[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1545 Introduced in Senate (IS)]

  1st Session
                                S. 1545

 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 students who are long-term United 
                           States residents.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 31 (legislative day, July 21), 2003

  Mr. Hatch (for himself, Mr. Durbin, Mr. Lugar, Mr. Leahy, Mr. Craig, 
  Mr. Feingold, Mr. Crapo, and Mr. Grassley) 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 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 of 2003'' or ``DREAM Act''.

SEC. 2. DEFINITION OF INSTITUTION OF HIGHER EDUCATION.

    In this Act, 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. 3. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES 
              OF HIGHER EDUCATION BENEFITS.

    (a) In General.--Section 505 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.
    (b) Effective Date.--The repeal described in subsection (a) shall 
take effect as if included in the enactment of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996.

SEC. 4. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF CERTAIN 
              LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS 
              CHILDREN.

    (a) Special Rule for Aliens in Qualified Institutions of Higher 
Education.--
            (1) In general.--Notwithstanding any other provision of law 
        and except as otherwise provided in this Act, the Secretary of 
        Homeland Security 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 5, an 
        alien who is inadmissible or deportable from the United States, 
        if the alien demonstrates that--
                    (A) the alien has been physically present in the 
                United States for a continuous period of not less than 
                5 years immediately preceding the date of enactment of 
                this Act, and had not yet reached the age of 16 years 
                at the time of initial entry;
                    (B) the alien has been a person of good moral 
                character since the time of application;
                    (C) the alien--
                            (i) is not inadmissible under paragraph 
                        (2), (3), (6)(B), (6)(C), (6)(E), (6)(F), or 
                        (6)(G) of section 212(a) of the Immigration and 
                        Nationality Act (8 U.S.C. 1182(a)), or, if 
                        inadmissible solely under subparagraphs (C) and 
                        (F) of paragraph (6) of such section by reason 
                        of a false representation of United States 
                        citizenship, the alien was under the age of 16 
                        years when the representation was made and was 
                        not the principal applicant in the fraudulent 
                        or false application for benefit under the 
                        Immigration and Nationality Act (8 U.S.C. 1101 
                        et seq.); and
                            (ii) is not deportable under paragraph 
                        (1)(E), (1)(G), (2), (3)(B), (3)(C), (3)(D), 
                        (4), or (6) of section 237(a) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1227(a));
                    (D) the alien, at the time of application, has been 
                admitted to an institution of higher education, or has 
                earned a high school diploma or obtained a general 
                education development certificate; and
                    (E) the alien has never been under a final 
                administrative or judicial order of exclusion, 
                deportation, or removal, unless the alien has remained 
                in the United States under color of law or received the 
                order before attaining the age of 16 years.
                    (F) The Secretary of Homeland Security may waive 
                the grounds of ineligibility under section 212(a)(6) of 
                the Immigration and Nationality Act and the grounds of 
                deportability under paragraphs (1), (3), and (6) of 
                section 237(a) of that Act for humanitarian purposes or 
                family unity or when it is otherwise in the public 
                interest.
            (2) Procedures.--The Secretary of Homeland Security shall 
        provide a procedure by regulation allowing eligible individuals 
        to apply affirmatively for the relief available under this 
        subsection 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 (8 U.S.C. 1229(a)).
    (c) Treatment of Certain Breaks in Presence.--
            (1) In general.--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.
            (2) Extensions for exceptional circumstances.--The 
        Secretary of Homeland Security may extend the time periods 
        described in paragraph (1) if the alien demonstrates that the 
failure to timely return to the United States was due to exceptional 
circumstances. The exceptional circumstances determined sufficient to 
justify an extension should be no less compelling than serious illness 
of the alien, or death or serious illness of a parent, grandparent, 
sibling, or child.
    (d) Exemption From Numerical Limitations.--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 180 days after 
        the date of enactment of this Act, the Secretary of Homeland 
        Security shall publish proposed 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.
            (2) Interim, final regulations.--Within a reasonable time 
        after publication of the interim regulations in accordance with 
        paragraph (1), the Secretary of Homeland Security shall publish 
        final regulations implementing this section.
    (f) Removal of Alien.--The Secretary of Homeland Security shall not 
remove any alien who has a pending application for conditional status 
under this Act.

SEC. 5. CONDITIONAL PERMANENT RESIDENT STATUS.

    (a) In General.--
            (1) Conditional basis for status.--Notwithstanding any 
        other provision of law, and except as provided in section 6, an 
        alien whose status has been adjusted under section 4 to that of 
        an alien lawfully admitted for permanent residence shall be 
        considered to have obtained such status on a conditional basis 
        subject to the provisions of this section. Such conditional 
        resident status shall be valid for a period of 6 years, subject 
        to termination under subsection (b).
            (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 Secretary 
                of Homeland Security shall provide for notice to the 
                alien regarding the provisions of this section and the 
                requirements of subsection (c)(1) to have the 
                conditional basis of such status removed.
                    (B) Effect of failure to provide notice.--The 
                failure of the Secretary of Homeland Security to 
                provide a notice under this paragraph--
                            (i) shall not affect the enforcement of the 
                        provisions of this Act with respect to the 
                        alien; and
                            (ii) shall not give rise to any private 
                        right of action by the alien.
    (b) Termination of Status.--
            (1) In general.--The Secretary of Homeland Security shall 
        terminate the conditional permanent resident status of any 
        alien who obtained such status under this Act, if the Secretary 
        determines that the alien--
                    (A) has violated any provision of subparagraph (B) 
                or (C) of section 4(a)(1);
                    (B) has become a public charge; or
                    (C) in the case of an alien who received 
                conditional permanent resident status under section 
                4(a)(1)(B), has received a dishonorable or other than 
                honorable discharge from the Armed Forces of the United 
                States.
            (2) Return to previous immigration status.--Any alien whose 
        permanent resident status is terminated under paragraph (1) 
        shall return to the immigration status the alien had 
        immediately prior to receiving conditional permanent resident 
        status under this Act.
    (c) Requirements of Timely Petition for Removal of Condition.--
            (1) In general.--In order for the conditional basis of 
        permanent resident status obtained by an alien under subsection 
        (a) to be removed, the alien must file with the Secretary of 
        Homeland Security, in accordance with paragraph (3), 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) Adjudication of petition to remove condition.--
                    (A) In general.--If a petition is filed in 
                accordance with paragraph (1), the Secretary of 
                Homeland Security shall make a determination as to 
                whether the facts and information described in 
                subsection (d)(1) and alleged in the petition are true 
                with respect to the eligibility of the alien.
                    (B) Removal of conditional basis if favorable 
                determination.--If the Secretary of Homeland Security 
                determines that the facts and information alleged in 
                the petition are true, the Secretary of Homeland 
                Security shall so notify the alien and shall 
                immediately remove the conditional basis of the status 
                of the alien.
                    (C) Termination if adverse determination.--If the 
                Secretary of Homeland Security determines that such 
                facts and information alleged in the petition are not 
                true, the Secretary of Homeland Security shall so 
                notify the alien and shall terminate the permanent 
                resident status of the alien as of the date of the 
                determination.
            (3) Time to file petition.--An alien may petition to remove 
        the conditional basis to lawful resident status during the 
        period beginning 180 days before and ending 2 years after 
        either the date that is 6 years after the date of the granting 
        of conditional resident status or any other expiration date of 
        the conditional resident status as extended by the Secretary of 
        Homeland Security in accordance with this Act. The alien shall 
        be deemed in lawful status in the United States during the 
period in which the petition is pending.
    (d) Details of Petition.--
            (1) Contents of petition.--Each petition under subsection 
        (c)(1) shall contain the following facts and information:
                    (A) The alien maintained good moral character 
                during the entire period the alien has been a 
                conditional permanent resident.
                    (B) The alien continues to be in compliance with 
                subparagraphs (B) and (C) of section 4(a)(1).
                    (C) The alien has maintained continuous physical 
                residence in the United States since adjustment of 
                status to that of a conditional permanent resident. For 
                the purpose of determining continuous physical presence 
                under this subparagraph, section 4(c) shall apply.
                    (D) The alien has completed at least 1 of the 
                following:
                            (i) The alien has acquired a degree from an 
                        institution of higher education or has been a 
                        student in good standing for at least 2 years 
                        in a program for a bachelor's degree or higher 
                        degree.
                            (ii) The alien has served in the Armed 
                        Forces of the United States for at least 2 
                        years and, if discharged, has received an 
                        honorable discharge.
                            (iii) The alien has performed at least 910 
                        hours of volunteer community service in a 
                        program of an organization that has been 
                        determined to be eligible to receive funds from 
                        the Combined Federal Campaign administered by 
                        the United States Office of Personnel 
                        Management or a program approved by the 
                        Secretary of Homeland Security in consultation 
                        with the Director of U.S.A. Freedom Corps.
            (2) Hardship exception.--
                    (A) In general.--The Secretary of Homeland Security 
                may, in the Secretary's discretion, remove the 
                conditional status of an alien if the alien--
                            (i) satisfies the requirements of 
                        subparagraphs (A), (B), and (C) of paragraph 
                        (1);
                            (ii) demonstrates compelling circumstances 
                        for the inability to complete the requirements 
                        described in paragraph (1)(D); and
                            (iii) demonstrates that the alien's removal 
                        from the United States would result in 
                        exceptional and extremely unusual hardship to 
                        the alien or the alien's spouse, parent, or 
                        child who is a citizen or a lawful permanent 
                        resident of the United States.
                    (B) Extension.--Upon a showing of good cause, the 
                Secretary of Homeland Security may also extend the 
                validity period of the conditional resident status for 
                the purpose of completing the requirements described in 
                paragraph (1)(D).
    (e) Treatment of Period for Purposes of Naturalization.--For 
purposes of title III of the Immigration and Nationality Act (8 U.S.C. 
1401 et seq.), 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. However, the conditional basis must be removed before the 
alien may apply for naturalization.

SEC. 6. RETROACTIVE BENEFITS UNDER THIS ACT.

    An alien who, prior to the date of enactment of this Act, has 
satisfied all the requirements of both sections 4 and 5, may petition 
the Secretary of Homeland Security for permanent resident status 
without first becoming a conditional resident.

SEC. 7. EXCLUSIVE JURISDICTION.

    (a) In General.--The Secretary of Homeland Security shall have 
exclusive jurisdiction to determine eligibility for relief under this 
Act, except where the alien has been placed into deportation, 
exclusion, or removal proceedings either prior to or after filing an 
application for relief under this Act, in which case the Attorney 
General shall have exclusive jurisdiction and shall assume all the 
powers and duties of the Secretary of Homeland Security until 
proceedings are terminated, or if a final order of deportation, 
exclusion, or removal is entered the Secretary of Homeland Security 
shall resume all powers and duties delegated to the Secretary of 
Homeland Security under this Act.
    (b) Stay of Removal of Certain Aliens Enrolled in Primary or 
Secondary School.--The Attorney General shall stay the removal 
proceedings of any alien who--
            (1) meets all the requirements for relief under this Act, 
        except that the alien has not yet graduated from high school;
            (2) is at least 12 years of age; and
            (3) is enrolled full-time in a primary or secondary school.
    (c) Employment.--An alien whose removal is stayed pursuant to 
subsection (b) may be engaged in employment in the United States.
    (d) Lift of Stay.--The Attorney General shall lift the stay granted 
pursuant to subsection (b) if the alien--
            (1) is no longer enrolled in a primary or secondary school; 
        and
            (2) fails to maintain prima facie eligibility for relief 
        under this Act.

SEC. 8. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.

    Whoever files an application for relief under this Act and 
willfully and knowingly falsifies, misrepresents, or conceals a 
material fact or makes any false or fraudulent statement or 
representation, or makes or uses any false writing or document knowing 
the same to contain any false or fraudulent statement or entry, shall 
be fined in accordance with title 18, United States Code, or imprisoned 
not more than 5 years, or both.

SEC. 9. CONFIDENTIALITY OF INFORMATION.

    (a) Prohibition.--No officer or employee of the United States may--
            (1) use the information furnished by the applicant pursuant 
        to an application filed under this Act for any purpose other 
        than to make a determination on the application;
            (2) make any publication whereby the information furnished 
        by any particular individual pursuant to an application under 
        this Act can be identified; or
            (3) permit anyone other than an officer or employee of the 
        Department of Justice or, in the case of applications filed 
        under this Act with a designated entity, that designated 
        entity, to examine applications filed under this Act.
    (b) Penalty.--Whoever knowingly uses, publishes, or permits 
information to be examined in violation of this section shall be fined 
not more than $10,000.

SEC. 10. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.

    Regulations promulgated under this Act shall provide that 
applications under this Act will be considered on an expedited basis 
and without a requirement for the payment by the applicant of any 
additional fee for such expedited processing.

SEC. 11. GAO REPORT.

    Seven 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 4(a)(1)(A);
            (2) the number of aliens who applied for adjustment of 
        status under section 4(a);
            (3) the number of aliens who were granted adjustment of 
        status under section 4(a); and
            (4) the number of aliens with respect to whom the 
        conditional basis of their status was removed under section 5.
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