agriculture (as such term is defined in such section
3(f)) for further distribution, and activities similar
to all the foregoing as they relate to fish or
shellfish facilities. An employee described in this
subparagraph shall not be counted for purposes of
subparagraph (A).
``(C) Reverification.--Paragraph (1)(C)(ii) shall
apply to reverifications pursuant to this paragraph on
the same basis as it applies to verifications pursuant
to paragraph (1), except that employers shall--
``(i) use a form designated or established
by the Secretary by regulation for purposes of
this paragraph; and
``(ii) retain a paper, microfiche,
microfilm, or electronic version of the form
and make it available for inspection by
officers of the Department of Homeland
Security, the Department of Justice, or the
Department of Labor during the period beginning
on the date the reverification commences and
ending on the date that is the later of 3 years
after the date of such reverification or 1 year
after the date the individual's employment is
terminated.
``(3) Previously hired individuals.--
``(A) On a mandatory basis for certain employees.--
``(i) In general.--Not later than the date
that is 6 months after the date of the
enactment of the Legal Workforce Act, an
employer shall make an inquiry, as provided in
subsection (d), using the verification system
to seek verification of the identity and
employment eligibility of any individual
described in clause (ii) employed by the
employer whose employment eligibility has not
been verified under the E-Verify Program
described in section 403(a) of the Illegal
Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1324a note).
``(ii) Individuals described.--An
individual described in this clause is any of
the following:
``(I) An employee of any unit of a
Federal, State, or local government.
``(II) An employee who requires a
Federal security clearance working in a
Federal, State, or local government
building, a military base, a nuclear
energy site, a weapons site, or an
airport or other facility that requires
workers to carry a Transportation
Worker Identification Credential
(TWIC).
``(III) An employee assigned to
perform work in the United States under
a Federal contract, except that this
subclause--
``(aa) is not applicable to
individuals who have a
clearance under Homeland
Security Presidential Directive
12 (HSPD 12 clearance), are
administrative or overhead
personnel, or are working
solely on contracts that
provide Commercial Off The
Shelf goods or services as set
forth by the Federal
Acquisition Regulatory Council,
unless they are subject to
verification under subclause
(II); and
``(bb) only applies to
contracts over the simple
acquisition threshold as
defined in section 2.101 of
title 48, Code of Federal
Regulations.
``(B) On a mandatory basis for multiple users of
same social security account number.--In the case of an
employer who is required by this subsection to use the
verification system described in subsection (d), or has
elected voluntarily to use such system, the employer
shall make inquiries to the system in accordance with
the following:
``(i) The Commissioner of Social Security
shall notify annually employees (at the
employee address listed on the Wage and Tax
Statement) who submit a social security account
number to which more than one employer reports
income and for which there is a pattern of
unusual multiple use. The notification letter
shall identify the number of employers to which
income is being reported as well as sufficient
information notifying the employee of the
process to contact the Social Security
Administration Fraud Hotline if the employee
believes the employee's identity may have been
stolen. The notice shall not share information
protected as private, in order to avoid any
recipient of the notice from being in the
position to further commit or begin committing
identity theft.
``(ii) If the person to whom the social
security account number was issued by the
Social Security Administration has been
identified and confirmed by the Commissioner,
and indicates that the social security account
number was used without their knowledge, the
Secretary and the Commissioner shall lock the
social security account number for employment
eligibility verification purposes and shall
notify the employers of the individuals who
wrongfully submitted the social security
account number that the employee may not be
work-eligible.
``(iii) Each employer receiving such
notification of an incorrect social security
account number under clause (ii) shall use the
verification system described in subsection (d)
to check the work eligibility status of the
applicable employee within 10 business days of
receipt of the notification.
``(C) On a voluntary basis.--Subject to paragraph
(2), and subparagraphs (A) through (C) of this
paragraph, beginning on the date that is 30 days after
the date of the enactment of the Legal Workforce Act,
an employer may make an inquiry, as provided in
subsection (d), using the verification system to seek
verification of the identity and employment eligibility
of any individual employed by the employer. If an
employer chooses voluntarily to seek verification of
any individual employed by the employer, the employer
shall seek verification of all individuals employed at
the same geographic location or, at the option of the
employer, all individuals employed within the same job
category, as the employee with respect to whom the
employer seeks voluntarily to use the verification
system. An employer's decision about whether or not
voluntarily to seek verification of its current
workforce under this subparagraph may not be considered
by any government agency in any proceeding,
investigation, or review provided for in this Act.
``(D) Verification.--Paragraph (1)(C)(ii) shall
apply to verifications pursuant to this paragraph on
the same basis as it applies to verifications pursuant
to paragraph (1), except that employers shall--
``(i) use a form designated or established
by the Secretary by regulation for purposes of
this paragraph; and
``(ii) retain a paper, microfiche,
microfilm, or electronic version of the form
and make it available for inspection by
officers of the Department of Homeland
Security, the Department of Justice, or the
Department of Labor during the period beginning
on the date the verification commences and
ending on the date that is the later of 3 years
after the date of such verification or 1 year
after the date the individual's employment is
terminated.
``(4) Early compliance.--
``(A) Former e-verify required users, including
federal contractors.--Notwithstanding the deadlines in
paragraphs (1) and (2), beginning on the date of the
enactment of the Legal Workforce Act, the Secretary is
authorized to commence requiring employers required to
participate in the E-Verify Program described in
section 403(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note), including employers required to participate in
such program by reason of Federal acquisition laws (and
regulations promulgated under those laws, including the
Federal Acquisition Regulation), to commence compliance
with the requirements of this subsection (and any
additional requirements of such Federal acquisition
laws and regulation) in lieu of any requirement to
participate in the E-Verify Program.
``(B) Former e-verify voluntary users and others
desiring early compliance.--Notwithstanding the
deadlines in paragraphs (1) and (2), beginning on the
date of the enactment of the Legal Workforce Act, the
Secretary shall provide for the voluntary compliance
with the requirements of this subsection by employers
voluntarily electing to participate in the E-Verify
Program described in section 403(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note) before such date, as well as
by other employers seeking voluntary early compliance.
``(5) Copying of documentation permitted.--Notwithstanding
any other provision of law, the person or entity may copy a
document presented by an individual pursuant to this subsection
and may retain the copy, but only (except as otherwise
permitted under law) for the purpose of complying with the
requirements of this subsection.
``(6) Limitation on use of forms.--A form designated or
established by the Secretary of Homeland Security under this
subsection and any information contained in or appended to such
form, may not be used for purposes other than for enforcement
of this Act and any other provision of Federal criminal law.
``(7) Good faith compliance.--
``(A) In general.--Except as otherwise provided in
this subsection, a person or entity is considered to
have complied with a requirement of this subsection
notwithstanding a technical or procedural failure to
meet such requirement if there was a good faith attempt
to comply with the requirement.
``(B) Exception if failure to correct after
notice.--Subparagraph (A) shall not apply if--
``(i) the failure is not de minimis;
``(ii) the Secretary of Homeland Security
has explained to the person or entity the basis
for the failure and why it is not de minimis;
``(iii) the person or entity has been
provided a period of not less than 30 calendar
days (beginning after the date of the
explanation) within which to correct the
failure; and
``(iv) the person or entity has not
corrected the failure voluntarily within such
period.
``(C) Exception for pattern or practice
violators.--Subparagraph (A) shall not apply to a
person or entity that has or is engaging in a pattern
or practice of violations of subsection (a)(1)(A) or
(a)(2).
``(8) Single extension of deadlines upon certification.--In
a case in which the Secretary of Homeland Security has
certified to the Congress that the employment eligibility
verification system required under subsection (d) will not be
fully operational by the date that is 6 months after the date
of the enactment of the Legal Workforce Act, each deadline
established under this section for an employer to make an
inquiry using such system shall be extended by 6 months. No
other extension of such a deadline shall be made except as
authorized under paragraph (1)(D)(iv).''.
(b) Date of Hire.--Section 274A(h) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at the end the
following:
``(4) Definition of date of hire.--As used in this section,
the term `date of hire' means the date of actual commencement
of employment for wages or other remuneration, unless otherwise
specified.''.
SEC. 1403. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.
Section 274A(d) of the Immigration and Nationality Act (8 U.S.C.
1324a(d)) is amended to read as follows:
``(d) Employment Eligibility Verification System.--
``(1) In general.--Patterned on the employment eligibility
confirmation system established under section 404 of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note), the Secretary of Homeland Security
shall establish and administer a verification system through
which the Secretary (or a designee of the Secretary, which may
be a nongovernmental entity)--
``(A) responds to inquiries made by persons at any
time through a toll-free telephone line and other toll-
free electronic media concerning an individual's
identity and whether the individual is authorized to be
employed; and
``(B) maintains records of the inquiries that were
made, of verifications provided (or not provided), and
of the codes provided to inquirers as evidence of their
compliance with their obligations under this section.
``(2) Initial response.--The verification system shall
provide confirmation or a tentative nonconfirmation of an
individual's identity and employment eligibility within 3
working days of the initial inquiry. If providing confirmation
or tentative nonconfirmation, the verification system shall
provide an appropriate code indicating such confirmation or
such nonconfirmation.
``(3) Secondary confirmation process in case of tentative
nonconfirmation.--In cases of tentative nonconfirmation, the
Secretary shall specify, in consultation with the Commissioner
of Social Security, an available secondary verification process
to confirm the validity of information provided and to provide
a final confirmation or nonconfirmation not later than 10
working days after the date on which the notice of the
tentative nonconfirmation is received by the employee. The
Secretary, in consultation with the Commissioner, may extend
this deadline once on a case-by-case basis for a period of 10
working days, and if the time is extended, shall document such
extension within the verification system. The Secretary, in
consultation with the Commissioner, shall notify the employee
and employer of such extension. The Secretary, in consultation
with the Commissioner, shall create a standard process of such
extension and notification and shall make a description of such
process available to the public. When final confirmation or
nonconfirmation is provided, the verification system shall
provide an appropriate code indicating such confirmation or
nonconfirmation.
``(4) Design and operation of system.--The verification
system shall be designed and operated--
``(A) to maximize its reliability and ease of use
by persons and other entities consistent with
insulating and protecting the privacy and security of
the underlying information;
``(B) to respond to all inquiries made by such
persons and entities on whether individuals are
authorized to be employed and to register all times
when such inquiries are not received;
``(C) with appropriate administrative, technical,
and physical safeguards to prevent unauthorized
disclosure of personal information;
``(D) to have reasonable safeguards against the
system's resulting in unlawful discriminatory practices
based on national origin or citizenship status,
including--
``(i) the selective or unauthorized use of
the system to verify eligibility; or
``(ii) the exclusion of certain individuals
from consideration for employment as a result
of a perceived likelihood that additional
verification will be required, beyond what is
required for most job applicants;
``(E) to maximize the prevention of identity theft
use in the system; and
``(F) to limit the subjects of verification to the
following individuals:
``(i) Individuals hired, referred, or
recruited, in accordance with paragraph (1) or
(4) of subsection (b).
``(ii) Employees and prospective employees,
in accordance with paragraph (1), (2), (3), or
(4) of subsection (b).
``(iii) Individuals seeking to confirm
their own employment eligibility on a voluntary
basis.
``(5) Responsibilities of commissioner of social
security.--As part of the verification system, the Commissioner
of Social Security, in consultation with the Secretary of
Homeland Security (and any designee of the Secretary selected
to establish and administer the verification system), shall
establish a reliable, secure method, which, within the time
periods specified under paragraphs (2) and (3), compares the
name and social security account number provided in an inquiry
against such information maintained by the Commissioner in
order to validate (or not validate) the information provided
regarding an individual whose identity and employment
eligibility must be confirmed, the correspondence of the name
and number, and whether the individual has presented a social
security account number that is not valid for employment. The
Commissioner shall not disclose or release social security
information (other than such confirmation or nonconfirmation)
under the verification system except as provided for in this
section or section 205(c)(2)(I) of the Social Security Act.
``(6) Responsibilities of secretary of homeland security.--
As part of the verification system, the Secretary of Homeland
Security (in consultation with any designee of the Secretary
selected to establish and administer the verification system),
shall establish a reliable, secure method, which, within the
time periods specified under paragraphs (2) and (3), compares
the name and alien identification or authorization number (or
any other information as determined relevant by the Secretary)
which are provided in an inquiry against such information
maintained or accessed by the Secretary in order to validate
(or not validate) the information provided, the correspondence
of the name and number, whether the alien is authorized to be
employed in the United States, or to the extent that the
Secretary determines to be feasible and appropriate, whether
the records available to the Secretary verify the identity or
status of a national of the United States.
``(7) Updating information.--The Commissioner of Social
Security and the Secretary of Homeland Security shall update
their information in a manner that promotes the maximum
accuracy and shall provide a process for the prompt correction
of erroneous information, including instances in which it is
brought to their attention in the secondary verification
process described in paragraph (3).
``(8) Limitation on use of the verification system and any
related systems.--
``(A) No national identification card.--Nothing in
this section shall be construed to authorize, directly
or indirectly, the issuance or use of national
identification cards or the establishment of a national
identification card.
``(B) Critical infrastructure.--The Secretary may
authorize or direct any person or entity responsible
for granting access to, protecting, securing,
operating, administering, or regulating part of the
critical infrastructure (as defined in section 1016(e)
of the Critical Infrastructure Protection Act of 2001
(42 U.S.C. 5195c(e))) to use the verification system to
the extent the Secretary determines that such use will
assist in the protection of the critical
infrastructure.
``(9) Remedies.--If an individual alleges that the
individual would not have been dismissed from a job but for an
error of the verification mechanism, the individual may seek
compensation only through the mechanism of the Federal Tort
Claims Act, and injunctive relief to correct such error. No
class action may be brought under this paragraph.''.
SEC. 1404. RECRUITMENT, REFERRAL, AND CONTINUATION OF EMPLOYMENT.
(a) Additional Changes to Rules for Recruitment, Referral, and
Continuation of Employment.--Section 274A(a) of the Immigration and
Nationality Act (8 U.S.C. 1324a(a)) is amended--
(1) in paragraph (1)(A), by striking ``for a fee'';
(2) in paragraph (1), by amending subparagraph (B) to read
as follows:
``(B) to hire, continue to employ, or to recruit or
refer for employment in the United States an individual
without complying with the requirements of subsection
(b).''; and
(3) in paragraph (2), by striking ``after hiring an alien
for employment in accordance with paragraph (1),'' and
inserting ``after complying with paragraph (1),''.
(b) Definition.--Section 274A(h) of the Immigration and Nationality
Act (8 U.S.C. 1324a(h)), as amended by section 1402(b) of this Act, is
further amended by adding at the end the following:
``(5) Definition of recruit or refer.--As used in this
section, the term `refer' means the act of sending or directing
a person who is in the United States or transmitting
documentation or information to another, directly or
indirectly, with the intent of obtaining employment in the
United States for such person. Only persons or entities
referring for remuneration (whether on a retainer or
contingency basis) are included in the definition, except that
union hiring halls that refer union members or nonunion
individuals who pay union membership dues are included in the
definition whether or not they receive remuneration, as are
labor service entities or labor service agencies, whether
public, private, for-profit, or nonprofit, that refer,
dispatch, or otherwise facilitate the hiring of laborers for
any period of time by a third party. As used in this section,
the term `recruit' means the act of soliciting a person who is
in the United States, directly or indirectly, and referring the
person to another with the intent of obtaining employment for
that person. Only persons or entities referring for
remuneration (whether on a retainer or contingency basis) are
included in the definition, except that union hiring halls that
refer union members or nonunion individuals who pay union
membership dues are included in this definition whether or not
they receive remuneration, as are labor service entities or
labor service agencies, whether public, private, for-profit, or
nonprofit that recruit, dispatch, or otherwise facilitate the
hiring of laborers for any period of time by a third party.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 1 year after the date of the enactment of
this Act, except that the amendments made by subsection (a) shall take
effect 6 months after the date of the enactment of this Act insofar as
such amendments relate to continuation of employment.
SEC. 1405. GOOD FAITH DEFENSE.
Section 274A(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1324a(a)(3)) is amended to read as follows:
``(3) Good faith defense.--
``(A) Defense.--An employer (or person or entity
that hires, employs, recruits, or refers (as defined in
subsection (h)(5)), or is otherwise obligated to comply
with this section) who establishes that it has complied
in good faith with the requirements of subsection (b)--
``(i) shall not be liable to a job
applicant, an employee, the Federal Government,
or a State or local government, under Federal,
State, or local criminal or civil law for any
employment-related action taken with respect to
a job applicant or employee in good-faith
reliance on information provided through the
system established under subsection (d); and
``(ii) has established compliance with its
obligations under subparagraphs (A) and (B) of
paragraph (1) and subsection (b) absent a
showing by the Secretary of Homeland Security,
by clear and convincing evidence, that the
employer had knowledge that an employee is an
unauthorized alien.
``(B) Mitigation element.--For purposes of
subparagraph (A)(i), if an employer proves by a
preponderance of the evidence that the employer uses a
reasonable, secure, and established technology to
authenticate the identity of the new employee, that
fact shall be taken into account for purposes of
determining good faith use of the system established
under subsection (d).
``(C) Failure to seek and obtain verification.--
Subject to the effective dates and other deadlines
applicable under subsection (b), in the case of a
person or entity in the United States that hires, or
continues to employ, an individual, or recruits or
refers an individual for employment, the following
requirements apply:
``(i) Failure to seek verification.--
``(I) In general.--If the person or
entity has not made an inquiry, under
the mechanism established under
subsection (d) and in accordance with
the timeframes established under
subsection (b), seeking verification of
the identity and work eligibility of
the individual, the defense under
subparagraph (A) shall not be
considered to apply with respect to any
employment, except as provided in
subclause (II).
``(II) Special rule for failure of
verification mechanism.--If such a
person or entity in good faith attempts
to make an inquiry in order to qualify
for the defense under subparagraph (A)
and the verification mechanism has
registered that not all inquiries were
responded to during the relevant time,
the person or entity can make an
inquiry until the end of the first
subsequent working day in which the
verification mechanism registers no
nonresponses and qualify for such
defense.
``(ii) Failure to obtain verification.--If
the person or entity has made the inquiry
described in clause (i)(I) but has not received
an appropriate verification of such identity
and work eligibility under such mechanism
within the time period specified under
subsection (d)(2) after the time the
verification inquiry was received, the defense
under subparagraph (A) shall not be considered
to apply with respect to any employment after
the end of such time period.''.
SEC. 1406. PREEMPTION AND STATES' RIGHTS.
Section 274A(h)(2) of the Immigration and Nationality Act (8 U.S.C.
1324a(h)(2)) is amended to read as follows:
``(2) Preemption.--
``(A) Single, national policy.--The provisions of
this section preempt any State or local law, ordinance,
policy, or rule, including any criminal or civil fine
or penalty structure, insofar as they may now or
hereafter relate to the hiring, continued employment,
or status verification for employment eligibility
purposes, of unauthorized aliens.
``(B) State enforcement of federal law.--
``(i) Business licensing.--A State,
locality, municipality, or political
subdivision may exercise its authority over
business licensing and similar laws as a
penalty for failure to use the verification
system described in subsection (d) to verify
employment eligibility when and as required
under subsection (b).
``(ii) General rules.--A State, at its own
cost, may enforce the provisions of this
section, but only insofar as such State follows
the Federal regulations implementing this
section, applies the Federal penalty structure
set out in this section, and complies with all
Federal rules and guidance concerning
implementation of this section. Such State may
collect any fines assessed under this section.
An employer may not be subject to enforcement,
including audit and investigation, by both a
Federal agency and a State for the same
violation under this section. Whichever entity,
the Federal agency or the State, is first to
initiate the enforcement action, has the right
of first refusal to proceed with the
enforcement action. The Secretary must provide
copies of all guidance, training, and field
instructions provided to Federal officials
implementing the provisions of this section to
each State.''.
SEC. 1407. REPEAL.
(a) In General.--Subtitle A of title IV of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note)
is repealed.
(b) References.--Any reference in any Federal law, Executive order,
rule, regulation, or delegation of authority, or any document of, or
pertaining to, the Department of Homeland Security, Department of
Justice, or the Social Security Administration, to the employment
eligibility confirmation system established under section 404 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note) is deemed to refer to the employment eligibility
confirmation system established under section 274A(d) of the
Immigration and Nationality Act, as amended by section 1403 of this
Act.
(c) Effective Date.--This section shall take effect on the date
that is 30 months after the date of the enactment of this Act.
(d) Clerical Amendment.--The table of sections, in section 1(d) of
the Illegal Immigration Reform and Immigrant Responsibility Act of
1996, is amended by striking the items relating to subtitle A of title
IV.
SEC. 1408. PENALTIES.
Section 274A of the Immigration and Nationality Act (8 U.S.C.
1324a) is amended--
(1) in subsection (e)(1)--
(A) by striking ``Attorney General'' each place
such term appears and inserting ``Secretary of Homeland
Security''; and
(B) in subparagraph (D), by striking ``Service''
and inserting ``Department of Homeland Security'';
(2) in subsection (e)(4)--
(A) in subparagraph (A), in the matter before
clause (i), by inserting ``, subject to paragraph
(10),'' after ``in an amount'';
(B) in subparagraph (A)(i), by striking ``not less
than $250 and not more than $2,000'' and inserting
``not less than $2,500 and not more than $5,000'';
(C) in subparagraph (A)(ii), by striking ``not less
than $2,000 and not more than $5,000'' and inserting
``not less than $5,000 and not more than $10,000'';
(D) in subparagraph (A)(iii), by striking ``not
less than $3,000 and not more than $10,000'' and
inserting ``not less than $10,000 and not more than
$25,000''; and
(E) by moving the margin of the continuation text
following subparagraph (B) two ems to the left and by
amending subparagraph (B) to read as follows:
``(B) may require the person or entity to take such
other remedial action as is appropriate.'';
(3) in subsection (e)(5)--
(A) in the paragraph heading, strike ``paperwork'';
(B) by inserting ``, subject to paragraphs (10)
through (12),'' after ``in an amount'';
(C) by striking ``$100'' and inserting ``$1,000'';
(D) by striking ``$1,000'' and inserting
``$25,000''; and
(E) by adding at the end the following: ``Failure
by a person or entity to utilize the employment
eligibility verification system as required by law, or
providing information to the system that the person or
entity knows or reasonably believes to be false, shall
be treated as a violation of subsection (a)(1)(A).'';
(4) by adding at the end of subsection (e) the following:
``(10) Exemption from penalty for good faith violation.--In
the case of imposition of a civil penalty under paragraph
(4)(A) with respect to a violation of subsection (a)(1)(A) or
(a)(2) for hiring or continuation of employment or recruitment
or referral by person or entity and in the case of imposition
of a civil penalty under paragraph (5) for a violation of
subsection (a)(1)(B) for hiring or recruitment or referral by a
person or entity, the penalty otherwise imposed may be waived
or reduced if the violator establishes that the violator acted
in good faith.
``(11) Mitigation element.--For purposes of paragraph (4),
the size of the business shall be taken into account when
assessing the level of civil money penalty.
``(12) Authority to debar employers for certain
violations.--
``(A) In general.--If a person or entity is
determined by the Secretary of Homeland Security to be
a repeat violator of paragraph (1)(A) or (2) of
subsection (a), or is convicted of a crime under this
section, such person or entity may be considered for
debarment from the receipt of Federal contracts,
grants, or cooperative agreements in accordance with
the debarment standards and pursuant to the debarment
procedures set forth in the Federal Acquisition
Regulation.
``(B) Does not have contract, grant, agreement.--If
the Secretary of Homeland Security or the Attorney
General wishes to have a person or entity considered
for debarment in accordance with this paragraph, and
such a person or entity does not hold a Federal
contract, grant, or cooperative agreement, the
Secretary or Attorney General shall refer the matter to
the Administrator of General Services to determine
whether to list the person or entity on the List of
Parties Excluded from Federal Procurement, and if so,
for what duration and under what scope.
``(C) Has contract, grant, agreement.--If the
Secretary of Homeland Security or the Attorney General
wishes to have a person or entity considered for
debarment in accordance with this paragraph, and such
person or entity holds a Federal contract, grant, or
cooperative agreement, the Secretary or Attorney
General shall advise all agencies or departments
holding a contract, grant, or cooperative agreement
with the person or entity of the Government's interest
in having the person or entity considered for
debarment, and after soliciting and considering the
views of all such agencies and departments, the
Secretary or Attorney General may refer the matter to
any appropriate lead agency to determine whether to
list the person or entity on the List of Parties
Excluded from Federal Procurement, and if so, for what
duration and under what scope.
``(D) Review.--Any decision to debar a person or
entity in accordance with this paragraph shall be
reviewable pursuant to part 9.4 of the Federal
Acquisition Regulation.
``(13) Office for state and local government complaints.--
The Secretary of Homeland Security shall establish an office--
``(A) to which State and local government agencies
may submit information indicating potential violations
of subsection (a), (b), or (g)(1) that were generated
in the normal course of law enforcement or the normal
course of other official activities in the State or
locality;
``(B) that is required to indicate to the
complaining State or local agency within five business
days of the filing of such a complaint by identifying
whether the Secretary will further investigate the
information provided;
``(C) that is required to investigate those
complaints filed by State or local government agencies
that, on their face, have a substantial probability of
validity;
``(D) that is required to notify the complaining
State or local agency of the results of any such
investigation conducted; and
``(E) that is required to report to the Congress
annually the number of complaints received under this
paragraph, the States and localities that filed such
complaints, and the resolution of the complaints
investigated by the Secretary.''; and
(5) by amending paragraph (1) of subsection (f) to read as
follows:
``(1) Criminal penalty.--Any person or entity which engages
in a pattern or practice of violations of subsection (a) (1) or
(2) shall be fined not more than $5,000 for each unauthorized
alien with respect to which such a violation occurs, imprisoned
for not more than 18 months, or both, notwithstanding the
provisions of any other Federal law relating to fine levels.''.
SEC. 1409. FRAUD AND MISUSE OF DOCUMENTS.
Section 1546(b) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``identification
document,'' and inserting ``identification document or document
meant to establish work authorization (including the documents
described in section 274A(b) of the Immigration and Nationality
Act),''; and
(2) in paragraph (2), by striking ``identification
document'' and inserting ``identification document or document
meant to establish work authorization (including the documents
described in section 274A(b) of the Immigration and Nationality
Act),''.
SEC. 1410. PROTECTION OF SOCIAL SECURITY ADMINISTRATION PROGRAMS.
(a) Funding Under Agreement.--Effective for not later than two
years after the date of enactment of this Act, the Commissioner of
Social Security and the Secretary of Homeland Security shall enter into
and maintain an agreement which shall--
(1) provide funds to the Commissioner for the full costs of
the responsibilities of the Commissioner under section 274A(d)
of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as
amended by section 1403 of this Act, including (but not limited
to)--
(A) acquiring, installing, and maintaining
technological equipment and systems necessary for the
fulfillment of the responsibilities of the Commissioner
under such section 274A(d), but only that portion of
such costs that are attributable exclusively to such
responsibilities; and
(B) responding to individuals who contest a
tentative nonconfirmation provided by the employment
eligibility verification system established under such
section;
(2) provide such funds annually in advance of the
applicable quarter based on estimating methodology agreed to by
the Commissioner and the Secretary (except in such instances
where the delayed enactment of an annual appropriation may
preclude such quarterly payments); and
(3) require an annual accounting and reconciliation of the
actual costs incurred and the funds provided under the
agreement, which shall be reviewed by the Inspectors General of
the Social Security Administration and the Department of
Homeland Security.
(b) Continuation of Employment Verification in Absence of Timely
Agreement.--In any case in which the agreement required under
subsection (a) for any fiscal year beginning not later than two years
after the date of enactment of this Act, has not been reached as of
October 1 of such fiscal year, the latest agreement between the
Commissioner and the Secretary of Homeland Security providing for
funding to cover the costs of the responsibilities of the Commissioner
under section 274A(d) of the Immigration and Nationality Act (8 U.S.C.
1324a(d)) shall be deemed in effect on an interim basis for such fiscal
year until such time as an agreement required under subsection (a) is
subsequently reached, except that the terms of such interim agreement
shall be modified by the Director of the Office of Management and
Budget to adjust for inflation and any increase or decrease in the
volume of requests under the employment eligibility verification
system. In any case in which an interim agreement applies for any
fiscal year under this subsection, the Commissioner and the Secretary
shall, not later than October 1 of such fiscal year, notify the
Committee on Ways and Means, the Committee on the Judiciary, and the
Committee on Appropriations of the House of Representatives and the
Committee on Finance, the Committee on the Judiciary, and the Committee
on Appropriations of the Senate of the failure to reach the agreement
required under subsection (a) for such fiscal year. Until such time as
the agreement required under subsection (a) has been reached for such
fiscal year, the Commissioner and the Secretary shall, not later than
the end of each 90-day period after October 1 of such fiscal year,
notify such Committees of the status of negotiations between the
Commissioner and the Secretary in order to reach such an agreement.
SEC. 1411. FRAUD PREVENTION.
(a) Blocking Misused Social Security Account Numbers.--The
Secretary of Homeland Security, in consultation with the Commissioner
of Social Security, shall establish a program in which social security
account numbers that have been identified to be subject to unusual
multiple use in the employment eligibility verification system
established under section 274A(d) of the Immigration and Nationality
Act (8 U.S.C. 1324a(d)), as amended by section 1403 of this Act, or
that are otherwise suspected or determined to have been compromised by
identity fraud or other misuse, shall be blocked from use for such
system purposes unless the individual using such number is able to
establish, through secure and fair additional security procedures, that
the individual is the legitimate holder of the number.
(b) Allowing Suspension of Use of Certain Social Security Account
Numbers.--The Secretary of Homeland Security, in consultation with the
Commissioner of Social Security, shall establish a program which shall
provide a reliable, secure method by which victims of identity fraud
and other individuals may suspend or limit the use of their social
security account number or other identifying information for purposes
of the employment eligibility verification system established under
section 274A(d) of the Immigration and Nationality Act (8 U.S.C.
1324a(d)), as amended by section 1403 of this Act. The Secretary may
implement the program on a limited pilot program basis before making it
fully available to all individuals.
(c) Allowing Parents To Prevent Theft of Their Child's Identity.--
The Secretary of Homeland Security, in consultation with the
Commissioner of Social Security, shall establish a program which shall
provide a reliable, secure method by which parents or legal guardians
may suspend or limit the use of the social security account number or
other identifying information of a minor under their care for the
purposes of the employment eligibility verification system established
under 274A(d) of the Immigration and Nationality Act (8 U.S.C.
1324a(d)), as amended by section 1403 of this Act. The Secretary may
implement the program on a limited pilot program basis before making it
fully available to all individuals.
SEC. 1412. USE OF EMPLOYMENT ELIGIBILITY VERIFICATION PHOTO TOOL.
An employer who uses the photo matching tool used as part of the E-
Verify System shall match the photo tool photograph to both the
photograph on the identity or employment eligibility document provided
by the employee and to the face of the employee submitting the document
for employment verification purposes.
SEC. 1413. IDENTITY AUTHENTICATION EMPLOYMENT ELIGIBILITY VERIFICATION
PILOT PROGRAMS.
Not later than 24 months after the date of the enactment of this
Act, the Secretary of Homeland Security, after consultation with the
Commissioner of Social Security and the Director of the National
Institute of Standards and Technology, shall establish by regulation
not less than 2 Identity Authentication Employment Eligibility
Verification pilot programs, each using a separate and distinct
technology (the ``Authentication Pilots''). The purpose of the
Authentication Pilots shall be to provide for identity authentication
and employment eligibility verification with respect to enrolled new
employees which shall be available to any employer that elects to
participate in either of the Authentication Pilots. Any participating
employer may cancel the employer's participation in the Authentication
Pilot after one year after electing to participate without prejudice to
future participation. The Secretary shall report to the Committee on
the Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate the Secretary's findings on the Authentication
Pilots, including the authentication technologies chosen, not later
than 12 months after commencement of the Authentication Pilots.
SEC. 1414. INSPECTOR GENERAL AUDITS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Inspector General of the Social Security
Administration shall complete audits of the following categories in
order to uncover evidence of individuals who are not authorized to work
in the United States:
(1) Workers who dispute wages reported on their social
security account number when they believe someone else has used
such number and name to report wages.
(2) Children's social security account numbers used for
work purposes.
(3) Employers whose workers present significant numbers of
mismatched social security account numbers or names for wage
reporting.
(b) Submission.--The Inspector General of the Social Security
Administration shall submit the audits completed under subsection (a)
to the Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate for review of the evidence of
individuals who are not authorized to work in the United States. The
Chairmen of those Committees shall then determine information to be
shared with the Secretary of Homeland Security so that such Secretary
can investigate the unauthorized employment demonstrated by such
evidence.
TITLE V--ASYLUM REFORM
SEC. 1501. HUMANITARIAN CAMPUSES.
Subtitle C of title IV of the Homeland Security Act of 2002 (6
U.S.C. 231 et seq.) is amended by adding at the end the following:
``SEC. 437. HUMANITARIAN CAMPUSES.
``(a) In General.--Not later than 12 months after the effective
date of this section, the Secretary shall establish not fewer than 3
humanitarian campuses located in high traffic sectors of U.S. Border
Patrol, as determined by the Secretary, along the southern border land
border of the United States (referred to in this section as a
`humanitarian campus').
``(b) Purpose.--
``(1) Processing and management.--The humanitarian campuses
shall carry out processing and management activities for asylum
seekers apprehended at the border, including--
``(A) criminal history checks;
``(B) identity verification;
``(C) biometrics collection and analysis;
``(D) medical screenings;
``(E) asylum interviews and credible fear
determinations under section 235 of the Immigration and
Nationality Act (8 U.S.C. 1225) and reasonable fear
determinations under section 241(b)(3)(B) of that Act
(8 U.S.C. 1231(b)(3)(B));
``(F) facilitating coordination and communication
between Federal entities and nongovernmental
organizations that are directly involved in providing
assistance to aliens;
``(G) legal orientation programming and
communication between aliens and outside legal counsel;
``(H) issuance of legal documents relating to
immigration court proceedings of aliens; and
``(I) any other activity the Secretary considers
appropriate.
``(2) Consideration of eligibility for additional forms of
relief.--In conducting asylum interviews and credible fear
determinations under section 235 of the Immigration and
Nationality Act (8 U.S.C. 1225) and reasonable fear
determinations under section 241(b)(3)(B) of that Act (8 U.S.C.
1231(b)(3)(B)), the officer shall consider, in addition to
whether the alien has a credible fear of persecution, whether
the alien may be prima facie eligible for any other form of
relief from removal, including--
``(A) withholding of removal under section
241(b)(3) or any cause or claim under the United
Nations Convention Against Torture and Other Forms of
Cruel, Inhuman, or Degrading Treatment or Punishment;
``(B) status under subparagraph (T) or (U) of
section 101(a)(15);
``(C) special immigrant juvenile status;
``(D) family reunification pursuant to an approved
I-130 petition; and
``(E) any other basis for relief from removal under
the immigration laws.
``(c) Personnel and Living Conditions.--The humanitarian campuses
shall include--
``(1) personnel assigned from--
``(A) U.S. Customs and Border Protection;
``(B) U.S. Immigration and Customs Enforcement;
``(C) the Federal Emergency Management Agency;
``(D) U.S. Citizenship and Immigration Services;
and
``(E) the Office of Refugee Resettlement;
``(2) upon agreement with an applicable Federal agency,
personnel from such Federal agency who are assigned to the
humanitarian campus;
``(3) sufficient medical staff, including physicians
specializing in pediatric or family medicine, nurse
practitioners, and physician assistants;
``(4) licensed social workers;
``(5) mental health professionals;
``(6) child advocates appointed by the Secretary of Health
and Human Services under section 235(c)(6)(B) of the William
Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008 (8 U.S.C. 1232(c)(6)(B));
``(7) sufficient space to carry out the processing,
management, and legal orientation activities described in
subsection (b);
``(8) sufficient consumables, including toothbrushes,
toothpaste, feminine hygiene products, other personal hygiene
supplies, clothing, and baby products;
``(9) sufficient recreational space for children and
families;
``(10) access to legal resources, including law books, that
would permit an individual without legal counsel to prepare for
an asylum hearing; and
``(11) sufficient visitation space for non-legal visits, as
well as access to secure and confidential telephone and video
teleconferencing facilities, for which they may not be charged
a price higher than cost to operate.
``(d) Criminal History Checks.--Each criminal history check carried
out under subsection (b)(1) shall be conducted using a set of
fingerprints or other biometric identifier obtained from--
``(1) the Federal Bureau of Investigation;
``(2) the criminal history repositories of all States that
the individual listed as a current or former residence; and
``(3) any other appropriate Federal or State database
resource or repository, as determined by the Secretary.
``(e) Exceptions for Additional Purposes.--Subject to operational
and spatial availability, in the event of a major disaster or emergency
declared under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) or any homeland security crisis
requiring the establishment of a departmental Joint Task Force under
section 708(b), the Secretary may temporarily utilize a humanitarian
campus to carry out operations relating to such declaration or crisis.
``(f) Donations.--The Department may accept donations from private
entities, nongovernmental organizations, and other groups independent
of the Federal Government for the care of children and family units at
a humanitarian campus, including--
``(1) medical goods and services;
``(2) school supplies;
``(3) toys;
``(4) clothing; and
``(5) any other item intended to promote the well-being of
such children and family units.
``(g) Access to Facilities for Private Entities and Nongovernmental
Organizations.--
``(1) In general.--Private entities and nongovernmental
organizations that are directly involved in providing
humanitarian or legal assistance to families and individuals
encountered by the Department along the southwest border of the
United States, or organizations that provide assistance to
individuals, shall have access to humanitarian campuses for
purposes of--
``(A) legal orientation programming;
``(B) providing case management services or
establishing case management services;
``(C) coordination with the Department with respect
to the care of families and individuals held in
humanitarian campuses, including the care of families
and individuals who are released or scheduled to be
released;
``(D) communication between aliens and outside
legal counsel;
``(E) the provision of humanitarian assistance; and
``(F) any other purpose the Secretary considers
appropriate.
``(2) Access plan.--Not later than 60 days after the date
of the enactment of this section, the Secretary shall publish
in the Federal Register procedures relating to access to
humanitarian campuses under paragraph (1) that ensure--
``(A) the safety of personnel of, and aliens in,
humanitarian campuses; and
``(B) the orderly management and operation of
humanitarian campuses.
``(h) Legal Counsel.--Aliens in a humanitarian campus shall have
access to legal counsel in accordance with section 292 of the
Immigration and Nationality Act (8 U.S.C. 1362), including the
opportunity to consult with counsel before any legally determinative
aspect of the asylum process occurs.
``(i) Procedures To Facilitate Communication With Counsel.--The
Secretary shall develop written procedures to permit aliens in a
humanitarian campus to visit with, and make free confidential telephone
calls to, legal representatives and legal services providers and to
receive incoming calls from legal representatives and legal services
providers, in a private and confidential space while in custody, for
the purposes of retaining or consulting with counsel or obtaining legal
advice from legal services providers.
``(j) Legal Orientation.--An alien in a humanitarian campus shall
be provided the opportunity to receive a complete legal orientation
presentation administered by a nongovernmental organization in
cooperation with the Executive Office for Immigration Review.
``(k) Management of Humanitarian Campuses.--
``(1) Operation.--The Commissioner of U.S. Customs and
Border Protection, in consultation with the interagency
coordinating council established under paragraph (2), shall
operate the humanitarian campuses.
``(2) Interagency coordinating committee.--
``(A) Establishment.--There is established an
interagency coordinating committee for the purpose of
coordinating operations and management of the
humanitarian campuses.
``(B) Membership.--The interagency coordinating
committee shall be chaired by the Commissioner of U.S.
Customs and Border Protection, or his or her designee,
and shall include representatives designated by the
heads of the following agencies:
``(i) U.S. Immigration and Customs
Enforcement.
``(ii) The Federal Emergency Management
Agency.
``(iii) U.S. Citizenship and Immigration
Services.
``(iv) The Office of Refugee Resettlement.
``(v) Any other agency that supplies
personnel to the humanitarian campuses, upon
agreement between the Commissioner of U.S.
Customs and Border Protection and the head of
such other agency.
``(C) Oversight.--The Department of Homeland
Security Office of Inspector General shall--
``(i) conduct unannounced inspections of
the humanitarian campuses at least twice per
year; and
``(ii) on an annual basis, prepare and
submit a report detailing compliance with
subsection (g) that shall be posted on a public
website.
``(l) Screening Timeline.--Absent exceptional circumstances, aliens
shall undergo a complete full screening under this section not later
than 15 days after being processed at the campus, including screening
for gang, cartel, or criminal affiliation, legal orientation, and
initial credible fear interview.''.
SEC. 1502. EXPEDITED ASYLUM DETERMINATIONS.
(a) In General.--Title II of the Immigration and Nationality Act (8
U.S.C. 1151 et seq.) is amended by inserting after section 208 the
following:
``SEC. 208A. PROCEDURES FOR EXPEDITED ASYLUM DETERMINATIONS.
``(a) In General.--In the case of any alien who enters the United
States without lawful status after the date of enactment of this Act,
the procedures described in this section shall apply.
``(b) Arrival Rest Period.--On arrival to a humanitarian campus an
alien shall be provided a mandatory rest period for 72 hours after
initial processing of the alien occurs.
``(c) Initial Screening.--The Secretary of Homeland Security shall
ensure that an alien who is subject to this section shall undergo an
initial screening within 15 days after arrival at a humanitarian
campus, including ensuring that each asylum seeker is able to make
contact with legal counsel within the first week of arrival, prior to
sitting for a credible fear interview.
``(d) Secondary Screening.--In the case of aliens who successfully
pass a credible fear interview, an asylum officer may triage cases and
make final decisions on asylum cases within 45 days after an initial
screening is completed under subsection (c). A secondary screening
shall consist of the following:
``(1) In general.--
``(A) A positive credible fear interview shall be
treated as an application for asylum, withholding of
removal, and protection under the Convention Against
Torture.
``(B) A positive reasonable fear interview shall be
treated as an application for withholding of removal or
protection under the Convention against Torture,
whichever is relevant to the asylum officer's basis for
finding a reasonable fear.
``(2) Purpose of secondary screening.--A two-person asylum
officer panel conducting a secondary screening shall--
``(A) deny or approve the application for asylum;
and
``(B) refer complex or uncertain asylum,
withholding of removal, Convention Against Torture, or
other cases in which an alien has been determined to be
prima facie eligible for other forms of relief pursuant
to section 437(b)(2) of this Act, to an immigration
judge for a hearing under section 1229a of title 8,
United States Code.
``(3) Secondary screening process.--
``(A) Conduct by asylum officers.--A secondary
screening shall be conducted by a panel of two asylum
officers at a humanitarian campus.
``(B) Secondary screening decision procedure.--
After conducting a secondary screening, the asylum
officers shall each independently vote to approve the
application, refer the application to an immigration
judge as complex or uncertain, or deny the application.
``(i) If both asylum officers vote to
approve the application, it shall be approved.
``(ii) If both asylum officers vote to deny
the application, it shall be denied.
``(iii) If there is disagreement, or both
asylum officers vote to refer the application
to an immigration judge, the application shall
be referred to an immigration judge for a
hearing under section 1229a of title 8, United
States Code.
``(C) Record of secondary screening.--The officers
shall prepare a written record of a secondary screening
under subparagraph (B). Such record shall include a
summary of the material facts, as stated by the
applicant, such additional facts (if any) relied upon
by the officers, and each officer's analysis of why the
alien has or has not established eligibility for
asylum. A copy of each officer's screening notes shall
be attached to the written summary.
``(D) Alien's rights in secondary screening.--In
secondary screenings under this subsection, under
regulations of the Secretary of Homeland Security--
``(i) the alien shall have the privilege of
being represented, at no expense to the Federal
Government, by counsel of the alien's choosing;
and
``(ii) the alien shall have a reasonable
opportunity to examine the evidence against the
alien and to present evidence on the alien's
own behalf.
``(4) Expedited appeal.--Any application for asylum of an
alien that is denied under paragraph (3) shall be subject to
expedited review upon request of the alien, not later than 7
days after such denial, by a two-asylum officer panel
consisting of asylum officers other than the asylum officers
who denied such application.
``(A) Secondary screening expedited appeal
procedure.--After reviewing the record of the secondary
screening and any additional submission by the alien or
the alien's representative, the asylum officers shall
each independently vote whether to uphold the appeal or
deny the appeal. If both asylum officers vote to uphold
the appeal, the alien's application shall be approved.
If both asylum officers vote to deny the application,
the appeal shall be denied. If there is disagreement,
the application shall be referred to an immigration
judge for a hearing under section 1229a of title 8,
United States Code.
``(B) Alien's rights in appeal procedure.--In any
expedited appeal, the alien shall--
``(i) have the privilege of being
represented, at no expense to the Federal
Government, by counsel of the alien's choosing;
and
``(ii) have a reasonable opportunity to
submit evidence and make arguments as to why
the decision made under paragraph (3) was
incorrect.
``(5) Limited reviewability.--Any decision to deny or
approve an application under this section may not be subject to
judicial review, except as provided in paragraphs (4) and (5).
``(6) Additional review.--In any circumstance in which new
evidence or law related to the applicant arises during
consideration, or a fundamental change in country conditions
arises during consideration, an additional review may be
conducted by an asylum officer within 7 days after such new
evidence or law arises, or country conditions change.
``(7) Vulnerable populations.--
``(A) In general.--An alien that is a member of a
vulnerable population may request additional review.
``(B) Description.--A member of a vulnerable
population includes any individual who is--
``(i) a pregnant woman or a nursing mother;
``(ii) a woman at disproportionate risk of
sexual or gender-based violence, exploitation,
or abuse;
``(iii) a person at risk of violence due to
their sexual orientation;
``(iv) a person with a disability;
``(v) an elderly person;
``(vi) a person with urgent medical needs;
``(vii) a stateless person; and
``(viii) a person holding a valid
humanitarian visa.
``(8) Additional review determinations.--An additional
review conducted with respect to an alien meeting the
requirements of paragraph (3) or (4) may uphold the previous
determination or be referred to an immigration judge for a
final decision.
``(9) Effect of denial.--Any alien who is denied asylum
status under this subsection shall be subject to expedited
removal under section 235.
``(e) Immigration Judge Referral.--If referred to an immigration
judge, the following shall apply:
``(1) Court referral and case management.--In the case that
an asylum officer refers a case to an immigration judge after a
secondary or additional review, each alien subject to such
referral shall receive a Notice to Appear and be permitted to
leave the humanitarian campus. Each such alien shall be placed
in a case management program.
``(2) Monitoring.--Each alien in case management shall
check in regularly with case officers and be consistently
monitored in a manner which ensures the Department of Homeland
Security's ability to electronically verify each person's
location.
``(3) Adult confirmation of location.--Any alien placed in
case management who is an adult, parent, or legal guardian
shall check in on a weekly basis using automated telephone
technology that confirms the caller's identity and location.
``(4) Failure to comply.--Absent extraordinary
circumstances, any alien who fails to comply with the case
management requirements under this subsection shall be denied
asylum and subject to expedited removal under section 235.
``(f) Humanitarian Campus.--In this section, the term `humanitarian
campus' means the campus described in section 472 of the Homeland
Security Act of 2002.''.
(b) Effective Date.--The amendment made by this section shall take
effect as soon as practicable, but not later than 1 year after the date
of enactment of this Act.
SEC. 1503. SCREENING AND PROCESSING IN WESTERN HEMISPHERE.
(a) In General.--There may be established up to 3 facilities in the
Western hemisphere that shall offer asylum prescreening and family
reunification services.
(b) Locations.--If facilities are established under subsection (a),
they shall be in geographically diverse locations such as--
(1) in South America, south of the Darien Province in
Panama;
(2) in Central America; or
(3) in a country that participates in the Caribbean Basin
Security Initiative.
(c) Services Offered.--The facilities established under this
section shall offer the following:
(1) Pre-screening for asylum eligibility.--Asylum officers
shall offer asylum pre-screenings, which may be conducted
virtually.
(2) Family re-unification.--The Secretary of Homeland
Security shall develop an external family reunification process
for unmarried sons and daughters under the age of 21 seeking to
be reunited with any parent with legal status in the United
States.
(3) Employment consultation and applications.--The
Secretary of Homeland Security shall ensure that consultations
are provided to aliens seeking to apply for legal work visas
and assess other legal pathways to citizenship.
(4) Regional economic opportunities.--The Secretary of
Homeland Security, in conjunction with the Secretary of State,
shall ensure individuals are provided with regional economic
opportunities in areas in close proximity to the facilities
established under this section.
(d) Dominican Republic Family Reunification.--Not later than 30
days after the date of the enactment of this Act, the Secretary of
Homeland Security, in coordination with the Secretary of State, shall--
(1) initiate a Dominican Republic Family Reunification
Program to process applications for parole for certain vetted
individuals with already approved form I-130 petition for alien
relative to be considered upon invitation, for parole, on a
case by case basis, while they wait for their immigration visa;
and
(2) prioritize applications described in paragraph (1) in
the order in which they were received by the United States
Citizenship and Immigration Services before the date of the
enactment of this Act.
(e) Application of the Cuban Adjustment Act.--In applying the Cuban
Adjustment Act (Public Law 89-732; 8 U.S.C. 1255 note), an alien who
was released into the United States under an order of release on
recognizance by U.S. Immigration and Customs Enforcement on or before
January 31, 2023, shall be considered to have been paroled into the
United States.
SEC. 1504. RECORDING EXPEDITED REMOVAL AND CREDIBLE FEAR INTERVIEWS.
(a) In General.--The Secretary of Homeland Security shall establish
quality assurance procedures and take steps to effectively ensure that
questions by employees of the Department of Homeland Security
exercising expedited removal authority under section 235(b) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)) are asked in a
uniform manner, to the extent possible, and that both these questions
and the answers provided in response to them are recorded in a uniform
fashion.
(b) Factors Relating to Sworn Statements.--Where practicable, any
sworn or signed written statement taken of an alien as part of the
record of a proceeding under section 235(b)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a
recording of the interview which served as the basis for that sworn
statement.
(c) Interpreters.--The Secretary shall ensure that a fluent
interpreter, not affiliated with the government of the country from
which the alien may claim asylum, is used when the interviewing officer
does not speak a language that the alien is fluent in speaking.
(d) Recordings in Immigration Proceedings.--There shall be an audio
or audio visual recording of interviews of aliens subject to expedited
removal. The recording shall be included in the record of proceeding
and shall be considered as evidence in any further proceedings
involving the alien.
SEC. 1505. RENUNCIATION OF ASYLUM STATUS PURSUANT TO RETURN TO HOME
COUNTRY.
(a) In General.--Section 208(c) of the Immigration and Nationality
Act (8 U.S.C. 1158(c)) is amended by adding at the end the following
new paragraph:
``(4) Renunciation of status pursuant to return to home
country.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), any alien who is granted
asylum status under this Act, who, within 5 years after
being granted such status, absent changed country
conditions, subsequently returns to the country of such
alien's nationality or, in the case of an alien having
no nationality, returns to any country in which such
alien last habitually resided, and who applied for such
status because of persecution or a well-founded fear of
persecution in that country on account of race,
religion, nationality, membership in a particular
social group, or political opinion, shall have his or
her status terminated.
``(B) Waiver.--The Secretary has discretion to
waive subparagraph (A) if it is established to the
satisfaction of the Secretary that the alien had a
compelling reason for the return. The waiver may be
sought prior to departure from the United States or
upon return.
``(C) Lawful permanent residents.--Subparagraph (A)
shall not apply to lawful permanent residents.''.
(b) Conforming Amendment.--Section 208(c)(3) of the Immigration and
Nationality Act (8 U.S.C. 1158(c)(3)) is amended by inserting after
``paragraph (2)'' the following: ``or (4)''.
SEC. 1506. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.
(a) In General.--Section 208(d)(4) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``the Secretary of Homeland Security or'' before ``the Attorney
General'';
(2) in subparagraph (A), by striking ``and of the
consequences, under paragraph (6), of knowingly filing a
frivolous application for asylum; and'' and inserting a
semicolon;
(3) in subparagraph (B), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(C) ensure that a written warning appears on the
asylum application advising the alien of the
consequences of filing a frivolous application and
serving as notice to the alien of the consequence of
filing a frivolous application.''.
(b) Conforming Amendment.--Section 208(d)(6) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(6)) is amended by striking ``If the''
and all that follows and inserting:
``(A) If the Attorney General determines that an
alien has knowingly made a frivolous application for
asylum and the alien has received the notice under
paragraph (4)(C), the alien shall be permanently
ineligible for any benefits under this chapter,
effective as the date of the final determination of
such an application.
``(B) An application is frivolous if the Secretary
of Homeland Security or the Attorney General
determines, consistent with subparagraph (C), that any
of the material elements are knowingly fabricated.
``(C) In determining that an application is
frivolous, the Secretary or the Attorney General, must
be satisfied that the applicant, during the course of
the proceedings, has had sufficient opportunity to
clarify any discrepancies or implausible aspects of the
claim.
``(D) For purposes of this section, a finding that
an alien filed a frivolous asylum application shall not
preclude the alien from seeking withholding of removal
under section 241(b)(3) or protection pursuant to the
Convention Against Torture.''.
SEC. 1507. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT.
(a) Asylum Credibility Determinations.--Section 208(b)(1)(B)(iii)
of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)(iii)) is
amended by inserting after ``all relevant factors'' the following: ``,
including statements made to, and investigative reports prepared by,
immigration authorities and other government officials''.
(b) Relief for Removal Credibility Determinations.--Section
240(c)(4)(C) of the Immigration and Nationality Act (8 U.S.C.
1229a(c)(4)(C)) is amended by inserting after ``all relevant factors''
the following: ``, including statements made to, and investigative
reports prepared by, immigration authorities and other government
officials''.
SEC. 1508. PENALTIES FOR ASYLUM FRAUD.
Section 1001 of title 18, United States Code, is amended by
inserting at the end of the paragraph--
``(d) Whoever, in any matter before the Secretary of Homeland
Security or the Attorney General pertaining to asylum under section 208
of the Immigration and Nationality Act or withholding of removal under
section 241(b)(3) of such Act, knowingly and willfully--
``(1) makes any materially false, fictitious, or fraudulent
statement or representation; or
``(2) makes or uses any false writings or document knowing
the same to contain any materially false, fictitious, or
fraudulent statement or entry,
shall be fined under this title or imprisoned not more than 10 years,
or both.''.
SEC. 1509. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD.
Section 3291 of title 18, United States Code, is amended--
(1) by striking ``1544,'' and inserting ``1544, and section
1546,''; and
(2) by striking ``offense.'' and inserting ``offense or
within 10 years after the fraud is discovered.''.
SEC. 1510. STANDARD OPERATING PROCEDURES; FACILITIES STANDARDS.
(a) Standard Operating Procedures.--Section 411(k)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 211(k)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E)(iv), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(F) standard operating procedures regarding the
detection, interdiction, inspection, processing, or
transferring of alien children that officers and agents
of U.S. Customs and Border Protection shall employ in
the execution of their duties.''.
(b) Facilities Standards.--
(1) Initial review and update.--Not later than 270 days
after the date of the enactment of this Act, the Secretary
shall review and update the regulations under part 115 of title
6, Code of Federal Regulations, that set standards to prevent,
detect, and respond to sexual abuse and assault in immigration
holding facilities and other facilities under the jurisdiction
of the Department of Homeland Security.
(2) Quadrennial review.--The Secretary shall review and
update the regulations referred to in paragraph (1) not less
frequently than once every 4 years.
(c) Oversight.--The Department of Homeland Security may not prevent
any of the following persons from entering, for the purpose of
conducting oversight, any migration holding facility operated by or for
the Department of Homeland Security used to house aliens or asylum
seekers, or to make any temporary modification at any such facility
that in any way alters what is observed by a visiting Member of
Congress or such designated employee, compared to what would be
observed in the absence of such modification:
(1) A Member of Congress.
(2) An employee of the United States House of
Representatives or the United States Senate designated by such
a Member for the purposes of this section.
(d) Visitation.--Nothing in this section may be construed to
require a Member of Congress to provide prior notice of the intent to
enter a facility described in subsection (m) for the purpose of
conducting oversight.
(e) Prior Notice.--With respect to individuals described in
subsection (c)(2), the Department of Homeland Security may require that
a request be made at least 24 hours in advance of an intent to enter a
facility described in subsection (c).
(f) Online Locator Updates.--U.S. Immigrations and Customs
Enforcement shall update the Online Detainee Locator System not later
than every 24 hours.
(g) Family Notification.--
(1) Upon taking an individual into custody, U.S.
Immigration and Customs Enforcement shall notify an immediate
family member, relative, or individual designated by the
detainee and provide the location of the facility where the
detainee is currently held, as well as provide notification if
the individual will be transferred to a facility, whether in
the same State or in a different State.
(2) An individual detained in U.S. Immigration and Customs
Enforcement custody shall be provided the opportunity to call
an immediate family member, relative, or individual designated
by the detainee prior to being transferred to a different
facility, and upon arrival at a facility, whether in the same
State or in a different State.
SEC. 1511. CRIMINAL BACKGROUND CHECKS FOR SPONSORS OF UNACCOMPANIED
ALIEN CHILDREN.
(a) In General.--Section 235(c)(3) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(c)(3)) is amended--
(1) in subparagraph (A), in the first sentence, by striking
``subparagraph (B)'' and inserting ``subparagraphs (B) and
(C)'';
(2) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(3) by inserting after subparagraph (A) the following:
``(B) Criminal background checks.--
``(i) In general.--Before placing an
unaccompanied alien child with an individual,
the Secretary of Health and Human Services
shall--
``(I) conduct a criminal history
background check on the individual and
each adult member of the individual's
household; and
``(II) collect biometric samples in
connection with any such background
check.
``(ii) Scope.--
``(I) In general.--Each biometric
criminal history background check
required under clause (i) shall be
conducted through--
``(aa) the Federal Bureau
of Investigation;
``(bb) criminal history
repositories of each State the
individual lists as a current
or former residence; and
``(cc) any other Federal or
State database or repository
the Secretary of Health and
Human Services considers
appropriate.
``(II) Use of rapid dna
instruments.--DNA analysis of a DNA
sample collected under subclause (I)
may be carried out with Rapid DNA
instruments (as defined in section 3(c)
of the DNA Analysis Backlog Elimination
Act of 2000 (34 U.S.C. 40702(c))).
``(III) Limitation on use of
biometric samples.--The Secretary of
Health and Human Services may not
release a fingerprint or DNA sample
collected, or disclose the results of a
fingerprint or DNA analysis conducted
under this subparagraph, or any other
information obtained pursuant to this
section, to the Department of Homeland
Security for any immigration
enforcement purpose.
``(IV) Access to information
through the department of homeland
security.--Not later than 14 days after
receiving a request from the Secretary
of Health and Human Services, the
Secretary of Homeland Security shall
provide information necessary to
conduct suitability assessments from
appropriate Federal, State, and local
law enforcement and immigration
databases.
``(iii) Prohibition on placement with
individuals convicted of certain offenses.--The
Secretary of Health and Human Services may not
place an unaccompanied alien child in the
custody or household of an individual who has
been convicted of, or is currently being tried
for--
``(I) a sex offense (as defined in
section 111 of the Sex Offender
Registration and Notification Act (34
U.S.C. 20911));
``(II) a crime involving severe
forms of trafficking in persons (as
defined in section 103 of the
Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102));
``(III) a crime of domestic
violence (as defined in section
40002(a) of the Violence Against Women
Act (34 U.S.C. 12291(a)));
``(IV) a crime of child abuse and
neglect (as defined in section 3 of the
Child Abuse Prevention and Treatment
Act (Public Law 93-247; 42 U.S.C. 5101
note));
``(V) murder, manslaughter, or an
attempt to commit murder or
manslaughter (within the meanings of
such terms in sections 1111, 1112, and
1113 of title 18, United States Code);
or
``(VI) a crime involving receipt,
distribution, or possession of a visual
depiction of a minor engaging in
sexually explicit conduct (within the
meanings of such terms in section 2252
of title 18, United States Code).'';
and
(4) by adding at the end the following:
``(E) Well-being follow-up calls.--Not later than
30 days after the date on which an unaccompanied alien
child is released from the custody of the Secretary of
Health and Human Services, and every 60 days thereafter
until the date on which a final decision has been
issued in the removal proceedings of the child or such
proceedings are terminated, or the unaccompanied alien
child turns 18 years of age, the Secretary shall
conduct a follow-up telephone call with the
unaccompanied alien child and the child's custodian or
the primary point of contact for any other entity with
which the child was placed.
``(F) Change of address.--The Secretary of Health
and Human Services shall--
``(i) require each custodian with whom an
unaccompanied alien child is placed under this
subsection to notify the Secretary with respect
to any change in the unaccompanied alien
child's physical or mailing address, including
any situation in which the unaccompanied alien
child permanently departs the custodian's
residence, not later than 7 days after the date
on which such change or departure occurs; and
``(ii) develop and implement a system that
permits custodians to submit notifications
electronically with respect to a change of
address.''.
(b) Collection and Compilation of Statistical Information.--Section
462(b)(1)(K) of the Homeland Security Act of 2002 (6 U.S.C.
279(b)(1)(K)) is amended by striking ``; and'' and inserting ``,
including--
``(i) the average length of time from
apprehension to the child's master calendar
hearing, organized by the fiscal year in which
the children were apprehended by U.S. Customs
and Border Protection;
``(ii) the number of children identified
under clause (i) who did and did not appear at
master calendar hearings, including the
percentage of children in each category who
were represented by counsel;
``(iii) the average length of time from
apprehension to the child's merits hearing,
organized by the fiscal year in which the
children were apprehended by U.S. Customs and
Border Protection;
``(iv) the number of children identified
under clause (i) who did and did not appear at
merits hearings, including the percentage of
children in each category who are represented
by counsel; and
``(v) the total number of well-being
follow-up calls conducted under section 235 of
the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8
U.S.C. 1232(c)(3)(E)) at each time interval
following placement with a custodian or other
entity, and the number of children that the
Secretary of Health and Human Services is
unable to contact at each interval, organized
by the fiscal year in which the children were
apprehended by U.S. Customs and Border
Protection; and''.
(c) Clarification.--Unaccompanied alien children shall be processed
and reunited with their sponsors in the United States in accordance
with guidance outlined in the stipulated settlement agreement filed in
the United States District Court for the Central District of California
on January 17, 1997 (CV 85-4544-RJK) (commonly known as the ``Flores
settlement agreement'').
SEC. 1512. FRAUD IN CONNECTION WITH THE TRANSFER OF CUSTODY OF
UNACCOMPANIED ALIEN CHILDREN.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1041. Fraud in connection with the transfer of custody of
unaccompanied alien children
``(a) In General.--It shall be unlawful for a person to obtain
custody of an unaccompanied alien child (as defined in section 462(g)
of the Homeland Security Act of 2002 (6 U.S.C. 279(g)))--
``(1) by making any materially false, fictitious, or
fraudulent statement or representation; or
``(2) by making or using any false writing or document with
the knowledge that such writing or document contains any
materially false, fictitious, or fraudulent statement or entry.
``(b) Penalties.--
``(1) In general.--Any person who violates, or attempts or
conspires to violate, subsection (a) shall be fined under this
title and imprisoned for not less than 1 year.
``(2) Enhanced penalty for trafficking.--If the primary
purpose of a violation, attempted violation, or conspiracy to
violate this section was to subject the child to sexually
explicit activity or any other form of exploitation, the
offender shall be fined under this title and imprisoned for not
less than 15 years.''.
(b) Clerical Amendment.--The chapter analysis for chapter 47 of
title 18, United States Code, is amended by adding at the end the
following:
``1041. Fraud in connection with the transfer of custody of
unaccompanied alien children.''.
SEC. 1513. HIRING AUTHORITY.
The Director of U.S. Citizenship and Immigration Services shall
hire, train, and assign not fewer than 300 asylum officers to assist in
expedited asylum determinations at humanitarian campuses established
under section 1501.
SEC. 1514. HUMANITARIAN STATUS.
Section 101(a)(15)(U) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(U)) is amended--
(1) in subparagraph (U)(iii), by striking ``or'' at the
end;
(2) in subparagraph (V)(ii)(II), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(W) an alien who is prima facie eligible for
asylum based on overwhelming evidence during an asylum
prescreening at a facility in the Western hemisphere,
except that the number of aliens admitted under this
status, or otherwise provided such status, may not
exceed the number of refugees authorized to enter
during a fiscal year.''.
SEC. 1515. TWO STRIKE POLICY.
(a) In General.--Section 208 of the Immigration and Nationality Act
is amended by adding at the end the following:
``(f) Entry at an Unauthorized Location.--
``(1) Logging unlawful entry.--Any alien who fails to enter
the United States at a designated port of entry shall be logged
by an agent biometrically and informed by such agent that
applications for asylum may only be made at a designated port
of entry.
``(2) Subsequent entry.--Any alien who fails to enter the
United States at a designated port of entry after being logged
under paragraph (1) shall be subject to the expedited removal
process under section 235.''.
(b) Effective Date.--The amendments made by this section shall take
effect 30 days after the date of enactment of this Act.
SEC. 1516. LOAN FORGIVENESS FOR LEGAL SERVICE PROVIDERS AT HUMANITARIAN
CAMPUSES.
Subtitle C of title IV of the Homeland Security Act of 2002 (6
U.S.C. 231 et seq.), as amended by section 1501 of this Act, is amended
by adding at the end the following:
``SEC. 438. LOAN FORGIVENESS FOR LEGAL SERVICE PROVIDERS AT
HUMANITARIAN CAMPUSES.
``(a) Program Authorized.--
``(1) Loan forgiveness authorized.--The Secretary, in
coordination with the Secretary of Education, shall forgive, in
accordance with this section, the qualified loan amount
described in subsection (b) of the eligible student loan
obligation of a borrower who--
``(A) has attended an accredited law school at an
institution of higher education (as defined in section
102 of the Higher Education Act of 1965) and obtained a
Juris Doctor degree;
``(B) has completed not less than four years of
full-time employment as an attorney providing legal
services at a humanitarian campus established under
section 437(a); and
``(C) is not in default on a loan for which the
borrower seeks forgiveness.
``(2) Method of loan forgiveness.--To provide loan
forgiveness under paragraph (1), the Secretary, in coordination
with the Secretary of Education, is authorized to carry out a
program--
``(A) through the holder of the loan, to assume the
obligation to repay a qualified loan amount for a loan
made, insured, or guaranteed under part B of the Higher
Education Act of 1965 (other than an excepted PLUS loan
or an excepted consolidation loan (as such terms are
defined in section 493C(a) of such Act of 1965)); and
``(B) to cancel a qualified loan amount for a loan
made under part D or E of such Act of 1965 (other than
an excepted PLUS loan or an excepted consolidation loan
(as such terms are defined in section 493C(a) of such
Act of 1965)).
``(3) Regulations.--The Secretary is authorized to issue
such regulations as may be necessary to carry out this section.
``(b) Qualified Loans Amount.--
``(1) Amount of forgiveness.--The Secretary shall forgive
75 percent of the eligible student loan obligation of a
borrower described in subsection (a)(1) that is outstanding
after the completion of the fourth year of employment described
in such paragraph.
``(2) Eligible student loan obligation.--The term `eligible
student loan obligation' has the meaning given the term
`student loan' in section 428L of the Higher Education Act of
1965, except that only the portion of such a student loan that
is attributable to the borrower's study of law and attainment
of a Juris Doctor degree (and not to undergraduate study or
other courses of study) shall be included when calculating the
outstanding eligible student loan obligation of a borrower for
purposes of paragraph (1).
``(c) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.''.
DIVISION B--DIGNITY AND AMERICAN DREAM
TITLE I--DREAM ACT
SEC. 2101. SHORT TITLE.
This title may be cited as the ``Dream Act''.
SEC. 2102. 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 2104(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 title.
(b) Requirements.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary or the Attorney General shall 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 2104(c)(2), an alien who is inadmissible or
deportable from the United States, is subject to a grant of
Deferred Enforced Departure, has temporary protected status
under section 244 of the Immigration and Nationality Act (8
U.S.C. 1254a), or is the son or daughter of an alien admitted
as a nonimmigrant under subparagraph (E)(i), (E)(ii),
(H)(i)(b), or (L) of section 101(a)(15) of such Act (8 U.S.C.
1101(a)(15)) if--
(A) the alien has been continuously physically
present in the United States since January 1, 2021;
(B) the alien was 18 years of age or younger 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 paragraph (2), 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 title 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) Waiver of grounds of inadmissibility.--With respect to
any benefit under this title, and in addition to the waivers
under subsection (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.
(3) Application fee.--
(A) In general.--The Secretary may 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 $1,140.
(B) Special procedures 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
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 2104(c)(2).
(4) Background checks.--The Secretary may not grant an
alien permanent resident status on a conditional basis under
this section until the requirements of section 2202 are
satisfied.
(5) 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 2104(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 title (whether on a conditional basis or without the
conditional basis as provided in section 2104(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) two 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 title; 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 title.
(3) Authority to conduct secondary review.--
(A) In general.--Notwithstanding an alien's
eligibility for adjustment of status under this title,
and subject to the procedures described in this
paragraph, the Secretary 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 2104(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 (D).
(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) Public safety determination.--For purposes of
subparagraph (B)(ii), the Secretary shall consider the
recency of the conviction or adjudication; the length
of any imposed sentence or placement; the nature and
seriousness of the conviction or adjudication,
including whether the elements of the offense include
the unlawful possession or use of a deadly weapon to
commit an offense or other conduct intended to cause
serious bodily injury; and any mitigating factors
pertaining to the alien's role in the commission of the
offense.
(D) 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, willfully, and voluntarily 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.
(E) Evidentiary limitation.--For purposes of
subparagraph (D), 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.
(F) Notice.--
(i) In general.--Prior to rendering a
discretionary decision under this paragraph,
the Secretary 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 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
shall, upon a motion filed by the alien, reopen
an application for adjustment of status under
this title and allow the applicant an
opportunity to respond, consistent with clause
(i)(II).
(G) Judicial review of a provisional denial.--
(i) In general.--Notwithstanding any other
provision of law, if, after notice and the
opportunity to respond under subparagraph (F),
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 an appropriate United
States district court.
(ii) 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.
(4) Definitions.--For purposes of this Act--
(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; and
(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.
(d) Limitation on Removal of Certain Alien Minors.--An alien who is
18 years of age or younger 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
subparagraph (D) of such subsection. The Attorney General or the
Secretary may not commence or continue with removal proceedings against
such an alien.
(e) Withdrawal of Application.--The Secretary 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 title or under the Immigration and Nationality Act
(8 U.S.C. 1101 et seq.).
SEC. 2103. 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 revocation 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 title and the
requirements to have the conditional basis of such status removed.
(c) Revocation of Status.--The Secretary may revoke 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 2102(b)(1)(C); and
(2) prior to the revocation, provides the alien--
(A) notice of the proposed revocation; and
(B) the opportunity for a hearing to provide
evidence that the alien meets such requirements or
otherwise to contest the proposed revocation.
(d) Return to Previous Immigration Status.--An alien whose
permanent resident status on a conditional basis expires under
subsection (a)(1) or is revoked under subsection (c), shall return to
the immigration status that the alien had immediately before receiving
permanent resident status on a conditional basis.
SEC. 2104. 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 title and grant the alien
status as an alien lawfully admitted for permanent residence if
the alien--
(A) is described in section 2102(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 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 3 years and, if discharged, received an honorable
discharge; or
(iii) demonstrates earned income for periods
totaling at least 4 years and at least 75 percent of
the time that the alien has had a valid employment
authorization.
(2) Hardship exception.--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--
(A) satisfies the requirements under subparagraphs
(A) and (B) of paragraph (1);
(B) demonstrates compelling circumstances for the
inability to satisfy the requirements under
subparagraph (C) of such paragraph; and
(C) 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 title 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 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 checks.--The Secretary may not remove the
conditional basis of an alien's permanent resident status until
the requirements of section 2202 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 title 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 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 2102(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
title.
(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 2102(b)(4)
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), but
shall not be required to pay the application fee under
section 2102(b)(3).
TITLE II--GENERAL PROVISIONS
SEC. 2201. DEFINITIONS.
(a) In General.--In this division:
(1) In general.--Except as otherwise specifically provided,
any term used in this division that is used in the immigration
laws shall have the meaning given such term in the immigration
laws.
(2) Appropriate united states district court.--The term
``appropriate United States district court'' means the United
States District Court for the District of Columbia or the
United States district court with jurisdiction over the alien's
principal place of residence.
(3) 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).
(4) 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.
(5) 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)).
(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.
(b) Treatment of Expunged Convictions.--For purposes of adjustment
of status under this division, the terms ``convicted'' and
``conviction'', as used in this division and in sections 212 and 244 of
the Immigration and Nationality Act (8 U.S.C. 1182, 1254a), do not
include a judgment that has been expunged or set aside, that resulted
in a rehabilitative disposition, or the equivalent.
SEC. 2202. 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 division, 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
division, 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. 2203. LIMITATION ON REMOVAL AND OTHER CONDITIONS ON ELIGIBLE
INDIVIDUALS.
(a) Limitation on Removal.--An alien who appears to be prima facie
eligible for relief under this division shall be given a reasonable
opportunity to apply for such relief and may not be removed until,
subject to section 2206(c)(2), 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 division. 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) Advance Parole.--During the period beginning on the date on
which an alien applies for adjustment of status under this division 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 Act.
(d) Employment.--An alien whose removal is stayed pursuant to this
division, who may not be placed in removal proceedings pursuant to this
division, or who has pending an application under this division, shall,
upon application to the Secretary, be granted an employment
authorization document.
SEC. 2204. 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 division (whether on a
conditional basis or without the conditional basis as provided in
section 2104(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 division 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 division 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--
(A) the serious illness of the alien;
(B) death or serious illness of a parent,
grandparent, sibling, or child of the alien;
(C) processing delays associated with the
application process for a visa or other travel
document; or
(D) restrictions on international travel due to the
public health emergency declared by the Secretary of
Health and Human Services under section 3119 of the
Public Health Service Act (42 U.S.C. 247d) with respect
to COVID-19.
(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 5 years prior to such removal or departure, the Secretary may, as
a matter of discretion, waive the physical presence requirement under
section 2102(b)(1)(A) or section 2302(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 2102 or 2302 from outside the United States if they would have
been eligible for relief under such section, but for their removal or
departure.
SEC. 2205. EXEMPTION FROM NUMERICAL LIMITATIONS.
Nothing in this division 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 division (whether on a conditional
basis, or without the conditional basis as provided in section
2104(c)(2)).
SEC. 2206. 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 division 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 division in an appropriate United
States district court.
(c) Stay of Removal.--
(1) In general.--Except as provided in paragraph (2), an
alien seeking administrative or judicial review under this
division 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 division. Such removal shall not affect the alien's right
to judicial review under this division. The Secretary shall
promptly return a removed alien if a decision to deny an
application for adjustment of status under this division, or to
revoke such status, is reversed.
SEC. 2207. DOCUMENTATION REQUIREMENTS.
(a) Documents Establishing Identity.--An alien's application for
permanent resident status under this division (whether on a conditional
basis, or without the conditional basis as provided in section
2104(c)(2)) may include, as evidence of identity, the following:
(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.
(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 18
years of age or younger on the date on which the alien entered the
United States, and has continuously resided in the United States since
such entry, as required under section 2102(b)(1)(B), that an alien has
been continuously physically present in the United States, as required
under section 2102(b)(1)(A), or that an alien has not abandoned
residence in the United States, as required under section
2104(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 2102(b)(1)(D)(iii), the
alien may submit to the Secretary the following:
(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.
(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 2102(b)(1)(D)(iv) or 2104(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 this
division, 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 18 years of age or younger.
(2) Documents to establish income.--To establish the
alien's income, the alien may provide--
(A) employment records or other records of earned
income, including records 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 two 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 is in foster care, lacks parental or familial support, or
has a serious, chronic disability, the alien may provide at
least two 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 2104(a)(2)(C), the alien may
submit to the Secretary at least two 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 2104(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 two 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 division (whether on a conditional basis, or without the
conditional basis as provided in section 2104(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. 2208. 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 division 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 division (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 division 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 division;
(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. 2209. PROVISIONS AFFECTING ELIGIBILITY FOR ADJUSTMENT OF STATUS.
An alien's eligibility to be lawfully admitted for permanent
residence under this division (whether on a conditional basis, or
without the conditional basis as provided in section 2104(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.
TITLE III--DIGNITY PROGRAM
SEC. 2301. ESTABLISHMENT.
(a) In General.--There is established a program, to be known as the
``Dignity Program'' under this subtitle, which shall provide for
deferred action on removal and the provision of employment and travel
authorization in the case of eligible applicants, in accordance with
the provisions of this subtitle.
(b) Abolition of 3- and 10-Year Bars.--For purposes of this
subtitle, section 212(a)(9) of the Immigration and Nationality Act
shall not apply for purposes of any person who applies and thereafter
participates in the Dignity Program.
(c) Dignity Program Identification.--The Secretary shall provide
proof of participation for individuals in the Dignity Program, in the
form of an identification document, that will provide deferred action
on removal and authorize employment and travel in accordance with
provisions in this title.
SEC. 2302. ELIGIBILITY.
The Secretary of Homeland Security shall approve an application to
participate in the Dignity Program from an eligible alien subject to
the following:
(1) Application.--The applicant shall submit such
information that the Secretary determines sufficient to prove
the following:
(A) That the alien has been continually physically
present in the United States since December 31, 2020.
(B) That the alien is not inadmissible under
section 212(a) of the Immigration and Nationality Act
(except that paragraph (9) shall not apply for purposes
of this section).
(C) That the alien has included a restitution
payment of at least $1,000, to be deposited in the H-1B
Nonimmigrant Petitioner Account, which shall be used to
support American workers for purposes described in
title V of division B of this Act.
(2) Submission of biometric and biographic data; background
checks.--
(A) Submission of biometric and biographic data.--
The Secretary may not approve such an application,
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
participation in the Dignity Program in accordance with
paragraph (3). The application for participation in the
Dignity Program may not be approved unless security and
law enforcement background checks are completed to the
satisfaction of the Secretary.
(3) Grounds of ineligibility.--Except as provided in
paragraph (2), an alien is ineligible for participation in the
Dignity Program if, 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--
(A) any felony offense;
(B) two 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, any offense involving disorderly conduct
without violence, 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
(C) 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)).
(4) Waivers for certain misdemeanors.--For humanitarian
purposes, family unity, or if otherwise in the public interest,
the Secretary may waive--
(A) 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)); and
(B) 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 the Dignity Program; 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 the Dignity Program.
SEC. 2303. REGISTRATION; DEPARTURE.
(a) Registration.--Any alien approved to participate in the Dignity
Program shall--
(1) register with the Secretary of Homeland Security;
(2) submit biometric and biographic data to the Secretary;
and
(3) submit a sworn declaration stipulating to presence in
the United States without a lawful immigration status, and, as
appropriate, unlawful presence, in the United States.
(b) Departure.--Not later than 12 months after the date of the
enactment of this Act, any alien present in the United States without
lawful status under the immigration laws, or not participating in the
programs outlined in division B under this Act shall apply for the
Dignity Program or depart the United States.
(c) Intentional Self-Deportation.--Any alien that voluntarily
departs the United States not later than 12 months after the date of
the enactment of this Act shall not be subject to the provisions of
section 212(a)(9) of the Immigration and Nationality Act with respect
to--
(1) any removal ordered under section 235(b)(1) of such Act
or at the end of proceedings under section 240 of such Act
initiated upon the alien's arrival in the United States; or
(2) any removal ordered under section 240 of such Act,
prior to the date of the enactment of this Act.
(d) Limitation on Removal.--An alien who appears to be prima facie
eligible for status under this subtitle during the 24-month period
following the date of enactment of this Act may not be removed or fined
based on their immigration status--
(1) during such period; and
(2) in the case that the alien applies for status under
this subtitle, until a final decision establishing
ineligibility for such status is rendered.
(e) Exception.--This section does not apply in the case of any
alien with a valid Notice to Appear in immigration court or with a
pending determination on their immigration status that is not decided
before this date.
SEC. 2304. PROGRAM PARTICIPATION.
(a) In General.--Any applicant who is approved to participate in
the Dignity Program shall make an appointment with USCIS who shall
issue an order deferring further action for a period of 7 years.
(b) Conditions.--Each participant in the Dignity Program shall
conform to the following:
(1) Report.--The participant shall once every two years
report to the Secretary of Homeland Security and provide the
following information:
(A) Place of residence.
(B) Testimony as to good standing within the
community.
(2) Restitution.--
(A) In general.--The participant shall pay an
additional fee of at least $1,000 with each report
under paragraph (1), until a total of $7,000 has been
paid, to be deposited in the H-1B Nonimmigrant
Petitioner Account, which shall be used to support
American workers for purposes described in title IV of
division B.
(B) Exceptions in the case of temporary protected
status holders.--Subparagraph (A) shall not apply to
any individual who had temporary protected status under
section 244 of the Immigration and Nationality Act (8
U.S.C. 1254a) prior to the passage of this Act.
(3) Lawful conduct.--The participant shall comply with all
Federal and State laws.
(4) Employment.--The participant shall remain, for a period
of not less than 4 years during their participation in the
Dignity Program, employed (including self-employment and
serving as a caregiver) or enrolled in a course of study at an
institute of higher education, as defined in section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002), or an area
career and technical education school, as defined in section 3
of the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2302). The Secretary may waive the application
of this paragraph in the case of any alien with dependents
under the age of 12, any alien the Secretary determines would
be unable to reasonably comply by reason of a disability or
other impediment, or anyone above 65 years of age.
(5) Taxes.--In the case of any Federal income tax liability
of the participant which was assessed during the 10-year period
ending on the date such participant was approved for
participation in the Dignity Program, the participant shall pay
such liability not later than the close of the 7-year period
beginning on such date.
(6) Support dependents.--The participant shall support any
dependents including by providing food, shelter, clothing,
education, and covering basic medical needs.
(7) Medical costs.--
(A) In general.--The participant shall be enrolled
under qualifying health coverage.
(B) Definition.--For purposes of this paragraph,
the term ``qualifying health coverage'' means, with
respect to the participant, the higher of the following
levels of coverage applicable to such alien:
(i) At a minimum, catastrophic health
insurance coverage that provides coverage of
such individual with respect to at least the
State of employment and State of residence of
the alien.
(ii) In the case of an alien whose State of
residence or State of employment requires such
an alien to maintain coverage under health
insurance, such health insurance.
(8) Public benefits.--Beginning on the date of
participation in the Dignity Program, the participant shall not
avail himself or herself of any Federal means-tested benefits
or entitlement programs. For purposes of this paragraph, any
benefits received by a child or dependent that is a United
States citizen living in the same household shall not be taken
into account.
(9) Levy.--In addition to other taxes, there is hereby
imposed on the income of every Dignity Program participant a
tax equal to 1 percent of the adjusted gross income (as defined
in section 3121(a) of the Internal Revenue Code of 1986)
received by the individual with respect to employment (as
defined in section 3121(b) the Internal Revenue Code of 1986).
The participant shall comply with the requirements of section
9512 of the Internal Revenue Code of 1986. Any tax collected
under this paragraph shall be deposited in the Immigration
Infrastructure and Debt Reduction Fund established in section
1204.
(10) Exemption from certain payroll taxes.--A participant
shall not be liable for any tax under section 3101 or 3102 of
the Internal Revenue Code of 1986.
(11) Limitations in the case of minors.--With respect to
any participant in the Dignity Program who is under 18 years of
age at the time of application--
(A) subsection (b)(2) shall be waived; or
(B) for any participant that turns 18 years of age
during participation in the Dignity Program, the 4-year
requirement in subsection (b)(2) shall be adjusted to
an amount which is equal to \4/7\ of the time remaining
in the 7 years required for completion of the Dignity
Program at the time the participant turns 18.
(c) Authorizing Participants Approved To Participate in the Dignity
Program To Enlist in the Armed Forces.--
(1) Enlistment.--Section 504(b)(1) of title 10, United
States Code, is amended by adding at the end the following:
``(D) An alien who is participating in the Dignity Program
or holds the Dignity Status.''.
(2) Waiver.--Under this provision, for any individual in
the Dignity Program that enlists in the Armed Forces, the
conditions outlined in subsection (b) shall be waived during
their service.
(3) Completion of term of enlistment.--Upon completion of a
term of enlistment, the requirements of the Dignity Program
shall be satisfied for that individual, and that individual
shall be eligible to adjust to lawful permanent resident status
through the Armed Forces.
(d) Violations.--If a participant violates a condition under
subsection (b), the Secretary may at the Secretary's discretion, waive
enforcement of minor violations including late fees, take extenuating
circumstances into effect, or consider factors of undue hardship, but
in all other cases, the Secretary shall initiate removal proceedings
pursuant to section 1229a of title 8, United States Code. In such
proceedings, the immigration judge may make a determination as to
whether to order removal or to issue an order modifying the conditions
of that participant's participation in the Dignity Program.
SEC. 2305. COMPLETION.
(a) In General.--Upon satisfying the conditions set forth in
subsection (b) and thereby successfully completing the Dignity Program,
the participant shall be granted Dignity status under this program.
(b) Completion.--The conditions set forth in this subsection for
successful completion of the Dignity Program are as follows:
(1) Compliance with all requirements of subsection (b)(1).
(2) Compliance with all requirements of subsection (b)(2).
(3) Compliance with the requirement of subsection (b)(3)
for the entire period of the participation in the Dignity
Program, excepting any violations waived or modified pursuant
to section 2304(d) of this Act and any violations deemed de
minimis by the Secretary.
(c) Dignity Status.--The status under this section--
(1) shall be valid for a period of 7 years;
(2) may be renewed any number of times; and
(3) shall provide the alien with--
(A) lawful status as a nonimmigrant;
(B) authorization for employment; and
(C) the ability to reenter the United States any
number of times.
(d) Travel and Work Documents.--The Secretary shall provide proof
of Dignity Status, in the form of an identification document, that will
allow individuals to work in the United States and travel abroad and be
admitted to the United States upon return, if otherwise admissible.
(e) Clarification.--For purposes of adjustment of status under
section 1255 of title 8, United States Code, and change of status under
section 1258 of title 8, United States Code, the alien shall be
considered as having been inspected and admitted into the United
States.
(f) Public Benefits.--Beginning on the date of receiving the
Dignity Status, the beneficiary shall not avail himself or herself of
any Federal means-tested benefits or entitlement programs. For purposes
of this subsection, any benefits received by a child or dependent that
is a United States citizen living in the same household shall not be
taken into account.
(g) Termination.--Dignity Status may only be terminated by the
Secretary following the issuance of a final order of removal, except
that such status shall be restored following the grant of a motion to
reopen pursuant to section 1229a(c)(7) of title 8, United States Code,
a successful appeal, or a grant of withholding of removal pursuant to
section 1231(b)(3) of title 8, United States Code.
TITLE IV--CONTRIBUTION TO AMERICAN WORKERS
SEC. 2401. PURPOSE.
This title shall direct restitution payments from the Dignity
program to be disbursed to American workers through promoting
apprenticeships and other work-based learning programs for small- and
medium-sized businesses within in-demand industry sectors, through the
establishment and support of industry or sector partnerships.
SEC. 2402. AVAILABILITY OF FUNDS.
From funds paid by restitution under title III of division B of the
Dignity for Immigrants while Guarding our Nation to Ignite and Deliver
the American Dream Act and available under section 286(s)(2) of the
Immigration and Nationality Act (8 U.S.C. 1356(s)(2)), the Secretary
shall carry out this Act.
SEC. 2403. CONFORMING AMENDMENTS.
(a) American Competitiveness and Workforce Improvement Act of
1998.--Section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 (29 U.S.C. 2916a) is repealed.
(b) Immigration and Nationality Act.--Section 286(s)(2) of the
Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) is amended to
read as follows:
``(2) Use of fees for work-based learning programs.--90
percent of amounts deposited into the H-1B Nonimmigrant
Petitioner Account pursuant to the Dignity for Immigrants while
Guarding our Nation to Ignite and Deliver the American Dream
Act shall remain available to the Secretary of Labor until
expended to carry out the Dignity for Immigrants while Guarding
our Nation to Ignite and Deliver the American Dream Act.''.
SEC. 2404. DEFINITIONS.
In this Act:
(1) Eligible partnership.--The term ``eligible
partnership'' means an industry or sector partnership as
defined in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102) that submits and obtains
approval of an application consistent with section 5(c).
(2) In-demand industry sector.--The term ``in-demand
industry sector'' means a sector described in subparagraphs
(A)(i) and (B) of section 3(23) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102(23)).
(3) Local or regional.--The term ``local or regional'',
used with respect to an entity, means that the entity provides
services in, respectively, a local area or region.
(4) Workforce terms.--The terms ``Governor'', ``individual
with a barrier to employment'', ``industry or sector
partnership'', ``local area'', ``local board'', ``State
board'', ``outlying area'', ``recognized postsecondary
credential'', ``region'', ``State'', and ``supportive
services'', used with respect to activities supported under
this Act, have the meanings given the terms in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
SEC. 2405. ALLOTMENTS TO STATES.
(a) Reservation.--Of the amounts available for this Act under
section 4, the Secretary may reserve--
(1) not more than 5 percent of those amounts for the costs
of technical assistance and Federal administration of this Act;
(2) not more than 2 percent of those amounts for the costs
of evaluations conducted under section 8(b); and
(3) not more than \1/4\ of 1 percent of such amounts to
provide assistance to the outlying areas.
(b) Allotments.--
(1) In general.--Of the amounts available for this Act
under section 4 that remain after the Secretary makes the
reservations under subsection (a), the Secretary shall, for the
purpose of supporting (which may include assistance in
establishing expanded) local or regional eligible partnerships
to support work-based learning programs under this Act, make
allotments to eligible States in accordance with clauses (ii)
through (v) of section 132(b)(1)(B) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3162(b)(1)(C)), subject to
paragraph (2).
(2) Application.--For purposes of applying the clauses
described in paragraph (1), under paragraph (1), the
Secretary--
(A) shall not apply subclauses (I) and (III) of
clause (iv) with respect to the first fiscal year after
the date of enactment of this Act;
(B) shall apply clause (iv)(II) by substituting
``0.5 percent of the remaining amounts described in
paragraph (1)'' for the total described in that clause;
(C) shall not apply clause (iv)(IV);
(D) shall apply clause (v)(II) by substituting the
term ``allotment percentage'', used with respect to the
second full fiscal year after the date of enactment of
this Act, or a subsequent fiscal year, means a
percentage of the remaining amounts described in
paragraph (1) that is received through an allotment
made under this subsection for the fiscal year for the
two sentences in that clause; and
(E) shall apply clause (v)(III) by substituting ``a
work-based learning program carried out under this
Act'' for ``a program of workforce investment
activities carried out under this subtitle''.
(3) Use of unallotted funds.--If a State fails to meet the
requirements for an allotment under this subsection, the
Secretary may allot funds that are not allotted under
paragraphs (1) and (2) to eligible States under a formula based
on the formula specified in section 132(c) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3173(c)).
(4) Definition.--In this subsection, the term ``eligible
State'' means a State that meets the requirements of section
102 or 103 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3112, 3113) and subsection (c).
(c) State Eligibility.--To be eligible to receive an allotment
under subsection (b), a State, in consultation with State boards and
local boards, shall submit an application to the Secretary, at such
time, in such manner, and containing a description of the activities to
be carried out with the grant funds. At a minimum, the application
shall include information on--
(1) the local or regional industry or sector partnerships
that will be supported, including the lead partners for the
partnerships, and how the partnerships will work to engage
small- and medium-sized businesses, as applicable, in the
activities of the partnerships;
(2) the in-demand industry sectors that will be served,
including how such industry sectors were identified, and how
the activities of the partnerships will align with State,
regional, and local plans as required under title I of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et
seq.);
(3) the apprenticeship programs or other work-based
learning programs to be supported though the partnerships;
(4) the populations that will receive services, including
individuals with barriers to employment and populations that
were historically underrepresented in the industry sectors to
be served through the partnerships;
(5) the services, including business engagement, classroom
instruction, and support services (including at least 6 months
of post-employment support services), that will be supported
through the grant funds;
(6) the recognized postsecondary credentials that workers
will obtain through participation in the program and the
quality of the program that leads to the credentials;
(7) levels of performance to be achieved on the performance
indicators described in section 8, to measure progress towards
expanding work-based learning programs;
(8) how local or regional partnerships will leverage
additional resources, including funding provided under title I
of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111
et seq.) and non-Federal resources, to support the activities
carried out under this Act; and
(9) such other subjects as the Secretary may require.
(d) Review of Applications.--The Secretary shall review
applications submitted under subsection (c) in consultation with the
Secretary of Education and the Secretary of Health and Human Services.
SEC. 2406. GRANTS TO PARTNERSHIPS.
(a) Grants.--
(1) In general.--The Governor of a State that receives an
allotment under section 5 shall use the funds made available
through the allotment and not reserved under subsection (d) to
award grants to eligible partnerships. The Governor shall award
the grants for the purpose of assisting (which may include
establishing or expanding) local or regional industry or sector
partnerships that are identified in the application submitted
under section 5(c), to carry out activities described in
section 7.
(2) Period of grant.--A State may make a grant under this
section for a period of 3 years.
(3) Availability of funds.--The Governor of a State that
receives an allotment under section 5 for a fiscal year may use
the funds made available through the allotment during that year
or the 2 subsequent fiscal years.
(b) Eligibility.--To be eligible to receive a grant under this
section, an industry or sector partnership described in subsection
(a)(1) shall--
(1) submit an application to the State at such time, in
such manner, and containing such information as the State may
require; and
(2) designate a partner in the industry or sector
partnership, to serve as the fiscal agent for purposes of the
grant.
(c) Awards of Grants.--
(1) Participation in multiple eligible partnerships.--
Subject to paragraph (2), a State may award grants under this
section in a way that results in an entity being represented in
more than one partnership that receives such a grant.
(2) Geographic diversity.--In making the grants, a State
shall ensure that there is geographic diversity in the areas in
which activities will be carried out under the grants.
(d) Administration.--The State may reserve not more than 5 percent
of the amount of an allotment under section 5 for the administration of
the grants awarded under this section.
SEC. 2407. USE OF FUNDS.
(a) In General.--An eligible partnership that receives a grant
under section 6 shall use the grant funds to support apprenticeships or
other work-based learning programs. The eligible partnership shall use
the grant funds to support the activities described in subsections (b)
and (c) and such other strategies as may be necessary to support the
development and implementation of work-based learning programs, and
participant retention in and completion of those programs. The
partnership may use the grant funds to establish or expand eligible
partnerships.
(b) Business Engagement.--The eligible partnership shall use grant
funds to provide services to engage businesses in work-based learning
programs, which may include assisting a small- or medium-sized business
with--
(1) the navigation of the registration process for a
sponsor of an apprenticeship program;
(2) the connection of the business with an education
provider to develop classroom instruction to complement on-the-
job learning;
(3) the development of a curriculum for a work-based
learning program;
(4) the employment of workers in a work-based learning
program for a transitional period before the business hires an
individual for continuing employment;
(5) the provision of training to managers and frontline
workers to serve as trainers or mentors to workers in the work-
based learning program;
(6) the provision of career awareness activities; and
(7) the recruitment of individuals to participate in a
work-based learning program from individuals receiving
additional workforce and human services, including--
(A) workers in programs under the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.);
(B) recipients of assistance through the
supplemental nutrition assistance program established
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.); and
(C) recipients of assistance through the program of
block grants to States for temporary assistance for
needy families established under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.).
(c) Support Services for Workers.--
(1) In general.--The eligible partnership shall use grant
funds to provide support services for workers to ensure their
success in work-based learning programs, which may include--
(A) connection of individuals with adult basic
education during pre-work-based learning or training,
and during the period of employment;
(B) connection of individuals with pre-work-based
learning or training, including through a pre-
apprenticeship program;
(C) provision of additional mentorship and
retention supports for individuals pre-work-based
learning or training, and during the period of
employment;
(D) provision of tools, work attire, and other
required items necessary to start employment pre-work-
based learning or training, and during the period of
employment; and
(E) provision of transportation, childcare
services, or other support services pre-work-based
learning or training, and during the period of
employment.
(2) Length of services.--Each eligible partnership shall
provide support services for workers for not less than 12
months after the date of placement of an individual in a work-
based learning program. That 12-month period shall include a
period of pre-work-based learning or training, a transitional
period of employment as described in subsection (b)(4), and a
period of continuing employment.
SEC. 2408. PERFORMANCE AND ACCOUNTABILITY.
(a) Local Reports.--Not later than 1 year after receiving a grant
under section 6, and annually thereafter, each eligible partnership in
a State shall conduct an evaluation and submit to the State a local
report containing information on--
(1) levels of performance achieved by the eligible
partnership with respect to the performance indicators under
section 116(b)(2)(A) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3141(b)(2)(A))--
(A) for all workers in the work-based learning
program involved; and
(B) for all such workers, disaggregated by each
population specified in section 3(24) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(24)) and
by race, ethnicity, sex, and age; and
(2) levels of performance achieved by the eligible
partnership with respect to the performance indicators under
that section 116(b)(2)(A)--
(A) for individuals with barriers to employment in
the work-based learning program involved; and
(B) for all such individuals, disaggregated by each
population specified in section 3(24) of the Workforce
Innovation and Opportunity Act and by race, ethnicity,
sex, and age.
(b) State Reports.--Not later than 24 months after receiving
initial local reports under subsection (a) (but in no case less than 18
months after the corresponding grants are awarded) and annually
thereafter, the State shall conduct an evaluation and submit a report
to the Secretary containing--
(1) the information provided by the eligible partnerships
through the local reports; and
(2) the State level of performance, aggregated across all
eligible partnerships, with respect to the performance
indicators described in subsection (a).
SEC. 2409. GRANTS FOR ACCESS TO HIGH-DEMAND CAREERS.
(a) Purpose.--The purpose of this section is to expand student
access to, and participation in, new industry-led earn-and-learn
programs leading to high-wage, high-skill, and high-demand careers.
(b) Authorization of Apprenticeship Grant Program.--
(1) In general.--From the amounts provided under this
title, the Secretary shall award grants, on a competitive
basis, to eligible partnerships for the purpose described in
subsection (a).
(2) Duration.--The Secretary shall award grants under this
section for a period of--
(A) not less than 1 year; and
(B) not more than 4 years.
(3) Limitations.--
(A) Number of awards.--An eligible partnership or
member of such partnership may not be awarded more than
one grant under this section.
(B) Administration costs.--An eligible partnership
awarded a grant under this section may not use more
than 5 percent of the grant funds to pay administrative
costs associated with activities funded by the grant.
(c) Matching Funds.--To receive a grant under this section, an
eligible partnership shall, through cash or in-kind contributions,
provide matching funds from non-Federal sources in an amount equal to
or greater than 50 percent of the amount of such grant.
(d) Applications.--To receive a grant under this section, an
eligible partnership shall submit to the Secretary at such a time as
the Secretary may require, an application that--
(1) identifies and designates the business or institution
of higher education responsible for the administration and
supervision of the earn-and-learn program for which such grant
funds would be used;
(2) identifies the businesses and institutions of higher
education that comprise the eligible partnership;
(3) identifies the source and amount of the matching funds
required under subsection (c);
(4) identifies the number of students who will participate
and complete the relevant earn-and-learn program within 1 year
of the expiration of the grant;
(5) identifies the amount of time, not to exceed 2 years,
required for students to complete the program;
(6) identifies the relevant recognized postsecondary
credential to be awarded to students who complete the program;
and
(7) identifies the anticipated earnings of students--
(A) 1 year after program completion;
(B) 3 years after program completion;
(C) describes the specific project for which the
application is submitted, including a summary of the
relevant classroom and paid structured on-the-job
training students will receive;
(D) describes how the eligible partnership will
finance the program after the end of the grant period;
(E) describes how the eligible partnership will
support the collection of information and data for
purposes of the program evaluation required under
subsection (e); and
(F) describes the alignment of the program with
State-identified in-demand industry sectors.
(e) Evaluation.--
(1) In general.--From the amounts provided under this
title, the Secretary shall provide for the independent
evaluation of the grant program established under this section
that includes the following:
(A) The number of eligible individuals who
participated in programs assisted under this section.
(B) The percentage of program participants who are
in unsubsidized employment during the second quarter
after exit from the program.
(C) The percentage of program participants who are
in unsubsidized employment during the fourth quarter
after exit from the program.
(D) The median earnings of program participants who
are in unsubsidized employment during the second
quarter after exit from the program.
(E) The percentage of program participants who
obtain a recognized postsecondary credential during
participation in the program.
(2) Publication.--The evaluation required by this
subsection shall be made publicly available on the website of
the Department.
(f) Definitions.--In this section:
(1) Earn-and-learn program.--The term ``earn-and-learn
program'' means an education program, including an
apprenticeship program, that provides students with structured,
sustained, and paid on-the-job training and accompanying, for
credit, classroom instruction that--
(A) is for a period of between 3 months and 2
years; and
(B) leads to, on completion of the program, a
recognized postsecondary credential.
(2) Eligible partnership.--The term ``eligible
partnership'' shall mean a consortium that includes--
(A) 1 or more businesses; and
(B) 1 or more institutions of higher education.
(3) In-demand industry sector or occupation.--The term
``in-demand industry sector or occupation'' has the meaning
given the term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(4) On-the-job training.--The term ``on-the-job training''
has the meaning given the term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
(5) Recognized postsecondary credential.--The term
``recognized postsecondary credential'' has the meaning given
the term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
DIVISION C--AMERICAN PROSPERITY AND COMPETITIVENESS
SEC. 3101. SHORT TITLE.
This division may be cited as the ``American Prosperity and
Competitiveness Act''.
TITLE I--AMERICAN FAMILIES UNITED
SEC. 3111. RULE OF CONSTRUCTION.
Nothing in sections 3112 and 3113 of this title, the American
Families United Act, shall be construed--
(1) to provide the Secretary of Homeland Security or the
Attorney General with the ability to exercise the discretionary
authority provided in this division, or by an amendment made by
this division, except on a case-by-case basis; or
(2) to otherwise modify or limit the discretionary
authority of the Secretary of Homeland Security or the Attorney
General under the immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))).
SEC. 3112. DISCRETIONARY AUTHORITY WITH RESPECT TO FAMILY MEMBERS OF
UNITED STATES CITIZENS.
(a) Applications for Relief From Removal.--Section 240(c)(4) of the
Immigration and Nationality Act (8 U.S.C. 1229a(c)(4)) is amended by
adding at the end the following:
``(D) Judicial discretion.--
``(i) In general.--In the case of an alien
who is the spouse or child of a citizen of the
United States, the Attorney General may subject
to clause (ii)--
``(I) terminate any removal
proceedings against the alien;
``(II) decline to order the alien
removed from the United States;
``(III) grant the alien permission
to reapply for admission to the United
States; or
``(IV) subject to clause (iii),
waive the application of one or more
grounds of inadmissibility or
deportability in connection with any
request for relief from removal.
``(ii) Limitation on discretion.--
``(I) In general.--The Attorney
General may exercise the discretion
described in clause (i) if the Attorney
General determines that removal of the
alien or the denial of a request for
relief from removal would result in
hardship to the alien's United States
citizen spouse, parent, or child. There
shall be a presumption that family
separation constitutes hardship.
``(II) Widow and surviving child of
deceased united states citizen.--In the
case of the death of a citizen of the
United States, the Attorney General may
exercise discretion described in clause
(i) with respect to an alien who was a
child of such citizen, or was the
spouse of such citizen and was not
legally separated from such citizen on
the date of the citizen's death, if--
``(aa) the Attorney General
determines that removal of the
child or spouse or the denial
of a requested benefit would
result in hardship to the child
or spouse; and
``(bb) the child or spouse
seeks relief requiring such
discretion not later than two
years after the date of the
citizen's death or demonstrates
to the satisfaction of the
Attorney General the existence
of extraordinary circumstances
that prevented the spouse or
child from seeking relief
within such period.
``(iii) Exclusions.--This subparagraph
shall not apply to an alien whom the Attorney
General determines--
``(I) is inadmissible under--
``(aa) paragraph (2) or (3)
of section 212(a); or
``(bb) subparagraph (A),
(C), or (D) of section
212(a)(10); or
``(II) is deportable under
paragraph (2), (4), or (6) of section
237(a).''.
(b) Secretary's Discretion.--Section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182) is amended--
(1) by redesignating the second subsection (t) as
subsection (u); and
(2) by adding at the end the following:
``(u) Secretary's Discretion.--
``(1) In general.--In the case of an alien who is the
spouse or child of a citizen of the United States, the
Secretary of Homeland Security may, subject to paragraph (2)--
``(A) waive the application of one or more grounds
of inadmissibility or deportability in connection with
an application for an immigration benefit or request
for relief from removal;
``(B) decline to issue a notice to appear or other
charging document requiring such an alien to appear for
removal proceedings;
``(C) decline to reinstate an order of removal
under section 241(a)(5); or
``(D) grant such alien permission to reapply for
admission to the United States or any other application
for an immigration benefit.
``(2) Limitation on discretion.--
``(A) In general.--The Secretary of Homeland
Security may exercise discretion described in paragraph
(1) if the Secretary determines that removal of the
alien or the denial of a requested benefit would result
in hardship to the alien's United States citizen
spouse, parent, or child. There shall be a presumption
that family separation constitutes hardship.
``(B) Widow and orphan of deceased united states
citizen.--In the case of the death of a citizen of the
United States, the Secretary of Homeland Security may
exercise discretion described in paragraph (1) with
respect to an alien who was a child of such citizen, or
was the spouse of such citizen and was not legally
separated from such citizen on the date of the
citizen's death, if--
``(i) the Secretary determines that the
denial of a requested benefit would result in
hardship to the child or spouse; and
``(ii) the child or spouse seeks relief
requiring such discretion not later than two
years after the date of the citizen's death or
demonstrates to the satisfaction of the
Secretary the existence of extraordinary
circumstances that prevented the spouse or
child from seeking relief within such period.
``(3) Exclusions.--This subsection shall not apply to an
alien whom the Secretary determines--
``(A) is inadmissible under--
``(i) paragraph (2) or (3) of subsections
(a); or
``(ii) subparagraphs (A), (C), or (D) of
subsection (a)(10); or
``(B) is deportable under paragraphs (2), (4), or
(6) of section 237(a).''.
(c) Nationality at Birth and Collective Naturalization.--Section
301(g) of the Immigration and Nationality Act (8 U.S.C. 1401(g)) is
amended by striking ``for a period or periods totaling not less than
five years, at least two of which were after attaining the age of
fourteen years''.
SEC. 3113. MOTIONS TO REOPEN OR RECONSIDER.
(a) In General.--A motion to reopen or reconsider the denial of a
petition or application or an order of removal for an alien may be
granted if such petition, application, or order would have been
adjudicated in favor of the alien had this division, or an amendment
made by this division, been in effect at the time of such denial or
order.
(b) Filing Requirement.--A motion under subsection (a) shall be
filed no later than the date that is 2 years after the date of the
enactment of this division, unless the alien demonstrates to the
satisfaction of the Secretary of Homeland Security or Attorney General,
as appropriate, the existence of extraordinary circumstances that
prevented the alien from filing within such period.
SEC. 3114. TEMPORARY FAMILY VISITATION.
(a) Establishment of New Nonimmigrant Visa Category.--Section
101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(B)) is amended by striking ``and who is visiting the United
States temporarily for business or temporarily for pleasure;'' and
inserting ``and who is visiting the United States temporarily for--
``(i) business;
``(ii) pleasure; or
``(iii) family purposes;''.
(b) Requirements Applicable to Family Purpose Visas.--Section 214
of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by
adding at the end the following:
``(s) Requirements Applicable to Family Purpose Visas.--
``(1) Definitions.--In this subsection and section
101(a)(15)(B)(iii):
``(A) Family purposes.--The term `family purposes'
means any visit by a relative for a social, occasional,
or any other purpose.
``(B) Relative.--The term `relative' means the
spouse, child, son, daughter, grandchild, parent,
grandparent, sibling, uncle, aunt, niece, and nephew of
a citizen of the United States or an alien lawfully
admitted for permanent residence.
``(2) Requirement.--A relative seeking admission pursuant
to a visa issued under section 101(a)(15)(B)(iii) is
inadmissible unless--
``(A) the individual petitioning for such
admission, or an additional sponsor, has submitted to
the Secretary of Homeland Security an undertaking under
section 213 in the form of a declaration of support
(Form I-134); and
``(B) such relative has obtained, for the duration
of his or her stay in the United States, a health
insurance policy (such as an additional travel health
insurance policy or an existing health insurance policy
that includes travel health care costs) with minimum
policy requirements, as determined by the Secretary.
``(3) Period of authorized admission.--The period of
authorized admission for a nonimmigrant described in section
101(a)(15)(B)(iii) shall not exceed 90 days.
``(4) Petitioner requirement.--
``(A) In general.--An individual may not petition
for the admission of a relative as a nonimmigrant
described in section 101(a)(15)(B)(iii) if the
individual previously petitioned for the admission of
such a relative who--
``(i) was admitted to the United States
pursuant to a visa issued under that section as
a result; and
``(ii) overstayed his or her period of
authorized admission.
``(B) Previous petitioners.--An individual
petitioning for the admission of a relative as a
nonimmigrant described in section 101(a)(15)(B)(iii)
who has previously petitioned for such a relative shall
submit to the Secretary of Homeland Security evidence
demonstrating that the relative on behalf of whom the
individual previously petitioned did not overstay his
or her period of authorized admission.''.
(c) Restriction on Change of Status.--Section 248(a)(1) of the
Immigration and Nationality Act (8 U.S.C. 1258(a)(1)) is amended to
read as follows:
``(1) an alien classified as a nonimmigrant under
subparagraph (B)(iii), (C), (D), (K), or (S) of section
101(a)(15),''.
(d) Family Purpose Visa Eligibility While Awaiting Immigrant
Visa.--Notwithstanding section 214(b) of the Immigration and
Nationality Act (8 U.S.C. 1184(b)), a nonimmigrant described in section
101(a)(15)(B)(iii) of that Act who has been classified as an immigrant
under section 201 of that Act (8 U.S.C. 1151) and is awaiting the
availability of an immigrant visa subject to the numerical limitations
under section 203 of that Act (8 U.S.C. 1153) may be admitted pursuant
to a family purpose visa, in accordance with section 214(s) of that
Act, if the individual is otherwise eligible for admission.
SEC. 3115. MILITARY NATURALIZATION MODERNIZATION.
(a) In General.--Chapter 2 of title III of the Immigration and
Nationality Act (8 U.S.C. 1421 et seq.) is amended--
(1) by striking section 328 (8 U.S.C. 1439); and
(2) in section 329 (8 U.S.C. 1440)--
(A) by amending the section heading to read as
follows: ``naturalizing through service in the selected
reserve or in active-duty status'';
(B) in subsection (a)--
(i) in the matter preceding paragraph (1),
by striking ``during either'' and all that
follows through ``foreign force'';
(ii) in paragraph (1)--
(I) by striking ``America Samoa, or
Swains Island'' and inserting
``American Samoa, Swains Island, or any
of the freely associated States (as
defined in section 611(b)(1)(C) of the
Individuals with Disabilities Education
Act (20 U.S.C. 1411(b)(1)(C))),''; and
(II) by striking ``he'' and
inserting ``such person''; and
(iii) in paragraph (2), by striking ``in an
active-duty status, and whether separation from
such service was under honorable conditions''
and inserting ``in accordance with subsection
(b)(3)''; and
(C) in subsection (b)--
(i) in paragraph (1), by striking ``he''
and inserting ``such person''; and
(ii) in paragraph (3), by striking ``an
active-duty status'' and all that follows
through ``foreign force, and'' and inserting
``in an active status (as defined in section
101(d) of title 10, United States Code), in the
Selected Reserve of the Ready Reserve, or on
active duty (as defined in such section) and,
if separated''.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by striking the
items relating to sections 328 and 329 and inserting the following:
``Sec. 329. Naturalization through service in the Selected Reserve or
in active-duty status.''.
TITLE II--FAIRNESS FOR LEGAL IMMIGRANTS
SEC. 3201. REDUCTION OF BACKLOGS.
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(1)) is amended by adding at the end the following:
``(F) Aliens--
``(i) who are beneficiaries (including
derivative beneficiaries) of an approved
immigrant visa petition bearing a priority date
that is more than 10 years before the alien
submits an application for an immigrant visa or
for adjustment of status; and
``(ii) who deposit a premium processing fee
of $20,000 into the Immigration Infrastructure
and Debt Reduction Fund established in section
9512 of title 26, United States Code.
``(G) Aliens who are beneficiaries (including
derivative beneficiaries) of an approved immigrant visa
petition bearing a priority date that is more than 10
years before the alien submits an application for an
immigrant visa or for adjustment of status, subject to
the following:
``(i) In each of the fiscal years 2026
through and including 2035, the Secretary shall
allocate to aliens described in subparagraph
(G) a number of immigrant visas in an amount
that is sufficient to ensure that by the end of
fiscal year 2035 there are no aliens described
in subparagraph (G).''.
SEC. 3202. PER-COUNTRY CAPS RAISED.
Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1152(a)(2)) is amended by striking ``7 percent'' and inserting ``15
percent''.
SEC. 3203. PROTECTING THE STATUS OF CHILDREN AFFECTED BY DELAYS IN VISA
AVAILABILITY.
(a) Requirements.--Section 201(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(1)), as amended by section 3201, is
further amended by adding at the end the following:
``(H) Any alien who--
``(i) is not inadmissible under section
212(a) or deportable under section 237(a);
``(ii) was lawfully present in the United
States as a dependent child of a nonimmigrant
admitted to engage in employment in the United
States (other than a nonimmigrant described in
subparagraph (A), (G), (N), or (S) of section
101(a)(15)) for an aggregate period of not less
than 8 years;
``(iii) on the date on which an application
under section 204(a)(1)(M) is submitted, has
been lawfully present in the United States for
an aggregate period of not less than 10 years;
and
``(iv) has graduated from an institution of
higher education (as defined in section 102(a)
of the Higher Education Act of 1965 (20 U.S.C.
1002(a))) in the United States.''.
(b) Petition.--Section 204(a)(1) of the Immigration and Nationality
Act (8 U.S.C. 1154(a)(1)) is amended by adding at the end the
following:
``(M) Any alien entitled to classification under
section 201(b)(1)(F) may file a petition with the
Secretary of Homeland Security for such
classification.''.
(c) Age-Out Protections.--
(1) In general.--The Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended--
(A) in section 101(b) (8 U.S.C. 1101(b)), by adding
at the end the following:
``(6) Determination of child status.--A determination as to
whether an alien is a child shall be made as follows:
``(A) In general.--For purposes of a petition under
section 204 and any subsequent application for an
immigrant visa or adjustment of status, such
determination shall be made using the age of the alien
on the earlier of--
``(i) the date on which the petition is
filed with the Secretary of Homeland Security;
or
``(ii) the date on which an application for
a labor certification under section
212(a)(5)(A)(i) is filed with the Secretary of
Labor.
``(B) Certain dependents of nonimmigrants.--With
respect to an alien who, for an aggregate period of 8
years before attaining the age of 21, was in the status
of a dependent child of a nonimmigrant pursuant to a
lawful admission as an alien eligible to be employed in
the United States (other than a nonimmigrant described
in subparagraph (A), (G), (N), or (S) of section
101(a)(15)), notwithstanding clause (i), the
determination of the alien's age shall be based on the
date on which such initial nonimmigrant employment-
based petition or application was filed by the alien's
nonimmigrant parent.
``(C) Failure to acquire status as alien lawfully
admitted for permanent residence.--With respect to an
alien who has not sought to acquire status as an alien
lawfully admitted for permanent residence during the 2
years beginning on the date on which an immigrant visa
becomes available to such alien, the alien's age shall
be determined based on the alien's biological age,
unless the failure to seek to acquire such status was
due to extraordinary circumstances.''; and
(B) in section 201(f) (8 U.S.C. 1151)--
(i) by striking the subsection heading and
all that follows until ``termination date'' in
paragraph (3) and inserting ``Rule For
Determining Whether Certain Aliens Are
Immediate Relatives.--''; and
(ii) by striking paragraph (4).
(2) Effective date.--
(A) In general.--The amendments made by this
subsection shall be effective as if included in the
Child Status Protection Act (Public Law 107-208; 116
Stat. 927).
(B) Motion to reopen or reconsider.--
(i) In general.--A motion to reopen or
reconsider the denial of a petition or
application described in the amendment made by
paragraph (1)(A) may be granted if--
(I) such petition or application
would have been approved if the
amendment described in such paragraph
had been in effect at the time of
adjudication of the petition or
application;
(II) the individual seeking relief
pursuant to such motion was in the
United States at the time the
underlying petition or application was
filed; and
(III) such motion is filed with the
Secretary of Homeland Security or the
Attorney General not later than the
date that is 2 years after the date of
the enactment of this Act.
(ii) Exemption from numerical
limitations.--Notwithstanding any other
provision of law, an individual granted relief
pursuant to a motion to reopen or reconsider
under clause (i) shall be exempt from the
numerical limitations in sections 201, 202, and
203 of the Immigration and Nationality Act (8
U.S.C. 1151, 1152, and 1153).
(d) Nonimmigrant Dependent Children.--Section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at
the end the following:
``(s) Derivative Beneficiaries.--
``(1) In general.--Except as described in paragraph (2),
the determination as to whether an alien who is the derivative
beneficiary of a properly filed pending or approved immigrant
petition under section 204 is eligible to be a dependent child
shall be based on whether the alien is determined to be a child
under section 101(b)(6).
``(2) Long-term dependents.--If otherwise eligible, an
alien who is determined to be a child pursuant to section
101(b)(6)(B) may change status to, or extend status as, a
dependent child of a nonimmigrant with an approved employment-
based petition under this section or an approved application
under section 101(a)(15)(E), notwithstanding such alien's
marital status.
``(3) Employment authorization.--An alien admitted to the
United States as a dependent child of a nonimmigrant who is
described in this section is authorized to engage in employment
in the United States incident to status.''.
(e) Priority Date Retention.--Section 203(h) of the Immigration and
Nationality Act (8 U.S.C. 1153(h)) is amended--
(1) by striking the subsection heading and inserting
``Retention Of Priority Dates'';
(2) by striking paragraphs (1) through (4);
(3) by redesignating paragraph (5) as paragraph (3); and
(4) by inserting before paragraph (3) the following:
``(1) In general.--The priority date for an individual
shall be the date on which a petition under section 204 is
filed with the Secretary of Homeland Security or the Secretary
of State, as applicable, unless such petition was preceded by
the filing of a labor certification with the Secretary of
Labor, in which case the date on which the labor certification
is filed shall be the priority date.
``(2) Applicability.--The principal beneficiary and all
derivative beneficiaries shall retain the priority date
associated with the earliest of any approved petition or labor
certification, and such priority date shall be applicable to
any subsequently approved petition.''.
TITLE III--EMPLOYMENT AND STUDENT VISAS
SEC. 3301. SPOUSES AND MINOR CHILDREN OF WORKERS.
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(1)), as amended by this division, is further amended by adding
at the end the following:
``(I) Aliens described in section 203(d) if
accompanying or following to join their spouse or
parent who has been admitted for lawful permanent
resident status under section 203(b).''.
SEC. 3302. WAGES RECEIVED BY NONRESIDENT ALIEN INDIVIDUALS DURING
OPTIONAL PRACTICAL TRAINING SUBJECT TO SOCIAL SECURITY
TAXES.
(a) In General.--Section 3121(b)(19) of the Internal Revenue Code
of 1986 is amended by inserting ``(other than any period in which such
individual performs service pursuant to optional practical training)''
after ``as amended''.
(b) Effective Date.--The amendment made by this section shall apply
to services performed in calendar quarters beginning after the date of
the enactment of this division.
SEC. 3303. INDIVIDUALS WITH DOCTORAL DEGREES IN STEM FIELDS RECOGNIZED
AS INDIVIDUALS HAVING EXTRAORDINARY ABILITY.
Section 101(a)(15)(O)(i) of the Immigration and Nationality Act
(INA) is amended by inserting after ``extensive documentation'' the
following: ``or, with regard to a field of science, technology,
engineering, or mathematics, has earned a doctoral degree in at least
one of such fields, or in a health profession, from an institution of
higher education in the United States (as defined in section 101(a) of
the Higher Education Act of 1965 (20 U.S.C. 1001(a)))''.
SEC. 3304. MODERNIZING VISAS FOR STUDENTS.
(a) Modification of Student Nonimmigrant Visa Category.--Section
101(a)(15)(F)(i) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(F)(i)) is amended--
(1) by striking ``having a residence in a foreign country
which he has no intention of abandoning,'';
(2) by striking ``and solely''; and
(3) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security''.
(b) Dual Intent.--Section 214(h) of the Immigration and Nationality
Act (8 U.S.C. 1184(h)) is amended to read as follows:
``(h) Dual Intent.--The fact that an alien is, or intends to be,
the beneficiary of an application for a preference status filed under
section 204, seeks a change or adjustment of status after completing a
legitimate period of nonimmigrant stay, or has otherwise sought
permanent residence in the United States shall not constitute evidence
of intent to abandon a foreign residence that would preclude the alien
from obtaining or maintaining--
``(1) a visa or admission as a nonimmigrant described in
subparagraph (E), (F)(i), (F)(ii), (H)(i)(b), (H)(i)(c), (L),
(O), (P), (R), or (V) of section 101(a)(15); or
``(2) the status of a nonimmigrant described in any such
subparagraph.''.
SEC. 3305. RESOURCES FOR VISA PROCESSING.
(a) Coordinator.--The Secretary of State, Secretary of Labor, and
Secretary of Homeland Security shall jointly appoint an Immigration
Agency Coordinator to oversee the immigration functions at United
States Citizenship and Immigration Services, the Department of Labor,
and the Department of State.
(b) Duties.--It shall be the duty of the Immigration Agency
Coordinator--
(1) to provide recommendations to harmonize agency efforts
with respect to filing and processing of immigration petitions,
visas, and labor certifications; and
(2) to work to ensure filing and processing information
from each agency is available to the other agencies.
(c) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal year 2026--
(1) $2,560,000,000 to the Operations and Support Account at
United States Citizenship and Immigration Services;
(2) $825,000,000 to the Bureau of Consular Affairs and Visa
Service at the Department of State; and
(3) $225,000,000 to the Office of Foreign Labor
Certification at the U.S. Department of Labor.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, Transportation and Infrastructure, Education and Workforce, Oversight and Government Reform, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, Transportation and Infrastructure, Education and Workforce, Oversight and Government Reform, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, Transportation and Infrastructure, Education and Workforce, Oversight and Government Reform, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, Transportation and Infrastructure, Education and Workforce, Oversight and Government Reform, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, Transportation and Infrastructure, Education and Workforce, Oversight and Government Reform, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, Transportation and Infrastructure, Education and Workforce, Oversight and Government Reform, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, Transportation and Infrastructure, Education and Workforce, Oversight and Government Reform, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.