[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3591 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 3591

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2017

    Mr. Gutierrez (for himself, Ms. Lofgren, Ms. Roybal-Allard, Ms. 
   Michelle Lujan Grisham of New Mexico, Ms. Pelosi, Mr. Hoyer, Mr. 
   Crowley, Ms. Sanchez, Mr. Conyers, Mr. Grijalva, Ms. Judy Chu of 
    California, Mr. Aguilar, Ms. Barragan, Mr. Beyer, Mr. Bishop of 
   Georgia, Mr. Blumenauer, Ms. Bonamici, Mr. Brown of Maryland, Ms. 
Brownley of California, Mr. Butterfield, Mr. Capuano, Mr. Carbajal, Mr. 
 Cardenas, Mr. Carson of Indiana, Ms. Castor of Florida, Mr. Castro of 
  Texas, Mr. Cicilline, Ms. Clark of Massachusetts, Ms. Clarke of New 
  York, Mr. Clay, Mr. Cohen, Mr. Correa, Mr. Courtney, Mr. Crist, Mr. 
   Cummings, Ms. DeGette, Ms. DeLauro, Ms. DelBene, Mr. Deutch, Mr. 
Doggett, Mr. Ellison, Ms. Eshoo, Mr. Espaillat, Mr. Evans, Mr. Foster, 
Ms. Frankel of Florida, Ms. Fudge, Mr. Gallego, Mr. Gomez, Mr. Gonzalez 
of Texas, Mr. Al Green of Texas, Mr. Gene Green of Texas, Ms. Hanabusa, 
 Mr. Hastings, Ms. Jackson Lee, Ms. Jayapal, Mr. Costa, Mr. Johnson of 
Georgia, Ms. Kaptur, Mr. Kennedy, Mr. Khanna, Mr. Kihuen, Mr. Langevin, 
    Ms. Lee, Mr. Lewis of Georgia, Mr. Ted Lieu of California, Mr. 
Lowenthal, Mr. Ben Ray Lujan of New Mexico, Mr. Sean Patrick Maloney of 
  New York, Ms. Matsui, Ms. McCollum, Mr. McEachin, Mr. McGovern, Mr. 
McNerney, Mr. Meeks, Ms. Meng, Ms. Moore, Mr. Nadler, Mrs. Napolitano, 
 Ms. Norton, Mr. Pallone, Mr. Payne, Mr. Perlmutter, Ms. Pingree, Mr. 
Pocan, Mr. Polis, Mr. Price of North Carolina, Mr. Quigley, Mr. Raskin, 
 Mr. Ruiz, Mr. Ruppersberger, Mr. Rush, Mr. Sablan, Mr. Sarbanes, Ms. 
Schakowsky, Mr. Schrader, Mr. Scott of Virginia, Mr. Serrano, Ms. Shea-
Porter, Mr. Sherman, Mr. Sires, Mr. Smith of Washington, Mr. Soto, Mr. 
  Swalwell of California, Mr. Thompson of California, Ms. Titus, Mr. 
 Tonko, Mrs. Torres, Mr. Vargas, Mr. Veasey, Mr. Vela, Ms. Velazquez, 
Mrs. Watson Coleman, Mr. Welch, Ms. Wilson of Florida, Mr. Yarmuth, and 
  Ms. Bass) introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
Education and the Workforce, 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 aliens who are 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 Hope Act of 2017''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Eligible nonprofit organization.--The term ``eligible 
        nonprofit organization'' shall mean a nonprofit, tax-exempt 
        organization, including a community, educational, faith-based 
        or other immigrant-serving organization, whose staff has 
        demonstrated qualifications, experience, or expertise in 
        providing quality services to immigrants, refugees, persons 
        granted asylum, or persons applying for such statuses.
            (2) 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), and any other educational institutions that the 
        Secretary of Homeland Security or Secretary of Education may 
        designate as such an institution of higher education for 
        purposes of this Act.
            (3) Secretary.--Except as otherwise specifically provided, 
        the term ``Secretary'' means the Secretary of Homeland 
        Security.

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 (division C of Public 
Law 104-208; 110 Stat. 3009-546).

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

    (a) Special Rule for Certain 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 shall 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 continuously present in the 
                United States since December 31, 2016, and was younger 
                than 18 years of age on the date the alien initially 
                entered the United States; and
                    (B) the alien is not inadmissible under paragraph 
                (2), (3), (8), (10)(A), (10)(C), or (10)(E) of section 
                212(a) of the Immigration and Nationality Act (8 U.S.C. 
                1182(a)).
            (2) Waiver.--Notwithstanding paragraph (1), the Secretary 
        of Homeland Security may waive the application of section 
        212(a)(2) of the Immigration and Nationality Act where the 
        ground of inadmissibility pertains to an offense for which 
        immigration status is an essential element, a misdemeanor 
        offense (or its equivalent), or any other offense that is not a 
        crime of violence, when such waiver serves humanitarian 
        purposes or family unity or is otherwise in the public 
        interest.
            (3) Procedures.--The Secretary of Homeland Security shall 
        by rule establish a procedure allowing eligible individuals to 
        apply for the relief available under this subsection without 
        requiring placement in removal proceedings. Such procedure 
        shall provide for the ability of a minor to apply for such 
        relief, including through a legal guardian or counsel. An 
        individual shall not be considered ineligible to apply for such 
        relief because the individual is in removal proceedings or has 
        previously been ordered removed.
            (4) Background checks.--The Secretary of Homeland Security, 
        in coordination with other departments and agencies as 
        appropriate, shall conduct background checks on all aliens 
        under this subsection.
    (b) Termination of Continuous Period.--For purposes of this 
section, any period of continuous presence in the United States of an 
alien who applies for cancellation of removal under this section shall 
not be considered to have terminated 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 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, unless such departure was 
        authorized by the Secretary of Homeland Security.
            (2) Exception.--An alien who departed from the United 
        States after the date of enactment of this Act shall not be 
        considered to have failed to maintain continuous presence in 
        the United States if the alien's absences from the United 
        States are brief, casual, and innocent, whether or not such 
        absences were authorized by the Secretary.
            (3) 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. Exceptional circumstances sufficient 
        to justify an extension may include the serious illness of the 
        alien, or death or serious illness of a spouse, 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 
        and no later than 180 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) Administrative Review.--Any alien receiving an adverse 
determination on the application for cancellation of removal and 
conditional lawful permanent resident status under this section may 
request review of such determination by the Secretary of Homeland 
Security.
    (g) Removal of Alien.--Notwithstanding any other provision of law, 
the Secretary of Homeland Security may not remove any alien who has a 
pending application for conditional permanent resident status, or is 
prima facie eligible for such status, under section 5 of 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 8 
        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 has since engaged in conduct that 
        renders the alien deportable under section 237(a) of the 
        Immigration and Nationality Act.
            (2) Return to previous immigration status.--Any alien whose 
        conditional permanent resident status is terminated under 
        paragraph (1) shall revert to the immigration status the alien 
        had immediately prior to receiving conditional permanent 
        resident status under this Act.
            (3) Administrative review.--Any alien whose conditional 
        permanent resident status is terminated under paragraph (1) may 
        request review of such determination in a proceeding to remove 
        the alien. In such proceeding, the burden of proof shall be on 
        the Secretary of Homeland Security to establish, by a 
        preponderance of the evidence, that a condition described in 
        paragraph (1) is met.
    (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) of this 
        subsection, 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) of this subsection.
            (2) Adjudication of petition to remove condition.--
                    (A) In general.--If a petition is filed for an 
                alien in accordance with paragraph (1) of this 
                subsection, the Secretary of Homeland Security shall 
                make a determination as to whether the alien meets the 
                requirements set out in subparagraphs (A) through (C) 
                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.
                    (D) Administrative review.--An alien whose 
                conditional permanent resident status is terminated 
                under subparagraph (C) may request review of such 
                determination in a proceeding to remove the alien. In 
                such proceeding, the burden of proof shall be on the 
                Secretary of Homeland Security to establish, by a 
                preponderance of the evidence, that the alien has not 
                met the requirements of subparagraph (A).
            (3) Time to file petition.--Except as provided in 
        subsection (d)(3), an alien may petition to remove the 
        conditional basis to lawful resident status beginning six 
        months before the date on which the alien is expected to 
        satisfy the requirement of subsection (d)(1)(C). 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 complied with section 4(a)(1)(B) 
                throughout the period of conditional permanent resident 
                status.
                    (B) 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.
                    (C) The alien has maintained the conditional 
                permanent resident status for at least 3 years.
            (2) Special rule for daca recipients.--Any period of time 
        in which the alien was granted deferred action pursuant to the 
        Deferred Action for Childhood Arrivals policy established in 
        the June 15, 2012, memorandum from the Secretary of Homeland 
        Security, titled Exercising Prosecutorial Discretion with 
        Respect to Individuals Who Came to the United States as 
        Children, shall count toward the 3-year period described in 
        paragraph (1)(C).
    (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 present in the 
United States as an alien lawfully admitted to the United States for 
permanent residence. The alien may not apply for naturalization until 
the conditional basis for permanent residency has been removed, except 
for naturalization pursuant to sections 328 and 329 of the Immigration 
and Nationality Act (8 U.S.C. 1439 and 1440).
    (f) Renewed Background Checks.--The Secretary of Homeland Security, 
in coordination with other departments and agencies as appropriate, 
shall conduct new background checks on all aliens filing petitions 
under this subsection.

SEC. 6. 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 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.

SEC. 7. 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 the alien 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 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 $50,000.

SEC. 8. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.

    (a) Establishment.--The Secretary may establish, within U.S. 
Citizenship and Immigration Services, a program to award grants, on a 
competitive basis, to eligible nonprofit organizations that will use 
the funding to assist eligible applicants under this Act by providing 
them with the services described in subsection (b).
    (b) Use of Funds.--Grant funds awarded under this section may be 
used for the design and implementation of programs that provide--
            (1) information to the public regarding the eligibility and 
        benefits of conditional lawful permanent residence authorized 
        under this Act, particularly to individuals potentially 
        eligible for such status;
            (2) assistance, within the scope of authorized practice of 
        immigration law, to individuals submitting applications for 
        conditional lawful permanent residence, including--
                    (A) screening prospective applicants to assess 
                their eligibility for such status;
                    (B) completing applications and petitions, 
                including providing assistance in obtaining the 
                requisite documents and supporting evidence;
                    (C) applying for any waivers for which applicants 
                and qualifying family members may be eligible; and
                    (D) providing any other assistance that the 
                Secretary or grantee considers useful or necessary to 
                apply for conditional lawful permanent residence; and
            (3) assistance, within the scope of authorized practice of 
        immigration law, and instruction, to individuals--
                    (A) on the rights and responsibilities of United 
                States citizenship;
                    (B) in civics and English as a second language;
                    (C) in preparation for the General Education 
                Development exam; and
                    (D) in applying for adjustment of status and United 
                States citizenship.
    (c) Authorization of Appropriations.--
            (1) Amounts authorized.--There are authorized to be 
        appropriated such sums as may be necessary for each of the 
        fiscal years 2017 through 2027 to carry out this section.
            (2) Availability.--Any amounts appropriated pursuant to 
        paragraph (1) shall remain available until expended.

SEC. 9. PRESIDENTIAL AWARD FOR BUSINESS LEADERSHIP IN PROMOTING 
              AMERICAN CITIZENSHIP.

    (a) Establishment.--There is established the Presidential Award for 
Business Leadership in Promoting American Citizenship, which shall be 
awarded to companies and other organizations that make extraordinary 
efforts in assisting their employees and members to learn English, 
attain General Education Development preparation and certification, and 
increase their understanding of American history and civics.
    (b) Selection and Presentation of Award.--
            (1) Selection.--The President, upon recommendations from 
        the Secretary, the Secretary of Labor, and the Secretary of 
        Education, shall periodically award the Citizenship Education 
        Award to large and small companies and other organizations 
        described in subsection (a).
            (2) Presentation.--The presentation of the award shall be 
        made by the President, or designee of the President, in 
        conjunction with an appropriate ceremony.

SEC. 10. ENGLISH LEARNING PROGRAM.

    (a) In General.--The Secretary of Education shall develop an open 
source electronic program that is useable on personal computers and 
through the Internet, which--
            (1) provides instruction on the English language (including 
        instruction on how to pass the Test of English as a Foreign 
        Language) to individuals whose primary language is a language 
        other than English and who are at various levels of proficiency 
        with respect to the English language, including individuals 
        with the ability to pass the Test of English as a Foreign 
        Language;
            (2) is available to the public for free, including on the 
        website of the Department of Education;
            (3) is readily accessible to public libraries throughout 
        the United States; and
            (4) is fully accessible, at a minimum, to speakers of the 
        top 6 foreign languages spoken by immigrants to the United 
        States.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Education such sums as are necessary 
to carry out the purposes of this section.

SEC. 11. HIGHER EDUCATION ASSISTANCE.

    (a) In General.--Notwithstanding subsections (a)(5) and (g) of 
section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091) or any 
other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et 
seq.), and subject to subsection (b) of this section, an alien who 
adjusts status to that of a conditional lawful permanent resident under 
this Act may be eligible only for the following assistance under title 
IV of such Act (20 U.S.C. 1070 et seq.):
            (1) Federal grants under part A (20 U.S.C. 1070 et seq.).
            (2) Federal work-study programs under part C (42 U.S.C. 
        2751 et seq.).
            (3) Federal student loans under parts D and E (20 U.S.C. 
        1087a et seq.).
            (4) Services not otherwise covered under paragraphs (1) 
        through (3).
            (5) Need analysis and refunds calculated under parts F and 
        G (20 U.S.C. 1087kk et seq.; 1088 et seq.).
    (b) Other Requirements.--An individual described in subsection (a) 
may only receive the assistance described in subsection (a) for which 
such individual would be otherwise eligible (but for such individual's 
immigration status).

SEC. 12. 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 
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 this Act;
            (2) the number of aliens who applied for adjustment of 
        status under this Act;
            (3) the number of aliens who were granted adjustment of 
        status under this Act; and
            (4) the number of aliens whose conditional permanent 
        resident status was removed under this Act.
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