[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 365 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                 S. 365

 To authorize the cancellation of removal and adjustment of status of 
 certain individuals 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

                            February 9, 2023

Mr. Durbin (for himself and Mr. Graham) 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 individuals who are long-term United States residents and who 
     entered the United States as children, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dream Act of 2023''.

SEC. 2. DEFINITIONS.

    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) DACA.--The term ``DACA'' means deferred action granted 
        to an alien pursuant to the Deferred Action for Childhood 
        Arrivals program announced by President Obama on June 15, 2012.
            (3) 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)).
            (4) Early childhood education program.--The term ``early 
        childhood education program'' has the meaning given such term 
        in section 103 of the Higher Education Act of 1965 (20 U.S.C. 
        1003).
            (5) Elementary school; high school; secondary school.--The 
        terms ``elementary school'', ``high school'', and ``secondary 
        school'' have the meanings given such terms in section 8101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (6) Immigration laws.--The term ``immigration laws'' has 
        the meaning given such term in section 101(a)(17) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
            (7) Institution of higher education.--The term 
        ``institution of higher education''--
                    (A) except as provided in subparagraph (B), has the 
                meaning given such term in section 102 of the Higher 
                Education Act of 1965 (20 U.S.C. 1002); and
                    (B) does not include an institution of higher 
                education outside of the United States.
            (8) Permanent resident status on a conditional basis.--The 
        term ``permanent resident status on a conditional basis'' means 
        status as an alien lawfully admitted for permanent residence on 
        a conditional basis under this Act.
            (9) Poverty line.--The term ``poverty line'' has the 
        meaning given such term in section 673 of the Community 
        Services Block Grant Act (42 U.S.C. 9902).
            (10) Secretary.--Except as otherwise specifically provided, 
        the term ``Secretary'' means the Secretary of Homeland 
        Security.
            (11) Uniformed services.--The term ``Uniformed Services'' 
        has the meaning given the term ``uniformed services'' in 
        section 101(a) of title 10, United States Code.

SEC. 3. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS FOR CERTAIN 
              LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS 
              CHILDREN.

    (a) Conditional Basis for Status.--Notwithstanding any other 
provision of law, an alien shall be considered, at the time of 
obtaining the status of an alien lawfully admitted for permanent 
residence under this section, to have obtained such status on a 
conditional basis subject to the provisions under this Act.
    (b) Requirements.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary shall cancel the removal of, and adjust to 
        the status of an alien lawfully admitted for permanent 
        residence on a conditional basis, an alien who is inadmissible 
        or deportable from the United States or is in temporary 
        protected status under section 244 of the Immigration and 
        Nationality Act (8 U.S.C. 1254a), if--
                    (A) the alien has been continuously physically 
                present in the United States since the date that is 4 
                years before the date of the enactment of this Act;
                    (B) the alien was younger than 18 years of age on 
                the date on which the alien initially entered the 
                United States;
                    (C) subject to paragraphs (2) and (3), the alien--
                            (i) is not inadmissible under paragraph 
                        (2), (3), (6)(E), (6)(G), (8), (10)(A), 
                        (10)(C), or (10)(D) of section 212(a) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1182(a));
                            (ii) 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
                            (iii) has not been convicted of--
                                    (I) any offense under Federal or 
                                State law, other than a State offense 
                                for which an essential element is the 
                                alien's immigration status, that is 
                                punishable by a maximum term of 
                                imprisonment of more than 1 year; or
                                    (II) 3 or more offenses under 
                                Federal or State law, other than State 
                                offenses for which an essential element 
                                is the alien's immigration status, for 
                                which the alien was convicted on 
                                different dates for each of the 3 
                                offenses and imprisoned for an 
                                aggregate of 90 days or more; and
                    (D) the alien--
                            (i) has been admitted to an institution of 
                        higher education;
                            (ii) has earned a high school diploma or a 
                        commensurate alternative award from a public or 
                        private high school, or has obtained a general 
                        education development certificate recognized 
                        under State law or a high school equivalency 
                        diploma in the United States; or
                            (iii) is enrolled in secondary school or in 
                        an education program assisting students in--
                                    (I) obtaining a regular high school 
                                diploma or its recognized equivalent 
                                under State law; or
                                    (II) in passing a general 
                                educational development exam, a high 
                                school equivalence diploma examination, 
                                or other similar State-authorized exam.
            (2) Waiver.--With respect to any benefit under this Act, 
        the Secretary may waive the grounds of inadmissibility under 
        paragraph (2), (6)(E), (6)(G), or (10)(D) of section 212(a) of 
        the Immigration and Nationality Act (8 U.S.C. 1182(a)) for 
        humanitarian purposes or family unity or if the waiver is 
        otherwise in the public interest.
            (3) Treatment of expunged convictions.--An expunged 
        conviction shall not automatically be treated as an offense 
        under paragraph (1). 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, the Secretary determines that the 
        alien should be eligible for cancellation of removal, 
        adjustment to permanent resident status on a conditional basis, 
        or other adjustment of status.
            (4) DACA recipients.--The Secretary shall cancel the 
        removal of, and adjust to the status of an alien lawfully 
        admitted for permanent residence on a conditional basis, an 
        alien who was granted DACA unless the alien has engaged in 
        conduct since the alien was granted DACA that would make the 
        alien ineligible for DACA.
            (5) Application fee.--
                    (A) In general.--The Secretary may require an alien 
                applying for permanent resident status on a conditional 
                basis under this section to pay a reasonable fee that 
                is commensurate with the cost of processing the 
                application.
                    (B) Exemption.--An applicant may be exempted from 
                paying the fee required under subparagraph (A) if the 
                alien--
                            (i)(I) is younger than 18 years of age;
                            (II) received total income, during the 12-
                        month period immediately preceding the date on 
                        which the alien files an application under this 
                        section, that is less than 150 percent of the 
                        poverty line; and
                            (III) is in foster care or otherwise 
                        lacking any parental or other familial support;
                            (ii) is younger than 18 years of age and is 
                        homeless;
                            (iii)(I) cannot care for himself or herself 
                        because of a serious, chronic disability; and
                            (II) received total income, during the 12-
                        month period immediately preceding the date on 
                        which the alien files an application under this 
                        section, that is less than 150 percent of the 
                        poverty line; or
                            (iv)(I) during the 12-month period 
                        immediately preceding the date on which the 
                        alien files an application under this section, 
                        accumulated $10,000 or more in debt as a result 
                        of unreimbursed medical expenses incurred by 
                        the alien or an immediate family member of the 
                        alien; and
                            (II) received total income, during the 12-
                        month period immediately preceding the date on 
                        which the alien files an application under this 
                        section, that is less than 150 percent of the 
                        poverty line.
            (6) Submission of biometric and biographic data.--The 
        Secretary may not grant an alien permanent resident status on a 
        conditional basis 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 aliens who are unable to provide such 
        biometric or biographic data because of a physical impairment.
            (7) Background checks.--
                    (A) Requirement for background checks.--The 
                Secretary shall utilize biometric, biographic, and 
                other data that the Secretary determines appropriate--
                            (i) to conduct security and law enforcement 
                        background checks of an alien seeking permanent 
                        resident status on a conditional basis under 
                        this section; and
                            (ii) to determine whether there is any 
                        criminal, national security, or other factor 
                        that would render the alien ineligible for such 
                        status.
                    (B) Completion of background checks.--The security 
                and law enforcement background checks of an alien 
                required under subparagraph (A) shall be completed, to 
                the satisfaction of the Secretary, before the date on 
                which the Secretary grants such alien permanent 
                resident status on a conditional basis under this 
                section.
            (8) Medical examination.--
                    (A) Requirement.--An alien applying for permanent 
                resident status on a conditional basis under this 
                section shall undergo a medical examination.
                    (B) Policies and procedures.--The Secretary, with 
                the concurrence of the Secretary of Health and Human 
                Services, shall prescribe policies and procedures for 
                the nature and timing of the examination required under 
                subparagraph (A).
            (9) Military selective service.--An alien applying for 
        permanent resident status on a conditional basis under this 
        section shall establish that the alien has registered under the 
        Military Selective Service Act (50 U.S.C. 3801 et seq.), if the 
        alien is subject to registration under such Act.
    (c) Determination of Continuous Presence.--
            (1) Termination of continuous period.--Any period of 
        continuous physical presence in the United States of an alien 
        who applies for permanent resident status on a conditional 
        basis under this section shall not terminate when the alien is 
        served a notice to appear under section 239(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1229(a)).
            (2) Treatment of certain breaks in presence.--
                    (A) In general.--Except as provided in 
                subparagraphs (B) and (C), an alien shall be considered 
                to have failed to maintain continuous physical presence 
                in the United States under subsection (b)(1)(A) 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.
                    (B) Extensions for extenuating circumstances.--The 
                Secretary may extend the time periods described in 
                subparagraph (A) 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.
                    (C) 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 subparagraph (A).
    (d) Limitation on Removal of Certain Aliens.--
            (1) In general.--The Secretary or the Attorney General may 
        not remove an alien who appears prima facie eligible for relief 
        under this section.
            (2) Aliens subject to removal.--The Secretary shall provide 
        a reasonable opportunity to apply for relief under this section 
        to any alien who requests such an opportunity or who appears 
        prima facie eligible for relief under this section if the alien 
        is in removal proceedings, is the subject of a final removal 
        order, or is the subject of a voluntary departure order.
            (3) Certain aliens enrolled in elementary or secondary 
        school.--
                    (A) Stay of removal.--The Attorney General shall 
                stay the removal proceedings of an alien who--
                            (i) meets all the requirements under 
                        subparagraphs (A), (B), and (C) of subsection 
                        (b)(1), subject to paragraphs (2) and (3) of 
                        such subsection;
                            (ii) is at least 5 years of age; and
                            (iii) is enrolled in an elementary school, 
                        a secondary school, or an early childhood 
                        education program.
                    (B) Commencement of removal proceedings.--The 
                Secretary may not commence removal proceedings for an 
                alien described in subparagraph (A).
                    (C) Employment.--An alien whose removal is stayed 
                pursuant to subparagraph (A) or who may not be placed 
                in removal proceedings pursuant to subparagraph (B) 
                shall, upon application to the Secretary, be granted an 
                employment authorization document.
                    (D) Lift of stay.--The Secretary or Attorney 
                General may not lift the stay granted to an alien under 
                subparagraph (A) unless the alien ceases to meet the 
                requirements under such subparagraph.
    (e) 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 granted permanent resident status on a 
conditional basis under this Act.

SEC. 4. TERMS OF PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS.

    (a) Period of Status.--Permanent resident status on a conditional 
basis is--
            (1) valid for a period of 8 years, unless such period is 
        extended by the Secretary; and
            (2) subject to termination under subsection (c).
    (b) Notice of Requirements.--At the time an alien obtains permanent 
resident status on a conditional basis, the Secretary shall provide 
notice to the alien regarding the provisions of this Act and the 
requirements to have the conditional basis of such status removed.
    (c) Termination of Status.--The Secretary may terminate the 
permanent resident status on a conditional basis of an alien only if 
the Secretary--
            (1) determines that the alien ceases to meet the 
        requirements under paragraph (1)(C) of section 3(b), subject to 
        paragraphs (2) and (3) of that section; and
            (2) prior to the termination, provides the alien--
                    (A) notice of the proposed termination; and
                    (B) the opportunity for a hearing to provide 
                evidence that the alien meets such requirements or 
                otherwise contest the termination.
    (d) Return to Previous Immigration Status.--
            (1) In general.--Except as provided in paragraph (2), an 
        alien whose permanent resident status on a conditional basis 
        expires under subsection (a)(1) or is terminated under 
        subsection (c) or whose application for such status is denied 
        shall return to the immigration status that the alien had 
        immediately before receiving permanent resident status on a 
        conditional basis or applying for such status, as appropriate.
            (2) Special rule for temporary protected status.--An alien 
        whose permanent resident status on a conditional basis expires 
        under subsection (a)(1) or is terminated under subsection (c) 
        or whose application for such status is denied and who had 
        temporary protected status under section 244 of the Immigration 
        and Nationality Act (8 U.S.C. 1254a) immediately before 
        receiving or applying for such permanent resident status on a 
        conditional basis, as appropriate, may not return to such 
        temporary protected status if--
                    (A) the relevant designation under section 244(b) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1254a(b)) has been terminated; or
                    (B) the Secretary determines that the reason for 
                terminating the permanent resident status on a 
                conditional basis renders the alien ineligible for such 
                temporary protected status.

SEC. 5. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT STATUS.

    (a) Eligibility for Removal of Conditional Basis.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        shall remove the conditional basis of an alien's permanent 
        resident status granted under this Act and grant the alien 
        status as an alien lawfully admitted for permanent residence if 
        the alien--
                    (A) is described in paragraph (1)(C) of section 
                3(b), subject to paragraphs (2) and (3) of that 
                section;
                    (B) has not abandoned the alien's residence in the 
                United States; and
                    (C)(i) has acquired a degree from an institution of 
                higher education or has completed at least 2 years, in 
                good standing, in a program for a bachelor's degree or 
                higher degree in the United States;
                    (ii) has served in the Uniformed Services for at 
                least 2 years and, if discharged, received an honorable 
                discharge; or
                    (iii) has been employed for periods totaling at 
                least 3 years and at least 75 percent of the time that 
                the alien has had a valid employment authorization, 
                except that any period during which the alien is not 
                employed while having a valid employment authorization 
                and is enrolled in an institution of higher education, 
                a secondary school, or an education program described 
                in section 3(b)(1)(D)(iii), shall not count toward the 
                time requirements under this clause.
            (2) Hardship exception.--The Secretary shall remove the 
        conditional basis of an alien's permanent resident status and 
        grant the alien status as an alien lawfully admitted for 
        permanent residence if the alien--
                    (A) satisfies the requirements under subparagraphs 
                (A) and (B) of paragraph (1);
                    (B) demonstrates compelling circumstances for the 
                inability to satisfy the requirements under 
                subparagraph (C) of such paragraph; and
                    (C) demonstrates that--
                            (i) the alien has a disability;
                            (ii) the alien is a full-time caregiver of 
                        a minor child; or
                            (iii) the removal of the alien from the 
                        United States would result in extreme hardship 
                        to the alien or the alien's spouse, parent, or 
                        child who is a national of the United States or 
                        is lawfully admitted for permanent residence.
            (3) Citizenship requirement.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the conditional basis of an alien's permanent 
                resident status granted under this Act may not be 
                removed unless the alien demonstrates that the alien 
                satisfies the requirements under section 312(a) of the 
                Immigration and Nationality Act (8 U.S.C. 1423(a)).
                    (B) Exception.--Subparagraph (A) shall not apply to 
                an alien who is unable to meet the requirements under 
                such section 312(a) due to disability.
            (4) Application fee.--
                    (A) In general.--The Secretary may require aliens 
                applying for lawful permanent resident status under 
                this section to pay a reasonable fee that is 
                commensurate with the cost of processing the 
                application.
                    (B) Exemption.--An applicant may be exempted from 
                paying the fee required under subparagraph (A) if the 
                alien--
                            (i)(I) is younger than 18 years of age;
                            (II) received total income, during the 12-
                        month period immediately preceding the date on 
                        which the alien files an application under this 
                        section, that is less than 150 percent of the 
                        poverty line; and
                            (III) is in foster care or otherwise 
                        lacking any parental or other familial support;
                            (ii) is younger than 18 years of age and is 
                        homeless;
                            (iii)(I) cannot care for himself or herself 
                        because of a serious, chronic disability; and
                            (II) received total income, during the 12-
                        month period immediately preceding the date on 
                        which the alien files an application under this 
                        section, that is less than 150 percent of the 
                        poverty line; or
                            (iv)(I) during the 12-month period 
                        immediately preceding the date on which the 
                        alien files an application under this section, 
                        the alien accumulated $10,000 or more in debt 
                        as a result of unreimbursed medical expenses 
                        incurred by the alien or an immediate family 
                        member of the alien; and
                            (II) received total income, during the 12-
                        month period immediately preceding the date on 
                        which the alien files an application under this 
                        section, that is less than 150 percent of the 
                        poverty line.
            (5) Submission of biometric and biographic data.--The 
        Secretary may not remove the conditional basis of an alien's 
        permanent resident status 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 data because of a physical impairment.
            (6) Background checks.--
                    (A) Requirement for background checks.--The 
                Secretary shall utilize biometric, biographic, and 
                other data that the Secretary determines appropriate--
                            (i) to conduct security and law enforcement 
                        background checks of an alien applying for 
                        removal of the conditional basis of the alien's 
                        permanent resident status; and
                            (ii) to determine whether there is any 
                        criminal, national security, or other factor 
                        that would render the alien ineligible for 
                        removal of such conditional basis.
                    (B) Completion of background checks.--The security 
                and law enforcement background checks of an alien 
                required under subparagraph (A) shall be completed, to 
                the satisfaction of the Secretary, before the date on 
                which the Secretary removes the conditional basis of 
                the alien's permanent resident status.
    (b) Treatment for Purposes of Naturalization.--
            (1) In general.--For purposes of title III of the 
        Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an 
        alien granted permanent resident status on a conditional basis 
        shall be considered to have been admitted to the United States, 
        and be present in the United States, as an alien lawfully 
        admitted for permanent residence.
            (2) Limitation on application for naturalization.--An alien 
        may not apply for naturalization while the alien is in 
        permanent resident status on a conditional basis.

SEC. 6. DOCUMENTATION REQUIREMENTS.

    (a) Documents Establishing Identity.--An alien's application for 
permanent resident status on a conditional basis may include, as proof 
of identity--
            (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; or
            (6) a State-issued identification card bearing the alien's 
        name and photograph.
    (b) Documents Establishing Continuous Physical Presence in the 
United States.--To establish that an alien has been continuously 
physically present in the United States, as required under section 
3(b)(1)(A), or to establish that an alien has not abandoned residence 
in the United States, as required under section 5(a)(1)(B), the alien 
may submit documents to the Secretary, including--
            (1) employment records that include the employer's name and 
        contact information;
            (2) records from any educational institution the alien has 
        attended in the United States;
            (3) records of service from the Uniformed Services;
            (4) official records from a religious entity confirming the 
        alien's participation in a religious ceremony;
            (5) passport entries;
            (6) a birth certificate for a child who was born in the 
        United States;
            (7) automobile license receipts or registration;
            (8) deeds, mortgages, or rental agreement contracts;
            (9) tax receipts;
            (10) insurance policies;
            (11) remittance records;
            (12) 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;
            (13) copies of money order receipts for money sent in or 
        out of the United States;
            (14) dated bank transactions; or
            (15) 2 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.
    (c) Documents Establishing Initial Entry Into the United States.--
To establish under section 3(b)(1)(B) that an alien was younger than 18 
years of age on the date on which the alien initially entered the 
United States, an alien may submit documents to the Secretary, 
including--
            (1) an admission stamp on the alien's passport;
            (2) records from any educational institution the alien has 
        attended in the United States;
            (3) any document from the Department of Justice or the 
        Department of Homeland Security stating the alien's date of 
        entry into the United States;
            (4) 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;
            (5) 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;
            (6) employment records that include the employer's name and 
        contact information;
            (7) official records from a religious entity confirming the 
        alien's participation in a religious ceremony;
            (8) a birth certificate for a child who was born in the 
        United States;
            (9) automobile license receipts or registration;
            (10) deeds, mortgages, or rental agreement contracts;
            (11) tax receipts;
            (12) travel records;
            (13) copies of money order receipts sent in or out of the 
        country;
            (14) dated bank transactions;
            (15) remittance records; or
            (16) insurance policies.
    (d) Documents Establishing Admission to an Institution of Higher 
Education.--To establish that an alien has been admitted to an 
institution of higher education, the alien shall submit to the 
Secretary a document from the institution of higher education 
certifying that the alien--
            (1) has been admitted to the institution; or
            (2) is currently enrolled in the institution as a student.
    (e) Documents Establishing Receipt of a Degree From an Institution 
of Higher Education.--To establish that an alien has acquired a degree 
from an institution of higher education in the United States, the alien 
shall submit to the Secretary a diploma or other document from the 
institution stating that the alien has received such a degree.
    (f) Documents Establishing Receipt of High School Diploma, General 
Educational Development Certificate, or a Recognized Equivalent.--To 
establish that an alien has earned a high school diploma or a 
commensurate alternative award from a public or private high school, or 
has obtained a general educational development certificate recognized 
under State law or a high school equivalency diploma in the United 
States, the alien shall submit to the Secretary--
            (1) a high school diploma, certificate of completion, or 
        other alternate award;
            (2) a high school equivalency diploma or certificate 
        recognized under State law; or
            (3) evidence that the alien passed a State-authorized exam, 
        including the general educational development exam, in the 
        United States.
    (g) Documents Establishing Enrollment in an Educational Program.--
To establish that an alien is enrolled in any school or education 
program described in section 3(b)(1)(D)(iii), 3(d)(3)(A)(iii), or 
5(a)(1)(C), the alien shall submit school records from the United 
States school that the alien is currently attending that include--
            (1) the name of the school; and
            (2) the alien's name, periods of attendance, and current 
        grade or educational level.
    (h) Documents Establishing Exemption From Application Fees.--To 
establish that an alien is exempt from an application fee under section 
3(b)(5)(B) or 5(a)(4)(B), the alien shall submit to the Secretary the 
following relevant documents:
            (1) Documents to establish age.--To establish that an alien 
        meets an age requirement, the alien shall 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 shall provide--
                    (A) employment 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, homelessness, or serious, chronic disability.--To 
        establish that the alien was in foster care, lacks parental or 
        familial support, is homeless, or has a serious, chronic 
        disability, the alien shall 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, 
                is homeless, 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.
            (4) Documents to establish unpaid medical expense.--To 
        establish that the alien has debt as a result of unreimbursed 
        medical expenses, the alien shall provide receipts or other 
        documentation from a medical provider that--
                    (A) bear the provider's name and address;
                    (B) bear the name of the individual receiving 
                treatment; and
                    (C) document that the alien has accumulated $10,000 
                or more in debt in the past 12 months as a result of 
                unreimbursed medical expenses incurred by the alien or 
                an immediate family member of the alien.
    (i) Documents Establishing Qualification for Hardship Exemption.--
To establish that an alien satisfies one of the criteria for the 
hardship exemption set forth in section 5(a)(2)(C), the alien shall 
submit to the Secretary at least 2 sworn affidavits from individuals 
who are not related to the alien and who have direct knowledge of the 
circumstances that warrant the exemption, that contain--
            (1) the name, address, and telephone number of the affiant; 
        and
            (2) the nature and duration of the relationship between the 
        affiant and the alien.
    (j) Documents Establishing Service in the Uniformed Services.--To 
establish that an alien has served in the Uniformed Services for at 
least 2 years and, if discharged, received an honorable discharge, the 
alien shall submit to the Secretary--
            (1) a Department of Defense form DD-214;
            (2) a National Guard Report of Separation and Record of 
        Service form 22;
            (3) personnel records for such service from the appropriate 
        Uniformed Service; or
            (4) health records from the appropriate Uniformed Service.
    (k) Documents Establishing Employment.--
            (1) In general.--An alien may satisfy the employment 
        requirement under section 5(a)(1)(C)(iii) by submitting records 
        that--
                    (A) establish compliance with such employment 
                requirement; and
                    (B) have been maintained by the Social Security 
                Administration, the Internal Revenue Service, or any 
                other Federal, State, or local government agency.
            (2) Other documents.--An alien who is unable to submit the 
        records described in paragraph (1) may satisfy the employment 
        requirement by submitting at least 2 types of reliable 
        documents that provide evidence of employment, including--
                    (A) bank records;
                    (B) business records;
                    (C) employer records;
                    (D) records of a labor union, day labor center, or 
                organization that assists workers in employment;
                    (E) sworn affidavits from individuals who are not 
                related to the alien and who have direct knowledge of 
                the alien's work, 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; 
                        and
                    (F) remittance records.
    (l) 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 
on a conditional basis is being obtained fraudulently to an 
unacceptable degree, the Secretary may prohibit or restrict the use of 
such document or class of documents.

SEC. 7. RULEMAKING.

    (a) Initial Publication.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary shall publish regulations 
implementing this Act in the Federal Register. Such regulations shall 
allow eligible individuals to immediately apply affirmatively for the 
relief available under section 3 without being placed in removal 
proceedings.
    (b) Interim Regulations.--Notwithstanding section 553 of title 5, 
United States Code, the regulations published pursuant to subsection 
(a) shall be effective, on an interim basis, immediately upon 
publication in the Federal Register, but may be subject to change and 
revision after public notice and opportunity for a period of public 
comment.
    (c) Final Regulations.--Not later than 180 days after the date on 
which interim regulations are published under this section, the 
Secretary shall publish final regulations implementing this Act.
    (d) 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. 8. CONFIDENTIALITY OF INFORMATION.

    (a) In General.--The Secretary may not disclose or use information 
provided in applications filed under this Act or in requests for DACA 
for the purpose of immigration enforcement.
    (b) Referrals Prohibited.--The Secretary may not refer any 
individual who has been granted permanent resident status on a 
conditional basis or who was granted DACA 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 permanent resident status on 
a conditional basis or a request for DACA may be shared with Federal 
security and law enforcement agencies--
            (1) for assistance in the consideration of an application 
        for permanent resident status on a conditional basis;
            (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. 9. 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 original enactment of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (division C 
of Public Law 104-208; 110 Stat. 3009-546).
                                 <all>