[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1291 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1291
To amend the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 to permit States to determine State residency for higher
education purposes and to authorize the cancellation of removal and
adjustment of status of certain alien college-bound students who are
long-term United States residents.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2001
Mr. Hatch introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 to permit States to determine State residency for higher
education purposes and to authorize the cancellation of removal and
adjustment of status of certain alien college-bound students who are
long-term United States residents.
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 ``Development, Relief, and Education
for Alien Minors Act'' or ``DREAM Act''.
SEC. 2. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES
OF HIGHER EDUCATION BENEFITS.
Section 505 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat
3009-672; 8 U.S.C. 1623) is repealed.
SEC. 3. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF CERTAIN
LONG-TERM RESIDENT STUDENTS.
(a) Special Rule for Children in Qualified Institutions of Higher
Education.--
(1) In general.--Notwithstanding any other provision of law
and subject to paragraph (2), the Attorney General may cancel
removal of, and adjust to the status of an alien lawfully
admitted for permanent residence, subject to the conditional
basis described in section 4, an alien who is inadmissible or
deportable from the United States, if the alien demonstrates
that--
(A) the alien has applied for relief under this
subsection not later than two years after the date of
enactment of this Act;
(B) the alien has not, at the time of application,
attained the age of 21;
(C) the alien, at the time of application, is
attending an institution of higher education in the
United States (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001));
(D) the alien was physically present in the United
States on the date of the enactment of this Act and has
been physically present in the United States for a
continuous period of not less than five years
immediately preceding the date of enactment of this
Act;
(E) the alien has been a person of good moral
character during such period; and
(F) the alien is not inadmissible under section
212(a)(2) or 212(a)(3) or deportable under section
237(a)(2) or 237(a)(4).
(2) Procedures.--The Attorney General shall provide a
procedure by regulation allowing eligible individuals to apply
affirmatively for the relief available under this paragraph
without being placed in removal proceedings.
(b) Termination of Continuous Period.--For purposes of this
section, any period of continuous residence or continuous physical
presence in the United States of an alien who applies for cancellation
of removal 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.
(c) Treatment of Certain Breaks in Presence.--An alien shall be
considered to have failed to maintain continuous physical presence in
the United States under subsection (a) if the alien has departed from
the United States for any period in excess of 90 days or for any
periods in the aggregate exceeding 180 days.
(d) Statutory Construction.--Nothing in this section may be
construed to apply a numerical limitation on the number of aliens who
may be eligible for cancellation of removal or adjustment of status
under this section.
(e) Regulations.--
(1) Proposed regulations.--Not later than 90 days after the
date of the enactment of this Act, the Attorney General shall
publish proposed regulations implementing this section.
(2) Interim, final regulations.--Not later than 180 days
after the date of the enactment of this Act, the Attorney
General shall publish final regulations implementing this
section. Such regulations shall be effective immediately on an
interim basis, but are subject to change and revision
after public notice and opportunity for a period for public comment.
SEC. 4. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN LONG-TERM
RESIDENT STUDENTS.
(a) In General.--
(1) Conditional basis for status.--Notwithstanding any
other provision of this Act, an alien whose status has been
adjusted under section 3 to that of an alien lawfully admitted
for permanent residence shall be considered, at the time of
obtaining the adjustment of status, to have obtained such
status on a conditional basis subject to the provisions of this
section.
(2) Notice of requirements.--
(A) At time of obtaining permanent residence.--At
the time an alien obtains permanent resident status on
a conditional basis under paragraph (1), the Attorney
General shall provide for notice to such alien
respecting the provisions of this section and the
requirements of subsection (c)(1) to have the
conditional basis of such status removed.
(B) At time of required petition.--In addition, the
Attorney General shall attempt to provide notice to
such an alien, at or about the date of the alien's
graduation from an institution of higher education of
the requirements of subsection (c)(1).
(C) Effect of failure to provide notice.--The
failure of the Attorney General to provide a notice
under this paragraph shall not affect the enforcement
of the provisions of this section with respect to such
an alien.
(b) Termination of Status if Finding That Qualifying Education
Improper.--
(1) In general.--In the case of an alien with permanent
resident status on a conditional basis under subsection (a), if
the Attorney General determines that the alien is no longer a
student in good standing at an accredited institution of higher
education, the Attorney General shall so notify the alien and,
subject to paragraph (2), shall terminate the permanent
resident status of the alien as of the date of the
determination.
(2) Hearing in removal proceeding.--Any alien whose
permanent resident status is terminated under paragraph (1) may
request a review of such determination in a proceeding to
remove the alien. In such proceeding, the burden of proof shall
be on the alien to establish, by a preponderance of the
evidence, that the condition described in paragraph (1) is not
met.
(c) Requirements of Timely Petition for Removal of Condition.--
(1) In general.--In order for the conditional basis
established under subsection (a) for an alien to be removed the
alien must submit to the Attorney General, during the period
described in subsection (d)(2), a petition which requests the
removal of such conditional basis and which states, under
penalty of perjury, the facts and information described in
subsection (d)(1).
(2) Termination of permanent resident status for failure to
file petition.--
(A) In general.--In the case of an alien with
permanent resident status on a conditional basis under
subsection (a), if no petition is filed with respect to
the alien in accordance with the provisions of
paragraph (1), the Attorney General shall terminate the
permanent resident status of the alien as of the 90th
day after the graduation of the alien from an
institution of higher education.
(B) Hearing in removal proceeding.--In any removal
proceeding with respect to an alien whose permanent
resident status is terminated under subparagraph (A),
the burden of proof shall be on the alien to establish
compliance with the condition of paragraph (1).
(3) Determination after petition and interview.--
(A) In general.--If a petition is filed in
accordance with the provisions of paragraph (1), the
Attorney General shall make a determination, within 90
days, as to whether the facts and information described
in subsection (d)(1) and alleged in the petition are
true with respect to the alien's education.
(B) Removal of conditional basis if favorable
determination.--If the Attorney General determines that
such facts and information are true, the Attorney
General shall so notify the alien and shall remove the
conditional basis of the status of the alien effective
as of the 90th day after the alien's graduation from an
institution of higher education.
(C) Termination if adverse determination.--If the
Attorney General determines that such facts and
information are not true, the Attorney General shall so
notify the alien and, subject to subparagraph (D),
shall terminate the permanent resident status of an alien as of the
date of the determination.
(D) Hearing in removal proceeding.--Any alien whose
permanent resident status is terminated under
subparagraph (C) may request a review of such
determination in a proceeding to remove the alien. In
such proceeding, the burden of proof shall be on the
Attorney General to establish, by a preponderance of
the evidence, that the facts and information described
in subsection (d)(1) and alleged in the petition are
not true with respect to the alien's education.
(d) Details of Petition.--
(1) Contents of petition.--Each petition under subsection
(c)(1)(A) shall contain the following facts and information:
(A) The alien graduated from an institution of
higher education, as evidenced by an official report
from the registrar--
(i) within six years, in the case of a
four-year bachelor's degree program; or
(ii) within four years, in the case of the
degree program of a two-year institution.
(B) The alien maintained good moral character.
(C) The alien has not been convicted of any offense
described in section 237(a)(2) or 237(a)(4).
(D) The alien has maintained continuous physical
residence in the United States.
(2) Period for filing petition.--The petition under
subsection (c)(1)(A) must be filed during the 90-day period
after the alien's graduation from a institution of higher
education.
(e) Treatment of Period for Purposes of Naturalization.--For
purposes of title III of the Immigration and Nationality Act, in the
case of an alien who is in the United States as a lawful permanent
resident on a conditional basis under this section, the alien shall be
considered to have been admitted as an alien lawfully admitted for
permanent residence and to be in the United States as an alien lawfully
admitted to the United States for permanent residence.
(f) Treatment of Certain Waivers.--In the case of an alien who has
permanent residence status on a conditional basis under this section,
if, in order to obtain such status, the alien obtained a waiver under
subsection (h) or (i) of section 212 of the Immigration and Nationality
Act of certain grounds of inadmissibility, such waiver terminates upon
the termination of such permanent residence status under this section.
(g) Institution of Higher Education Defined.--In this section, the
term ``institution of higher education'' has the meaning given the term
in section 101 of the Higher Education Act of 1965 (20 U.S.C.1001).
SEC. 5. GAO REPORT.
Six years after the date of enactment of this Act, the Comptroller
General of the United States shall submit a report to the Committees on
the Judiciary of the Senate and the House of Representatives setting
forth--
(1) the number of aliens who were eligible for cancellation
of removal and adjustment of status during the application
period described in section 3(a)(1)(A);
(2) the number of aliens who applied for adjustment of
status under section 3(a);
(3) the number of aliens who were granted adjustment of
status under section 3(a); and
(4) the number of aliens with respect to whom the
conditional basis of their status was removed under section 4.
<all>