[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2821 Reported in House (RH)]
<DOC>
Union Calendar No. 72
116th CONGRESS
1st Session
H. R. 2821
[Report No. 116-97]
To authorize the cancellation of removal and adjustment of status of
certain nationals of certain countries designated for temporary
protected status or deferred enforced departure, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 17, 2019
Ms. Velazquez (for herself and Ms. Clarke of New York) introduced the
following bill; which was referred to the Committee on the Judiciary
May 30, 2019
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on May 17,
2019]
_______________________________________________________________________
A BILL
To authorize the cancellation of removal and adjustment of status of
certain nationals of certain countries designated for temporary
protected status or deferred enforced departure, 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 Promise Act of 2019''.
TITLE I--TREATMENT OF CERTAIN NATIONALS OF CERTAIN COUNTRIES DESIGNATED
FOR TEMPORARY PROTECTED STATUS OR DEFERRED ENFORCED DEPARTURE
SEC. 101. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF CERTAIN
COUNTRIES DESIGNATED FOR TEMPORARY PROTECTED STATUS OR
DEFERRED ENFORCED DEPARTURE.
(a) In General.--Notwithstanding any other provision of law, the
Secretary or the Attorney General shall cancel the removal of, and
adjust to the status of an alien lawfully admitted for permanent
residence, an alien described in subsection (b) if the alien--
(1) applies for such adjustment, including submitting any
required documents under section 207, not later than 3 years
after the date of the enactment of this Act;
(2) has been continuously physically present in the United
States for a period of not less than 3 years before the date of
the enactment of this Act; and
(3) is not inadmissible under paragraph (1), (2), (3),
(6)(D), (6)(E), (6)(F), (6)(G), (8), or (10) of section 212(a)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)).
(b) Aliens Eligible for Adjustment of Status.--An alien shall be
eligible for adjustment of status under this section if the alien is an
individual--
(1) who--
(A) is a national of a foreign state (or part
thereof) (or in the case of an alien having no
nationality, is a person who last habitually resided in
such state) with a designation under subsection (b) of
section 244 of the Immigration and Nationality Act (8
U.S.C. 1254a(b)) on January 1, 2017, who had or was
otherwise eligible for temporary protected status on
such date notwithstanding subsections (c)(1)(A)(iv) and
(c)(3)(C) of such section; and
(B) has not engaged in conduct since such date that
would render the alien ineligible for temporary
protected status under section 244(c)(2) of the
Immigration and Nationality Act (8 U.S.C. 1245a(c)(2));
or
(2) who was eligible for Deferred Enforced Departure as of
January 1, 2017, and has not engaged in conduct since that date
that would render the alien ineligible for Deferred Enforced
Departure.
(c) Application.--
(1) Fee.--The Secretary shall, subject to an exemption
under section 203(c), require an alien applying for adjustment
of status under this section to pay a reasonable fee that is
commensurate with the cost of processing the application, but
does not exceed $1,140.
(2) Background checks.--The Secretary may not grant an
alien permanent resident status on a conditional basis under
this section until the requirements of section 202 are
satisfied.
(3) Withdrawal of application.--The Secretary of Homeland
Security shall, upon receipt of a request to withdraw an
application for adjustment of status under this section, cease
processing of the application and close the case. Withdrawal of
the application under this subsection shall not prejudice any
future application filed by the applicant for any immigration
benefit under this Act or under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq).
TITLE II--GENERAL PROVISIONS
SEC. 201. DEFINITIONS.
(a) In General.--In this Act:
(1) In general.--Except as otherwise specifically provided,
any term used in this Act that is used in the immigration laws
shall have the meaning given such term in the immigration laws.
(2) Disability.--The term ``disability'' has the meaning
given such term in section 3(1) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102(1)).
(3) Federal poverty line.--The term ``Federal poverty
line'' has the meaning given such term in section 213A(h) of
the Immigration and Nationality Act (8 U.S.C. 1183a).
(4) 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)).
(5) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Homeland
Security.
(6) Uniformed services.--The term ``Uniformed Services''
has the meaning given the term ``uniformed services'' in
section 101(a) of title 10, United States Code.
(b) Treatment of Expunged Convictions.--For purposes of adjustment
of status under this Act, the terms ``convicted'' and ``conviction'',
as used in sections 212 and 244 of the Immigration and Nationality Act
(8 U.S.C. 1182, 1254a), do not include a judgment that has been
expunged or set aside, that resulted in a rehabilitative disposition,
or the equivalent.
SEC. 202. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA; BACKGROUND
CHECKS.
(a) Submission of Biometric and Biographic Data.--The Secretary may
not grant an alien adjustment of status 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 aliens who are unable to provide such
biometric or biographic data because of a physical impairment.
(b) Background Checks.--The Secretary shall use biometric,
biographic, and other data that the Secretary determines appropriate to
conduct security and law enforcement background checks and to determine
whether there is any criminal, national security, or other factor that
would render the alien ineligible for adjustment of status under this
Act. The status of an alien may not be adjusted unless security and law
enforcement background checks are completed to the satisfaction of the
Secretary.
SEC. 203. LIMITATION ON REMOVAL; APPLICATION AND FEE EXEMPTION; WAIVER
OF GROUNDS FOR INADMISSIBILITY AND OTHER CONDITIONS ON
ELIGIBLE INDIVIDUALS.
(a) Limitation on Removal.--An alien who appears to be prima facie
eligible for relief under this Act shall be given a reasonable
opportunity to apply for such relief and may not be removed until,
subject to section 206(c), a final decision establishing ineligibility
for relief is rendered.
(b) Application.--An alien present in the United States who has
been ordered removed or has been permitted to depart voluntarily from
the United States may, notwithstanding such order or permission to
depart, apply for adjustment of status under this Act. Such alien shall
not be required to file a separate motion to reopen, reconsider, or
vacate the order of removal. If the Secretary approves the application,
the Secretary shall cancel the order of removal. If the Secretary
renders a final administrative decision to deny the application, the
order of removal or permission to depart shall be effective and
enforceable to the same extent as if the application had not been made,
only after all available administrative and judicial remedies have been
exhausted.
(c) Fee Exemption.--An applicant may be exempted from paying an
application fee required under this Act if the applicant--
(1) is younger than 18 years of age;
(2) received total income, during the 12-month period
immediately preceding the date on which the applicant files an
application under this Act, that is less than 150 percent of
the Federal poverty line;
(3) is in foster care or otherwise lacks any parental or
other familial support; or
(4) cannot care for himself or herself because of a
serious, chronic disability.
(d) Waiver of Grounds of Inadmissibility.--
(1) In general.--Except as provided in paragraph (2), with
respect to any benefit under this Act, and in addition to any
waivers that are otherwise available, the Secretary may waive
the grounds of inadmissibility under paragraph (1),
subparagraphs (A), (C), and (D) of paragraph (2), subparagraphs
(D) through (G) of paragraph (6), or paragraph (10)(D) of
section 212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)) for humanitarian purposes, for family unity, or
because the waiver is otherwise in the public interest.
(2) Exception.--The Secretary may not waive a ground
described in paragraph (1) if such inadmissibility is based on
a conviction or convictions, and such conviction or convictions
would otherwise render the alien ineligible under section
244(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C.
1254a(c)(2)(B)).
(e) Advance Parole.--During the period beginning on the date on
which an alien applies for adjustment of status under this Act and
ending on the date on which the Secretary makes a final decision
regarding such application, the alien shall be eligible to apply for
advance parole. Section 101(g) of the Immigration and Nationality Act
(8 U.S.C. 1101(g)) shall not apply to an alien granted advance parole
under this section.
(f) Employment.--An alien whose removal is stayed pursuant to this
Act, or who has pending an application under this Act, shall, upon
application to the Secretary, be granted an employment authorization
document.
SEC. 204. DETERMINATION OF CONTINUOUS PRESENCE.
(a) Effect of Notice to Appear.--Any period of continuous physical
presence in the United States of an alien who applies for adjustment of
status under this Act 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)).
(b) Treatment of Certain Breaks in Presence.--
(1) In general.--Except as provided in paragraphs (2) and
(3), an alien shall be considered to have failed to maintain
continuous physical presence in the United States under this
Act if the alien has departed from the United States for any
period exceeding 90 days or for any periods, in the aggregate,
exceeding 180 days.
(2) Extensions for extenuating circumstances.--The
Secretary may extend the time periods described in paragraph
(1) for an alien who demonstrates that the failure to timely
return to the United States was due to extenuating
circumstances beyond the alien's control, including the serious
illness of the alien, or death or serious illness of a parent,
grandparent, sibling, or child of the alien.
(3) Travel authorized by the secretary.--Any period of
travel outside of the United States by an alien that was
authorized by the Secretary may not be counted toward any
period of departure from the United States under paragraph (1).
(c) Waiver of Physical Presence.--With respect to aliens who were
removed or departed the United States on or after January 20, 2017, and
who were continuously physically present in the United States for at
least 3 years prior to such removal or departure, the Secretary may, as
a matter of discretion, waive the physical presence requirement under
section 101(a)(2) for humanitarian purposes, for family unity, or
because a waiver is otherwise in the public interest. The Secretary, in
consultation with the Secretary of State, shall establish a procedure
for such aliens to apply for relief under section 101 from outside the
United States if they would have been eligible for relief under such
section, but for their removal or departure.
SEC. 205. EXEMPTION FROM NUMERICAL LIMITATIONS.
Nothing in this Act or in any other law may be construed to apply a
numerical limitation on the number of aliens who may be granted
permanent resident status under this Act.
SEC. 206. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) Administrative Review.--Not later than 30 days after the date
of the enactment of this Act, the Secretary shall provide to aliens who
have applied for adjustment of status under this Act a process by which
an applicant may seek administrative appellate review of a denial of an
application for adjustment of status, or a revocation of such status.
(b) Judicial Review.--Notwithstanding any other provision of law,
an alien may seek judicial review of a denial of an application for
adjustment of status, or a revocation of such status, under this Act in
the United States district court with jurisdiction over the alien's
residence.
(c) Stay of Removal.--
(1) In general.--Except as provided in paragraph (2), an
alien seeking administrative or judicial review under this Act
may not be removed from the United States until a final
decision is rendered establishing that the alien is ineligible
for adjustment of status under this Act.
(2) Exception.--The Secretary may remove an alien described
in paragraph (1) pending judicial review if such removal is
based on criminal or national security grounds. Such removal
does not affect the alien's right to judicial review under this
Act. The Secretary shall promptly return a removed alien if a
decision to deny an application for adjustment of status under
this Act, or to revoke such status, is reversed.
SEC. 207. DOCUMENTATION REQUIREMENTS.
(a) Documents Establishing Identity.--An alien's application for
permanent resident status under this Act may include, as evidence of
identity, the following:
(1) A passport or national identity document from the
alien's country of origin that includes the alien's name and
the alien's photograph or fingerprint.
(2) The alien's birth certificate and an identity card that
includes the alien's name and photograph.
(3) A school identification card that includes the alien's
name and photograph, and school records showing the alien's
name and that the alien is or was enrolled at the school.
(4) A Uniformed Services identification card issued by the
Department of Defense.
(5) Any immigration or other document issued by the United
States Government bearing the alien's name and photograph.
(6) A State-issued identification card bearing the alien's
name and photograph.
(7) Any other evidence determined to be credible by the
Secretary.
(b) Documents Establishing Continuous Physical Presence.--An
alien's application for permanent resident status under this Act may
include, as evidence that the alien has been continuously physically
present in the United States, as required under section 101(a)(2), the
following:
(1) Passport entries, including admission stamps on the
alien's passport.
(2) Any document from the Department of Justice or the
Department of Homeland Security noting the alien's date of
entry into the United States.
(3) Records from any educational institution the alien has
attended in the United States.
(4) Employment records of the alien that include the
employer's name and contact information.
(5) Records of service from the Uniformed Services.
(6) Official records from a religious entity confirming the
alien's participation in a religious ceremony.
(7) A birth certificate for a child who was born in the
United States.
(8) Hospital or medical records showing medical treatment
or hospitalization, the name of the medical facility or
physician, and the date of the treatment or hospitalization.
(9) Automobile license receipts or registration.
(10) Deeds, mortgages, or rental agreement contracts.
(11) Rent receipts or utility bills bearing the alien's
name or the name of an immediate family member of the alien,
and the alien's address.
(12) Tax receipts;
(13) Insurance policies.
(14) Remittance records, including copies of money order
receipts sent in or out of the country.
(15) Travel records.
(16) Dated bank transactions.
(17) Two or more sworn affidavits from individuals who are
not related to the alien who have direct knowledge of the
alien's continuous physical presence in the United States, that
contain--
(A) the name, address, and telephone number of the
affiant; and
(B) the nature and duration of the relationship
between the affiant and the alien.
(18) Any other evidence determined to be credible by the
Secretary.
(c) Documents Establishing Exemption From Application Fees.--An
alien's application for permanent resident status under this Act may
include, as evidence that the alien is exempt from an application fee
under section 203(c), the following:
(1) Documents to establish age.--To establish that an alien
meets an age requirement, the alien may provide proof of
identity, as described in subsection (a), that establishes that
the alien is younger than 18 years of age.
(2) Documents to establish income.--To establish the
alien's income, the alien may provide--
(A) employment records or other records of earned
income, including records that have been maintained by
the Social Security Administration, the Internal
Revenue Service, or any other Federal, State, or local
government agency;
(B) bank records; or
(C) at least 2 sworn affidavits from individuals
who are not related to the alien and who have direct
knowledge of the alien's work and income that contain--
(i) the name, address, and telephone number
of the affiant; and
(ii) the nature and duration of the
relationship between the affiant and the alien.
(3) Documents to establish foster care, lack of familial
support, or serious, chronic disability.--To establish that the
alien is in foster care, lacks parental or familial support, or
has a serious, chronic disability, the alien may provide at
least 2 sworn affidavits from individuals who are not related
to the alien and who have direct knowledge of the circumstances
that contain--
(A) a statement that the alien is in foster care,
otherwise lacks any parental or other familiar support,
or has a serious, chronic disability, as appropriate;
(B) the name, address, and telephone number of the
affiant; and
(C) the nature and duration of the relationship
between the affiant and the alien.
(d) Authority to Prohibit Use of Certain Documents.--If the
Secretary determines, after publication in the Federal Register and an
opportunity for public comment, that any document or class of documents
does not reliably establish identity or that permanent resident status
under this Act is being obtained fraudulently to an unacceptable
degree, the Secretary may prohibit or restrict the use of such document
or class of documents.
SEC. 208. RULE MAKING.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall publish in the Federal
Register interim final rules implementing this Act, which shall allow
eligible individuals to immediately apply for relief under section 101.
Notwithstanding section 553 of title 5, United States Code, the
regulation 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. The Secretary
shall finalize such rules not later than 180 days after the date of
publication.
(b) Paperwork Reduction Act.--The requirements under chapter 35 of
title 44, United States Code, (commonly known as the ``Paperwork
Reduction Act'') shall not apply to any action to implement this Act.
SEC. 209. CONFIDENTIALITY OF INFORMATION.
(a) In General.--The Secretary may not disclose or use information
provided in applications filed under this Act (including information
provided during administrative or judicial review) for the purpose of
immigration enforcement.
(b) Referrals Prohibited.--The Secretary, based solely on
information provided in an application for adjustment of status under
this Act (including information provided during administrative or
judicial review), may not refer an applicant to U.S. Immigration and
Customs Enforcement, U.S. Customs and Border Protection, or any
designee of either such entity .
(c) Limited Exception.--Notwithstanding subsections (a) and (b),
information provided in an application for adjustment of status under
this Act may be shared with Federal security and law enforcement
agencies--
(1) for assistance in the consideration of an application
for adjustment of status under this Act;
(2) to identify or prevent fraudulent claims;
(3) for national security purposes; or
(4) for the investigation or prosecution of any felony not
related to immigration status.
(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. 210. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.
(a) Establishment.--The Secretary of Homeland Security shall
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 shall be
used for the design and implementation of programs that provide--
(1) information to the public regarding the eligibility and
benefits of permanent resident status 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
adjustment of status under this Act, 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; and
(C) providing any other assistance that the
Secretary or grantee considers useful or necessary to
apply for adjustment of status under this Act; 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 test; 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 2020 through 2030 to carry out this section.
(2) Availability.--Any amounts appropriated pursuant to
paragraph (1) shall remain available until expended.
SEC. 211. PROVISIONS AFFECTING ELIGIBILITY FOR ADJUSTMENT OF STATUS.
An alien's eligibility to be lawfully admitted for permanent
residence under this Act shall not preclude the alien from seeking any
status under any other provision of law for which the alien may
otherwise be eligible.
Union Calendar No. 72
116th CONGRESS
1st Session
H. R. 2821
[Report No. 116-97]
_______________________________________________________________________
A BILL
To authorize the cancellation of removal and adjustment of status of
certain nationals of certain countries designated for temporary
protected status or deferred enforced departure, and for other
purposes.
_______________________________________________________________________
May 30, 2019
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed