[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1468 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 1468
To authorize the cancellation of removal and adjustment of status of
certain aliens 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 9, 2017
Mr. Curbelo of Florida (for himself, Mr. Coffman, Mr. Denham, Mr. Diaz-
Balart, Ms. Ros-Lehtinen, Mr. Amodei, Mr. Valadao, Miss Gonzalez-Colon
of Puerto Rico, Mr. Upton, and Mr. Reichert) introduced the following
bill; which was referred to the Committee on the Judiciary, and in
addition to the Committees on Homeland Security, and Armed Services,
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 authorize the cancellation of removal and adjustment of status of
certain aliens 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 ``Recognizing America's Children
Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Cancellation of removal of certain long-term residents who
entered the United States as children.
Sec. 5. Conditional permanent resident status.
Sec. 6. Removal of conditional basis for permanent residence.
Sec. 7. Treatment of aliens meeting requirements for extension of
conditional permanent resident status.
Sec. 8. Exclusive jurisdiction.
Sec. 9. Confidentiality of information.
Sec. 10. Treatment of conditional permanent residents for certain
purposes.
Sec. 11. GAO report.
Sec. 12. Military enlistment.
Sec. 13. Naturalization of enlistees.
SEC. 3. DEFINITIONS.
In this Act:
(1) In general.--Except as otherwise specifically provided,
a term used in this Act that is used in the immigration laws
shall have the meaning given such term in the immigration laws.
(2) Alien enlistee.--The term ``alien enlistee'' means a
conditional permanent resident that seeks to maintain or extend
such status by means of satisfaction of the requirements of
this Act relating to enlistment and service in the Armed Forces
of the United States.
(3) Alien postsecondary student.--The term ``alien
postsecondary student'' means a conditional permanent resident
that seeks to maintain or extend such status by means of
satisfaction of the requirements of this Act relating to
enrollment in, and graduation from, an institution of higher
education in the United States.
(4) Conditional permanent resident.--
(A) Definition.--The term ``conditional permanent
resident'' means an alien who is granted conditional
permanent resident status under this Act.
(B) Description.--A conditional permanent
resident--
(i) shall not be considered to be an alien
who is unlawfully present in the United States
for purposes of the immigration laws, including
section 505 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8
U.S.C. 1623);
(ii) shall be considered to be an alien
lawfully admitted for permanent residence in
the United States on a conditional basis;
(iii) has the intention permanently to
reside in the United States;
(iv) is not required to have a foreign
residence which the alien has no intention of
abandoning; and
(v) shall be considered inspected and
admitted for the purposes of section 245(a) of
the Immigration and Nationality Act (8 U.S.C.
1255(a)).
(5) Conviction.--The term ``conviction'' does not include
an adjudication or judgment of guilt that has been dismissed,
expunged, deferred, annulled, invalidated, withheld, or
vacated, an order of probation without entry of judgment, or
any similar disposition. Section 101(a)(48)(B) of the
Immigration and Nationality Act shall not apply for purposes of
this Act.
(6) 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)).
(7) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002), except that the term does not include an
institution of higher education outside the United States.
(8) Military-related terms.--The terms ``armed forces'',
``active duty'', ``active service'', and ``active status'' have
the meanings given those terms in section 101 of title 10,
United States Code.
SEC. 4. CANCELLATION OF REMOVAL 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 an alien who is
inadmissible or deportable from the United States or who is the
child of another alien who is lawfully present in the United
States with status under section 101(a)(15)(E)(ii), and grant
the alien conditional permanent resident status, if the alien
demonstrates by a preponderance of the evidence that--
(A) the alien has been physically present in the
United States for a continuous period since January 1,
2012;
(B) the alien was younger than 16 years of age on
the date the alien initially entered the United States;
(C) the alien, if the alien is 18 years of age or
older--
(i) has earned a high school diploma, a
commensurate alternative award from a public or
private high school or secondary school,
obtained a general education development
certificate recognized under State law, or a
high school equivalency diploma in the United
States;
(ii) the alien has been admitted to an
institution of higher education in the United
States; or
(iii) the alien has a valid work
authorization;
(D) the alien has been a person of good moral
character (as defined in section 101(f) of the
Immigration and Nationality Act (8 U.S.C. 1101(f)))
since the date the alien initially entered the United
States;
(E) subject to paragraph (2), the alien--
(i) is not inadmissible under paragraph
(1), (2), (3), (4), (6)(E), (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) is not deportable under paragraph
(1)(E), (1)(G), (2), (4), (5), or (6) of
section 237(a) of the Immigration and
Nationality Act (8 U.S.C. 1227(a));
(iii) 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
(iv) other than an offense under State or
local law for which an essential element was
the alien's immigration status, a minor traffic
offense, or a violation of this Act, has not
been convicted of--
(I) any offense under Federal or
State law punishable by a maximum term
of imprisonment of more than 1 year; or
(II) any combination of offenses
under Federal or State law, for which
the alien was sentenced to imprisonment
for a total of more than 1 year; and
(F) 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 18 years.
(2) Waiver.--With respect to any benefit under this Act,
the Secretary of Homeland Security may waive subclauses (I) and
(II) of subsection (a)(1)(E)(iv) of this section, the ground of
inadmissibility under paragraph (1), (4), or (6) of section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)), and the ground of deportability under paragraph (1)
of section 237(a) of that Act (8 U.S.C. 1227(a)), for
humanitarian purposes or family unity or when it is otherwise
in the public interest.
(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.
(4) Submission of biometric and biographic data.--The
Secretary of Homeland Security may not cancel the removal of an
alien or grant conditional permanent resident status to the
alien under this subsection 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 or biographic data because of a physical impairment.
(5) Background checks.--
(A) Requirement for background checks.--The
Secretary of Homeland Security shall utilize biometric,
biographic, and other data that the Secretary
determines is appropriate--
(i) to conduct security and law enforcement
background checks of an alien seeking relief
available under this subsection; and
(ii) to determine whether there is any
criminal, national security, or other factor
that would render the alien ineligible for such
relief.
(B) Completion of background checks.--The security
and law enforcement background checks required by
subparagraph (A) shall be completed, to the
satisfaction of the Secretary, prior to the date the
Secretary cancels the removal of the alien under this
subsection.
(6) Medical examination.--An alien applying for relief
available under this subsection shall undergo a medical
observation and examination. The Secretary of Homeland
Security, with the concurrence of the Secretary of Health and
Human Services, shall prescribe policies and procedures for the
nature and timing of such observation and examination.
(7) Military selective service.--An alien applying for
relief available under this subsection shall establish that the
alien has registered under the Military Selective Service Act
(50 U.S.C. App. 451 et seq.), if the alien is subject to such
registration under that Act.
(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 subsection (a) 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) by 90 days 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) Regulations.--
(1) Initial publication.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Homeland
Security shall publish regulations implementing this section.
(2) Interim regulations.--Notwithstanding section 553 of
title 5, United States Code, the regulations required by
paragraph (1) shall be effective, on an interim basis,
immediately upon publication but may be subject to change and
revision after public notice and opportunity for a period of
public comment.
(3) 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.
(e) Removal of Alien.--The Secretary of Homeland Security may not
remove any alien who--
(1) has a pending application for conditional permanent
resident status under this Act; or
(2) establishes prima facie eligibility for cancellation of
removal and conditional permanent resident status under
subsection (a) and is provided a reasonable opportunity to file
an application under subsection (a).
SEC. 5. CONDITIONAL PERMANENT RESIDENT STATUS.
(a) Length of Status.--Conditional permanent resident status
granted under section 4 shall be valid for an initial period of 5
years, subject to termination under subsection (c) of this section.
(b) Terms of Conditional Permanent Resident Status.--
(1) Employment.--A conditional permanent resident shall be
authorized--
(A) to be employed in the United States incident to
conditional permanent resident status; and
(B) to enlist in the armed forces as provided in
section 504(b)(1)(D) of title 10, United States Code,
as added by section 12.
(2) Travel.--A conditional permanent resident may travel
outside the United States and may be admitted (if otherwise
admissible) upon return to the United States without having to
obtain a visa if--
(A) the alien is the bearer of valid, unexpired
documentary evidence of conditional permanent resident
status; and
(B) the alien's absence from the United States was
not for a period exceeding 180 days or the alien was
absent from the United States due to active service in
the armed forces.
(c) Termination of Status.--
(1) In general.--The Secretary of Homeland Security shall
terminate the conditional permanent resident status of any
alien if the Secretary determines that the alien is 18 years of
age or older and--
(A) in the case of--
(i) an alien postsecondary student, the
alien failed to enroll in an accredited
institution of higher education in the United
States within 1 year after the date on which
the alien was granted conditional permanent
resident status or to remain so enrolled;
(ii) an alien described under section
4(a)(1)(C), the alien has not been employed for
a total period of 48 months during the 5-year
period beginning on the date that the alien was
granted conditional permanent resident status;
or
(iii) an alien enlistee, the alien--
(I) failed to enlist, and be
accepted for enlistment, in the armed
forces within 9 months after the date
on which the alien was granted
conditional permanent resident status;
or
(II) has received a dishonorable or
other than honorable discharge from the
armed forces;
(B) ceases to meet the requirements of subparagraph
(D) or (E) of section 4(a)(1); or
(C) has become a public charge.
(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.
(d) Extension of Status.--The Secretary of Homeland Security shall
extend the conditional permanent resident status of an alien for a
second period of 5 years if the following requirements are met:
(1) The alien has demonstrated good moral character during
the entire period the alien has been a conditional permanent
resident.
(2) The alien is in compliance with section 4(a)(1)(E).
(3) The alien has not abandoned the alien's residence in
the United States. For purposes of this subparagraph, 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 permanent resident status, unless the alien
demonstrates that the alien has not abandoned the alien's
residence.
(4) The alien is 18 years of age or older and--
(A) in the case of an alien postsecondary student,
has been graduated from an accredited institution of
higher education in the United States;
(B) in the case of an alien described under section
4(a)(1)(C), the alien has been employed for a total
period of 48 months during the 5-year period beginning
on the date that the alien was granted conditional
permanent resident status; or
(C) in the case of an alien enlistee, has served as
a member of a regular or reserve component of the armed
forces in an active duty status for at least 3 years,
and, if discharged, received an honorable discharge.
SEC. 6. REMOVAL OF CONDITIONAL BASIS FOR PERMANENT RESIDENCE.
(a) In General.--A conditional permanent resident may file with the
Secretary of Homeland Security, in accordance with subsection (c), an
application to remove the conditional basis of permanent residency and
to have the alien's status adjusted to that of an alien lawfully
admitted for permanent residence. The application shall provide, under
penalty of perjury, the facts and information so that the Secretary may
make the determination described in subsection (b)(1).
(b) Adjudication of Application for Adjustment of Status.--
(1) In general.--If an application is filed in accordance
with subsection (a) for an alien, the Secretary of Homeland
Security shall make a determination as to whether the alien
meets the requirements set out in subsection (d).
(2) Adjustment of status if favorable determination.--
Notwithstanding any other provision of law, including
paragraphs (2), (3), (4), and (8) of section 245(c) of the
Immigration and Nationality Act (8 U.S.C. 1255(c)), if the
Secretary determines that the alien meets such requirements,
the Secretary shall notify the alien of such determination and
adjust the alien's status to that of an alien lawfully admitted
for permanent residence, effective as of the date of approval
of the application.
(3) 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.
(c) Time To File Application.--
(1) In general.--An alien shall file an application for
adjustment of status during the period--
(A) beginning on the date on which the alien
obtained an extension of status under section 5(d); and
(B) ending on either the date that is 10 years
after the date of the initial grant 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.
(2) Status during pendency.--The alien shall be deemed to
be in conditional permanent resident status in the United
States during the period in which such application is pending.
(d) Contents of Application.--Each application for an alien under
subsection (a) shall contain information to permit the Secretary of
Homeland Security to determine whether each of the following
requirements is met:
(1) The alien has demonstrated good moral character during
the entire period the alien has been a conditional permanent
resident.
(2) The alien is in compliance with section 4(a)(1)(E).
(3) The alien has not abandoned the alien's residence in
the United States. For purposes of this paragraph--
(A) the Secretary shall presume that the alien has
abandoned such residence if the alien is absent from
the United States for more than 730 days, in the
aggregate, during the period of conditional permanent
resident status, unless the alien demonstrates that the
alien has not abandoned the alien's residence; and
(B) an alien who is absent from the United States
due to active service in the armed forces has not
abandoned the alien's residence in the United States
during the period of such service.
(e) Citizenship Requirement.--
(1) In general.--Except as provided in paragraph (2), the
status of a conditional permanent resident shall not have the
conditional basis for permanent residency removed or be
adjusted to permanent resident status unless the alien
demonstrates that the alien satisfies the requirements of
section 312(a) of the Immigration and Nationality Act (8 U.S.C.
1423(a)).
(2) Exception.--Paragraph (1) shall not apply to an alien
who is unable because of a physical or developmental disability
or mental impairment to meet the requirements of such
paragraph.
(f) Payment of Federal Taxes.--
(1) In general.--Not later than the date on which an
application is filed under subsection (a) for adjustment of
status, the alien shall satisfy any applicable Federal tax
liability due and owing on such date.
(2) Applicable federal tax liability.--For purposes of
paragraph (1), the term ``applicable Federal tax liability''
means liability for Federal taxes imposed under the Internal
Revenue Code of 1986, including any penalties and interest
thereon.
(g) Submission of Biometric and Biographic Data.--The Secretary of
Homeland Security may not adjust the status of an alien 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 applicants who are unable to
provide such biometric or biographic data because of a physical
impairment.
(h) Background Checks.--
(1) Requirement for background checks.--The Secretary of
Homeland Security shall utilize biometric, biographic, and
other data that the Secretary determines appropriate--
(A) to conduct security and law enforcement
background checks of an alien applying for adjustment
of status under this section; and
(B) to determine whether there is any criminal,
national security, or other factor that would render
the alien ineligible for such adjustment of status.
(2) Completion of background checks.--The security and law
enforcement background checks required by paragraph (1) shall
be completed, to the satisfaction of the Secretary, prior to
the date the Secretary grants adjustment of status.
(i) 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 eligible for adjustment of status under
this section.
(j) Eligibility for Naturalization.--
(1) In general.--An alien whose status is adjusted under
this section to that of an alien lawfully admitted for
permanent residence may be naturalized upon compliance with all
the requirements of the immigration laws.
(2) Alien enlistees.--For purposes of section 316(a), an
alien enlistee whose status was adjusted under this section
shall be deemed to have satisfied the requirements of
paragraphs (1) and (2) of such section, and may apply for
naturalization.
SEC. 7. TREATMENT OF ALIENS MEETING REQUIREMENTS FOR EXTENSION OF
CONDITIONAL PERMANENT RESIDENT STATUS.
If, on the date of the enactment of this Act, an alien has
satisfied all the requirements of sections 4(a)(1) and 5(d)(1)(D), the
Secretary of Homeland Security may cancel removal and grant conditional
permanent resident status in accordance with section 4, and may extend
conditional permanent resident status in accordance with section 5(d).
The alien may apply for adjustment of status in accordance with section
6(a) if the alien has met the requirements of section 5(d)(1) during
the entire period of conditional permanent resident status.
SEC. 8. EXCLUSIVE JURISDICTION.
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
cancellation of removal and conditional permanent resident status or
adjustment of status 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. If the Secretary grants relief under this Act, the final
order of deportation, exclusion, or removal shall be terminated.
SEC. 9. CONFIDENTIALITY OF INFORMATION.
(a) Prohibition.--Except as provided in subsection (b), no officer
or employee of the United States may--
(1) use the information furnished by an individual pursuant
to an application filed under this Act to initiate removal
proceedings against any person 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, the alien, or, in the case of an
application filed under this Act with a designated entity, that
designated entity, to examine such application filed under this
Act.
(b) Required Disclosure.--The Attorney General or the Secretary of
Homeland Security shall provide the information furnished under this
Act, and any other information derived from such furnished information,
to--
(1) a Federal, State, tribal, or local law enforcement
agency, intelligence agency, national security agency,
component of the Department of Homeland Security, court, or
grand jury in connection with a criminal investigation or
prosecution, a background check conducted pursuant to the Brady
Handgun Violence Protection Act (Public Law 103-159; 107 Stat.
1536) or an amendment made by that Act, or for homeland
security or national security purposes, if such information is
requested by such entity or consistent with an information
sharing agreement or mechanism; 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) Fraud in Application Process or Criminal Conduct.--
Notwithstanding any other provision of this section, information
concerning whether an alien seeking relief under this Act has engaged
in fraud in an application for such relief or at any time committed a
crime may be used or released for immigration enforcement, law
enforcement, or national security purposes.
(d) 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. TREATMENT OF CONDITIONAL PERMANENT RESIDENTS FOR CERTAIN
PURPOSES.
(a) In General.--An individual granted conditional permanent
resident status under this Act shall, while such individual remains in
such status, be considered lawfully present for all purposes.
(b) For Purposes of the 5-Year Eligibility Waiting Period Under
PRWORA.--An individual who has met the requirements under this Act for
adjustment from conditional permanent resident status to lawful
permanent resident status shall be considered, as of the date of such
adjustment, to have completed the 5-year period specified in section
403 of the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1613).
SEC. 11. GAO REPORT.
Not later than 7 years after the date of the enactment of this Act,
the Comptroller General of the United States shall submit to the
Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report setting forth--
(1) the number of aliens who were eligible for cancellation
of removal and grant of conditional permanent resident status
under section 4(a);
(2) the number of aliens who applied for cancellation of
removal and grant of conditional permanent resident status
under section 4(a);
(3) the number of aliens who were granted conditional
permanent resident status under section 4(a); and
(4) the number of aliens whose status was adjusted to that
of an alien lawfully admitted for permanent residence under
section 6.
SEC. 12. MILITARY ENLISTMENT.
Section 504(b)(1) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(D) An alien who is a conditional permanent resident (as
that term is defined in section 3 of the Recognizing America's
Children Act).''.
SEC. 13. NATURALIZATION OF ENLISTEES.
For purposes of sections 328 and 329 of the Immigration and
Nationality Act, an alien enlistee shall be considered to have been
lawfully admitted for permanent residence, without regard to the
conditional status of such admission.
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