1.This Act may be cited as the
Development, Relief, and Education for
Alien Minors Act of 2007
or the DREAM Act of 2007
.
2.In this Act:
(1)Institution of
higher educationThe term
institution of higher education
has the meaning given that term
in section
101 of the Higher Education Act
of 1965 (20 U.S.C. 1001).
(2)The
term Secretary
means the Secretary of Homeland Security.
(3)The term uniformed services
has the
meaning given that term in section 101(a) of title 10, United States
Code.
3.Cancellation of
removal and adjustment of status of certain long-term residents who entered the
United States as children
(a)Special rule
for certain long-term residents who entered the United States as
children
(1)Notwithstanding any other provision of law and except as
otherwise provided in this Act, the Secretary 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
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 date of enactment of this
Act;
(C)the alien—
(i)is
not inadmissible under paragraph (2), paragraph (3), subparagraph (B), (C),
(E), (F), or (G) of paragraph (6), or subsection (C) of paragraph (10) of
section
212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)), except that if
the alien is inadmissible solely under subparagraph (C) or (F) of paragraph (6)
of such section, the alien had not yet reached the age of 16 years at the time
the violation was committed; and
(ii)is not
deportable under subparagraph (E) or (G) of paragraph (1), paragraph (2),
subparagraph (B), (C), or (D) of paragraph (3), paragraph (4), or paragraph (6)
of section
237(a) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)), except that if
the alien is deportable solely under subparagraph (C) or (D) of paragraph (3)
of such section, the alien had not yet reached the age of 16 years at the time
the violation was committed;
(D)the alien, at the
time of application, has been admitted to an institution of higher education in
the United States, or has earned a high school diploma or obtained a general
education development certificate in the United States;
(E)the alien has
never been under a final administrative or judicial order of exclusion,
deportation, or removal, unless the alien—
(i)has
remained in the United States under color of law after such order was issued;
or
(ii)received the
order before attaining the age of 16 years; and
(F)the alien was had
not yet reached the age of 30 years on the date of enactment of this
Act.
(2)Notwithstanding
paragraph (1), the Secretary of Homeland Security may waive the ground of
ineligibility under
section
212(a)(6) of the Immigration and
Nationality Act and the ground 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.
(3)The
Secretary 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 periodFor 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)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 circumstancesThe Secretary 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 such an extension
shall be no less compelling than serious illness of the alien, or death or
serious illness of a parent, grandparent, sibling, or child of the
alien.
(d)Exemption from
numerical limitationsNothing 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)
(1)Not later than 180 days after the date of enactment
of this Act, the Secretary 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
regulationsWithin a reasonable time after publication of the
interim regulations in accordance with paragraph (1), the Secretary shall
publish final regulations implementing this section.
4.Conditional
permanent resident status
(a)
(1)Conditional
basis for statusNotwithstanding any other provision of law, and
except as provided in section 5, an alien whose status has been adjusted under
section 3 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 permanent resident status
shall be valid for a period of 6 years, subject to termination under subsection
(b).
(2)
(A)At time of
obtaining permanent residenceAt the time an alien obtains
permanent resident status on a conditional basis under paragraph (1), the
Secretary shall provide for notice to the alien regarding the provisions of
this section and the requirements of subsection (c) to have the conditional
basis of such status removed.
(B)Effect of
failure to provide noticeThe failure of the Secretary 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.
(3)The Secretary may not remove an alien who has a pending
application for conditional permanent resident status under this
section.
(b)
(1)The Secretary 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)ceases to meet
the requirements of subparagraph (B) or (C) of section 3(a)(1);
(B)has become a
public charge; or
(C)has received a
dishonorable or other than honorable discharge from the uniformed
services.
(2)Return to
previous immigration statusAny alien whose conditional 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 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, in accordance with paragraph (3), a petition which
requests the removal of such conditional basis and which provides, under
penalty of perjury, the facts and information so that the Secretary may make
the determination described in paragraph (2)(A).
(2)Adjudication of
petition to remove condition
(A)If a petition is filed in accordance with paragraph (1)
for an alien, the Secretary shall make a determination as to whether the alien
meets the requirements set out in subparagraphs (A) through (E) of subsection
(d)(1).
(B)Removal of
conditional basis if favorable determinationIf the Secretary
determines that the alien meets such requirements, the Secretary shall notify
the alien of such determination and immediately remove the conditional basis of
the status of the alien.
(C)Termination if
adverse determinationIf the Secretary determines that the alien
does not meet such requirements, the Secretary shall notify the alien of such
determination and terminate the conditional permanent resident status of the
alien as of the date of the determination.
(3)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 permanent resident status or any other expiration date of the
conditional permanent resident status as extended by the Secretary in
accordance with this Act. The alien shall be deemed in conditional permanent
resident status in the United States during the period in which the petition is
pending.
(d)
(1)Each petition for an alien under subsection (c)(1) shall
contain information to permit the Secretary to determine whether each of the
following requirements is met:
(A)The alien has
demonstrated good moral character during the entire period the alien has been a
conditional permanent resident.
(B)The alien is in
compliance with section 3(a)(1)(C).
(C)The alien has not
abandoned the alien’s residence in the United States. The Secretary shall
presume that the alien has abandoned such residence if the alien is absent from
the United States for more than 365 days, in the aggregate, during the period
of conditional residence, unless the alien demonstrates that alien has not
abandoned the alien’s residence. An alien who is absent from the United States
due to active service in the uniformed services has not abandoned the alien’s
residence in the United States during the period of such service.
(D)The alien has
completed at least 1 of the following:
(i)The
alien has acquired a degree from an institution of higher education in the
United States 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)The alien has
served in the uniformed services for at least 2 years and, if discharged, has
received an honorable discharge.
(E)The alien has
provided a list of each secondary school (as that term is defined in section
9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801))
that the alien attended in the United States.
(2)
(A)The Secretary 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 subparagraph (D) of such paragraph; 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)Upon
a showing of good cause, the Secretary may extend the period of conditional
resident status for the purpose of completing the requirements described in
subparagraph (D) of paragraph (1).
(e)Treatment of
period for purposes of naturalizationFor 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.
5.Treatment of
certain applicantsIf, on the
date of enactment of this Act, an alien has satisfied all the requirements of
subparagraphs (A) through (F) of section 3(a)(1) and subparagraph (D) of
section 4(d)(1), the Secretary may adjust the status of the alien to that of a
conditional resident in accordance with section 3. The alien may petition for
removal of such condition at the end of the conditional residence period in
accordance with section 4(c) if the alien has met the requirements of
subparagraphs (A), (B), and (C) of section 4(d)(1) during the entire period of
conditional residence.
6.
(a)Except as provided in subsection (b), the
Secretary shall have exclusive jurisdiction to determine eligibility for relief
under this Act.
(b)Notwithstanding
subsection (a), if an alien has been placed into deportation, exclusion, or
removal proceedings either prior to or after filing an application for relief
under this Act, the Attorney General shall have exclusive jurisdiction and
shall assume all the powers and duties of the Secretary under this Act until
proceedings are terminated. If a final order of deportation, exclusion, or
removal is entered for the alien the Secretary shall resume all powers and
duties under this Act with respect to the alien.
7.Stay of removal
of certain aliens enrolled in primary or secondary school
(a)The Attorney General
shall stay the removal proceedings of any alien who—
(1)meets all the
requirements of subparagraphs (A), (B), (C), (E), and (F) of section
3(a)(1);
(2)is at least 12
years of age; and
(3)is enrolled full
time in a primary or secondary school.
(b)An
alien whose removal is stayed pursuant to subsection (a) may be engaged in
employment in the United States consistent with the Fair Labor Standards Act
(29 U.S.C.
201 et seq.) and State and local laws governing minimum age for
employment.
(c)The Attorney General shall lift the stay granted pursuant to
subsection (a) if the alien—
(1)is no longer
enrolled in a primary or secondary school; or
(2)ceases to meet
the requirements of subsection (a)(1).
8.Penalties for
false statements in applicationWhoever 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.
9.Confidentiality
of information
(a)Except
as provided in subsection (b), 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 to initiate removal proceedings against any persons identified in 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 United States to examine applications
filed under this Act.
(b)The Attorney General or the Secretary shall provide
the information furnished under this section, and any other information derived
from such furnished information, to—
(1)a duly recognized
law enforcement entity in connection with an investigation or prosecution of an
offense described in paragraph (2) or (3) of
section
212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)), when such
information is requested in writing by such entity; or
(2)an official
coroner for purposes of affirmatively identifying a deceased individual
(whether or not such individual is deceased as a result of a crime).
(c)Whoever
knowingly uses, publishes, or permits information to be examined in violation
of this section shall be fined not more than $10,000.
10.Higher
Education assistanceNotwithstanding any provision of the
Higher Education Act of 1965
(20 U.S.C.
1001 et seq.), with respect to assistance provided under title
IV of the Higher Education Act of
1965 (20
U.S.C. 1070 et seq.), an alien who adjusts status to that of a
lawful permanent resident under this Act shall be eligible only for the
following assistance under such title:
(1)Student loans
under parts B, D, and E of such title IV, subject to the requirements of such
parts.
(2)Federal
work-study programs under part C of such title IV, subject to the requirements
of such part.
(3)Services under
such title IV, subject to the requirements for such services.
11.Not later than 7 years
after the date of enactment of this Act, the Comptroller General of the United
States shall submit a report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of Representatives setting
forth—
(1)the number of
aliens who were eligible for cancellation of removal and adjustment of status
under section 3(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 whose conditional permanent resident status was removed under section
4.
October 19, 2007
Read the second time and placed on the
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