No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3348 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3348
To authorize the cancellation of removal and adjustment of status of
certain individuals who are long-term United States residents and who
entered the United States as children, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 4, 2025
Mr. Durbin (for himself and Ms. Murkowski) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To authorize the cancellation of removal and adjustment of status of
certain individuals who are long-term United States residents and who
entered the United States as children, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dream Act of 2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) In general.--Except as otherwise specifically provided,
any term used in this Act that is used in the immigration laws
shall have the meaning given such term in the immigration laws.
(2) Applicable federal tax liability.--The term
``applicable Federal tax liability'' means liability for
Federal taxes imposed under the Internal Revenue Code of 1986,
including any penalties and interest on Federal taxes imposed
under that Code.
(3) Armed forces.--The term ``Armed Forces'' has the
meaning given the term ``armed forces'' in section 101 of title
10, United States Code.
(4) DACA.--The term ``DACA'' means deferred action granted
to an alien pursuant to the Deferred Action for Childhood
Arrivals program announced by President Obama 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) Early childhood education program.--The term ``early
childhood education program'' has the meaning given such term
in section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003).
(7) Elementary school; high school; secondary school.--The
terms ``elementary school'', ``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).
(8) 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)).
(9) 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.
(10) Permanent resident status on a conditional basis.--The
term ``permanent resident status on a conditional basis'' means
status as an alien lawfully admitted for permanent residence on
a conditional basis under this Act.
(11) Poverty line.--The term ``poverty line'' has the
meaning given such term in section 673 of the Community
Services Block Grant Act (42 U.S.C. 9902).
(12) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Homeland
Security.
(13) Uniformed services.--The term ``Uniformed Services''
has the meaning given the term ``uniformed services'' in
section 101(a) of title 10, United States Code.
SEC. 3. 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, 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 under this Act.
(b) Requirements.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary shall cancel the removal of, and adjust to
the status of an alien lawfully admitted for permanent
residence on a conditional basis, an alien who is inadmissible
or deportable from the United States, is in 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 described in 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 the date that is 4
years before the date of the enactment of this Act;
(B) the alien was younger than 18 years of age on
the date on which the alien initially entered the
United States;
(C) subject to paragraphs (2) and (3), the alien--
(i) is not inadmissible under paragraph
(2), (3), (6)(E), (6)(G), (8), (10)(A),
(10)(C), or (10)(D) 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) has not been convicted of--
(I) any offense under Federal or
State law, other than a State offense
for which an essential element is the
alien's immigration status, that is
punishable by a maximum term of
imprisonment of more than 1 year; or
(II) 3 or more offenses under
Federal or State law, other than State
offenses for which an essential element
is the alien's immigration status, for
which the alien was convicted on
different dates for each of the 3
offenses and imprisoned for an
aggregate of 90 days or more;
(D) the alien--
(i) has been admitted to an institution of
higher education;
(ii) has earned a high school diploma or a
commensurate alternative award from a public or
private high school, or has obtained a general
education development certificate recognized
under State law or a high school equivalency
diploma in the United States;
(iii) is enrolled in secondary school or in
an education program assisting students in--
(I) obtaining a regular high school
diploma or its recognized equivalent
under State law; or
(II) in passing a general
educational development exam, a high
school equivalence diploma examination,
or other similar State-authorized exam;
or
(iv)(I) has served, is serving, or has
enlisted in the Armed Forces; or
(II) in the case of an alien who has been
discharged from the Armed Forces, has received
an honorable discharge; and
(E) the alien has sworn under penalty of perjury
that the alien--
(i) has no unpaid applicable Federal tax
liability, which is assessed and is not being
disputed;
(ii) has entered into an agreement to
resolve any such assessed and undisputed
Federal tax liability (via an installment
agreement, an offer in compromise, or
otherwise) which has been approved by the
Commissioner of Internal Revenue; or
(iii) has applied in good faith to enter
into an agreement to resolve any such assessed
and undisputed Federal tax liability, which has
not been rejected by the Commissioner of
Internal Revenue.
(2) Waiver.--With respect to any benefit under this Act,
the Secretary may waive the grounds of inadmissibility under
paragraph (2), (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 or family unity or if the waiver is
otherwise in the public interest.
(3) Treatment of expunged convictions.--An expunged
conviction shall not automatically be treated as an offense
under paragraph (1). The Secretary shall evaluate expunged
convictions on a case-by-case basis according to the nature and
severity of the offense to determine whether, under the
particular circumstances, the Secretary determines that the
alien should be eligible for cancellation of removal,
adjustment to permanent resident status on a conditional basis,
or other adjustment of status.
(4) DACA recipients.--The Secretary shall cancel the
removal of, and adjust to the status of an alien lawfully
admitted for permanent residence on a conditional basis, an
alien who was granted DACA unless the alien has engaged in
conduct since the alien was granted DACA that would make the
alien ineligible for DACA.
(5) Application fee.--
(A) In general.--The Secretary may require an alien
applying for permanent resident status on a conditional
basis under this section to pay a reasonable fee that
is commensurate with the cost of processing the
application.
(B) Exemption.--An applicant may be exempted from
paying the fee required under subparagraph (A) if the
alien--
(i)(I) is younger than 18 years of age;
(II) received total income, during the 12-
month period immediately preceding the date on
which the alien files an application under this
section, that is less than 150 percent of the
poverty line; and
(III) is in foster care or otherwise
lacking any parental or other familial support;
(ii) is younger than 18 years of age and is
homeless;
(iii)(I) cannot care for himself or herself
because of a serious, chronic disability; and
(II) received total income, during the 12-
month period immediately preceding the date on
which the alien files an application under this
section, that is less than 150 percent of the
poverty line; or
(iv)(I) during the 12-month period
immediately preceding the date on which the
alien files an application under this section,
accumulated $10,000 or more in debt as a result
of unreimbursed medical expenses incurred by
the alien or an immediate family member of the
alien; and
(II) received total income, during the 12-
month period immediately preceding the date on
which the alien files an application under this
section, that is less than 150 percent of the
poverty line.
(6) Submission of biometric and biographic data.--The
Secretary may not grant an alien permanent resident status on a
conditional basis under this section 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.
(7) Background checks.--
(A) Requirement for background checks.--The
Secretary shall utilize biometric, biographic, and
other data that the Secretary determines appropriate--
(i) to conduct security and law enforcement
background checks of an alien seeking permanent
resident status on a conditional basis under
this section; and
(ii) to determine whether there is any
criminal, national security, or other factor
that would render the alien ineligible for such
status.
(B) Completion of background checks.--The security
and law enforcement background checks of an alien
required under subparagraph (A) shall be completed, to
the satisfaction of the Secretary, before the date on
which the Secretary grants such alien permanent
resident status on a conditional basis under this
section.
(8) Medical examination.--
(A) Requirement.--An alien applying for permanent
resident status on a conditional basis under this
section shall undergo a medical examination.
(B) Policies and procedures.--The Secretary, with
the concurrence of the Secretary of Health and Human
Services, shall prescribe policies and procedures for
the nature and timing of the examination required under
subparagraph (A).
(9) Military selective service.--An alien applying for
permanent resident status on a conditional basis under this
section 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) Determination of Continuous Presence.--
(1) Termination of continuous period.--Any period of
continuous physical presence in the United States of an alien
who applies for permanent resident status on a conditional
basis under this section 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)).
(2) Treatment of certain breaks in presence.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), an alien shall be considered
to have failed to maintain continuous physical presence
in the United States under subsection (b)(1)(A) 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.
(B) Extensions for extenuating circumstances.--The
Secretary may extend the time periods described in
subparagraph (A) for an alien who demonstrates that the
failure to timely return to the United States was due
to extenuating circumstances beyond the alien's
control, including the serious illness of the alien, or
death or serious illness of a parent, grandparent,
sibling, or child of the alien.
(C) 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 subparagraph (A).
(d) Limitation on Removal of Certain Aliens.--
(1) In general.--The Secretary or the Attorney General may
not remove an alien who appears prima facie eligible for relief
under this section.
(2) Aliens subject to removal.--The Secretary shall provide
a reasonable opportunity to apply for relief under this section
to any alien who requests such an opportunity or who appears
prima facie eligible for relief under this section if the alien
is in removal proceedings, is the subject of a final removal
order, or is the subject of a voluntary departure order.
(3) Certain aliens enrolled in elementary or secondary
school.--
(A) Stay of removal.--The Attorney General shall
stay the removal proceedings of an alien who--
(i) meets all the requirements under
subparagraphs (A), (B), and (C) of subsection
(b)(1), subject to paragraphs (2) and (3) of
such subsection;
(ii) is at least 5 years of age; and
(iii) is enrolled in an elementary school,
a secondary school, or an early childhood
education program.
(B) Commencement of removal proceedings.--The
Secretary may not commence removal proceedings for an
alien described in subparagraph (A).
(C) Employment.--An alien whose removal is stayed
pursuant to subparagraph (A) or who may not be placed
in removal proceedings pursuant to subparagraph (B)
shall, upon application to the Secretary, be granted an
employment authorization document.
(D) Lift of stay.--The Secretary or Attorney
General may not lift the stay granted to an alien under
subparagraph (A) unless the alien ceases to meet the
requirements under such subparagraph.
(e) Exemption From Numerical Limitations.--Nothing in this section
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 on a
conditional basis under this Act.
SEC. 4. 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 8 years, unless such period is
extended by the Secretary; and
(2) subject to termination under subsection (c).
(b) Notice of Requirements.--At the time an alien obtains permanent
resident status on a conditional basis, the Secretary shall provide
notice to the alien regarding the provisions of this Act and the
requirements to have the conditional basis of such status removed.
(c) Termination of Status.--The Secretary may terminate the
permanent resident status on a conditional basis of an alien only if
the Secretary--
(1) determines that the alien ceases to meet the
requirements under paragraph (1)(C) of section 3(b), subject to
paragraphs (2) and (3) of that section; and
(2) prior to the termination, provides the alien--
(A) notice of the proposed termination; and
(B) the opportunity for a hearing to provide
evidence that the alien meets such requirements or
otherwise contest the termination.
(d) Return to Previous Immigration Status.--
(1) In general.--Except as provided in paragraph (2), an
alien whose permanent resident status on a conditional basis
expires under subsection (a)(1) or is terminated under
subsection (c) or whose application for such status is denied
shall return to the immigration status that the alien had
immediately before receiving permanent resident status on a
conditional basis or applying for such status, as appropriate.
(2) Special rule for temporary protected status.--An alien
whose permanent resident status on a conditional basis expires
under subsection (a)(1) or is terminated under subsection (c)
or whose application for such status is denied and who had
temporary protected status under section 244 of the Immigration
and Nationality Act (8 U.S.C. 1254a) immediately before
receiving or applying for such permanent resident status on a
conditional basis, as appropriate, may not return to such
temporary protected status if--
(A) the relevant designation under section 244(b)
of the Immigration and Nationality Act (8 U.S.C.
1254a(b)) has been terminated; or
(B) the Secretary determines that the reason for
terminating the permanent resident status on a
conditional basis renders the alien ineligible for such
temporary protected status.
SEC. 5. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT STATUS.
(a) Eligibility for Removal of Conditional Basis.--
(1) In general.--Subject to paragraph (2), the Secretary
shall remove the conditional basis of an alien's permanent
resident status granted under this Act and grant the alien
status as an alien lawfully admitted for permanent residence if
the alien--
(A) is described in paragraph (1)(C) of section
3(b), subject to paragraphs (2) and (3) of that
section;
(B) has not abandoned the alien's residence in the
United States; and
(C)(i) has acquired a degree from an institution of
higher education or has completed at least 2 years, in
good standing, in a program for a bachelor's degree or
higher degree in the United States;
(ii) has served in the Armed Forces for at least 2
years and, if discharged, received an honorable
discharge; or
(iii) has been employed for periods totaling at
least 3 years and at least 75 percent of the time that
the alien has had a valid employment authorization,
except that any period during which the alien is not
employed while having a valid employment authorization
and is enrolled in an institution of higher education,
a secondary school, or an education program described
in section 3(b)(1)(D)(iii), shall not count toward the
time requirements under this clause.
(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 of
a minor child; or
(iii) the removal of the alien from the
United States would result in extreme hardship
to the alien or the alien's spouse, parent, or
child who is a national of the United States or
is lawfully admitted for permanent residence.
(3) Citizenship requirement.--
(A) In general.--Except as provided in subparagraph
(B), the conditional basis of an alien's permanent
resident status granted under this Act may not be
removed unless the alien demonstrates that the alien
satisfies the requirements under section 312(a) of the
Immigration and Nationality Act (8 U.S.C. 1423(a)).
(B) Exception.--Subparagraph (A) shall not apply to
an alien who is unable to meet the requirements under
such section 312(a) due to disability.
(4) Application fee.--
(A) In general.--The Secretary may require aliens
applying for lawful permanent resident status under
this section to pay a reasonable fee that is
commensurate with the cost of processing the
application.
(B) Exemption.--An applicant may be exempted from
paying the fee required under subparagraph (A) if the
alien--
(i)(I) is younger than 18 years of age;
(II) received total income, during the 12-
month period immediately preceding the date on
which the alien files an application under this
section, that is less than 150 percent of the
poverty line; and
(III) is in foster care or otherwise
lacking any parental or other familial support;
(ii) is younger than 18 years of age and is
homeless;
(iii)(I) cannot care for himself or herself
because of a serious, chronic disability; and
(II) received total income, during the 12-
month period immediately preceding the date on
which the alien files an application under this
section, that is less than 150 percent of the
poverty line; or
(iv)(I) during the 12-month period
immediately preceding the date on which the
alien files an application under this section,
the alien accumulated $10,000 or more in debt
as a result of unreimbursed medical expenses
incurred by the alien or an immediate family
member of the alien; and
(II) received total income, during the 12-
month period immediately preceding the date on
which the alien files an application under this
section, that is less than 150 percent of the
poverty line.
(5) Submission of biometric and biographic data.--The
Secretary may not remove the conditional basis of an alien's
permanent resident status unless the alien submits biometric
and biographic data, in accordance with procedures established
by the Secretary. The Secretary shall provide an alternative
procedure for applicants who are unable to provide such
biometric data because of a physical impairment.
(6) Background checks.--
(A) Requirement for background checks.--The
Secretary shall utilize biometric, biographic, and
other data that the Secretary determines appropriate--
(i) to conduct security and law enforcement
background checks of an alien applying for
removal of the conditional basis of the alien's
permanent resident status; and
(ii) to determine whether there is any
criminal, national security, or other factor
that would render the alien ineligible for
removal of such conditional basis.
(B) Completion of background checks.--The security
and law enforcement background checks of an alien
required under subparagraph (A) shall be completed, to
the satisfaction of the Secretary, before the date on
which the Secretary removes the conditional basis of
the alien's permanent resident status.
(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.
SEC. 6. DOCUMENTATION REQUIREMENTS.
(a) Documents Establishing Identity.--An alien's application for
permanent resident status on a conditional basis may include, as proof
of identity--
(1) a passport or national identity document from the
alien's country of origin that includes the alien's name and
the alien's photograph or fingerprint;
(2) the alien's birth certificate and an identity card that
includes the alien's name and photograph;
(3) a school identification card that includes the alien's
name and photograph, and school records showing the alien's
name and that the alien is or was enrolled at the school;
(4) a Uniformed Services identification card issued by the
Department of Defense;
(5) any immigration or other document issued by the United
States Government bearing the alien's name and photograph; or
(6) a State-issued identification card bearing the alien's
name and photograph.
(b) Documents Establishing Continuous Physical Presence in the
United States.--To establish that an alien has been continuously
physically present in the United States, as required under section
3(b)(1)(A), or to establish that an alien has not abandoned residence
in the United States, as required under section 5(a)(1)(B), the alien
may submit documents to the Secretary, including--
(1) employment records that include the employer's name and
contact information;
(2) records from any educational institution the alien has
attended in the United States;
(3) records of service from the Uniformed Services;
(4) official records from a religious entity confirming the
alien's participation in a religious ceremony;
(5) passport entries;
(6) a birth certificate for a child who was born in the
United States;
(7) automobile license receipts or registration;
(8) deeds, mortgages, or rental agreement contracts;
(9) tax receipts;
(10) insurance policies;
(11) remittance records;
(12) 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;
(13) copies of money order receipts for money sent in or
out of the United States;
(14) dated bank transactions; or
(15) 2 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.
(c) Documents Establishing Initial Entry Into the United States.--
To establish under section 3(b)(1)(B) that an alien was younger than 18
years of age on the date on which the alien initially entered the
United States, an alien may submit documents to the Secretary,
including--
(1) an admission stamp on the alien's passport;
(2) records from any educational institution the alien has
attended in the United States;
(3) any document from the Department of Justice or the
Department of Homeland Security stating the alien's date of
entry into the United States;
(4) 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;
(5) 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;
(6) employment records that include the employer's name and
contact information;
(7) official records from a religious entity confirming the
alien's participation in a religious ceremony;
(8) a birth certificate for a child who was born in the
United States;
(9) automobile license receipts or registration;
(10) deeds, mortgages, or rental agreement contracts;
(11) tax receipts;
(12) travel records;
(13) copies of money order receipts sent in or out of the
country;
(14) dated bank transactions;
(15) remittance records; or
(16) insurance policies.
(d) 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 shall 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.
(e) 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
shall submit to the Secretary a diploma or other document from the
institution stating that the alien has received such a degree.
(f) Documents Establishing Receipt of High School Diploma, General
Educational Development Certificate, or a Recognized Equivalent.--To
establish that an alien has earned a high school diploma or a
commensurate alternative award from a public or private high school, or
has obtained a general educational development certificate recognized
under State law or a high school equivalency diploma in the United
States, the alien shall submit to the Secretary--
(1) a high school diploma, certificate of completion, or
other alternate award;
(2) a high school equivalency diploma or certificate
recognized under State law; or
(3) evidence that the alien passed a State-authorized exam,
including the general educational development exam, in the
United States.
(g) Documents Establishing Enrollment in an Educational Program.--
To establish that an alien is enrolled in any school or education
program described in section 3(b)(1)(D)(iii), 3(d)(3)(A)(iii), or
5(a)(1)(C), the alien shall 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.
(h) Documents Establishing Exemption From Application Fees.--To
establish that an alien is exempt from an application fee under section
3(b)(5)(B) or 5(a)(4)(B), the alien shall submit to the Secretary the
following relevant documents:
(1) Documents to establish age.--To establish that an alien
meets an age requirement, the alien shall provide proof of
identity, as described in subsection (a), that establishes that
the alien is younger than 18 years of age.
(2) Documents to establish income.--To establish the
alien's income, the alien shall provide--
(A) employment 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 2 sworn affidavits from individuals
who are not related to the alien and who have direct
knowledge of the alien's work and income that contain--
(i) the name, address, and telephone number
of the affiant; and
(ii) the nature and duration of the
relationship between the affiant and the alien.
(3) Documents to establish foster care, lack of familial
support, homelessness, or serious, chronic disability.--To
establish that the alien was in foster care, lacks parental or
familial support, is homeless, or has a serious, chronic
disability, the alien shall provide at least 2 sworn affidavits
from individuals who are not related to the alien and who have
direct knowledge of the circumstances that contain--
(A) a statement that the alien is in foster care,
otherwise lacks any parental or other familiar support,
is homeless, 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.
(4) Documents to establish unpaid medical expense.--To
establish that the alien has debt as a result of unreimbursed
medical expenses, the alien shall provide receipts or other
documentation from a medical provider that--
(A) bear the provider's name and address;
(B) bear the name of the individual receiving
treatment; and
(C) document that the alien has accumulated $10,000
or more in debt in the past 12 months as a result of
unreimbursed medical expenses incurred by the alien or
an immediate family member of the alien.
(i) Documents Establishing Qualification for Hardship Exemption.--
To establish that an alien satisfies one of the criteria for the
hardship exemption set forth in section 5(a)(2)(C), the alien shall
submit to the Secretary at least 2 sworn affidavits from individuals
who are not related to the alien and who have direct knowledge of the
circumstances that warrant the exemption, that contain--
(1) the name, address, and telephone number of the affiant;
and
(2) the nature and duration of the relationship between the
affiant and the alien.
(j) Documents Establishing Service in the Armed Forces.--To
establish that an alien has served in the Armed Forces for at least 2
years and, if discharged, received an honorable discharge, the alien
shall submit to the Secretary official service records showing the
character of the alien's service.
(k) Documents Establishing Employment.--
(1) In general.--An alien may satisfy the employment
requirement under section 5(a)(1)(C)(iii) by submitting records
that--
(A) establish compliance with such employment
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 employment
requirement by submitting at least 2 types of reliable
documents that provide evidence of employment, including--
(A) bank records;
(B) business records;
(C) employer 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;
and
(F) remittance records.
(l) 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
on a conditional basis is being obtained fraudulently to an
unacceptable degree, the Secretary may prohibit or restrict the use of
such document or class of documents.
SEC. 7. RULEMAKING.
(a) Initial Publication.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall publish regulations
implementing this Act in the Federal Register. Such regulations shall
allow eligible individuals to immediately apply affirmatively for the
relief available under section 3 without being placed in removal
proceedings.
(b) Interim Regulations.--Notwithstanding section 553 of title 5,
United States Code, the regulations published pursuant to subsection
(a) shall be effective, on an interim basis, immediately upon
publication in the Federal Register, but may be subject to change and
revision after public notice and opportunity for a period of public
comment.
(c) Final Regulations.--Not later than 180 days after the date on
which interim regulations are published under this section, the
Secretary shall publish final regulations implementing this Act.
(d) Paperwork Reduction Act.--The requirements under chapter 35 of
title 44, United States Code (commonly known as the ``Paperwork
Reduction Act''), shall not apply to any action to implement this Act.
SEC. 8. CONFIDENTIALITY OF INFORMATION.
(a) In General.--The Secretary may not disclose or use information
provided in applications filed under this Act or in requests for DACA
for the purpose of immigration enforcement.
(b) Referrals Prohibited.--The Secretary may not refer any
individual who has been granted permanent resident status on a
conditional basis or who was granted DACA 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 permanent resident status on
a conditional basis or a request for DACA may be shared with Federal
security and law enforcement agencies--
(1) for assistance in the consideration of an application
for permanent resident status on a conditional basis;
(2) to identify or prevent fraudulent claims;
(3) for national security purposes; or
(4) for the investigation or prosecution of any felony 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary. (text: CR S8509-8512)
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