[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1852 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1852

 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 SENATE OF THE UNITED STATES

                           September 25, 2017

 Mr. Tillis (for himself, Mr. Lankford, and Mr. Hatch) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Solution for 
Undocumented Children through Careers, Employment, Education, and 
Defending our Nation Act'' or the ``SUCCEED Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Cancellation of removal of certain long-term residents who 
                            entered the United States as children.
Sec. 4. Conditional permanent resident status.
Sec. 5. Removal of conditional basis for permanent residence.
Sec. 6. Limitation on parole authority.
Sec. 7. Failure to comply with status requirements; visa overstays.
Sec. 8. Benefits for relatives of aliens granted conditional permanent 
                            resident status.
Sec. 9. Exclusive jurisdiction.
Sec. 10. Confidentiality of information.
Sec. 11. Restriction on welfare benefits for conditional permanent 
                            residents.
Sec. 12. GAO report.
Sec. 13. Military enlistment.
Sec. 14. Eligibility for naturalization.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) In general.--Except as otherwise specifically provided, 
        any term used in this Act that is also 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 complying with the requirements under 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 complying with 
        the requirements under 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 described in subparagraph (B) 
                who is granted conditional permanent resident status 
                under this Act.
                    (B) Description.--An alien granted conditional 
                permanent resident status under this Act--
                            (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 not be considered a lawful 
                        permanent resident for the purpose of--
                                    (I) petitioning for relatives under 
                                section 204(a) of the Immigration and 
                                Nationality Act (8 U.S.C. 1154(a)); or
                                    (II) seeking adjustment of status 
                                under section 245(a) of such Act (8 
                                U.S.C. 1255(a));
                            (iii) has the intention to permanently 
                        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 to have been 
                        inspected and admitted for the purposes of 
                        section 245(a) of the Immigration and 
                        Nationality Act (8 U.S.C. 1255(a)) after the 
                        condition on the alien's permanent resident 
                        status has been removed pursuant to section 5.
            (5) Federal public benefit.--The term ``Federal public 
        benefit'' means--
                    (A) the American Opportunity Tax Credit authorized 
                under section 25A(i) of the Internal Revenue Code of 
                1986;
                    (B) the Earned Income Tax Credit authorized under 
                section 32 of the Internal Revenue Code of 1986;
                    (C) the Health Coverage Tax Credit authorized under 
                section 35 of the Internal Revenue Code of 1986;
                    (D) Social Security benefits authorized under title 
                II of the Social Security Act (42 U.S.C. 401 et seq.);
                    (E) Medicare benefits authorized under title XVIII 
                of the Social Security Act (42 U.S.C. 1395 et seq.); 
                and
                    (F) benefits received under the Federal-State 
                Unemployment Compensation Act of 1970 (26 U.S.C. 3304 
                note).
            (6) Immigration laws.--The term ``immigration laws'' has 
        the meaning given the 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 the 
        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 ``active duty'', 
        ``active service'', ``active status'', and ``armed forces'' 
        have the meanings given those terms in section 101 of title 10, 
        United States Code.
            (9) Applicable federal tax liability.--The term 
        ``applicable Federal tax liability'' means liability for 
        Federal taxes imposed under the Internal Revenue Code of 1986, 
        including any penalties and interest on such taxes.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (11) Significant misdemeanor.--The term ``significant 
        misdemeanor'' means--
                    (A) a criminal offense involving--
                            (i) domestic violence;
                            (ii) sexual abuse or exploitation, 
                        including sexually explicit conduct involving 
                        minors (as such terms are defined in section 
                        2256 of title 18, United States Code);
                            (iii) burglary;
                            (iv) unlawful possession or use of a 
                        firearm;
                            (v) drug distribution or trafficking; or
                            (vi) driving under the influence or driving 
                        while intoxicated; or
                    (B) any other misdemeanor for which the individual 
                was sentenced to a term of imprisonment of not less 
                than 90 days (excluding a suspended sentence).

SEC. 3. 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 may 
        cancel the removal of an alien who is inadmissible or 
        deportable from the United States and grant the alien 
        conditional permanent resident status under this Act, if the 
        alien--
                    (A) has been physically present in the United 
                States for a continuous period since June 15, 2012;
                    (B) was younger than 16 years of age on the date on 
                which the alien initially entered the United States;
                    (C) was younger than 31 years of age and had no 
                lawful status in the United States on June 15, 2012;
                    (D) if 18 years of age or older--
                            (i) has, while in the United States, earned 
                        a high school diploma, obtained a general 
                        education development certificate recognized 
                        under State law, or received a high school 
                        equivalency diploma;
                            (ii) has been admitted to an institution of 
                        higher education in the United States; or
                            (iii) has served, is serving, or has 
                        enlisted in the Armed Forces of the United 
                        States;
                    (E) if younger than 18 years of age--
                            (i) is attending, or has enrolled in, a 
                        primary or secondary school; or
                            (ii) is attending, or has enrolled in, a 
                        postsecondary school;
                    (F) 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 on 
                which the alien initially entered the United States;
                    (G) has paid any applicable Federal tax liability 
                or has agreed to cure such liability through a payment 
                installment plan that has been approved by the Internal 
                Revenue Service;
                    (H) subject to paragraph (2)--
                            (i) is not inadmissible under paragraph 
                        (1), (2), (3), (4), (6)(C), (6)(E), (8), (9)(C) 
                        or (10) of section 212(a) of the Immigration 
                        and Nationality Act (8 U.S.C. 1182(a)), and is 
                        not inadmissible under subparagraph (A) of 
                        section 212(a)(9) of such Act (unless the 
                        Secretary determines that the sole basis for 
                        the alien's removal under such subparagraph was 
                        unlawful presence under subparagraph (B) of 
                        such section 212(a)(9));
                            (ii) is not deportable under paragraph 
                        (1)(D), (1)(E), (1)(G), (2), (3), (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) has not been convicted of--
                                    (I) a felony under Federal or State 
                                law, regardless of the sentence 
                                imposed;
                                    (II) any combination of offenses 
                                under Federal or State law for which 
                                the alien was sentenced to imprisonment 
                                for at least 1 year; or
                                    (III) a significant misdemeanor; 
                                and
                    (I) 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 final order was issued; 
                        or
                            (ii) received the final order before 
                        attaining 18 years of age.
            (2) Waiver.--
                    (A) In general.--The Secretary may waive, on a 
                case-by-case basis, a ground of inadmissibility under 
                paragraph (1), (4), (6)(B), or (6)(E) of section 212(a) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1182(a)), and a ground of deportability under paragraph 
                (A), (B), (C), or (E) of section 237(a)(1) of such Act 
                (8 U.S.C. 1227(a)(1)) for humanitarian purposes or if 
                such waiver is otherwise in the public interest.
                    (B) Quarterly report.--Not later than 180 days 
                after the date of the enactment of this Act, and 
                quarterly thereafter, the Secretary shall submit a 
                report to Congress that identifies--
                            (i) the number of waivers under this 
                        paragraph that were requested by aliens during 
                        the preceding quarter;
                            (ii) the number of such requests that were 
                        granted; and
                            (iii) the number of such requests that were 
                        denied.
            (3) Procedures.--
                    (A) Application for affirmative relief.--The 
                Secretary shall issue regulations that provide a 
                procedure for eligible individuals to affirmatively 
                apply for the relief available under this subsection 
                without being placed in removal proceedings.
                    (B) Acknowledgment to bars to relief.--
                            (i) Acknowledgment of notification.--The 
                        regulations issued pursuant to subparagraph (A) 
                        shall include a requirement that each alien 
                        applying for conditional permanent resident 
                        status under this Act who is at least 18 years 
                        of age sign, under penalty of perjury, an 
                        acknowledgment confirming that the alien was 
                        notified and understands that he or she will be 
                        ineligible for any form of relief or 
                        immigration benefit under this Act or other 
                        immigration laws other than withholding of 
                        removal under section 241(b)(3), or relief from 
                        removal based on a claim under the Convention 
                        Against Torture and Other Cruel, Inhuman or 
                        Degrading Treatment or Punishment, done at New 
                        York, December 10, 1984, if the alien violates 
                        a term for conditional permanent resident 
                        status under this Act.
                            (ii) Exception.--Notwithstanding an 
                        acknowledgment under clause (ii), the Secretary 
                        may allow an alien who violated the terms of 
                        conditional permanent resident status (other 
                        than a criminal alien or an alien deemed to be 
                        a national security or public safety risk) to 
                        seek relief from removal if the Secretary 
                        determines that such relief is warranted for 
                        humanitarian purposes or if otherwise in the 
                        public interest.
                            (iii) Judicial review.--Notwithstanding any 
                        other provision of law (statutory or 
                        nonstatutory), including section 2241 of title 
                        28, United States Code, any other habeas corpus 
                        provision, and sections 1361 and 1651 of such 
                        title, no court shall have jurisdiction to 
                        review a determination by the Secretary under 
                        clause (iii).
            (4) Submission of biometric and biographic data.--The 
        Secretary may not cancel the removal of an alien or grant 
        conditional permanent resident status to the alien under this 
        Act 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 disability or impairment.
            (5) Background checks.--
                    (A) Requirement for background checks.--The 
                Secretary shall utilize biometric, biographic, and 
                other data that the Secretary determines is 
                appropriate, including information obtained pursuant to 
                subparagraph (C)--
                            (i) to conduct security and law enforcement 
                        background checks of an alien seeking relief 
                        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 under 
                subparagraph (A) shall be completed, to the 
                satisfaction of the Secretary, before the date on which 
                the Secretary cancels the removal of the alien under 
                this Act.
                    (C) Criminal record requests.--The Secretary, in 
                cooperation with the Secretary of State, shall seek to 
                obtain information about any criminal activity the 
                alien engaged in, or for which the alien was convicted 
                in his or her country of nationality, country of 
                citizenship, or country of last habitual residence, 
                from INTERPOL, EUROPOL, or any other international or 
                national law enforcement agency of the alien's country 
                of nationality, country of citizenship, or country of 
                last habitual residence.
            (6) Medical examination.--An alien applying for relief 
        available under this subsection shall undergo a medical 
        examination conducted by a designated civil surgeon pursuant to 
        procedures established by the Secretary.
            (7) Military selective service.--An alien applying for 
        relief available under this subsection shall establish that the 
        alien has registered for the Selective Service under the 
        Military Selective Service Act (50 U.S.C. App. 451 et seq.) if 
        the alien is subject to such registration requirement under 
        such Act.
            (8) Treatment of expunged convictions.--
                    (A) In general.--The Secretary shall evaluate 
                expunged convictions on a case-by-case basis according 
                to the nature and severity of the offense to determine 
                whether, under the particular circumstances, an alien 
                may be eligible for--
                            (i) conditional permanent resident status 
                        under this Act;
                            (ii) removal of the conditional basis of 
                        the permanent resident status under section 5; 
                        or
                            (iii) adjustment to permanent resident 
                        status under this Act.
                    (B) Judicial review.--Notwithstanding any other 
                provision of law (statutory or nonstatutory), including 
                section 2241 of title 28, United States Code, any other 
                habeas corpus provision, and sections 1361 and 1651 of 
                such title, no court shall have jurisdiction to review 
                a determination by the Secretary under subparagraph 
                (A).
    (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.--Excepted as provided in paragraph (2), an 
        alien shall be considered to have failed to maintain continuous 
        physical presence in the United States under subsection 
        (a)(1)(A) if the alien has departed from the United States 
        for--
                    (A) any period exceeding 90 days; or
                    (B) any periods exceeding 180 days, in the 
                aggregate, during a 5-year period.
            (2) Extensions for exceptional circumstances.--The 
        Secretary may extend the 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 not less 
        compelling than the serious illness of the alien, or the death 
        or serious illness of the alien's parent, grandparent, sibling, 
        or child.
            (3) Exception for military service.--Any time spent outside 
        of the United States that is due to the alien's active service 
        in the Armed Forces of the United States shall not be counted 
        towards the time limits set forth in paragraph (1).
    (d) Rulemaking.--
            (1) Initial publication.--Not later than 180 days after the 
        date of the enactment of this Act, the Secretary shall publish 
        regulations implementing this section.
            (2) Interim regulations.--Notwithstanding section 553 of 
        title 5, United States Code, the regulations required under 
        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 under paragraph (1), the 
        Secretary shall publish final regulations implementing this 
        section.
    (e) Removal of Alien.--The Secretary may not seek to remove an 
alien who establishes prima facie eligibility for cancellation of 
removal and conditional permanent resident status under this Act until 
the alien has been provided with a reasonable opportunity to file an 
application for conditional permanent resident status under this Act.

SEC. 4. CONDITIONAL PERMANENT RESIDENT STATUS.

    (a) Initial Length of Status.--Conditional permanent resident 
status granted to an alien under this Act shall be valid--
            (1) for an initial period of 5 years, subject to 
        termination under subsection (c), if applicable; and
            (2) if the alien will not attain 18 years of age before the 
        end of the period described in paragraph (1), until the alien 
        reaches 18 years of age.
    (b) Terms of Conditional Permanent Resident Status.--
            (1) Employment.--A conditional permanent resident may--
                    (A) be employed in the United States incident to 
                conditional permanent resident status under this Act; 
                and
                    (B) enlist in the Armed Forces of the United States 
                in accordance with section 504(b)(1)(D) of title 10, 
                United States Code, as added by section 13.
            (2) Travel.--A conditional permanent resident may travel 
        outside the United States and may be admitted (if otherwise 
        admissible) upon returning 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 under this Act; and
                    (B) the alien's absence from the United States--
                            (i) was not for a period of 180 days or 
                        longer, or for multiple periods exceeding 180 
                        days in the aggregate; or
                            (ii) was due to active service in the Armed 
                        Forces of the United States.
    (c) Termination of Status.--
            (1) In general.--The Secretary shall immediately terminate 
        the conditional permanent resident status under this Act of any 
        alien who--
                    (A) is 18 years of age or older if the Secretary 
                determines that the alien is a postsecondary student 
                who was admitted to an accredited institution of higher 
                education in the United States, but failed to enroll in 
                such institution within 1 year after the date on which 
                the alien was granted conditional permanent resident 
                status under this Act or to remain so enrolled;
                    (B) is younger than 18 years of age if the 
                Secretary determines that the alien enrolled in a 
                primary or secondary school as a full-time student, but 
                has failed to attend such school for a period exceeding 
                1 year during the 5-year period beginning on the date 
                on which the alien was granted conditional permanent 
                resident status under this Act;
                    (C) was granted conditional permanent resident 
                status under this Act as an enlistee and--
                            (i) failed to complete basic training and 
                        begin active duty service or service in 
                        Selected Ready Reserve of the Ready Reserve of 
                        the Armed Forces of the United States within 1 
                        year after the date on which the alien was 
                        granted conditional permanent resident status 
                        under this Act; or
                            (ii) has received a dishonorable or other 
                        than honorable discharge from the Armed Forces 
                        of the United States;
                    (D) was granted conditional permanent resident 
                status under this Act as a result of fraud or 
                misrepresentation;
                    (E) ceases to meet a requirement under subparagraph 
                (F), (G), (H), or (I) of section 3(a)(1);
                    (F) violated a term or condition of his or her 
                conditional resident status;
                    (G) has become a public charge;
                    (H) has not maintained employment in the United 
                States for a period of at least 1 year since the alien 
                was granted conditional permanent resident status under 
                this Act and while the alien was not enrolled as a 
                student in a postsecondary school or institution of 
                higher education or serving in the Armed Forces of the 
                United States; or
                    (I) has not completed a combination of employment, 
                military service, or postsecondary school totaling 48 
                months during the 5-year period beginning on the date 
                on which the alien was granted conditional permanent 
                resident status under this Act.
            (2) Expedited removal for violating conditional permanent 
        resident status.--Any alien whose conditional permanent 
        resident status is terminated pursuant to paragraph (1)(E) for 
        failure to meet a requirement described in section 
        3(a)(1)(H)(iv) shall be subject to expedited removal.
            (3) Return to previous immigration status.--Any alien whose 
        conditional permanent resident status under this Act is 
        terminated under paragraph (1) shall return to the immigration 
        status the alien had immediately before receiving conditional 
        permanent resident status under this Act.
    (d) Extension of Conditional Permanent Resident Status.--The 
Secretary shall extend the conditional permanent resident status of an 
alien granted such status under this Act for an additional 5 years 
beyond the period specified in subsection (a) if the alien--
            (1) has demonstrated good moral character during the entire 
        period the alien has been a conditional permanent resident 
        under this Act;
            (2) is in compliance with section 3(a)(1);
            (3) has not abandoned the alien's residence in the United 
        States by being absent from the United States for a period of 
        180 days, or multiple periods of at least 180 days, in the 
        aggregate, during the period of conditional permanent resident 
        status under this Act;
            (4) does not have any delinquent tax liabilities;
            (5) has not received any Federal public benefit; and
            (6) while the alien has been a conditional permanent 
        resident under this Act--
                    (A) has graduated from an accredited institution of 
                higher education in the United States;
                    (B) has attended a postsecondary school for not 
                less than 8 semesters;
                    (C)(i) has served as a member of a regular or 
                reserve component of the Armed Forces of the United 
                States in an active duty status for at least 3 years; 
                and
                    (ii) if discharged from such service, received an 
                honorable discharge; or
                    (D) has attended a postsecondary school, served in 
                the Armed Forces of the United States, or maintained 
                employment in the United States for a cumulative total 
                of not less than 48 months.

SEC. 5. REMOVAL OF CONDITIONAL BASIS FOR PERMANENT RESIDENCE.

    (a) In General.--An alien who has been a conditional permanent 
resident under this Act for at least 10 years may file an application 
with the Secretary, in accordance with subsection (c), to remove the 
conditional basis on permanent residence and to have the alien's status 
adjusted to that of an alien lawfully admitted for permanent residence. 
The application shall include the required fee and shall be filed in 
accordance with the procedures established by the Secretary.
    (b) Adjudication of Application for Adjustment of Status.--
            (1) Adjustment of status if favorable determination.--If 
        the Secretary determines that an alien who filed an application 
        under subsection (a) meets the requirements described in 
        subsection (d), the Secretary shall--
                    (A) notify the alien of such determination; and
                    (B) adjust the alien's status to that of an alien 
                lawfully admitted for permanent residence.
            (2) Termination if adverse determination.--If the Secretary 
        determines that an alien who files an application under 
        subsection (a) does not meet the requirements described in 
        subsection (d), the Secretary shall--
                    (A) notify the alien of such determination; and
                    (B) terminate the conditional permanent resident 
                status of the alien.
    (c) Time To File Application.--
            (1) In general.--Applications for adjustment of status 
        described in subsection (a) shall be filed during the period--
                    (A) beginning 180 days before the expiration of the 
                10-year period of conditional permanent resident status 
                under this Act; and
                    (B) ending--
                            (i) 10 years after the date on which 
                        conditional permanent resident status was 
                        initially granted to the alien under this Act; 
                        or
                            (ii) after the conditional basis on such 
                        status has been removed.
            (2) Status during pendency.--An alien shall be deemed to be 
        in conditional permanent resident status in the United States 
        during the period in which an application filed by the alien 
        under subsection (a) is pending.
    (d) Contents of Application.--
            (1) In general.--Each application filed by an alien under 
        subsection (a) shall contain information to permit the 
        Secretary to determine whether the alien--
                    (A) has been a conditional permanent resident under 
                this Act for at least 10 years;
                    (B) has demonstrated good moral character during 
                the entire period the alien has been a conditional 
                permanent resident under this Act;
                    (C) is in compliance with section 3(a)(1); and
                    (D) has not abandoned the alien's residence in the 
                United States.
            (2) Presumptions.--For purposes of paragraph (1)--
                    (A) the Secretary shall presume that an alien has 
                abandoned the alien's residence in the United States 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 under this Act, 
                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 of the United 
                States 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), an 
        alien granted conditional permanent resident status under this 
        Act may not have the conditional basis for permanent residency 
        removed or be adjusted to permanent resident status unless the 
        alien demonstrates to the satisfaction of the Secretary that 
        the alien satisfies the requirements under section 312(a)(1) of 
        the Immigration and Nationality Act (8 U.S.C. 1423(a)(1)).
            (2) Exception.--Paragraph (1) shall not apply to an alien 
        who the Secretary determines is unable because of a physical or 
        developmental disability or mental impairment to meet the 
        requirements of such paragraph. The Secretary, in coordination 
        with the Secretary of Health and Human Services and the Surgeon 
        General, shall establish procedures for making determinations 
        under this subsection.
    (f) Payment of Federal Taxes.--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.
    (g) Submission of Biometric and Biographic Data.--The Secretary 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 disability or 
impairment.
    (h) Background Checks.--
            (1) Requirement for background checks.--The Secretary 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 under paragraph (1) 
        shall be completed with respect to an alien, to the 
        satisfaction of the Secretary, before the date on which the 
        Secretary grants adjustment of status to such alien.
    (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) Treatment of Aliens Meeting Requirements for Extension of 
Conditional Permanent Resident Status.--If an alien has satisfied all 
of the requirements under section 3(a)(1) as of the date of the 
enactment of this Act, the Secretary may cancel the removal of the 
alien and permit the alien to apply for conditional permanent resident 
status under this Act. After the initial period of conditional 
permanent resident status described in section 4(a), the Secretary 
shall extend such alien's conditional permanent resident status and 
permit the alien to apply for adjustment of status in accordance with 
subsection (a) if the alien has met the requirements under section 4(d) 
during the entire period of conditional permanent resident status under 
this Act.

SEC. 6. LIMITATION ON PAROLE AUTHORITY.

    Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 
1182(d)(5)) is amended--
     (a) by striking ``Attorney General'' each place such term appears 
and inserting ``Secretary of Homeland Security''; and
    (b) by adding at the end the following:
    ``(C)(i) The Secretary of Homeland Security may not use the 
authority under subparagraph (A) to parole generalized categories of 
aliens or classes of aliens based solely on--
            ``(I) nationality;
            ``(II) presence or residence in the United States;
            ``(III) family relationships; or
            ``(IV) any other criteria that would cover a broad group of 
        foreign nationals, whether inside or outside of the United 
        States.
    ``(ii)(I) In this clause, the term `advance parole' means advance 
approval for an alien applying for admission to the United States to 
request at a port of entry in the United States, a preinspection 
station, or a designated field office of the Department of Homeland 
Security, to be paroled into the United States under subparagraph (A).
    ``(II) The Secretary of Homeland Security, in the Secretary's 
discretion, may grant an application for advance parole. Approval of an 
application for advance parole shall not constitute a grant of parole 
under subparagraph (A). A grant of parole into the United States based 
on an approved application for advance parole shall not be considered 
parole for purposes of qualifying for adjustment of status to lawful 
permanent resident status in the United States under section 245 or 
245A.
    ``(III) The Secretary, in the Secretary's discretion, may revoke a 
grant of advance parole to an alien at any time. Such revocation shall 
not be subject to administrative appeal or judicial review.''.

SEC. 7. FAILURE TO COMPLY WITH STATUS REQUIREMENTS; VISA OVERSTAYS.

    (a) Visa Waiver Program Waiver of Rights.--Section 217(b) of the 
Immigration and Nationality Act (8 U.S.C. 1187(b)) is amended to read 
as follows:
    ``(b) Waiver of Rights.--An alien may not be provided a waiver 
under the program unless the alien--
            ``(1) has signed, under penalty of perjury, an 
        acknowledgment confirming that the alien has been notified and 
        understands that he or she will be ineligible for any right to 
        relief under sections 240B, 245, 248, and 249 (other than 
        relief from removal under section 241(b)(3)) and any relief not 
        in effect at the time such acknowledgment is signed, if the 
        alien fails to depart from the United States at the end of the 
        90-day period for admission;
            ``(2) has waived any right to review or appeal under this 
        Act of an immigration officer's determination regarding the 
        admissibility of the alien at a port of entry into the United 
        States; and
            ``(3) has waived any right to contest, other than on the 
        basis of an application for asylum, any action for removal of 
        the alien.''.
    (b) Issuance of Nonimmigrant Visas.--Section 221(a) of the 
Immigration and Nationality Act (8 U.S.C. 1201(a)) is amended by adding 
at the end the following:
            ``(3) The Secretary of State shall ensure that every 
        application for a nonimmigrant visa includes an acknowledgment 
        confirming that the alien--
                    ``(A) has been notified of the terms and conditions 
                of the nonimmigrant visa, including the waiver of 
                rights under subsection (j); and
                    ``(B) understands that he or she will be ineligible 
                for any right to relief under sections 240B, 245, 248, 
                and 249, any relief not in effect at the time such 
                acknowledgment is signed, and from contesting removal, 
                if the alien violates any term or condition of his or 
                her nonimmigrant visa.''.
    (c) Bars to Immigration Relief.--Section 221 of the Immigration and 
Nationality Act (8 U.S.C. 1201) is amended by adding at the end the 
following:
    ``(j) Waiver of Rights.--The Secretary of State may not issue a 
nonimmigrant visa under section 214 to an alien (other than an alien 
who qualifies for a visa under subparagraph (A) or (G) of such section 
101(a)(15), is a VAWA self-petitioner, or qualifies for a visa under 
the North Atlantic Treaty, signed at Washington April 4, 1949) until 
the alien has waived any right to relief under sections 240B, 245, 248, 
and 249 (other than relief from removal under section 241(b)(3)), any 
form of relief established after the date on which the nonimmigrant 
visa is issued, and from contesting removal if the alien--
            ``(1) violates a term or condition of his or her 
        nonimmigrant status; or
            ``(2) fails to depart the United States at the end of the 
        alien's authorized period of stay.''.

SEC. 8. BENEFITS FOR RELATIVES OF ALIENS GRANTED CONDITIONAL PERMANENT 
              RESIDENT STATUS.

    Notwithstanding any other provision of law, nothing in this Act may 
be construed to provide a spouse, parent, child, or other family member 
of an alien granted conditional permanent resident status or lawful 
permanent resident status under this Act with any immigration benefit 
or special consideration for such relatives to be admitted into or 
remain in the United States.

SEC. 9. EXCLUSIVE JURISDICTION.

    (a) Secretary of Homeland Security.--Except as provided in 
subsection (b), the Secretary shall have exclusive jurisdiction to 
determine eligibility for relief under this Act. 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 a final order is entered before relief is granted under this Act, 
the Attorney General shall terminate such order only after the alien 
has been granted conditional permanent resident status under this Act.
    (b) Attorney General.--The Attorney General shall have exclusive 
jurisdiction to determine eligibility for relief under this Act for any 
alien who has been placed into deportation, exclusion, or removal 
proceedings, whether such placement occurred before or after the alien 
filed an application for cancellation of removal and conditional 
permanent resident status or adjustment of status under this Act. Such 
exclusive jurisdiction shall continue until such proceedings are 
terminated.

SEC. 10. CONFIDENTIALITY OF INFORMATION.

    (a) Prohibition.--Except as provided in subsection (b), an officer 
or employee of the United States may not--
            (1) use the information provided 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 provided 
        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 to examine such application filed 
        under this Act.
    (b) Required Disclosure.--The Attorney General or the Secretary 
shall disclose the information provided by an individual under this Act 
and any other information derived from such 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.--Nothing in 
this section may be construed to prevent the disclosure and use of 
information provided by an alien under this Act to determine 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 from being 
used or released for immigration enforcement, law enforcement, or 
national security purposes.
    (d) Penalty.--Any person who knowingly uses, publishes, or permits 
information to be examined in violation of this section shall be fined 
not more than $10,000.

SEC. 11. RESTRICTION ON WELFARE BENEFITS FOR CONDITIONAL PERMANENT 
              RESIDENTS.

    For purposes of the 5-year eligibility waiting period under section 
403 of the Personal Responsibility and Work Opportunity Reconciliation 
Act of 1996 (8 U.S.C. 1613), an individual who has met the requirements 
under section 5 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 such section.

SEC. 12. 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 a report to 
the Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives that sets forth--
            (1) the number of aliens who were eligible for cancellation 
        of removal and grant of conditional permanent resident status 
        under section 3(a);
            (2) the number of aliens who applied for cancellation of 
        removal and grant of conditional permanent resident status 
        under section 3(a);
            (3) the number of aliens who were granted conditional 
        permanent resident status under section 3(a); and
            (4) the number of aliens whose status was adjusted to that 
        of an alien lawfully admitted for permanent residence pursuant 
        to section 5.

SEC. 13. MILITARY ENLISTMENT.

    Section 504(b)(1) of title 10, United States Code, is amended by 
adding at the end the following:
            ``(D) An alien who is a conditional permanent resident (as 
        defined in section 2 of the SUCCEED Act).''.

SEC. 14. ELIGIBILITY FOR NATURALIZATION.

    Notwithstanding sections 319(b), 328, and 329 of the Immigration 
and Nationality Act (8 U.S.C. 1430(b), 1439, and 1440), an alien whose 
status is adjusted under section 5 to that of an alien lawfully 
admitted for permanent residence may apply for naturalization under 
chapter 2 of title III of the Immigration and Nationality Act (8 U.S.C. 
310 et seq.) not earlier than 5 years after such adjustment of status.
                                 <all>