[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1751 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1751

 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 and who entered the United States as children, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 26, 2009

Mr. Berman (for himself, Ms. Roybal-Allard, Mr. Lincoln Diaz-Balart of 
    Florida, Ms. Zoe Lofgren of California, Mr. Nunes, Mr. Polis of 
 Colorado, Mr. Cao, Ms. Ros-Lehtinen, Mr. Conyers, and Mr. Mario Diaz-
Balart of Florida) introduced the following bill; which was referred to 
  the Committee on the Judiciary, and in addition to the Committee on 
Education and Labor, 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 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 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 ``American Dream Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Institution of higher education.--The 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) Uniformed services.--The term ``uniformed services'' 
        has the meaning given that term in section 101(a) of title 10, 
        United States Code.

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 under 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 Certain Long-Term Residents Who Entered the 
United States as Children.--
            (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), or (6)(E) of section 212(a) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1182(a)); and
                            (ii) is not deportable under paragraph 
                        (1)(E), (2), or (4) of section 237(a) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1227(a)); and
                    (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.
            (2) Waiver.--Notwithstanding paragraph (1), the Secretary 
        of Homeland Security may waive the grounds of ineligibility 
        under section 212(a)(2) of the Immigration and Nationality Act, 
        and the grounds of deportability under paragraphs (1)(E) and 
        (2) of section 237(a) of such Act, if the Secretary determines 
        that the alien's removal would result in extreme hardship to 
        the alien, the alien's child, or (in the case of an alien who 
        is a child) to the alien's parent.
            (3) 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 not be considered to have 
        failed to maintain continuous physical presence in the United 
        States for purposes of subsection (a)(1)(A) by virtue of brief, 
        casual, and innocent absences from the United States.
            (2) Waiver.--The Secretary of Homeland Security may waive 
        breaks in presence beyond brief, casual, or innocent absences 
        for humanitarian purposes, family unity, or when it is 
        otherwise in the public interest.
    (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 the 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.--Not later than 90 days 
        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 may 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 
        permanent 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) 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) ceases to meet the requirements of subparagraph 
                (B) or (C) of section 4(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 status.--Any 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 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 
        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) In general.--If a petition is filed in 
                accordance with paragraph (1) for an alien, the 
                Secretary of Homeland Security 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 
                determination.--If 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 determination.--If 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) 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 permanent resident status or any other 
        expiration date of the conditional permanent resident status as 
        extended by the Secretary of Homeland Security 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) Details of Petition.--
            (1) Contents of petition.--Each petition for an alien under 
        subsection (c)(1) shall contain information to permit the 
        Secretary of Homeland Security 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 
                4(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 shall not be 
                considered to have 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 all of the 
                secondary educational institutions that the alien 
                attended in the United States.
            (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 extend the 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.--Except as 
otherwise provided under this Act, an alien who is in the United States 
as a lawful permanent resident on a conditional basis under this 
section 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. APPLICABILITY.

    If, on the date of the enactment of this Act, an alien has 
satisfied all the requirements of subparagraphs (A) through (D) of 
section 4(a)(1) and section 5(d)(1)(D), the Secretary of Homeland 
Security may adjust the status of the alien to that of a conditional 
resident in accordance with section 4. The alien may petition for 
removal of such condition at the end of the conditional residence 
period in accordance with section 5(c) if the alien has met the 
requirements of subparagraphs (A), (B), and (C) of section 5(d)(1) 
during the entire period of conditional residence.

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 until proceedings are terminated, or 
if a final order of deportation, exclusion, or removal is entered the 
Secretary shall resume all powers and duties delegated to the Secretary 
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 of subparagraphs (A), (B), 
        (C), and (E) of section 4(a)(1);
            (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, 
consistent with the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
seq.), and State and local laws governing minimum age for employment.
    (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; 
        or
            (2) ceases to meet the requirements of subsection (b)(1).

SEC. 8. 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 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 Government 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) Required Disclosure.--The Attorney General or the Secretary of 
Homeland Security 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) 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. 9. 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. 10. HIGHER EDUCATION ASSISTANCE.

    Notwithstanding any provision of the Higher Education Act of 1965 
(20 U.S.C. 1001 et seq.) or any provision of title IV of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1601 et seq.), with respect to Federal financial education 
assistance, an alien who is lawfully admitted for permanent residence 
under this Act and has not had the conditional basis removed shall not 
be eligible for--
            (1) Federal Pell grants under part A of title IV of the 
        Higher Education Act of 1965 (20 U.S.C. 1070a et seq.); and
            (2) Federal supplemental educational opportunity grants 
        under part A of title IV of that Act (20 U.S.C. 1070b et seq.).

SEC. 11. GAO REPORT.

    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 
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 under section 4(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 whose conditional permanent 
        resident status was removed under section 5.
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