109 HR 4393 IH: Dignity for Immigrants while Guarding our Nation to Ignite and Deliver the American Dream Act of 2025
U.S. House of Representatives
2025-07-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
119th CONGRESS
1st Session
H. R. 4393
IN THE HOUSE OF REPRESENTATIVES
July 15, 2025
Ms. Salazar (for herself, Ms. Escobar, Mr. Lawler, Mr. Espaillat, Mr. Valadao, Ms. Scholten, Mr. Newhouse, Ms. Lee of Nevada, Mr. Kelly of Pennsylvania, Mr. Gray, Mr. Fitzpatrick, Mr. Carbajal, Mr. Evans of Colorado, Mr. Levin, Mr. Stutzman, Ms. Budzinski, Mr. Bacon, Ms. Gillen, Mrs. Kim, Mr. Auchincloss, Mr. Diaz-Balart, and Mrs. Trahan) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, Transportation and Infrastructure, Education and Workforce, Oversight and Government Reform, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To secure the border and reform the immigration laws.
1.

Short title; table of contents
(a)

Short title
This Act may be cited as the “Dignity for Immigrants while Guarding our Nation to Ignite and Deliver the American Dream Act of 2025” or as the “DIGNIDAD (Dignity) Act of 2025”.
(b)

Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Division A—Border Security for America
Title I—Border Security
Sec. 1111. Strengthening the requirements for barriers along the southern border.
Sec. 1112. Air and Marine Operations flight hours.
Sec. 1113. Landowner and rancher security enhancement.
Sec. 1114. Southern border threat analysis, Border Patrol strategic plan, and Northern Border Threat Analysis.
Sec. 1115. Agent and officer technology use.
Sec. 1116. Report on standards and guidelines for managing ports of entry under the control of the department of homeland security.
Sec. 1117. Stakeholder and community engagement.
Sec. 1118. Training for officers and agents of U.S. Customs and Border Protection.
Sec. 1119. U.S. border patrol processing coordinator positions.
Sec. 1120. Establishment of higher minimum rates of pay for United States border patrol agents.
Sec. 1121. Body Worn Camera Pilot Program Authorization.
Sec. 1122. Protecting sensitive locations.
Title II—Border and Ports of Entry Infrastructure Funding
Sec. 1201. Ports of entry infrastructure.
Sec. 1202. Sense of Congress on cooperation between agencies.
Sec. 1203. Authorization of appropriations.
Sec. 1204. Funding matters.
Title III—Criminal Enforcement Provisions
Sec. 1301. Illicit spotting.
Sec. 1302. Unlawfully hindering immigration, border, and customs controls.
Sec. 1303. Report on smuggling.
Sec. 1304. Illegal reentry.
Sec. 1305. Mandatory minimum penalty for child sex trafficking.
Sec. 1306. Visa ineligibility for spouses and children of drug traffickers.
Sec. 1307. DNA testing and collection consistent with Federal law.
Sec. 1308. Increased penalty for voting by aliens.
Title IV—Mandatory E-Verify
Sec. 1401. Short title.
Sec. 1402. Employment eligibility verification process.
Sec. 1403. Employment eligibility verification system.
Sec. 1404. Recruitment, referral, and continuation of employment.
Sec. 1405. Good faith defense.
Sec. 1406. Preemption and States’ Rights.
Sec. 1407. Repeal.
Sec. 1408. Penalties.
Sec. 1409. Fraud and misuse of documents.
Sec. 1410. Protection of Social Security Administration programs.
Sec. 1411. Fraud prevention.
Sec. 1412. Use of Employment Eligibility Verification Photo Tool.
Sec. 1413. Identity authentication employment eligibility verification pilot programs.
Sec. 1414. Inspector General audits.
Title V—Asylum Reform
Sec. 1501. Humanitarian campuses.
Sec. 1502. Expedited Asylum Determinations.
Sec. 1503. Screening and processing in Western hemisphere.
Sec. 1504. Recording expedited removal and credible fear interviews.
Sec. 1505. Renunciation of asylum status pursuant to return to home country.
Sec. 1506. Notice concerning frivolous asylum applications.
Sec. 1507. Anti-fraud investigative work product.
Sec. 1508. Penalties for asylum fraud.
Sec. 1509. Statute of limitations for asylum fraud.
Sec. 1510. Standard operating procedures; facilities standards.
Sec. 1511. Criminal background checks for sponsors of unaccompanied alien children.
Sec. 1512. Fraud in connection with the transfer of custody of unaccompanied alien children.
Sec. 1513. Hiring authority.
Sec. 1514. Humanitarian status.
Sec. 1515. Two strike policy.
Sec. 1516. Loan forgiveness for legal service providers at humanitarian campuses.
Division B—Dignity and American Dream
Title I—Dream Act
Sec. 2101. Short title.
Sec. 2102. Permanent resident status on a conditional basis for certain long-term residents who entered the United States as children.
Sec. 2103. Terms of permanent resident status on a conditional basis.
Sec. 2104. Removal of conditional basis of permanent resident status.
Title II—General Provisions
Sec. 2201. Definitions.
Sec. 2202. Submission of biometric and biographic data; background checks.
Sec. 2203. Limitation on removal and other conditions on eligible individuals.
Sec. 2204. Determination of continuous presence and residence.
Sec. 2205. Exemption from numerical limitations.
Sec. 2206. Availability of administrative and judicial review.
Sec. 2207. Documentation requirements.
Sec. 2208. Confidentiality of information.
Sec. 2209. Provisions affecting eligibility for adjustment of status.
Title III—Dignity Program
Sec. 2301. Establishment.
Sec. 2302. Eligibility.
Sec. 2303. Registration; departure.
Sec. 2304. Program participation.
Sec. 2305. Completion.
Title IV—Contribution to American Workers
Sec. 2401. Purpose.
Sec. 2402. Availability of funds.
Sec. 2403. Conforming amendments.
Sec. 2404. Definitions.
Sec. 2405. Allotments to States.
Sec. 2406. Grants to partnerships.
Sec. 2407. Use of funds.
Sec. 2408. Performance and accountability.
Sec. 2409. Grants for access to high-demand careers.
Division C—American Prosperity and Competitiveness
Sec. 3101. Short title.
Title I—American Families United
Sec. 3111. Rule of construction.
Sec. 3112. Discretionary authority with respect to family members of United States citizens.
Sec. 3113. Motions to reopen or reconsider.
Sec. 3114. Temporary family visitation.
Sec. 3115. Military Naturalization Modernization.
Title II—Fairness for Legal Immigrants
Sec. 3201. Reduction of backlogs.
Sec. 3202. Per-country caps raised.
Sec. 3203. Protecting the status of children affected by delays in visa availability.
Title III—Employment and Student Visas
Sec. 3301. Spouses and minor children of workers.
Sec. 3302. Wages received by nonresident alien individuals during optional practical training subject to social security taxes.
Sec. 3303. Individuals with doctoral degrees in STEM fields recognized as individuals having extraordinary ability.
Sec. 3304. Modernizing Visas for Students.
Sec. 3305. Resources for Visa Processing.
A

Border Security for America
I

Border Security
1111.

Strengthening the requirements for barriers along the southern border
Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Division C of Public Law 104–208; 8 U.S.C. 1103 note) is amended—
(1)
by amending subsection (a) to read as follows:
“(a)

In general
The Secretary of Homeland Security shall take such actions as may be necessary (including the removal of obstacles to detection of illegal entrants) to design, test, construct, install, deploy, integrate, and operate physical barriers, tactical infrastructure, and technology in the vicinity of the United States border to achieve situational awareness and operational advantage of the border and deter, impede, and detect illegal activity in high traffic areas.”;
(2)
in subsection (b)—
(A)
in the subsection heading, by striking “fencing and road improvements” and inserting “physical barriers”;
(B)
in paragraph (1)—
(i)
in subparagraph (A)—
(I)
by striking “subsection (a)” and inserting “this section”;
(II)
by striking “roads, lighting, cameras, and sensors” and inserting “tactical infrastructure, and technology”; and
(III)
by striking “gain” and inserting “achieve situational awareness and”;
(ii)
by amending subparagraph (B) to read as follows:
“(B)

Physical barriers and tactical infrastructure
The Secretary, in carrying out this section, shall deploy along the United States border the most practical and effective physical barriers and tactical infrastructure available for achieving situational awareness and operational advantage of the border.” ;
(iii)
in subparagraph (C)—
(I)
by amending clause (i) to read as follows:
“(i)

In general
In carrying out this section, the Secretary shall consult with appropriate Federal agency partners, appropriate representatives of Federal, State, Tribal, and local governments, and appropriate private property owners in the United States to minimize the impact on the environment, culture, commerce, and quality of life for the communities and residents located near the sites at which such physical barriers are to be constructed.”; and
(II)
in clause (ii)—
- (aa)
in subclause (I), by striking “or” after the semicolon at the end;
- (bb)
by amending subclause (II) to read as follows:
“(II)
delay the transfer to the United States of the possession of property or affect the validity of any property acquisition by the United States by purchase or eminent domain, or to otherwise affect the eminent domain laws of the United States or of any State; or”; and
- (cc)
by adding at the end the following new subclause:
“(III)
create any right or liability for any party.”; and
(iv)
by striking subparagraph (D);
(C)
in paragraph (2)—
(i)
by striking “Attorney General” and inserting “Secretary of Homeland Security”;
(ii)
by striking “this subsection” and inserting “this section”; and
(iii)
by striking “construction of fences” and inserting “the construction of physical barriers”;
(D)
by amending paragraph (3) to read as follows:
“(3)

Agent safety
In carrying out this section, the Secretary of Homeland Security, when designing, constructing, and deploying physical barriers, tactical infrastructure, or technology, shall incorporate such safety features into such design, construction, or deployment of such physical barriers, tactical infrastructure, or technology, as the case may be, that the Secretary determines are necessary to maximize the safety and effectiveness of officers or agents of the Department of Homeland Security or of any other Federal agency deployed in the vicinity of such physical barriers, tactical infrastructure, or technology.”; and
(E)
in paragraph (4), by striking “this subsection” and inserting “this section”;
(3)
in subsection (c)—
(A)
by amending paragraph (1) to read as follows:
“(1)

In general
Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive all legal requirements the Secretary determines necessary to ensure the expeditious design, testing, construction, installation, deployment, and integration of the physical barriers, tactical infrastructure, and technology under this section. Such waiver authority shall also apply with respect to any maintenance carried out on such physical barriers, tactical infrastructure, or technology. Any such decision by the Secretary shall be effective upon publication in the Federal Register.”;
(B)
by redesignating paragraph (2) as paragraph (3); and
(C)
by inserting after paragraph (1) the following new paragraph:
“(2)

Notification
Not later than 7 days after the date on which the Secretary of Homeland Security exercises the waiver authority under paragraph (1), the Secretary shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate of such waiver.” ; and
(4)
by adding at the end the following new subsections:
“(e)

Technology
The Secretary of Homeland Security, in carrying out this section, shall deploy along the United States border the most practical and effective technology available for achieving situational awareness and operational advantage of the border.
(f)

Prioritization
The Secretary of Homeland Security, in carrying out this section, should prioritize deploying technology along the United States border.
(g)

Definitions
In this section:
(1)

Advanced unattended surveillance sensors
The term advanced unattended surveillance sensors means sensors that utilize an onboard computer to analyze detections in an effort to discern between vehicles, humans, and animals, and ultimately filter false positives prior to transmission.
(2)

High traffic areas
The term high traffic areas means areas in the vicinity of the United States border that—
(A)
are within the responsibility of U.S. Customs and Border Protection; and
(B)
have significant unlawful cross-border activity, as determined by the Secretary of Homeland Security.
(3)

Operational advantage
The term operational advantage has the meaning given such term in the 2022–2026 U.S. Border Patrol Strategy (CBP Publication No. 1678–0222).
(4)

Physical barriers
The term physical barriers includes reinforced fencing, border barrier system, and levees.
(5)

Situational awareness
The term situational awareness has the meaning given such term in section 1092(a)(7) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 6 U.S.C. 223(a)(7)).
(6)

Tactical infrastructure
The term tactical infrastructure includes boat ramps, access gates, checkpoints, lighting, and roads.
(7)

Technology
The term technology includes border surveillance and detection technology, including the following:
(A)
Tower-based surveillance technology, including autonomous technologies.
(B)
Deployable, lighter-than-air ground surveillance equipment.
(C)
Vehicle and Dismount Exploitation Radars (VADER).
(D)
3-dimensional, seismic acoustic detection and ranging border tunneling detection technology.
(E)
Advanced unattended surveillance sensors.
(F)
Mobile vehicle-mounted and man-portable surveillance capabilities.
(G)
Unmanned aircraft systems.
(H)
Other border detection, communication, and surveillance technology.
(8)

Unmanned aircraft system
The term unmanned aircraft system has the meaning given such term in section 44801 of title 49, United States Code.”.
1112.

Air and Marine Operations flight hours
(a)

Air and marine operations flight hours
The Secretary shall ensure that not fewer than 95,000 annual flight hours are carried out by Air and Marine Operations of CBP.
(b)

Unmanned aircraft systems
The Secretary, after coordination with the Administrator of the Federal Aviation Administration, shall ensure that Air and Marine Operations operate unmanned aircraft systems on the southern border of the United States for not less than 24 hours per day for 7 days per week.
(c)

Primary missions
The Commissioner shall ensure that—
(1)
the primary missions for Air and Marine Operations are to directly support—
(A)
U.S. Border Patrol activities along the borders of the United States; and
(B)
Joint Interagency Task Force South operations in the transit zone; and
(2)
the Executive Assistant Commissioner of Air and Marine Operations assigns the greatest priority to support missions outlined under paragraph (1).
(d)

High demand flight hour requirements
The Commissioner shall ensure that U.S. Border Patrol Sector Chiefs—
(1)
identify air support mission-critical hours; and
(2)
direct Air and Marine Operations to support requests from Sector Chiefs as their primary mission.
(e)

Contract air support authorizations
The Commissioner shall contract for the unfulfilled air support mission-critical hours, as identified pursuant to subsection (d).
(f)

Small unmanned aircraft systems
(1)

In general
The Chief of the U.S. Border Patrol shall be the executive agent with respect to the use of small unmanned aircraft systems by CBP for the purpose of—
(A)
meeting the unmet flight hour operational requirements of the U.S. Border Patrol; and
(B)
achieving situational awareness and operational advantage.
(2)

Coordination
In carrying out paragraph (1), the Chief of the U.S. Border Patrol shall coordinate—
(A)
flight operations with the Administrator of the Federal Aviation Administration to ensure the safe and efficient operation of the National Airspace System; and
(B)
with the Executive Assistant Commissioner for Air and Marine Operations of CBP to—
(i)
ensure the safety of other CBP aircraft flying in the vicinity of small unmanned aircraft systems operated by the U.S. Border Patrol; and
(ii)
establish a process to include data from flight hours in the calculation of got away statistics.
(3)

Conforming amendment
Paragraph (3) of section 411(e) of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is amended—
(A)
in subparagraph (B), by striking “and” after the semicolon at the end; and
(B)
by redesignating subparagraph (C) as subparagraph (D).
(g)

Savings clause
Nothing in this section shall confer, transfer, or delegate to the Secretary, the Commissioner, the Executive Assistant Commissioner for Air and Marine Operations of CBP, or the Chief of the U.S. Border Patrol any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration relating to the use of airspace or aviation safety.
(h)

Definitions
In this section:
(1)

Got away
The term got away has the meaning given such term in section 1092(a)(3) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 6 U.S.C. 223(a)(3)).
(2)

Transit zone
The term transit zone has the meaning given such term in section 1092(a)(8) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 6 U.S.C. 223(a)(8)).
1113.

Landowner and rancher security enhancement
(a)

Establishment of National Border Security Advisory Committee
The Secretary shall establish a National Border Security Advisory Committee, which—
(1)
may advise, consult with, report to, and make recommendations to the Secretary on matters relating to border security matters, including—
(A)
verifying security claims and the border security metrics established by the Department of Homeland Security under section 1092 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 6 U.S.C. 223); and
(B)
discussing ways to improve the security of high traffic areas along the northern border and the southern border; and
(2)
may provide, through the Secretary, recommendations to Congress.
(b)

Consideration of views
The Secretary shall consider the information, advice, and recommendations of the National Border Security Advisory Committee in formulating policy regarding matters affecting border security.
(c)

Membership
The National Border Security Advisory Committee shall consist of at least one member from each State who—
(1)
has at least five years practical experience in border security operations; or
(2)
lives and works in the United States within 80 miles from the southern border or the northern border.
(d)

Nonapplicability of Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the National Border Security Advisory Committee.
1114.

Southern border threat analysis, Border Patrol strategic plan, and Northern Border Threat Analysis
(a)

Souther Border Threat analysis
(1)

Requirement
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a Southern border threat analysis.
(2)

Contents
The analysis submitted under paragraph (1) shall include an assessment of—
(A)
current and potential terrorism and criminal threats posed by individuals and organized groups seeking—
(i)
to unlawfully enter the United States through the Southern border; or
(ii)
to exploit security vulnerabilities along the Southern border;
(B)
improvements needed at and between ports of entry along the Southern border to prevent terrorists and instruments of terror from entering the United States;
(C)
gaps in law, policy, and coordination between State, local, or tribal law enforcement, international agreements, or tribal agreements that hinder effective and efficient border security, counterterrorism, and anti-human smuggling and trafficking efforts;
(D)
the current percentage of situational awareness achieved by the Department along the Southern border;
(E)
the current percentage of operational advantage achieved by the Department on the Southern border; and
(F)
traveler crossing times and any potential security vulnerability associated with prolonged wait times.
(3)

Analysis requirements
In compiling the Southern border threat analysis required under this subsection, the Secretary shall consider and examine—
(A)
the technology needs and challenges, including such needs and challenges identified as a result of previous investments that have not fully realized the security and operational benefits that were sought;
(B)
the personnel needs and challenges, including such needs and challenges associated with recruitment and hiring;
(C)
the infrastructure needs and challenges;
(D)
the roles and authorities of State, local, and tribal law enforcement in general border security activities;
(E)
the status of coordination among Federal, State, local, tribal, and Mexican law enforcement entities relating to border security;
(F)
the terrain, population density, and climate along the Southern border; and
(G)
the international agreements between the United States and Mexico related to border security.
(4)

Classified form
To the extent possible, the Secretary shall submit the Southern border threat analysis required under this subsection in unclassified form, but may submit a portion of the threat analysis in classified form if the Secretary determines such action is appropriate.
(b)

In general
Not later than one year after the date of enactment of this section and every 2 years thereafter, the Secretary, acting through the Chief of the U.S. Border Patrol, shall issue a Border Patrol Strategic Plan (referred to in this section as the “plan”) to enhance the security of the international borders of the United States.
(c)

Elements
The plan shall include the following:
(1)
A consideration of Border Patrol Capability Gap Analysis reporting, Border Security Improvement Plans, and any other strategic document authored by the U.S. Border Patrol to address security gaps with respect to ports of entry, including efforts to mitigate threats identified in such analyses, plans, and documents.
(2)
Information relating to the dissemination of information relating to border security or border threats with respect to the efforts of the Department and other appropriate Federal agencies.
(3)
Information relating to efforts by U.S. Border Patrol to—
(A)
increase situational awareness, including—
(i)
surveillance capabilities, such as capabilities developed or utilized by the Department of Defense, and any appropriate technology determined to be excess by the Department of Defense; and
(ii)
the use of manned aircraft and unmanned aircraft systems;
(B)
detect and prevent terrorists and instruments of terrorism from entering the United States;
(C)
detect, interdict, and disrupt human smuggling, human trafficking, drug trafficking and other illicit cross-border activity;
(D)
focus intelligence collection to disrupt transnational criminal organizations outside of the international and maritime borders of the United States; and
(E)
ensure that any new border security technology can be operationally integrated with existing technologies in use by the Department.
(4)
Information relating to initiatives of the Department with respect to operational coordination, including any relevant task forces of the Department.
(5)
Information gathered from the lessons learned by the deployments of the National Guard to the southern border of the United States.
(6)
A description of cooperative agreements relating to information sharing with State, local, Tribal, territorial, and other Federal law enforcement agencies that have jurisdiction on the border.
(7)
Information relating to border security information received from—
(A)
State, local, Tribal, territorial, and other Federal law enforcement agencies that have jurisdiction on the border or in the maritime environment; and
(B)
border community stakeholders, including representatives from—
(i)
border agricultural and ranching organizations; and
(ii)
business and civic organizations.
(8)
Information relating to the staffing requirements with respect to border security for the Department.
(9)
A prioritized list of Department research and development objectives to enhance the security of the southern border.
(10)
An assessment of training programs, including such programs relating to—
(A)
identifying and detecting fraudulent documents;
(B)
understanding the scope of CBP enforcement authorities and appropriate use of force policies; and
(C)
screening, identifying, and addressing vulnerable populations, such as children and victims of human trafficking.
(d)

Northern Border Threat Analysis
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate an update of the Northern Border Threat Analysis as required in the Northern Border Security Review Act (Public Law 114–267).
1115.

Agent and officer technology use
In carrying out section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (as amended by section 1111 of this division), the Secretary shall ensure that technology deployed to gain situational awareness and operational advantage of the border be provided to frontline officers and agents of the Department of Homeland Security.
1116.

Report on standards and guidelines for managing ports of entry under the control of the department of homeland security
(a)

In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary of Commerce, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that contains an assessment of the standards and guidelines for managing ports of entry under the control of the Department of Homeland Security. Such assessment shall include information relating to the following:
(1)
Staffing levels and need for additional staffing.
(2)
Rules governing the actions of Office of Field Operations officers.
(3)
Average delays for transit through air, land, and sea ports of entry.
(4)
Assessment of existing efforts and technologies used for border security, and the effect of the use of such efforts and technologies on facilitating trade at ports of entry and their impact on civil rights, private property rights, privacy rights, and civil liberties.
(5)
Economic impact of the policies and practices of CBP Agricultural Specialists and Office of Field Operations personnel.
(6)
Physical infrastructure and technological needs at ports of entry.
(7)
Data reflecting the specific needs of geographically separate ports of entry within the same U.S. Border Patrol sector.
(8)
A plan for increasing the number of officers certified as emergency medical technicians and the number of medical professionals assigned to U.S. Customs and Border Protection Office of Field Operations land ports of entry.
(9)
A plan to increase access to land ports of entry that factors in asylum seekers, victims of trafficking, unaccompanied minors, and other vulnerable populations.
(b)

Report on port runners
Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report that contains an assessment of instances of “Port Running”, or departing the United States before officers can conclude traveler inspections, which shall include recommendations for new security enhancements, including traffic barricades, to slow and deter individuals from leaving the United States without authorization.
1117.

Stakeholder and community engagement
(a)

Department of homeland security border oversight commission
(1)

Establishment
There is established an independent commission, which shall be known as the “Department of Homeland Security Border Oversight Commission” (referred to in this Act as the “Commission”).
(2)

Organization
(A)

Leadership
The Commission shall be led by a Chair and a Vice Chair.
(B)

Membership
(i)

In general
The Commission shall be composed of 30 members, who—
(I)
shall be appointed by the Speaker and the minority leader of the House of Representatives and the majority and minority leaders of the Senate, in consultation with the President; and
(II)
shall have expertise in migration, local crime indices, civil and human rights, community relations, cross-border trade and commerce, quality of life indicators, or other pertinent experience.
(ii)

Regional representation
Of the 30 members appointed pursuant to clause (i)(I)—
(I)
13 members shall be from the northern border region and shall comprise the northern border subcommittee; and
(II)
17 members shall be from the southern border region and shall comprise the southern border subcommittee.
(iii)

Northern border subcommittee
Of the 13 members from the northern border region—
(I)
2 shall be elected local government officials;
(II)
2 shall be local law enforcement officials;
(III)
2 shall be civil rights advocates;
(IV)
1 shall represent the business community;
(V)
1 shall represent institutions of higher education;
(VI)
1 shall represent a faith community;
(VII)
2 shall be U.S. Border Patrol officers or agents; and
(VIII)
2 shall be tribal officials.
(iv)

Southern border subcommittee
Of the 17 members from the southern border region—
(I)
3 shall be elected local government officials;
(II)
3 shall be local law enforcement officials;
(III)
3 shall be civil rights advocates;
(IV)
2 shall represent the business community;
(V)
1 shall represent institutions of higher education;
(VI)
1 shall represent a faith community;
(VII)
2 shall be U.S. Border Patrol officers or agents; and
(VIII)
2 shall be tribal officials.
(v)

Chair; vice chair
The members of the Commission shall elect a Chair and a Vice Chair from among its members by a majority vote of at least 16 members.
(vi)

Terms of service
The Chair and the Vice Chair of the Commission shall serve 4-year terms in such positions. Members of the Commission shall also serve 4-year terms.
(vii)

Appointment deadline
Congress shall make the initial appointments to the Commission not later than 180 days after the date of the enactment of this Act.
(3)

Meetings
(A)

Commission
The Commission shall meet at least semiannually and may convene additional meetings as necessary.
(B)

Subcommittees
The northern border and southern border subcommittees shall meet at least quarterly, and may convene additional meetings, as necessary.
(4)

Duties
The Commission, the northern border subcommittee, and the southern border subcommittee shall—
(A)
develop recommendations for improvements regarding border enforcement policies, strategies, and programs that take into consideration their impact on border communities;
(B)
evaluate policies, strategies, and programs of Federal agencies operating along the northern and southern United States borders—
(i)
to protect—
(I)
due process;
(II)
the civil and human rights of border residents and visitors; and
(III)
private property rights of land owners;
(ii)
to reduce the number of migrant deaths; and
(iii)
to improve the safety of agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement;
(C)
develop recommendations for improvements regarding the safety of agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement while such agents and officers are in the field; and
(D)
evaluate training and establish training courses related to—
(i)
management and leadership skills for supervisors in each U.S. Border Patrol sector, at each port of entry on the northern and southern United States borders, and at each U.S. Immigration and Customs Enforcement field office; and
(ii)
the extent to which supervisory and management personnel practices at U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement—
(I)
encourage and facilitate workforce development for agents and officers; and
(II)
promote agent and officer field safety and post-Federal Law Enforcement Training Center (referred to in this Act as “FLETC”) training of border enforcement personnel.
(5)

Additional responsibilities
(A)

In general
In carrying out the duties set forth in paragraph (4), the Commission shall take into consideration any recommendations and evaluations agreed upon by the northern border subcommittee and the southern border subcommittee.
(B)

Subcommittee reports
The northern border subcommittee and the southern border subcommittee shall each—
(i)
submit an annual report to the Chair and Vice Chair of the Commission that contains the recommendations and evaluations of the subcommittees referred to in paragraph (4); and
(ii)
make each such report available to the public.
(6)

Prohibition on compensation
Members of the Commission may not receive pay, allowances, or benefits from the Federal Government by reason of their service on the Commission or either of its subcommittees.
(b)

Hearings and evidence
The Commission or, on the authority of the Commission, any subcommittee or member of the Commission, may, for the purpose of carrying out this Act, hold such hearings, and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission or such designated subcommittee or designated member determines necessary to carry out its duties under subsection (a)(4).
(c)

Savings provision
Nothing in this Act may be construed as affecting the investigative and disciplinary procedures of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, or the Department of Homeland Security with respect to agents and officers of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement.
(d)

Reports
(1)

Annual reports
The Commission shall—
(A)
submit an annual report to the Secretary of Homeland Security that contains information regarding the activities, findings, and recommendations of the Commission, including the northern border subcommittee and the southern border subcommittee, for the preceding year; and
(B)
make each such report available to the public.
(2)

Congressional notification
The Secretary of Homeland Security shall brief the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on the Judiciary of the House of Representatives regarding each report received under paragraph (1).
1118.

Training for officers and agents of U.S. Customs and Border Protection
(a)

In general
Subsection (l) of section 411 of the Homeland Security Act of 2002 (6 U.S.C. 211) is amended to read as follows:
“(l)

Training and continuing education
(1)

Mandatory training
The Commissioner shall ensure that every agent and officer of U.S. Customs and Border Protection receives a minimum of 21 weeks of training that are directly related to the mission of the U.S. Border Patrol, Air and Marine, and the Office of Field Operations before the initial assignment of such agents and officers.
(2)

FLETC
The Commissioner shall work in consultation with the Director of the Federal Law Enforcement Training Centers to establish guidelines and curriculum for the training of agents and officers of U.S. Customs and Border Protection under subsection (a).
(3)

Continuing education
The Commissioner shall annually require all agents and officers of U.S. Customs and Border Protection who are required to undergo training under subsection (a) to participate in not fewer than eight hours of continuing education annually to maintain and update understanding of Federal legal rulings, court decisions, and Department policies, procedures, and guidelines related to relevant subject matters.
(4)

Leadership training
Not later than one year after the date of the enactment of this subsection, the Commissioner shall develop and require training courses geared towards the development of leadership skills for mid- and senior-level career employees not later than one year after such employees assume duties in supervisory roles.”.
(b)

Report
Not later than 180 days after the date of the enactment of this Act, the Commissioner shall submit to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate a report identifying the guidelines and curriculum established to carry out subsection (l) of section 411 of the Homeland Security Act of 2002, as amended by subsection (a) of this section.
(c)

Assessment
Not later than four years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate a report that assesses the training and education, including continuing education, required under subsection (l) of section 411 of the Homeland Security Act of 2002, as amended by subsection (a) of this section.
1119.

U.S. border patrol processing coordinator positions
(a)

Processing coordinators
The Commissioner of U.S. Customs and Border Protection is authorized to hire and train U.S. Border Patrol Processing Coordinators to operate within the U.S. Border Patrol to—
(1)
perform administrative tasks related to the intake and processing of individuals apprehended by U.S. Border Patrol agents, where necessary;
(2)
transport individuals in U.S. Border Patrol custody, where necessary; and
(3)
perform custodial watch duties of individuals in such custody, including individuals who have been admitted to a hospital.
(b)

Clarified authorities
A U.S. Border Patrol Processing Coordinator hired under subsection (a) may not arrest or otherwise detain any person as described in section 235, 236, or 287(a), of the Immigration and Nationality Act (8 U.S.C. 1225, 1226, and 1357(a)), and such a Coordinator may not conduct any interview under section 235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)).
(c)

Training
The Commissioner of U.S. Customs and Border Protection, in coordination with the Chief of the U.S. Border Patrol and in consultation with the Director of the Federal Law Enforcement Training Centers, shall develop tailored training for U.S. Border Patrol Processing Coordinators.
(d)

Associated support staff
The Commissioner of U.S. Customs and Border Protection is authorized to hire appropriate professional support staff to facilitate the hiring, training, and other support functions required by U.S. Border Patrol Processing Coordinators.
1120.

Establishment of higher minimum rates of pay for United States border patrol agents
(a)

Higher minimum rate of pay
Not later than 180 days after the enactment of this Act, the Director of the Office of Personnel Management—
(1)
shall, in accordance with section 5305 of title 5, United States Code—
(A)
increase the minimum rate of pay for United States Border Patrol agents at the grade GS–12 of the General Schedule by not less than 14 percent; and
(B)
increase other grades or levels, occupational groups, series, classes, or subdivisions thereof, as determined by the Secretary of Homeland Security;
(2)
take such actions as may be necessary to harmonize—
(A)
pay levels for U.S. Border Patrol agents and CBP officers at each pay scale in a manner so as to ensure greater or the same level of pay; and
(B)
such other pay incentives and overtime scales; and
(3)
may make increases in all rates in the pay range for each such grade or level, in accordance with such section 5305.
(b)

Inapplicability
The discretion granted to agency heads under section 5305(a)(2) of title 5, United States Code, shall not apply to increase in rates of pay authorized under subsection (a).
1121.

Body Worn Camera Pilot Program Authorization
The Body Worn Camera Pilot Program referred to in H. Rept. 116–458, Department of Homeland Security Appropriations Act, 2021, shall be authorized for 5 fiscal years after the date of enactment of this Act.
1122.

Protecting sensitive locations
Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) is amended by adding at the end the following:
“(i)
(1)
Except as otherwise provided, an officer or an agent of the U.S. Immigration and Customs Enforcement or the U.S. Customs and Border Protection may not take an immigration enforcement action in or near a protected area.
(2)
Paragraph (1) does not apply—
(A)
whenever prior approval has been obtained; or
(B)
under exigent circumstances (including, but not limited to, an immigration enforcement action that involves a national security threat, the hot pursuit of an individual who poses a public safety threat, or the hot pursuit of an individual who was observed crossing the border; that involves the imminent risk of death, violence, or physical harm to a person or the imminent risk that evidence material to a criminal case will be destroyed; or where a safe alternative location does not exist).
(3)
When taking an immigration enforcement action in or near a protected area, an officer or an agent of U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection shall, to the fullest extent possible—
(A)
take the immigration enforcement action in a non-public area or in a manner that minimizes the effect on another person who is accessing the protected area;
(B)
limit the time spent in or near the protected area; and
(C)
limit the immigration enforcement action to the person who is the subject of such enforcement action.
(4)
If an immigration enforcement action is taken due to exigent circumstances, the officer or agent shall inform the Director of U.S. Immigration and Customs Enforcement (or the Director’s designee) or the Commissioner of U.S. Customs and Border Protection (or the Commissioner’s designee) as the case may be, as soon as practical thereafter.
(5)
In this subsection:
(A)
The term immigration enforcement action means an arrest, search, service of a subpoena or a notice to appear in immigration court, or other immigration enforcement action.
(B)
The term prior approval means—
(i)
in the case of an immigration enforcement action that an officer or an agent of U.S. Immigration and Customs Enforcement will take, prior written approval from the Director (or the Director’s designee); and
(ii)
in the case of an immigration enforcement action that an officer or an agent of U.S. Customs and Border Protection will take, prior written approval from the Commissioner (or the Commissioner’s designee).
(C)
The term protected area includes a structure or a place that provides essential services or at which a person would engage in an essential activity, including—
(i)
any school;
(ii)
any hospital, medical facility, mental health facility, or other health care facility;
(iii)
any place of worship or religious study, whether in a structure dedicated to activities of faith or a temporary facility or location where such activities are taking place;
(iv)
any structure or place, the purpose of which is for children to gather;
(v)
any structure or place, the purpose of which is to provide social services;
(vi)
any structure or place, the purpose of which is to provide disaster or emergency assistance or emergency relief;
(vii)
a place where a funeral, graveside ceremony, rosary, wedding, or other religious or civil ceremonies or observances occur;
(viii)
a place where there is an ongoing parade, demonstration, or rally; or
(ix)
any courthouse.
(6)
For the purposes of this subsection, the Secretary of Homeland Security shall promulgate guidance, in the exercise of their discretion, on the physical distance that constitutes in or near a protected area.”.
II

Border and Ports of Entry Infrastructure Funding
1201.

Ports of entry infrastructure
(a)

Additional ports of entry
(1)

Authority
The Administrator of General Services may, subject to section 3307 of title 40, United States Code, construct new ports of entry along the northern border and southern border at locations determined by the Secretary.
(2)

Consultation
(A)

Requirement to consult
The Secretary and the Administrator of General Services shall consult with the Secretary of State, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Transportation, and appropriate representatives of State and local governments, and Indian tribes, and property owners in the United States prior to determining a location for any new port of entry constructed pursuant to paragraph (1).
(B)

Considerations
The purpose of the consultations required by subparagraph (A) shall be to minimize any negative impacts of constructing a new port of entry on the environment, culture, commerce, and quality of life of the communities and residents located near such new port.
(b)

Expansion and modernization of high-Priority southern border ports of entry
The Administrator of General Services, subject to section 3307 of title 40, United States Code, and in coordination with the Secretary, shall expand or modernize high-priority ports of entry on the southern border, as determined by the Secretary, for the purposes of reducing wait times and enhancing security.
(c)

Port of entry prioritization
Prior to constructing any new ports of entry pursuant to subsection (a), the Administrator of General Services shall complete the expansion and modernization of ports of entry pursuant to subsection (b) to the extent practicable.
(d)

Savings provision
Nothing in this section may be construed to—
(1)
create or negate any right of action for a State, local government, or other person or entity affected by this section;
(2)
delay the transfer of the possession of property to the United States or affect the validity of any property acquisitions by purchase or eminent domain, or to otherwise affect the eminent domain laws of the United States or of any State; or
(3)
create any right or liability for any party.
(e)

Rule of construction
Nothing in this section may be construed as providing the Secretary new authority related to the construction, acquisition, or renovation of real property.
1202.

Sense of Congress on cooperation between agencies
(a)

Finding
Congress finds that personnel constraints exist at land ports of entry with regard to sanitary and phytosanitary inspections for exported goods.
(b)

Sense of Congress
It is the sense of Congress that, in the best interest of cross-border trade and the agricultural community—
(1)
any lack of certified personnel for inspection purposes at ports of entry should be addressed by seeking cooperation between agencies and departments of the United States, whether in the form of a memorandum of understanding or through a certification process, whereby additional existing agents are authorized for additional hours to facilitate and expedite the flow of legitimate trade and commerce of perishable goods in a manner consistent with rules of the Department of Agriculture; and
(2)
cross-designation should be available for personnel who will assist more than one agency or department of the United States at land ports of entry to facilitate and expedite the flow of increased legitimate trade and commerce.
1203.

Authorization of appropriations
In addition to any amounts otherwise authorized to be appropriated for such purpose, there is appropriated $2,000,000,000 for each of fiscal years 2026 through 2030 to carry out this subtitle.
1204.

Funding matters
Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
“9512.

Immigration infrastructure and debt reduction fund
(a)

Creation of trust fund
There is hereby established in the Treasury of the United States a trust fund to be known as the Immigration Infrastructure and Debt Reduction Fund, consisting of such amounts as may be appropriated or credited to such Fund as provided in this section or section 9602(b).
(b)

Transfer to trust fund of amounts equivalent to certain taxes
There are hereby appropriated to the Immigration Infrastructure and Debt Reduction Fund amounts equivalent to the taxes received in the Treasury under section 2304 of division B of the Dignity for Immigrants while Guarding our Nation to Ignite and Deliver the American Dream Act paid or incurred by taxpayers who are aliens and participants in the Dignity Program under title III of division B of the Dignity for Immigrants while Guarding our Nation to Ignite and Deliver the American Dream Act.
(c)

Expenditures from trust fund
Amounts in the Immigration Infrastructure and Debt Reduction Fund shall be available to carry out the Dignity for Immigrants while Guarding our Nation to Ignite and Deliver the American Dream Act and the amendments made by such Act.
(d)

Additional expenditures from trust fund
After such expenditures in this Act are completed, the remaining amounts from the Immigration Infrastructure and Debt Reduction fund shall be returned to the Treasury to pay down the national debt.
(e)

Premium processing fee deposits
Fifty percent of the Premium Processing fee collected under section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)), as amended by section 3201 of the DIGNIDAD Act of 2025, shall be deposited into the Immigration Examinations Fee Account (IEFA) of the Treasury to fund the costs of processing immigration benefit requests.
(f)

Premium processing fee contributions
An employer or private entity may contribute a partial or full amount of the Premium Processing fee collected under section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)), as amended by section 3201 of the DIGNIDAD Act of 2025.”.
III

Criminal Enforcement Provisions
1301.

Illicit spotting
Section 1510 of title 18, United States Code, is amended by adding at the end the following:
“(f)
Any person who knowingly transmits, by any means, to another person the location, movement, or activities of any officer or agent of a Federal, State, local, or tribal law enforcement agency with the intent to aid and abet a criminal offense under the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act), the Controlled Substances Act, or the Controlled Substances Import and Export Act, or that relates to agriculture or monetary instruments shall be fined under this title or imprisoned not more than 10 years, or both.”.
1302.

Unlawfully hindering immigration, border, and customs controls
(a)

Bringing in and harboring of certain aliens
Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended—
(1)
in paragraph (2), by striking “brings to or attempts to” and inserting the following: “brings to or knowingly attempts or conspires to”; and
(2)
by adding at the end the following:
“(5)
In the case of a person who has brought aliens into the United States in violation of this subsection, the sentence otherwise provided for may be increased by up to 10 years if that person, at the time of the offense, used or carried a firearm or who, in furtherance of any such crime, possessed a firearm.”.
(b)

Aiding or assisting certain aliens To enter the United States
Section 277 of the Immigration and Nationality Act (8 U.S.C. 1327) is amended—
(1)
by inserting after “knowingly aids or assists” the following: “or attempts to aid or assist”; and
(2)
by adding at the end the following: “In the case of a person convicted of an offense under this section, the sentence otherwise provided for may be increased by up to 10 years if that person, at the time of the offense, used or carried a firearm or who, in furtherance of any such crime, possessed a firearm.”.
1303.

Report on smuggling
The Secretary of Homeland Security, in coordination with the heads of appropriate Federal agencies, shall develop a regularly updated intelligence driven analysis that includes—
(1)
migrant perceptions of United States law and policy at the border, including human smuggling organization messaging and propaganda;
(2)
tactics, techniques, and procedures used by human smuggling organizations to exploit border security vulnerabilities to facilitate such smuggling activities across the border;
(3)
the methods and use of technology to organize and encourage irregular migration and undermine border security; and
(4)
any other information the Secretary determines appropriate.
1304.

Illegal reentry
Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended to read as follows:
“276.

Reentry of removed alien
(a)

Reentry after removal
(1)

In general
Any alien who has been denied admission, excluded, deported, or removed, or who has departed the United States while an order of exclusion, deportation, or removal is outstanding, and subsequently enters, crosses the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both.
(2)

Exception
If an alien sought and received the express consent of the Secretary to reapply for admission into the United States, or, with respect to an alien previously denied admission and removed, the alien was not required to obtain such advance consent under the Immigration and Nationality Act or any prior Act, the alien shall not be subject to the fine and imprisonment provided for in paragraph (1).
(b)

Reentry of criminal offenders
Notwithstanding the penalty provided in subsection (a), if an alien described in that subsection was convicted before such removal or departure—
(1)
for 3 or more misdemeanors or for a felony, the alien shall be fined under title 18, United States Code, imprisoned not more than 15 years, or both;
(2)
for a felony for which the alien was sentenced to a term of imprisonment of not less than 30 months, the alien shall be fined under such title, imprisoned not more than 20 years, or both;
(3)
for a felony for which the alien was sentenced to a term of imprisonment of not less than 60 months, the alien shall be fined under such title, imprisoned not more than 25 years, or both; or
(4)
for murder, rape, kidnapping, or a felony offense described in chapter 77 (relating to peonage and slavery) or 113B (relating to terrorism) of such title, or for 3 or more felonies of any kind, the alien shall be fined under such title, imprisoned not more than 30 years, or both.
(c)

Reentry after repeated removal
Any alien who has been denied admission, excluded, deported, or removed 3 or more times and thereafter enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, imprisoned not more than 20 years, or both.
(d)

Proof of prior convictions
The prior convictions described in subsection (b) are elements of the crimes described, and the penalties in that subsection shall apply only in cases in which the conviction or convictions that form the basis for the additional penalty are—
(1)
alleged in the indictment or information; and
(2)
proven beyond a reasonable doubt at trial or admitted by the defendant.
(e)

Reentry of alien removed prior to completion of term of imprisonment
Any alien removed pursuant to section 241(a)(4) who enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in, the United States shall be incarcerated for the remainder of the sentence of imprisonment which was pending at the time of deportation without any reduction for parole or supervised release unless the alien affirmatively demonstrates that the Secretary of Homeland Security has expressly consented to the alien’s reentry. Such alien shall be subject to such other penalties relating to the reentry of removed aliens as may be available under this section or any other provision of law.
(f)

Definitions
For purposes of this section and section 275, the following definitions shall apply:
(1)

Crosses the border to the united states
The term crosses the border refers to the physical act of crossing the border free from official restraint.
(2)

Official restraint
The term official restraint means any restraint known to the alien that serves to deprive the alien of liberty and prevents the alien from going at large into the United States. Surveillance unbeknownst to the alien shall not constitute official restraint.
(3)

Felony
The term felony means any criminal offense punishable by a term of imprisonment of more than 1 year under the laws of the United States, any State, or a foreign government.
(4)

Misdemeanor
The term misdemeanor means any criminal offense punishable by a term of imprisonment of not more than 1 year under the applicable laws of the United States, any State, or a foreign government.
(5)

Removal
The term removal includes any denial of admission, exclusion, deportation, or removal, or any agreement by which an alien stipulates or agrees to exclusion, deportation, or removal.
(6)

State
The term State means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.”.
1305.

Mandatory minimum penalty for child sex trafficking
Section 1591(b) of title 18, United States Code, is amended—
(1)
in paragraph (1), by striking “15” and inserting “25”; and
(2)
in paragraph (2), by striking “10 years” and inserting “25 years”.
1306.

Visa ineligibility for spouses and children of drug traffickers
Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended—
(1)
in subparagraph (C)(ii), by striking “is the spouse, son, or daughter” and inserting “is or has been the spouse, son, or daughter”; and
(2)
in subparagraph (H)(ii), by striking “is the spouse, son, or daughter” and inserting “is or has been the spouse, son, or daughter”.
1307.

DNA testing and collection consistent with Federal law
(a)

DNA testing for family relationship
Section 222(b) of the Immigration and Nationality Act (8 U.S.C. 1202(b)) is amended by inserting “Where considered necessary, by the consular officer or immigration official, to establish family relationships, the immigrant shall provide DNA evidence of such a relationship in accordance with procedures established for submitting such evidence. The Secretary and the Secretary of State may, in consultation, issue regulations to require DNA evidence to establish family relationship, from applicants for certain visa classifications.” after “and a certified copy of all other records or documents concerning him or his case which may be required by the consular officer.”.
(b)

DNA collection consistent with Federal law
Not later than 90 days after the date of the enactment of this section, the Secretary shall ensure and certify to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate that CBP is fully compliant with the DNA Fingerprint Act of 2005 (Public Law 109–162; 119 Stat. 3084) at all border facilities that process adults, including as part of a family unit, in the custody of CBP at the border.
1308.

Increased penalty for voting by aliens
Section 611(b) of title 18, United States Code, is amended by striking “one year” and inserting “five years”.
IV

Mandatory E-Verify
1401.

Short title
This title may be cited as the “Legal Workforce Act”.
1402.

Employment eligibility verification process
(a)

In general
Section 274A(b) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)) is amended to read as follows:
“(b)

Employment eligibility verification process
(1)

New hires, recruitment, and referral
The requirements referred to in paragraphs (1)(B) and (3) of subsection (a) are, in the case of a person or other entity hiring, recruiting, or referring an individual for employment in the United States, the following:
(A)

Attestation after examination of documentation
(i)

Attestation
During the verification period (as defined in subparagraph (E)), the person or entity shall attest, under penalty of perjury and on a form, including electronic and telephonic formats, designated or established by the Secretary by regulation not later than 6 months after the date of the enactment of the Legal Workforce Act, that it has verified that the individual is not an unauthorized alien by—
(I)
obtaining from the individual the individual’s social security account number or United States passport number and recording the number on the form (if the individual claims to have been issued such a number), and, if the individual does not attest to United States nationality under subparagraph (B), obtaining such identification or authorization number established by the Department of Homeland Security for the alien as the Secretary of Homeland Security may specify, and recording such number on the form; and
(II)
examining—
- (aa)
a document relating to the individual presenting it described in clause (ii); or
- (bb)
a document relating to the individual presenting it described in clause (iii) and a document relating to the individual presenting it described in clause (iv).
(ii)

Documents evidencing employment authorization and establishing identity
A document described in this subparagraph is an individual’s—
(I)
unexpired United States passport or passport card;
(II)
unexpired permanent resident card that contains a photograph;
(III)
unexpired employment authorization card that contains a photograph;
(IV)
in the case of a nonimmigrant alien authorized to work for a specific employer incident to status, a foreign passport with Form I–94 or Form I–94A, or other documentation as designated by the Secretary specifying the alien’s nonimmigrant status as long as the period of status has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified in the documentation;
(V)
passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I–94 or Form I–94A, or other documentation as designated by the Secretary, indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI; or
(VI)
other document designated by the Secretary of Homeland Security, if the document—
- (aa)
contains a photograph of the individual and biometric identification data from the individual and such other personal identifying information relating to the individual as the Secretary of Homeland Security finds, by regulation, sufficient for purposes of this clause;
- (bb)
is evidence of authorization of employment in the United States; and
- (cc)
contains security features to make it resistant to tampering, counterfeiting, and fraudulent use.
(iii)

Documents evidencing employment authorization
A document described in this subparagraph is an individual's social security account number card (other than such a card which specifies on the face that the issuance of the card does not authorize employment in the United States).
(iv)

Documents establishing identity of individual
A document described in this subparagraph is—
(I)
an individual's unexpired State-issued driver’s license or identification card if it contains a photograph and information such as name, date of birth, gender, height, eye color, and address;
(II)
an individual's unexpired U.S. military identification card;
(III)
an individual's unexpired Native American tribal identification document issued by a tribal entity recognized by the Bureau of Indian Affairs; or
(IV)
in the case of an individual under 18 years of age, a parent or legal guardian’s attestation under penalty of law as to the identity and age of the individual.
(v)

Authority to prohibit use of certain documents
If the Secretary of Homeland Security finds, by regulation, that any document described in clause (i), (ii), or (iii) as establishing employment authorization or identity does not reliably establish such authorization or identity or is being used fraudulently to an unacceptable degree, the Secretary may prohibit or place conditions on its use for purposes of this paragraph.
(vi)

Signature
Such attestation may be manifested by either a handwritten or electronic signature.
(B)

Individual attestation of employment authorization
During the ver­i­fi­ca­tion period (as defined in subparagraph (E)), the individual shall attest, under penalty of perjury on the form designated or established for purposes of subparagraph (A), that the individual is a citizen or national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Secretary of Homeland Security to be hired, recruited, or referred for such employment. Such attestation may be manifested by either a handwritten or electronic signature. The individual shall also provide that individual’s social security account number or United States passport number (if the individual claims to have been issued such a number), and, if the individual does not attest to United States nationality under this subparagraph, such identification or authorization number established by the Department of Homeland Security for the alien as the Secretary may specify.
(C)

Retention of verification form and verification
(i)

In general
After completion of such form in accordance with subparagraphs (A) and (B), the person or entity shall—
(I)
retain a paper, microfiche, microfilm, or electronic version of the form and make it available for inspection by officers of the Department of Homeland Security, the Department of Justice, or the Department of Labor during a period beginning on the date of the recruiting or referral of the individual, or, in the case of the hiring of an individual, the date on which the verification is completed, and ending—
- (aa)
in the case of the recruiting or referral of an individual, 3 years after the date of the recruiting or referral; and
- (bb)
in the case of the hiring of an individual, the later of 3 years after the date the ver­i­fi­ca­tion is completed or one year after the date the individual’s employment is terminated; and
(II)
during the verification period (as defined in subparagraph (E)), make an inquiry, as provided in subsection (d), using the verification system to seek verification of the identity and employment eligibility of an individual.
(ii)

Confirmation
(I)

Confirmation received
If the person or other entity receives an appropriate confirmation of an individual’s identity and work eligibility under the verification system within the time period specified, the person or entity shall record on the form an appropriate code that is provided under the system and that indicates a final confirmation of such identity and work eligibility of the individual.
(II)

Tentative nonconfirmation received
If the person or other entity receives a tentative nonconfirmation of an individual’s identity or work eligibility under the verification system within the time period specified, the person or entity shall so inform the individual for whom the verification is sought. If the individual does not contest the nonconfirmation within the time period specified, the nonconfirmation shall be considered final. The person or entity shall then record on the form an appropriate code which has been provided under the system to indicate a final nonconfirmation. If the individual does contest the nonconfirmation, the individual shall utilize the process for secondary verification provided under subsection (d). The nonconfirmation will remain tentative until a final confirmation or nonconfirmation is provided by the ver­i­fi­ca­tion system within the time period specified. In no case shall an employer terminate employment of an individual because of a failure of the individual to have identity and work eligibility confirmed under this section until a nonconfirmation becomes final. Nothing in this clause shall apply to a termination of employment for any reason other than because of such a failure. In no case shall an employer rescind the offer of employment to an individual because of a failure of the individual to have identity and work eligibility confirmed under this subsection until a nonconfirmation becomes final. Nothing in this subclause shall apply to a recission of the offer of employment for any reason other than because of such a failure.
(III)

Final confirmation or nonconfirmation received
If a final confirmation or nonconfirmation is provided by the verification system regarding an individual, the person or entity shall record on the form an appropriate code that is provided under the system and that indicates a confirmation or nonconfirmation of identity and work eligibility of the individual.
(IV)

Extension of time
If the person or other entity in good faith attempts to make an inquiry during the time period specified and the verification system has registered that not all inquiries were received during such time, the person or entity may make an inquiry in the first subsequent working day in which the verification system registers that it has received all inquiries. If the verification system cannot receive inquiries at all times during a day, the person or entity merely has to assert that the entity attempted to make the inquiry on that day for the previous sentence to apply to such an inquiry, and does not have to provide any additional proof concerning such inquiry.
(V)

Consequences of nonconfirmation
- (aa)

Termination or notification of continued employment
If the person or other entity has received a final nonconfirmation regarding an individual, the person or entity may terminate employment of the individual (or decline to recruit or refer the individual). If the person or entity does not terminate employment of the individual or proceeds to recruit or refer the individual, the person or entity shall notify the Secretary of Homeland Security of such fact through the verification system or in such other manner as the Secretary may specify.
- (bb)

Failure to notify
If the person or entity fails to provide notice with respect to an individual as required under item (aa), the failure is deemed to constitute a violation of subsection (a)(1)(A) with respect to that individual.
(VI)

Continued employment after final nonconfirmation
If the person or other entity continues to employ (or to recruit or refer) an individual after receiving final nonconfirmation, a rebuttable presumption is created that the person or entity has violated subsection (a)(1)(A).
(D)

Effective dates of new procedures
(i)

Hiring
Except as provided in clause (iii), the provisions of this paragraph shall apply to a person or other entity hiring an individual for employment in the United States as follows:
(I)
With respect to employers having 10,000 or more employees in the United States on the date of the enactment of the Legal Workforce Act, on the date that is 6 months after the date of the enactment of such Act.
(II)
With respect to employers having 500 or more employees in the United States, but less than 10,000 employees in the United States, on the date of the enactment of the Legal Workforce Act, on the date that is 12 months after the date of the enactment of such Act.
(III)
With respect to employers having 20 or more employees in the United States, but less than 500 employees in the United States, on the date of the enactment of the Legal Workforce Act, on the date that is 18 months after the date of the enactment of such Act.
(IV)
With respect to employers having one or more employees in the United States, but less than 20 employees in the United States, on the date of the enactment of the Legal Workforce Act, on the date that is 24 months after the date of the enactment of such Act.
(ii)

Recruiting and referring
Except as provided in clause (iii), the provisions of this paragraph shall apply to a person or other entity recruiting or referring an individual for employment in the United States on the date that is 12 months after the date of the enactment of the Legal Workforce Act.
(iii)

Agricultural labor or services
With respect to an employee performing agricultural labor or services, this paragraph shall not apply with respect to the verification of the employee until the date that is 30 months after the date of the enactment of the Legal Workforce Act. For purposes of the preceding sentence, the term agricultural labor or services has the meaning given such term by the Secretary of Agriculture in regulations and includes agricultural labor as defined in section 3121(g) of the Internal Revenue Code of 1986, agriculture as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state, all activities required for the preparation, processing or manufacturing of a product of agriculture (as such term is defined in such section 3(f)) for further distribution, and activities similar to all the foregoing as they relate to fish or shellfish facilities. An employee described in this clause shall not be counted for purposes of clause (i).
(iv)

Extensions
Upon request by an employer having 50 or fewer employees, the Secretary shall allow a one-time 6-month extension of the effective date set out in this subparagraph applicable to such employer. Such request shall be made to the Secretary and shall be made prior to such effective date.
(v)

Transition rule
Subject to paragraph (4), the following shall apply to a person or other entity hiring, recruiting, or referring an individual for employment in the United States until the effective date or dates applicable under clauses (i) through (iii):
(I)
This subsection, as in effect before the enactment of the Legal Workforce Act.
(II)
Subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as in effect before the effective date in section 6107(c) of the Legal Workforce Act.
(III)
Any other provision of Federal law requiring the person or entity to participate in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as in effect before the effective date in section 6107(c) of the Legal Workforce Act, including Executive Order 13465 (8 U.S.C. 1324a note; relating to Government procurement).
(E)

Verification period defined
(i)

In general
For purposes of this paragraph:
(I)
In the case of recruitment or referral, the term verification period means the period ending on the date recruiting or referring commences.
(II)
In the case of hiring, the term verification period means the period beginning on the date on which an offer of employment is extended and ending on the date that is three business days after the date of hire, except as provided in clause (iii). The offer of employment may be conditioned in accordance with clause (ii).
(ii)

Job offer may be conditional
A person or other entity may offer a prospective employee an employment position that is conditioned on final verification of the identity and employment eligibility of the employee using the procedures established under this paragraph.
(iii)

Special rule
Not­with­stand­ing clause (i)(II), in the case of an alien who is authorized for employment and who provides evidence from the Social Security Administration that the alien has applied for a social security account number, the verification period ends three business days after the alien receives the social security account number.
(2)

Reverification for individuals with limited work authorization
(A)

In general
Except as provided in subparagraph (B), a person or entity shall make an inquiry, as provided in subsection (d), using the verification system to seek re­ver­i­fi­ca­tion of the identity and employment eligibility of all individuals with a limited period of work authorization employed by the person or entity during the three business days after the date on which the employee's work authorization expires as follows:
(i)
With respect to employers having 10,000 or more employees in the United States on the date of the enactment of the Legal Workforce Act, beginning on the date that is 6 months after the date of the enactment of such Act.
(ii)
With respect to employers having 500 or more employees in the United States, but less than 10,000 employees in the United States, on the date of the enactment of the Legal Workforce Act, beginning on the date that is 12 months after the date of the enactment of such Act.
(iii)
With respect to employers having 20 or more employees in the United States, but less than 500 employees in the United States, on the date of the enactment of the Legal Workforce Act, beginning on the date that is 18 months after the date of the enactment of such Act.
(iv)
With respect to employers having one or more employees in the United States, but less than 20 employees in the United States, on the date of the enactment of the Legal Workforce Act, beginning on the date that is 24 months after the date of the enactment of such Act.
(B)

Agricultural labor or services
With respect to an employee performing agricultural labor or services, or an employee recruited or referred by a farm labor contractor (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801)), subparagraph (A) shall not apply with respect to the reverification of the employee until the date that is 30 months after the date of the enactment of the Legal Workforce Act. For purposes of the preceding sentence, the term agricultural labor or services has the meaning given such term by the Secretary of Agriculture in regulations and includes agricultural labor as defined in section 3121(g) of the Internal Revenue Code of 1986, agriculture as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state, all activities required for the preparation, processing, or manufacturing of a product of agriculture (as such term is defined in such section 3(f)) for further distribution, and activities similar to all the foregoing as they relate to fish or shellfish facilities. An employee described in this subparagraph shall not be counted for purposes of subparagraph (A).
(C)

Reverification
Paragraph (1)(C)(ii) shall apply to reverifications pursuant to this paragraph on the same basis as it applies to verifications pursuant to paragraph (1), except that employers shall—
(i)
use a form designated or established by the Secretary by regulation for purposes of this paragraph; and
(ii)
retain a paper, microfiche, microfilm, or electronic version of the form and make it available for inspection by officers of the Department of Homeland Security, the Department of Justice, or the Department of Labor during the period beginning on the date the reverification commences and ending on the date that is the later of 3 years after the date of such reverification or 1 year after the date the individual’s employment is terminated.
(3)

Previously hired individuals
(A)

On a mandatory basis for certain employees
(i)

In general
Not later than the date that is 6 months after the date of the enactment of the Legal Workforce Act, an employer shall make an inquiry, as provided in subsection (d), using the verification system to seek verification of the identity and employment eligibility of any individual described in clause (ii) employed by the employer whose employment eligibility has not been verified under the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
(ii)

Individuals described
An individual described in this clause is any of the following:
(I)
An employee of any unit of a Federal, State, or local government.
(II)
An employee who requires a Federal security clearance working in a Federal, State, or local government building, a military base, a nuclear energy site, a weapons site, or an airport or other facility that requires workers to carry a Transportation Worker Identification Credential (TWIC).
(III)
An employee assigned to perform work in the United States under a Federal contract, except that this subclause—
- (aa)
is not applicable to individuals who have a clearance under Homeland Security Presidential Directive 12 (HSPD 12 clearance), are administrative or overhead personnel, or are working solely on contracts that provide Commercial Off The Shelf goods or services as set forth by the Federal Acquisition Regulatory Council, unless they are subject to verification under subclause (II); and
- (bb)
only applies to contracts over the simple acquisition threshold as defined in section 2.101 of title 48, Code of Federal Regulations.
(B)

On a mandatory basis for multiple users of same social security account number
In the case of an employer who is required by this subsection to use the verification system described in subsection (d), or has elected voluntarily to use such system, the employer shall make inquiries to the system in accordance with the following:
(i)
The Commissioner of Social Security shall notify annually employees (at the employee address listed on the Wage and Tax Statement) who submit a social security account number to which more than one employer reports income and for which there is a pattern of unusual multiple use. The notification letter shall identify the number of employers to which income is being reported as well as sufficient information notifying the employee of the process to contact the Social Security Administration Fraud Hotline if the employee believes the employee’s identity may have been stolen. The notice shall not share information protected as private, in order to avoid any recipient of the notice from being in the position to further commit or begin committing identity theft.
(ii)
If the person to whom the social security account number was issued by the Social Security Administration has been identified and confirmed by the Commissioner, and indicates that the social security account number was used without their knowledge, the Secretary and the Commissioner shall lock the social security account number for employment eligibility verification purposes and shall notify the employers of the individuals who wrongfully submitted the social security account number that the employee may not be work-eligible.
(iii)
Each employer receiving such notification of an incorrect social security account number under clause (ii) shall use the verification system described in subsection (d) to check the work eligibility status of the applicable employee within 10 business days of receipt of the notification.
(C)

On a voluntary basis
Subject to paragraph (2), and subparagraphs (A) through (C) of this paragraph, beginning on the date that is 30 days after the date of the enactment of the Legal Workforce Act, an employer may make an inquiry, as provided in subsection (d), using the verification system to seek verification of the identity and employment eligibility of any individual employed by the employer. If an employer chooses voluntarily to seek verification of any individual employed by the employer, the employer shall seek verification of all individuals employed at the same geographic location or, at the option of the employer, all individuals employed within the same job category, as the employee with respect to whom the employer seeks voluntarily to use the verification system. An employer’s decision about whether or not voluntarily to seek verification of its current workforce under this subparagraph may not be considered by any government agency in any proceeding, investigation, or review provided for in this Act.
(D)

Verification
Paragraph (1)(C)(ii) shall apply to verifications pursuant to this paragraph on the same basis as it applies to verifications pursuant to paragraph (1), except that employers shall—
(i)
use a form designated or established by the Secretary by regulation for purposes of this paragraph; and
(ii)
retain a paper, microfiche, microfilm, or electronic version of the form and make it available for inspection by officers of the Department of Homeland Security, the Department of Justice, or the Department of Labor during the period beginning on the date the verification commences and ending on the date that is the later of 3 years after the date of such verification or 1 year after the date the individual’s employment is terminated.
(4)

Early compliance
(A)

Former E-Verify required users, including Federal contractors
Notwithstanding the deadlines in paragraphs (1) and (2), beginning on the date of the enactment of the Legal Workforce Act, the Secretary is authorized to commence requiring employers required to participate in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), including employers required to participate in such program by reason of Federal acquisition laws (and regulations promulgated under those laws, including the Federal Acquisition Regulation), to commence compliance with the requirements of this subsection (and any additional requirements of such Federal acquisition laws and regulation) in lieu of any requirement to participate in the E-Verify Program.
(B)

Former E-Verify voluntary users and others desiring early compliance
Notwithstanding the deadlines in paragraphs (1) and (2), beginning on the date of the enactment of the Legal Workforce Act, the Secretary shall provide for the voluntary compliance with the requirements of this subsection by employers voluntarily electing to participate in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) before such date, as well as by other employers seeking voluntary early compliance.
(5)

Copying of documentation permitted
Notwithstanding any other provision of law, the person or entity may copy a document presented by an individual pursuant to this subsection and may retain the copy, but only (except as otherwise permitted under law) for the purpose of complying with the requirements of this subsection.
(6)

Limitation on use of forms
A form designated or established by the Secretary of Homeland Security under this subsection and any information contained in or appended to such form, may not be used for purposes other than for enforcement of this Act and any other provision of Federal criminal law.
(7)

Good faith compliance
(A)

In general
Except as otherwise provided in this subsection, a person or entity is considered to have complied with a requirement of this subsection notwithstanding a technical or procedural failure to meet such requirement if there was a good faith attempt to comply with the requirement.
(B)

Exception if failure to correct after notice
Subparagraph (A) shall not apply if—
(i)
the failure is not de minimis;
(ii)
the Secretary of Homeland Security has explained to the person or entity the basis for the failure and why it is not de minimis;
(iii)
the person or entity has been provided a period of not less than 30 calendar days (beginning after the date of the explanation) within which to correct the failure; and
(iv)
the person or entity has not corrected the failure voluntarily within such period.
(C)

Exception for pattern or practice violators
Subparagraph (A) shall not apply to a person or entity that has or is engaging in a pattern or practice of violations of subsection (a)(1)(A) or (a)(2).
(8)

Single extension of deadlines upon certification
In a case in which the Secretary of Homeland Security has certified to the Congress that the employment eligibility verification system required under subsection (d) will not be fully operational by the date that is 6 months after the date of the enactment of the Legal Workforce Act, each deadline established under this section for an employer to make an inquiry using such system shall be extended by 6 months. No other extension of such a deadline shall be made except as authorized under paragraph (1)(D)(iv).”.
(b)

Date of hire
Section 274A(h) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at the end the following:
“(4)

Definition of date of hire
As used in this section, the term date of hire means the date of actual commencement of employment for wages or other remuneration, unless otherwise specified.”.
1403.

Employment eligibility verification system
Section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)) is amended to read as follows:
“(d)

Employment eligibility verification system
(1)

In general
Patterned on the employment eligibility confirmation system established under section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), the Secretary of Homeland Security shall establish and administer a verification system through which the Secretary (or a designee of the Secretary, which may be a nongovernmental entity)—
(A)
responds to inquiries made by persons at any time through a toll-free telephone line and other toll-free electronic media concerning an individual’s identity and whether the individual is authorized to be employed; and
(B)
maintains records of the inquiries that were made, of verifications provided (or not provided), and of the codes provided to inquirers as evidence of their compliance with their obligations under this section.
(2)

Initial response
The verification system shall provide confirmation or a tentative nonconfirmation of an individual’s identity and employment eligibility within 3 working days of the initial inquiry. If providing confirmation or tentative nonconfirmation, the verification system shall provide an appropriate code indicating such confirmation or such nonconfirmation.
(3)

Secondary confirmation process in case of tentative nonconfirmation
In cases of tentative nonconfirmation, the Secretary shall specify, in consultation with the Commissioner of Social Security, an available secondary verification process to confirm the validity of information provided and to provide a final confirmation or nonconfirmation not later than 10 working days after the date on which the notice of the tentative nonconfirmation is received by the employee. The Secretary, in consultation with the Commissioner, may extend this deadline once on a case-by-case basis for a period of 10 working days, and if the time is extended, shall document such extension within the verification system. The Secretary, in consultation with the Commissioner, shall notify the employee and employer of such extension. The Secretary, in consultation with the Commissioner, shall create a standard process of such extension and notification and shall make a description of such process available to the public. When final confirmation or nonconfirmation is provided, the verification system shall provide an appropriate code indicating such confirmation or nonconfirmation.
(4)

Design and operation of system
The verification system shall be designed and operated—
(A)
to maximize its reliability and ease of use by persons and other entities consistent with insulating and protecting the privacy and security of the underlying information;
(B)
to respond to all inquiries made by such persons and entities on whether individuals are authorized to be employed and to register all times when such inquiries are not received;
(C)
with appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information;
(D)
to have reasonable safeguards against the system’s resulting in unlawful discriminatory practices based on national origin or citizenship status, including—
(i)
the selective or unauthorized use of the system to verify eligibility; or
(ii)
the exclusion of certain individuals from consideration for employment as a result of a perceived likelihood that additional verification will be required, beyond what is required for most job applicants;
(E)
to maximize the prevention of identity theft use in the system; and
(F)
to limit the subjects of verification to the following individuals:
(i)
Individuals hired, referred, or recruited, in accordance with paragraph (1) or (4) of subsection (b).
(ii)
Employees and prospective employees, in accordance with paragraph (1), (2), (3), or (4) of subsection (b).
(iii)
Individuals seeking to confirm their own employment eligibility on a voluntary basis.
(5)

Responsibilities of Commissioner of Social Security
As part of the verification system, the Commissioner of Social Security, in consultation with the Secretary of Homeland Security (and any designee of the Secretary selected to establish and administer the verification system), shall establish a reliable, secure method, which, within the time periods specified under paragraphs (2) and (3), compares the name and social security account number provided in an inquiry against such information maintained by the Commissioner in order to validate (or not validate) the information provided regarding an individual whose identity and employment eligibility must be confirmed, the correspondence of the name and number, and whether the individual has presented a social security account number that is not valid for employment. The Commissioner shall not disclose or release social security information (other than such confirmation or nonconfirmation) under the verification system except as provided for in this section or section 205(c)(2)(I) of the Social Security Act.
(6)

Responsibilities of Secretary of Homeland Security
As part of the verification system, the Secretary of Homeland Security (in consultation with any designee of the Secretary selected to establish and administer the verification system), shall establish a reliable, secure method, which, within the time periods specified under paragraphs (2) and (3), compares the name and alien identification or authorization number (or any other information as determined relevant by the Secretary) which are provided in an inquiry against such information maintained or accessed by the Secretary in order to validate (or not validate) the information provided, the correspondence of the name and number, whether the alien is authorized to be employed in the United States, or to the extent that the Secretary determines to be feasible and appropriate, whether the records available to the Secretary verify the identity or status of a national of the United States.
(7)

Updating information
The Commissioner of Social Security and the Secretary of Homeland Security shall update their information in a manner that promotes the maximum accuracy and shall provide a process for the prompt correction of erroneous information, including instances in which it is brought to their attention in the secondary verification process described in paragraph (3).
(8)

Limitation on use of the verification system and any related systems
(A)

No national identification card
Nothing in this section shall be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card.
(B)

Critical infrastructure
The Secretary may authorize or direct any person or entity responsible for granting access to, protecting, securing, operating, administering, or regulating part of the critical infrastructure (as defined in section 1016(e) of the Critical Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e))) to use the verification system to the extent the Secretary determines that such use will assist in the protection of the critical infrastructure.
(9)

Remedies
If an individual alleges that the individual would not have been dismissed from a job but for an error of the verification mechanism, the individual may seek compensation only through the mechanism of the Federal Tort Claims Act, and injunctive relief to correct such error. No class action may be brought under this paragraph.”.
1404.

Recruitment, referral, and continuation of employment
(a)

Additional changes to rules for recruitment, referral, and continuation of employment
Section 274A(a) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)) is amended—
(1)
in paragraph (1)(A), by striking “for a fee”;
(2)
in paragraph (1), by amending subparagraph (B) to read as follows:
“(B)
to hire, continue to employ, or to recruit or refer for employment in the United States an individual without complying with the requirements of subsection (b).”; and
(3)
in paragraph (2), by striking “after hiring an alien for employment in accordance with paragraph (1),” and inserting “after complying with paragraph (1),”.
(b)

Definition
Section 274A(h) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)), as amended by section 1402(b) of this Act, is further amended by adding at the end the following:
“(5)

Definition of recruit or refer
As used in this section, the term refer means the act of sending or directing a person who is in the United States or transmitting documentation or information to another, directly or indirectly, with the intent of obtaining employment in the United States for such person. Only persons or entities referring for remuneration (whether on a retainer or contingency basis) are included in the definition, except that union hiring halls that refer union members or nonunion individuals who pay union membership dues are included in the definition whether or not they receive remuneration, as are labor service entities or labor service agencies, whether public, private, for-profit, or nonprofit, that refer, dispatch, or otherwise facilitate the hiring of laborers for any period of time by a third party. As used in this section, the term recruit means the act of soliciting a person who is in the United States, directly or indirectly, and referring the person to another with the intent of obtaining employment for that person. Only persons or entities referring for remuneration (whether on a retainer or contingency basis) are included in the definition, except that union hiring halls that refer union members or nonunion individuals who pay union membership dues are included in this definition whether or not they receive remuneration, as are labor service entities or labor service agencies, whether public, private, for-profit, or nonprofit that recruit, dispatch, or otherwise facilitate the hiring of laborers for any period of time by a third party.”.
(c)

Effective date
The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act, except that the amendments made by subsection (a) shall take effect 6 months after the date of the enactment of this Act insofar as such amendments relate to continuation of employment.
1405.

Good faith defense
Section 274A(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)(3)) is amended to read as follows:
“(3)

Good faith defense
(A)

Defense
An employer (or person or entity that hires, employs, recruits, or refers (as defined in subsection (h)(5)), or is otherwise obligated to comply with this section) who establishes that it has complied in good faith with the requirements of subsection (b)—
(i)
shall not be liable to a job applicant, an employee, the Federal Government, or a State or local government, under Federal, State, or local criminal or civil law for any employment-related action taken with respect to a job applicant or employee in good-faith reliance on information provided through the system established under subsection (d); and
(ii)
has established compliance with its obligations under subparagraphs (A) and (B) of paragraph (1) and subsection (b) absent a showing by the Secretary of Homeland Security, by clear and convincing evidence, that the employer had knowledge that an employee is an unauthorized alien.
(B)

Mitigation element
For purposes of subparagraph (A)(i), if an employer proves by a preponderance of the evidence that the employer uses a reasonable, secure, and established technology to authenticate the identity of the new employee, that fact shall be taken into account for purposes of determining good faith use of the system established under subsection (d).
(C)

Failure to seek and obtain verification
Subject to the effective dates and other deadlines applicable under subsection (b), in the case of a person or entity in the United States that hires, or continues to employ, an individual, or recruits or refers an individual for employment, the following requirements apply:
(i)

Failure to seek verification
(I)

In general
If the person or entity has not made an inquiry, under the mechanism established under subsection (d) and in accordance with the timeframes established under subsection (b), seeking verification of the identity and work eligibility of the individual, the defense under subparagraph (A) shall not be considered to apply with respect to any employment, except as provided in subclause (II).
(II)

Special rule for failure of verification mechanism
If such a person or entity in good faith attempts to make an inquiry in order to qualify for the defense under subparagraph (A) and the verification mechanism has registered that not all inquiries were responded to during the relevant time, the person or entity can make an inquiry until the end of the first subsequent working day in which the verification mechanism registers no nonresponses and qualify for such defense.
(ii)

Failure to obtain verification
If the person or entity has made the inquiry described in clause (i)(I) but has not received an appropriate verification of such identity and work eligibility under such mechanism within the time period specified under subsection (d)(2) after the time the verification inquiry was received, the defense under subparagraph (A) shall not be considered to apply with respect to any employment after the end of such time period.”.
1406.

Preemption and States’ Rights
Section 274A(h)(2) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(2)) is amended to read as follows:
“(2)

Preemption
(A)

Single, national policy
The provisions of this section preempt any State or local law, ordinance, policy, or rule, including any criminal or civil fine or penalty structure, insofar as they may now or hereafter relate to the hiring, continued employment, or status verification for employment eligibility purposes, of unauthorized aliens.
(B)

State enforcement of Federal law
(i)

Business licensing
A State, locality, municipality, or political subdivision may exercise its authority over business licensing and similar laws as a penalty for failure to use the verification system described in subsection (d) to verify employment eligibility when and as required under subsection (b).
(ii)

General rules
A State, at its own cost, may enforce the provisions of this section, but only insofar as such State follows the Federal regulations implementing this section, applies the Federal penalty structure set out in this section, and complies with all Federal rules and guidance concerning implementation of this section. Such State may collect any fines assessed under this section. An employer may not be subject to enforcement, including audit and investigation, by both a Federal agency and a State for the same violation under this section. Whichever entity, the Federal agency or the State, is first to initiate the enforcement action, has the right of first refusal to proceed with the enforcement action. The Secretary must provide copies of all guidance, training, and field instructions provided to Federal officials implementing the provisions of this section to each State.”.
1407.

Repeal
(a)

In general
Subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is repealed.
(b)

References
Any reference in any Federal law, Executive order, rule, regulation, or delegation of authority, or any document of, or pertaining to, the Department of Homeland Security, Department of Justice, or the Social Security Administration, to the employment eligibility confirmation system established under section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is deemed to refer to the employment eligibility confirmation system established under section 274A(d) of the Immigration and Nationality Act, as amended by section 1403 of this Act.
(c)

Effective date
This section shall take effect on the date that is 30 months after the date of the enactment of this Act.
(d)

Clerical Amendment
The table of sections, in section 1(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, is amended by striking the items relating to subtitle A of title IV.
1408.

Penalties
Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended—
(1)
in subsection (e)(1)—
(A)
by striking “Attorney General” each place such term appears and inserting “Secretary of Homeland Security”; and
(B)
in subparagraph (D), by striking “Service” and inserting “Department of Homeland Security”;
(2)
in subsection (e)(4)—
(A)
in subparagraph (A), in the matter before clause (i), by inserting “, subject to paragraph (10),” after “in an amount”;
(B)
in subparagraph (A)(i), by striking “not less than $250 and not more than $2,000” and inserting “not less than $2,500 and not more than $5,000”;
(C)
in subparagraph (A)(ii), by striking “not less than $2,000 and not more than $5,000” and inserting “not less than $5,000 and not more than $10,000”;
(D)
in subparagraph (A)(iii), by striking “not less than $3,000 and not more than $10,000” and inserting “not less than $10,000 and not more than $25,000”; and
(E)
by moving the margin of the continuation text following subparagraph (B) two ems to the left and by amending subparagraph (B) to read as follows:
“(B)
may require the person or entity to take such other remedial action as is appropriate.”;
(3)
in subsection (e)(5)—
(A)
in the paragraph heading, strike “paperwork”;
(B)
by inserting “, subject to paragraphs (10) through (12),” after “in an amount”;
(C)
by striking “$100” and inserting “$1,000”;
(D)
by striking “$1,000” and inserting “$25,000”; and
(E)
by adding at the end the following: “Failure by a person or entity to utilize the employment eligibility verification system as required by law, or providing information to the system that the person or entity knows or reasonably believes to be false, shall be treated as a violation of subsection (a)(1)(A).”;
(4)
by adding at the end of subsection (e) the following:
“(10)

Exemption from penalty for good faith violation
In the case of imposition of a civil penalty under paragraph (4)(A) with respect to a violation of subsection (a)(1)(A) or (a)(2) for hiring or continuation of employment or recruitment or referral by person or entity and in the case of imposition of a civil penalty under paragraph (5) for a violation of subsection (a)(1)(B) for hiring or recruitment or referral by a person or entity, the penalty otherwise imposed may be waived or reduced if the violator establishes that the violator acted in good faith.
(11)

Mitigation element
For purposes of paragraph (4), the size of the business shall be taken into account when assessing the level of civil money penalty.
(12)

Authority to debar employers for certain violations
(A)

In general
If a person or entity is determined by the Secretary of Homeland Security to be a repeat violator of paragraph (1)(A) or (2) of subsection (a), or is convicted of a crime under this section, such person or entity may be considered for debarment from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the Federal Acquisition Regulation.
(B)

Does not have contract, grant, agreement
If the Secretary of Homeland Security or the Attorney General wishes to have a person or entity considered for debarment in accordance with this paragraph, and such a person or entity does not hold a Federal contract, grant, or cooperative agreement, the Secretary or Attorney General shall refer the matter to the Administrator of General Services to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement, and if so, for what duration and under what scope.
(C)

Has contract, grant, agreement
If the Secretary of Homeland Security or the Attorney General wishes to have a person or entity considered for debarment in accordance with this paragraph, and such person or entity holds a Federal contract, grant, or cooperative agreement, the Secretary or Attorney General shall advise all agencies or departments holding a contract, grant, or cooperative agreement with the person or entity of the Government’s interest in having the person or entity considered for debarment, and after soliciting and considering the views of all such agencies and departments, the Secretary or Attorney General may refer the matter to any appropriate lead agency to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement, and if so, for what duration and under what scope.
(D)

Review
Any decision to debar a person or entity in accordance with this paragraph shall be reviewable pursuant to part 9.4 of the Federal Acquisition Regulation.
(13)

Office for State and local government complaints
The Secretary of Homeland Security shall establish an office—
(A)
to which State and local government agencies may submit information indicating potential violations of subsection (a), (b), or (g)(1) that were generated in the normal course of law enforcement or the normal course of other official activities in the State or locality;
(B)
that is required to indicate to the complaining State or local agency within five business days of the filing of such a complaint by identifying whether the Secretary will further investigate the information provided;
(C)
that is required to investigate those complaints filed by State or local government agencies that, on their face, have a substantial probability of validity;
(D)
that is required to notify the complaining State or local agency of the results of any such investigation conducted; and
(E)
that is required to report to the Congress annually the number of complaints received under this paragraph, the States and localities that filed such complaints, and the resolution of the complaints investigated by the Secretary.”; and
(5)
by amending paragraph (1) of subsection (f) to read as follows:
“(1)

Criminal penalty
Any person or entity which engages in a pattern or practice of violations of subsection (a) (1) or (2) shall be fined not more than $5,000 for each unauthorized alien with respect to which such a violation occurs, imprisoned for not more than 18 months, or both, notwithstanding the provisions of any other Federal law relating to fine levels.”.
1409.

Fraud and misuse of documents
Section 1546(b) of title 18, United States Code, is amended—
(1)
in paragraph (1), by striking “identification document,” and inserting “identification document or document meant to establish work authorization (including the documents described in section 274A(b) of the Immigration and Nationality Act),”; and
(2)
in paragraph (2), by striking “identification document” and inserting “identification document or document meant to establish work authorization (including the documents described in section 274A(b) of the Immigration and Nationality Act),”.
1410.

Protection of Social Security Administration programs
(a)

Funding under agreement
Effective for not later than two years after the date of enactment of this Act, the Commissioner of Social Security and the Secretary of Homeland Security shall enter into and maintain an agreement which shall—
(1)
provide funds to the Commissioner for the full costs of the responsibilities of the Commissioner under section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as amended by section 1403 of this Act, including (but not limited to)—
(A)
acquiring, installing, and maintaining technological equipment and systems necessary for the fulfillment of the responsibilities of the Commissioner under such section 274A(d), but only that portion of such costs that are attributable exclusively to such responsibilities; and
(B)
responding to individuals who contest a tentative nonconfirmation provided by the employment eligibility verification system established under such section;
(2)
provide such funds annually in advance of the applicable quarter based on estimating methodology agreed to by the Commissioner and the Secretary (except in such instances where the delayed enactment of an annual appropriation may preclude such quarterly payments); and
(3)
require an annual accounting and reconciliation of the actual costs incurred and the funds provided under the agreement, which shall be reviewed by the Inspectors General of the Social Security Administration and the Department of Homeland Security.
(b)

Continuation of employment verification in absence of timely agreement
In any case in which the agreement required under subsection (a) for any fiscal year beginning not later than two years after the date of enactment of this Act, has not been reached as of October 1 of such fiscal year, the latest agreement between the Commissioner and the Secretary of Homeland Security providing for funding to cover the costs of the responsibilities of the Commissioner under section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)) shall be deemed in effect on an interim basis for such fiscal year until such time as an agreement required under subsection (a) is subsequently reached, except that the terms of such interim agreement shall be modified by the Director of the Office of Management and Budget to adjust for inflation and any increase or decrease in the volume of requests under the employment eligibility verification system. In any case in which an interim agreement applies for any fiscal year under this subsection, the Commissioner and the Secretary shall, not later than October 1 of such fiscal year, notify the Committee on Ways and Means, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives and the Committee on Finance, the Committee on the Judiciary, and the Committee on Appropriations of the Senate of the failure to reach the agreement required under subsection (a) for such fiscal year. Until such time as the agreement required under subsection (a) has been reached for such fiscal year, the Commissioner and the Secretary shall, not later than the end of each 90-day period after October 1 of such fiscal year, notify such Committees of the status of negotiations between the Commissioner and the Secretary in order to reach such an agreement.
1411.

Fraud prevention
(a)

Blocking misused social security account numbers
The Secretary of Homeland Security, in consultation with the Commissioner of Social Security, shall establish a program in which social security account numbers that have been identified to be subject to unusual multiple use in the employment eligibility verification system established under section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as amended by section 1403 of this Act, or that are otherwise suspected or determined to have been compromised by identity fraud or other misuse, shall be blocked from use for such system purposes unless the individual using such number is able to establish, through secure and fair additional security procedures, that the individual is the legitimate holder of the number.
(b)

Allowing suspension of use of certain social security account numbers
The Secretary of Homeland Security, in consultation with the Commissioner of Social Security, shall establish a program which shall provide a reliable, secure method by which victims of identity fraud and other individuals may suspend or limit the use of their social security account number or other identifying information for purposes of the employment eligibility verification system established under section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as amended by section 1403 of this Act. The Secretary may implement the program on a limited pilot program basis before making it fully available to all individuals.
(c)

Allowing parents To prevent theft of their child’s identity
The Secretary of Homeland Security, in consultation with the Commissioner of Social Security, shall establish a program which shall provide a reliable, secure method by which parents or legal guardians may suspend or limit the use of the social security account number or other identifying information of a minor under their care for the purposes of the employment eligibility verification system established under 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as amended by section 1403 of this Act. The Secretary may implement the program on a limited pilot program basis before making it fully available to all individuals.
1412.

Use of Employment Eligibility Verification Photo Tool
An employer who uses the photo matching tool used as part of the E-Verify System shall match the photo tool photograph to both the photograph on the identity or employment eligibility document provided by the employee and to the face of the employee submitting the document for employment verification purposes.
1413.

Identity authentication employment eligibility verification pilot programs
Not later than 24 months after the date of the enactment of this Act, the Secretary of Homeland Security, after consultation with the Commissioner of Social Security and the Director of the National Institute of Standards and Technology, shall establish by regulation not less than 2 Identity Authentication Employment Eligibility Verification pilot programs, each using a separate and distinct technology (the “Authentication Pilots”). The purpose of the Authentication Pilots shall be to provide for identity authentication and employment eligibility ver­i­fi­ca­tion with respect to enrolled new employees which shall be available to any employer that elects to participate in either of the Authentication Pilots. Any participating employer may cancel the employer’s participation in the Authentication Pilot after one year after electing to participate without prejudice to future participation. The Secretary shall report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate the Secretary’s findings on the Authentication Pilots, including the authentication technologies chosen, not later than 12 months after commencement of the Authentication Pilots.
1414.

Inspector General audits
(a)

In general
Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Social Security Administration shall complete audits of the following categories in order to uncover evidence of individuals who are not authorized to work in the United States:
(1)
Workers who dispute wages reported on their social security account number when they believe someone else has used such number and name to report wages.
(2)
Children’s social security account numbers used for work purposes.
(3)
Employers whose workers present significant numbers of mismatched social security account numbers or names for wage reporting.
(b)

Submission
The Inspector General of the Social Security Administration shall submit the audits completed under subsection (a) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate for review of the evidence of individuals who are not authorized to work in the United States. The Chairmen of those Committees shall then determine information to be shared with the Secretary of Homeland Security so that such Secretary can investigate the unauthorized employment demonstrated by such evidence.
V

Asylum Reform
1501.

Humanitarian campuses
Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following:
“437.

Humanitarian campuses
(a)

In general
Not later than 12 months after the effective date of this section, the Secretary shall establish not fewer than 3 humanitarian campuses located in high traffic sectors of U.S. Border Patrol, as determined by the Secretary, along the southern border land border of the United States (referred to in this section as a “humanitarian campus”).
(b)

Purpose
(1)

Processing and management
The humanitarian campuses shall carry out processing and management activities for asylum seekers apprehended at the border, including—
(A)
criminal history checks;
(B)
identity verification;
(C)
biometrics collection and analysis;
(D)
medical screenings;
(E)
asylum interviews and credible fear determinations under section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) and reasonable fear determinations under section 241(b)(3)(B) of that Act (8 U.S.C. 1231(b)(3)(B));
(F)
facilitating coordination and communication between Federal entities and nongovernmental organizations that are directly involved in providing assistance to aliens;
(G)
legal orientation programming and communication between aliens and outside legal counsel;
(H)
issuance of legal documents relating to immigration court proceedings of aliens; and
(I)
any other activity the Secretary considers appropriate.
(2)

Consideration of eligibility for additional forms of relief
In conducting asylum interviews and credible fear determinations under section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) and reasonable fear determinations under section 241(b)(3)(B) of that Act (8 U.S.C. 1231(b)(3)(B)), the officer shall consider, in addition to whether the alien has a credible fear of persecution, whether the alien may be prima facie eligible for any other form of relief from removal, including—
(A)
withholding of removal under section 241(b)(3) or any cause or claim under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment;
(B)
status under subparagraph (T) or (U) of section 101(a)(15);
(C)
special immigrant juvenile status;
(D)
family reunification pursuant to an approved I–130 petition; and
(E)
any other basis for relief from removal under the immigration laws.
(c)

Personnel and living conditions
The humanitarian campuses shall include—
(1)
personnel assigned from—
(A)
U.S. Customs and Border Protection;
(B)
U.S. Immigration and Customs Enforcement;
(C)
the Federal Emergency Management Agency;
(D)
U.S. Citizenship and Immigration Services; and
(E)
the Office of Refugee Resettlement;
(2)
upon agreement with an applicable Federal agency, personnel from such Federal agency who are assigned to the humanitarian campus;
(3)
sufficient medical staff, including physicians specializing in pediatric or family medicine, nurse practitioners, and physician assistants;
(4)
licensed social workers;
(5)
mental health professionals;
(6)
child advocates appointed by the Secretary of Health and Human Services under section 235(c)(6)(B) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(6)(B));
(7)
sufficient space to carry out the processing, management, and legal orientation activities described in subsection (b);
(8)
sufficient consumables, including toothbrushes, toothpaste, feminine hygiene products, other personal hygiene supplies, clothing, and baby products;
(9)
sufficient recreational space for children and families;
(10)
access to legal resources, including law books, that would permit an individual without legal counsel to prepare for an asylum hearing; and
(11)
sufficient visitation space for non-legal visits, as well as access to secure and confidential telephone and video teleconferencing facilities, for which they may not be charged a price higher than cost to operate.
(d)

Criminal history checks
Each criminal history check carried out under subsection (b)(1) shall be conducted using a set of fingerprints or other biometric identifier obtained from—
(1)
the Federal Bureau of Investigation;
(2)
the criminal history repositories of all States that the individual listed as a current or former residence; and
(3)
any other appropriate Federal or State database resource or repository, as determined by the Secretary.
(e)

Exceptions for additional purposes
Subject to operational and spatial availability, in the event of a major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or any homeland security crisis requiring the establishment of a departmental Joint Task Force under section 708(b), the Secretary may temporarily utilize a humanitarian campus to carry out operations relating to such declaration or crisis.
(f)

Donations
The Department may accept donations from private entities, nongovernmental organizations, and other groups independent of the Federal Government for the care of children and family units at a humanitarian campus, including—
(1)
medical goods and services;
(2)
school supplies;
(3)
toys;
(4)
clothing; and
(5)
any other item intended to promote the well-being of such children and family units.
(g)

Access to facilities for private entities and nongovernmental organizations
(1)

In general
Private entities and nongovernmental organizations that are directly involved in providing humanitarian or legal assistance to families and individuals encountered by the Department along the southwest border of the United States, or organizations that provide assistance to individuals, shall have access to humanitarian campuses for purposes of—
(A)
legal orientation programming;
(B)
providing case management services or establishing case management services;
(C)
coordination with the Department with respect to the care of families and individuals held in humanitarian campuses, including the care of families and individuals who are released or scheduled to be released;
(D)
communication between aliens and outside legal counsel;
(E)
the provision of humanitarian assistance; and
(F)
any other purpose the Secretary considers appropriate.
(2)

Access plan
Not later than 60 days after the date of the enactment of this section, the Secretary shall publish in the Federal Register procedures relating to access to humanitarian campuses under paragraph (1) that ensure—
(A)
the safety of personnel of, and aliens in, humanitarian campuses; and
(B)
the orderly management and operation of humanitarian campuses.
(h)

Legal counsel
Aliens in a humanitarian campus shall have access to legal counsel in accordance with section 292 of the Immigration and Nationality Act (8 U.S.C. 1362), including the opportunity to consult with counsel before any legally determinative aspect of the asylum process occurs.
(i)

Procedures To facilitate communication with counsel
The Secretary shall develop written procedures to permit aliens in a humanitarian campus to visit with, and make free confidential telephone calls to, legal representatives and legal services providers and to receive incoming calls from legal representatives and legal services providers, in a private and confidential space while in custody, for the purposes of retaining or consulting with counsel or obtaining legal advice from legal services providers.
(j)

Legal orientation
An alien in a humanitarian campus shall be provided the opportunity to receive a complete legal orientation presentation administered by a nongovernmental organization in cooperation with the Executive Office for Immigration Review.
(k)

Management of humanitarian campuses
(1)

Operation
The Commissioner of U.S. Customs and Border Protection, in consultation with the interagency coordinating council established under paragraph (2), shall operate the humanitarian campuses.
(2)

Interagency coordinating committee
(A)

Establishment
There is established an interagency coordinating committee for the purpose of coordinating operations and management of the humanitarian campuses.
(B)

Membership
The interagency coordinating committee shall be chaired by the Commissioner of U.S. Customs and Border Protection, or his or her designee, and shall include representatives designated by the heads of the following agencies:
(i)
U.S. Immigration and Customs Enforcement.
(ii)
The Federal Emergency Management Agency.
(iii)
U.S. Citizenship and Immigration Services.
(iv)
The Office of Refugee Resettlement.
(v)
Any other agency that supplies personnel to the humanitarian campuses, upon agreement between the Commissioner of U.S. Customs and Border Protection and the head of such other agency.
(C)

Oversight
The Department of Homeland Security Office of Inspector General shall—
(i)
conduct unannounced inspections of the humanitarian campuses at least twice per year; and
(ii)
on an annual basis, prepare and submit a report detailing compliance with subsection (g) that shall be posted on a public website.
(l)

Screening timeline
Absent exceptional circumstances, aliens shall undergo a complete full screening under this section not later than 15 days after being processed at the campus, including screening for gang, cartel, or criminal affiliation, legal orientation, and initial credible fear interview.”.
1502.

Expedited Asylum Determinations
(a)

In general
Title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting after section 208 the following:
“208A.

Procedures for Expedited Asylum Determinations
(a)

In general
In the case of any alien who enters the United States without lawful status after the date of enactment of this Act, the procedures described in this section shall apply.
(b)

Arrival rest period
On arrival to a humanitarian campus an alien shall be provided a mandatory rest period for 72 hours after initial processing of the alien occurs.
(c)

Initial screening
The Secretary of Homeland Security shall ensure that an alien who is subject to this section shall undergo an initial screening within 15 days after arrival at a humanitarian campus, including ensuring that each asylum seeker is able to make contact with legal counsel within the first week of arrival, prior to sitting for a credible fear interview.
(d)

Secondary screening
In the case of aliens who successfully pass a credible fear interview, an asylum officer may triage cases and make final decisions on asylum cases within 45 days after an initial screening is completed under subsection (c). A secondary screening shall consist of the following:
(1)

In general
(A)
A positive credible fear interview shall be treated as an application for asylum, withholding of removal, and protection under the Convention Against Torture.
(B)
A positive reasonable fear interview shall be treated as an application for withholding of removal or protection under the Convention against Torture, whichever is relevant to the asylum officer’s basis for finding a reasonable fear.
(2)

Purpose of secondary screening
A two-person asylum officer panel conducting a secondary screening shall—
(A)
deny or approve the application for asylum; and
(B)
refer complex or uncertain asylum, withholding of removal, Convention Against Torture, or other cases in which an alien has been determined to be prima facie eligible for other forms of relief pursuant to section 437(b)(2) of this Act, to an immigration judge for a hearing under section 1229a of title 8, United States Code.
(3)

Secondary Screening Process
(A)

Conduct by asylum officers
A secondary screening shall be conducted by a panel of two asylum officers at a humanitarian campus.
(B)

Secondary screening decision procedure
After conducting a secondary screening, the asylum officers shall each independently vote to approve the application, refer the application to an immigration judge as complex or uncertain, or deny the application.
(i)
If both asylum officers vote to approve the application, it shall be approved.
(ii)
If both asylum officers vote to deny the application, it shall be denied.
(iii)
If there is disagreement, or both asylum officers vote to refer the application to an immigration judge, the application shall be referred to an immigration judge for a hearing under section 1229a of title 8, United States Code.
(C)

Record of secondary screening
The officers shall prepare a written record of a secondary screening under subparagraph (B). Such record shall include a summary of the material facts, as stated by the applicant, such additional facts (if any) relied upon by the officers, and each officer’s analysis of why the alien has or has not established eligibility for asylum. A copy of each officer’s screening notes shall be attached to the written summary.
(D)

Alien’s rights in secondary screening
In secondary screenings under this subsection, under regulations of the Secretary of Homeland Security—
(i)
the alien shall have the privilege of being represented, at no expense to the Federal Government, by counsel of the alien’s choosing; and
(ii)
the alien shall have a reasonable opportunity to examine the evidence against the alien and to present evidence on the alien’s own behalf.
(4)

Expedited appeal
Any application for asylum of an alien that is denied under paragraph (3) shall be subject to expedited review upon request of the alien, not later than 7 days after such denial, by a two-asylum officer panel consisting of asylum officers other than the asylum officers who denied such application.
(A)

Secondary screening expedited appeal procedure
After reviewing the record of the secondary screening and any additional submission by the alien or the alien’s representative, the asylum officers shall each independently vote whether to uphold the appeal or deny the appeal. If both asylum officers vote to uphold the appeal, the alien’s application shall be approved. If both asylum officers vote to deny the application, the appeal shall be denied. If there is disagreement, the application shall be referred to an immigration judge for a hearing under section 1229a of title 8, United States Code.
(B)

Alien’s rights in appeal procedure
In any expedited appeal, the alien shall—
(i)
have the privilege of being represented, at no expense to the Federal Government, by counsel of the alien’s choosing; and
(ii)
have a reasonable opportunity to submit evidence and make arguments as to why the decision made under paragraph (3) was incorrect.
(5)

Limited reviewability
Any decision to deny or approve an application under this section may not be subject to judicial review, except as provided in paragraphs (4) and (5).
(6)

Additional review
In any circumstance in which new evidence or law related to the applicant arises during consideration, or a fundamental change in country conditions arises during consideration, an additional review may be conducted by an asylum officer within 7 days after such new evidence or law arises, or country conditions change.
(7)

Vulnerable populations
(A)

In general
An alien that is a member of a vulnerable population may request additional review.
(B)

Description
A member of a vulnerable population includes any individual who is—
(i)
a pregnant woman or a nursing mother;
(ii)
a woman at disproportionate risk of sexual or gender-based violence, exploitation, or abuse;
(iii)
a person at risk of violence due to their sexual orientation;
(iv)
a person with a disability;
(v)
an elderly person;
(vi)
a person with urgent medical needs;
(vii)
a stateless person; and
(viii)
a person holding a valid humanitarian visa.
(8)

Additional review determinations
An additional review conducted with respect to an alien meeting the requirements of paragraph (3) or (4) may uphold the previous determination or be referred to an immigration judge for a final decision.
(9)

Effect of denial
Any alien who is denied asylum status under this subsection shall be subject to expedited removal under section 235.
(e)

Immigration judge referral
If referred to an immigration judge, the following shall apply:
(1)

Court referral and Case management
In the case that an asylum officer refers a case to an immigration judge after a secondary or additional review, each alien subject to such referral shall receive a Notice to Appear and be permitted to leave the humanitarian campus. Each such alien shall be placed in a case management program.
(2)

Monitoring
Each alien in case management shall check in regularly with case officers and be consistently monitored in a manner which ensures the Department of Homeland Security’s ability to electronically verify each person’s location.
(3)

Adult confirmation of location
Any alien placed in case management who is an adult, parent, or legal guardian shall check in on a weekly basis using automated telephone technology that confirms the caller’s identity and location.
(4)

Failure to comply
Absent extraordinary circumstances, any alien who fails to comply with the case management requirements under this subsection shall be denied asylum and subject to expedited removal under section 235.
(f)

Humanitarian campus
In this section, the term humanitarian campus means the campus described in section 472 of the Homeland Security Act of 2002.”.
(b)

Effective date
The amendment made by this section shall take effect as soon as practicable, but not later than 1 year after the date of enactment of this Act.
1503.

Screening and processing in Western hemisphere
(a)

In general
There may be established up to 3 facilities in the Western hemisphere that shall offer asylum prescreening and family reunification services.
(b)

Locations
If facilities are established under subsection (a), they shall be in geographically diverse locations such as—
(1)
in South America, south of the Darien Province in Panama;
(2)
in Central America; or
(3)
in a country that participates in the Caribbean Basin Security Initiative.
(c)

Services offered
The facilities established under this section shall offer the following:
(1)

Pre-screening for asylum eligibility
Asylum officers shall offer asylum pre-screenings, which may be conducted virtually.
(2)

Family Re-unification
The Secretary of Homeland Security shall develop an external family reunification process for unmarried sons and daughters under the age of 21 seeking to be reunited with any parent with legal status in the United States.
(3)

Employment Consultation and Applications
The Secretary of Homeland Security shall ensure that consultations are provided to aliens seeking to apply for legal work visas and assess other legal pathways to citizenship.
(4)

Regional economic opportunities
The Secretary of Homeland Security, in conjunction with the Secretary of State, shall ensure individuals are provided with regional economic opportunities in areas in close proximity to the facilities established under this section.
(d)

Dominican Republic family reunification
Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary of State, shall—
(1)
initiate a Dominican Republic Family Reunification Program to process applications for parole for certain vetted individuals with already approved form I–130 petition for alien relative to be considered upon invitation, for parole, on a case by case basis, while they wait for their immigration visa; and
(2)
prioritize applications described in paragraph (1) in the order in which they were received by the United States Citizenship and Immigration Services before the date of the enactment of this Act.
(e)

Application of the cuban adjustment act
In applying the Cuban Adjustment Act (Public Law 89–732; 8 U.S.C. 1255 note), an alien who was released into the United States under an order of release on recognizance by U.S. Immigration and Customs Enforcement on or before January 31, 2023, shall be considered to have been paroled into the United States.
1504.

Recording expedited removal and credible fear interviews
(a)

In general
The Secretary of Homeland Security shall establish quality assurance procedures and take steps to effectively ensure that questions by employees of the Department of Homeland Security exercising expedited removal authority under section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) are asked in a uniform manner, to the extent possible, and that both these questions and the answers provided in response to them are recorded in a uniform fashion.
(b)

Factors relating to sworn statements
Where practicable, any sworn or signed written statement taken of an alien as part of the record of a proceeding under section 235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a recording of the interview which served as the basis for that sworn statement.
(c)

Interpreters
The Secretary shall ensure that a fluent interpreter, not affiliated with the government of the country from which the alien may claim asylum, is used when the interviewing officer does not speak a language that the alien is fluent in speaking.
(d)

Recordings in immigration proceedings
There shall be an audio or audio visual recording of interviews of aliens subject to expedited removal. The recording shall be included in the record of proceeding and shall be considered as evidence in any further proceedings involving the alien.
1505.

Renunciation of asylum status pursuant to return to home country
(a)

In general
Section 208(c) of the Immigration and Nationality Act (8 U.S.C. 1158(c)) is amended by adding at the end the following new paragraph:
“(4)

Renunciation of status pursuant to return to home country
(A)

In general
Except as provided in subparagraphs (B) and (C), any alien who is granted asylum status under this Act, who, within 5 years after being granted such status, absent changed country conditions, subsequently returns to the country of such alien’s nationality or, in the case of an alien having no nationality, returns to any country in which such alien last habitually resided, and who applied for such status because of persecution or a well-founded fear of persecution in that country on account of race, religion, nationality, membership in a particular social group, or political opinion, shall have his or her status terminated.
(B)

Waiver
The Secretary has discretion to waive subparagraph (A) if it is established to the satisfaction of the Secretary that the alien had a compelling reason for the return. The waiver may be sought prior to departure from the United States or upon return.
(C)

Lawful permanent residents
Subparagraph (A) shall not apply to lawful permanent residents.”.
(b)

Conforming amendment
Section 208(c)(3) of the Immigration and Nationality Act (8 U.S.C. 1158(c)(3)) is amended by inserting after “paragraph (2)” the following: “or (4)”.
1506.

Notice concerning frivolous asylum applications
(a)

In general
Section 208(d)(4) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(4)) is amended—
(1)
in the matter preceding subparagraph (A), by inserting “the Secretary of Homeland Security or” before “the Attorney General”;
(2)
in subparagraph (A), by striking “and of the consequences, under paragraph (6), of knowingly filing a frivolous application for asylum; and” and inserting a semicolon;
(3)
in subparagraph (B), by striking the period and inserting “; and”; and
(4)
by adding at the end the following:
“(C)
ensure that a written warning appears on the asylum application advising the alien of the consequences of filing a frivolous application and serving as notice to the alien of the consequence of filing a frivolous application.”.
(b)

Conforming amendment
Section 208(d)(6) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(6)) is amended by striking “If the” and all that follows and inserting:
“(A)
If the Attorney General determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice under paragraph (4)(C), the alien shall be permanently ineligible for any benefits under this chapter, effective as the date of the final determination of such an application.
(B)
An application is frivolous if the Secretary of Homeland Security or the Attorney General determines, consistent with subparagraph (C), that any of the material elements are knowingly fabricated.
(C)
In determining that an application is frivolous, the Secretary or the Attorney General, must be satisfied that the applicant, during the course of the proceedings, has had sufficient opportunity to clarify any discrepancies or implausible aspects of the claim.
(D)
For purposes of this section, a finding that an alien filed a frivolous asylum application shall not preclude the alien from seeking withholding of removal under section 241(b)(3) or protection pursuant to the Convention Against Torture.”.
1507.

Anti-fraud investigative work product
(a)

Asylum credibility determinations
Section 208(b)(1)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)(iii)) is amended by inserting after “all relevant factors” the following: “, including statements made to, and investigative reports prepared by, immigration authorities and other government officials”.
(b)

Relief for removal credibility determinations
Section 240(c)(4)(C) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(4)(C)) is amended by inserting after “all relevant factors” the following: “, including statements made to, and investigative reports prepared by, immigration authorities and other government officials”.
1508.

Penalties for asylum fraud
Section 1001 of title 18, United States Code, is amended by inserting at the end of the paragraph—
“(d)
Whoever, in any matter before the Secretary of Homeland Security or the Attorney General pertaining to asylum under section 208 of the Immigration and Nationality Act or withholding of removal under section 241(b)(3) of such Act, knowingly and willfully—
(1)
makes any materially false, fictitious, or fraudulent statement or representation; or
(2)
makes or uses any false writings or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry,
shall be fined under this title or imprisoned not more than 10 years, or both.”.
1509.

Statute of limitations for asylum fraud
Section 3291 of title 18, United States Code, is amended—
(1)
by striking “1544,” and inserting “1544, and section 1546,”; and
(2)
by striking “offense.” and inserting “offense or within 10 years after the fraud is discovered.”.
1510.

Standard operating procedures; facilities standards
(a)

Standard operating procedures
Section 411(k)(1) of the Homeland Security Act of 2002 (6 U.S.C. 211(k)) is amended—
(1)
in subparagraph (D), by striking “and” at the end;
(2)
in subparagraph (E)(iv), by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following:
“(F)
standard operating procedures regarding the detection, interdiction, inspection, processing, or transferring of alien children that officers and agents of U.S. Customs and Border Protection shall employ in the execution of their duties.”.
(b)

Facilities standards
(1)

Initial review and update
Not later than 270 days after the date of the enactment of this Act, the Secretary shall review and update the regulations under part 115 of title 6, Code of Federal Regulations, that set standards to prevent, detect, and respond to sexual abuse and assault in immigration holding facilities and other facilities under the jurisdiction of the Department of Homeland Security.
(2)

Quadrennial review
The Secretary shall review and update the regulations referred to in paragraph (1) not less frequently than once every 4 years.
(c)

Oversight
The Department of Homeland Security may not prevent any of the following persons from entering, for the purpose of conducting oversight, any migration holding facility operated by or for the Department of Homeland Security used to house aliens or asylum seekers, or to make any temporary modification at any such facility that in any way alters what is observed by a visiting Member of Congress or such designated employee, compared to what would be observed in the absence of such modification:
(1)
A Member of Congress.
(2)
An employee of the United States House of Representatives or the United States Senate designated by such a Member for the purposes of this section.
(d)

Visitation
Nothing in this section may be construed to require a Member of Congress to provide prior notice of the intent to enter a facility described in subsection (m) for the purpose of conducting oversight.
(e)

Prior notice
With respect to individuals described in subsection (c)(2), the Department of Homeland Security may require that a request be made at least 24 hours in advance of an intent to enter a facility described in subsection (c).
(f)

Online locator updates
U.S. Immigrations and Customs Enforcement shall update the Online Detainee Locator System not later than every 24 hours.
(g)

Family notification
(1)
Upon taking an individual into custody, U.S. Immigration and Customs Enforcement shall notify an immediate family member, relative, or individual designated by the detainee and provide the location of the facility where the detainee is currently held, as well as provide notification if the individual will be transferred to a facility, whether in the same State or in a different State.
(2)
An individual detained in U.S. Immigration and Customs Enforcement custody shall be provided the opportunity to call an immediate family member, relative, or individual designated by the detainee prior to being transferred to a different facility, and upon arrival at a facility, whether in the same State or in a different State.
1511.

Criminal background checks for sponsors of unaccompanied alien children
(a)

In general
Section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)) is amended—
(1)
in subparagraph (A), in the first sentence, by striking “subparagraph (B)” and inserting “subparagraphs (B) and (C)”;
(2)
by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively;
(3)
by inserting after subparagraph (A) the following:
“(B)

Criminal background checks
(i)

In general
Before placing an unaccompanied alien child with an individual, the Secretary of Health and Human Services shall—
(I)
conduct a criminal history background check on the individual and each adult member of the individual’s household; and
(II)
collect biometric samples in connection with any such background check.
(ii)

Scope
(I)

In general
Each biometric criminal history background check required under clause (i) shall be conducted through—
- (aa)
the Federal Bureau of Investigation;
- (bb)
criminal history repositories of each State the individual lists as a current or former residence; and
- (cc)
any other Federal or State database or repository the Secretary of Health and Human Services considers appropriate.
(II)

Use of rapid DNA instruments
DNA analysis of a DNA sample collected under subclause (I) may be carried out with Rapid DNA instruments (as defined in section 3(c) of the DNA Analysis Backlog Elimination Act of 2000 (34 U.S.C. 40702(c))).
(III)

Limitation on use of biometric samples
The Secretary of Health and Human Services may not release a fingerprint or DNA sample collected, or disclose the results of a fingerprint or DNA analysis conducted under this subparagraph, or any other information obtained pursuant to this section, to the Department of Homeland Security for any immigration enforcement purpose.
(IV)

Access to information through the Department of Homeland Security
Not later than 14 days after receiving a request from the Secretary of Health and Human Services, the Secretary of Homeland Security shall provide information necessary to conduct suitability assessments from appropriate Federal, State, and local law enforcement and immigration databases.
(iii)

Prohibition on placement with individuals convicted of certain offenses
The Secretary of Health and Human Services may not place an unaccompanied alien child in the custody or household of an individual who has been convicted of, or is currently being tried for—
(I)
a sex offense (as defined in section 111 of the Sex Offender Registration and Notification Act (34 U.S.C. 20911));
(II)
a crime involving severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102));
(III)
a crime of domestic violence (as defined in section 40002(a) of the Violence Against Women Act (34 U.S.C. 12291(a)));
(IV)
a crime of child abuse and neglect (as defined in section 3 of the Child Abuse Prevention and Treatment Act (Public Law 93–247; 42 U.S.C. 5101 note));
(V)
murder, manslaughter, or an attempt to commit murder or manslaughter (within the meanings of such terms in sections 1111, 1112, and 1113 of title 18, United States Code); or
(VI)
a crime involving receipt, distribution, or possession of a visual depiction of a minor engaging in sexually explicit conduct (within the meanings of such terms in section 2252 of title 18, United States Code).”; and
(4)
by adding at the end the following:
“(E)

Well-being follow-up calls
Not later than 30 days after the date on which an unaccompanied alien child is released from the custody of the Secretary of Health and Human Services, and every 60 days thereafter until the date on which a final decision has been issued in the removal proceedings of the child or such proceedings are terminated, or the unaccompanied alien child turns 18 years of age, the Secretary shall conduct a follow-up telephone call with the unaccompanied alien child and the child’s custodian or the primary point of contact for any other entity with which the child was placed.
(F)

Change of address
The Secretary of Health and Human Services shall—
(i)
require each custodian with whom an unaccompanied alien child is placed under this subsection to notify the Secretary with respect to any change in the unaccompanied alien child’s physical or mailing address, including any situation in which the unaccompanied alien child permanently departs the custodian’s residence, not later than 7 days after the date on which such change or departure occurs; and
(ii)
develop and implement a system that permits custodians to submit notifications electronically with respect to a change of address.”.
(b)

Collection and compilation of statistical information
Section 462(b)(1)(K) of the Homeland Security Act of 2002 (6 U.S.C. 279(b)(1)(K)) is amended by striking “; and” and inserting
“, including—
(i)
the average length of time from apprehension to the child’s master calendar hearing, organized by the fiscal year in which the children were apprehended by U.S. Customs and Border Protection;
(ii)
the number of children identified under clause (i) who did and did not appear at master calendar hearings, including the percentage of children in each category who were represented by counsel;
(iii)
the average length of time from apprehension to the child’s merits hearing, organized by the fiscal year in which the children were apprehended by U.S. Customs and Border Protection;
(iv)
the number of children identified under clause (i) who did and did not appear at merits hearings, including the percentage of children in each category who are represented by counsel; and
(v)
the total number of well-being follow-up calls conducted under section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)(E)) at each time interval following placement with a custodian or other entity, and the number of children that the Secretary of Health and Human Services is unable to contact at each interval, organized by the fiscal year in which the children were apprehended by U.S. Customs and Border Protection; and”.
(c)

Clarification
Unaccompanied alien children shall be processed and reunited with their sponsors in the United States in accordance with guidance outlined in the stipulated settlement agreement filed in the United States District Court for the Central District of California on January 17, 1997 (CV 85–4544–RJK) (commonly known as the “Flores settlement agreement”).
1512.

Fraud in connection with the transfer of custody of unaccompanied alien children
(a)

In general
Chapter 47 of title 18, United States Code, is amended by adding at the end the following:
“1041.

Fraud in connection with the transfer of custody of unaccompanied alien children
(a)

In general
It shall be unlawful for a person to obtain custody of an unaccompanied alien child (as defined in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)))—
(1)
by making any materially false, fictitious, or fraudulent statement or representation; or
(2)
by making or using any false writing or document with the knowledge that such writing or document contains any materially false, fictitious, or fraudulent statement or entry.
(b)

Penalties
(1)

In general
Any person who violates, or attempts or conspires to violate, subsection (a) shall be fined under this title and imprisoned for not less than 1 year.
(2)

Enhanced penalty for trafficking
If the primary purpose of a violation, attempted violation, or conspiracy to violate this section was to subject the child to sexually explicit activity or any other form of exploitation, the offender shall be fined under this title and imprisoned for not less than 15 years.”.
(b)

Clerical amendment
The chapter analysis for chapter 47 of title 18, United States Code, is amended by adding at the end the following:
“1041. Fraud in connection with the transfer of custody of unaccompanied alien children.”.
1513.

Hiring authority
The Director of U.S. Citizenship and Immigration Services shall hire, train, and assign not fewer than 300 asylum officers to assist in expedited asylum determinations at humanitarian campuses established under section 1501.
1514.

Humanitarian status
Section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) is amended—
(1)
in subparagraph (U)(iii), by striking “or” at the end;
(2)
in subparagraph (V)(ii)(II), by striking the period and inserting “; or”; and
(3)
by adding at the end the following:
“(W)
an alien who is prima facie eligible for asylum based on overwhelming evidence during an asylum prescreening at a facility in the Western hemisphere, except that the number of aliens admitted under this status, or otherwise provided such status, may not exceed the number of refugees authorized to enter during a fiscal year.”.
1515.

Two strike policy
(a)

In general
Section 208 of the Immigration and Nationality Act is amended by adding at the end the following:
“(f)

Entry at an unauthorized location
(1)

Logging unlawful entry
Any alien who fails to enter the United States at a designated port of entry shall be logged by an agent biometrically and informed by such agent that applications for asylum may only be made at a designated port of entry.
(2)

Subsequent entry
Any alien who fails to enter the United States at a designated port of entry after being logged under paragraph (1) shall be subject to the expedited removal process under section 235.”.
(b)

Effective date
The amendments made by this section shall take effect 30 days after the date of enactment of this Act.
1516.

Loan forgiveness for legal service providers at humanitarian campuses
Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), as amended by section 1501 of this Act, is amended by adding at the end the following:
“438.

Loan forgiveness for legal service providers at humanitarian campuses
(a)

Program authorized
(1)

Loan forgiveness authorized
The Secretary, in coordination with the Secretary of Education, shall forgive, in accordance with this section, the qualified loan amount described in subsection (b) of the eligible student loan obligation of a borrower who—
(A)
has attended an accredited law school at an institution of higher education (as defined in section 102 of the Higher Education Act of 1965) and obtained a Juris Doctor degree;
(B)
has completed not less than four years of full-time employment as an attorney providing legal services at a humanitarian campus established under section 437(a); and
(C)
is not in default on a loan for which the borrower seeks forgiveness.
(2)

Method of loan forgiveness
To provide loan forgiveness under paragraph (1), the Secretary, in coordination with the Secretary of Education, is authorized to carry out a program—
(A)
through the holder of the loan, to assume the obligation to repay a qualified loan amount for a loan made, insured, or guaranteed under part B of the Higher Education Act of 1965 (other than an excepted PLUS loan or an excepted consolidation loan (as such terms are defined in section 493C(a) of such Act of 1965)); and
(B)
to cancel a qualified loan amount for a loan made under part D or E of such Act of 1965 (other than an excepted PLUS loan or an excepted consolidation loan (as such terms are defined in section 493C(a) of such Act of 1965)).
(3)

Regulations
The Secretary is authorized to issue such regulations as may be necessary to carry out this section.
(b)

Qualified loans amount
(1)

Amount of forgiveness
The Secretary shall forgive 75 percent of the eligible student loan obligation of a borrower described in subsection (a)(1) that is outstanding after the completion of the fourth year of employment described in such paragraph.
(2)

Eligible student loan obligation
The term eligible student loan obligation has the meaning given the term student loan in section 428L of the Higher Education Act of 1965, except that only the portion of such a student loan that is attributable to the borrower’s study of law and attainment of a Juris Doctor degree (and not to undergraduate study or other courses of study) shall be included when calculating the outstanding eligible student loan obligation of a borrower for purposes of paragraph (1).
(c)

Construction
Nothing in this section shall be construed to authorize any refunding of any repayment of a loan.”.
B

Dignity and American Dream
I

Dream Act
2101.

Short title
This title may be cited as the “Dream Act”.
2102.

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, and except as provided in section 2104(c)(2), 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 of this title.
(b)

Requirements
(1)

In general
Notwithstanding any other provision of law, the Secretary or the Attorney General shall adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, or without the conditional basis as provided in section 2104(c)(2), an alien who is inadmissible or deportable from the United States, is subject to a grant of Deferred Enforced Departure, has temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), or is the son or daughter of an alien admitted as a nonimmigrant under subparagraph (E)(i), (E)(ii), (H)(i)(b), or (L) of section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)) if—
(A)
the alien has been continuously physically present in the United States since January 1, 2021;
(B)
the alien was 18 years of age or younger on the date on which the alien entered the United States and has continuously resided in the United States since such entry;
(C)
the alien—
(i)
subject to paragraph (2), is not inadmissible under paragraph (1), (6)(E), (6)(G), (8), or (10) 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)
is not barred from adjustment of status under this title based on the criminal and national security grounds described under subsection (c), subject to the provisions of such subsection; and
(D)
the alien—
(i)
has been admitted to an institution of higher education;
(ii)
has been admitted to an area career and technical education school at the postsecondary level;
(iii)
in the United States, has obtained—
(I)
a high school diploma or a commensurate alternative award from a public or private high school;
(II)
a General Education Development credential, a high school equivalency diploma recognized under State law, or another similar State-authorized credential;
(III)
a credential or certificate from an area career and technical education school at the secondary level; or
(IV)
a recognized postsecondary credential; or
(iv)
is enrolled in secondary school or in an education program assisting students in—
(I)
obtaining a high school diploma or its recognized equivalent under State law;
(II)
passing the General Education Development test, a high school equivalence diploma examination, or other similar State-authorized exam;
(III)
obtaining a certificate or credential from an area career and technical education school providing education at the secondary level; or
(IV)
obtaining a recognized postsecondary credential.
(2)

Waiver of grounds of inadmissibility
With respect to any benefit under this title, and in addition to the waivers under subsection (c)(2), the Secretary may waive the grounds of inadmissibility under paragraph (1), (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, for family unity, or because the waiver is otherwise in the public interest.
(3)

Application fee
(A)

In general
The Secretary may require an alien applying under this section to pay a reasonable fee that is commensurate with the cost of processing the application but does not exceed $1,140.
(B)

Special procedures for applicants with DACA
The Secretary shall establish a streamlined procedure for aliens who have been granted DACA and who meet the requirements for renewal (under the terms of the program in effect on January 1, 2017) to apply for adjustment of status to that of an alien lawfully admitted for permanent residence on a conditional basis under this section, or without the conditional basis as provided in section 2104(c)(2).
(4)

Background checks
The Secretary may not grant an alien permanent resident status on a conditional basis under this section until the requirements of section 2202 are satisfied.
(5)

Military selective service
An alien applying for permanent resident status on a conditional basis under this section, or without the conditional basis as provided in section 2104(c)(2), 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)

Criminal and national security bars
(1)

Grounds of ineligibility
Except as provided in paragraph (2), an alien is ineligible for adjustment of status under this title (whether on a conditional basis or without the conditional basis as provided in section 2104(c)(2)) if any of the following apply:
(A)
The alien is inadmissible under paragraph (2) or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)).
(B)
Excluding any offense under State law for which an essential element is the alien’s immigration status, and any minor traffic offense, the alien has been convicted of—
(i)
any felony offense;
(ii)
two or more misdemeanor offenses (excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered, and any offense involving civil disobedience without violence) not occurring on the same date, and not arising out of the same act, omission, or scheme of misconduct; or
(iii)
a misdemeanor offense of domestic violence, unless the alien demonstrates that such crime is related to the alien having been—
(I)
a victim of domestic violence, sexual assault, stalking, child abuse or neglect, abuse or neglect in later life, or human trafficking;
(II)
battered or subjected to extreme cruelty; or
(III)
a victim of criminal activity described in section 101(a)(15)(U)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)).
(2)

Waivers for certain misdemeanors
For humanitarian purposes, family unity, or if otherwise in the public interest, the Secretary may—
(A)
waive the grounds of inadmissibility under subparagraphs (A), (C), and (D) of section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)), unless the conviction forming the basis for inadmissibility would otherwise render the alien ineligible under paragraph (1)(B) (subject to subparagraph (B)); and
(B)
for purposes of clauses (ii) and (iii) of paragraph (1)(B), waive consideration of—
(i)
one misdemeanor offense if the alien has not been convicted of any offense in the 5-year period preceding the date on which the alien applies for adjustment of status under this title; or
(ii)
up to two misdemeanor offenses if the alien has not been convicted of any offense in the 10-year period preceding the date on which the alien applies for adjustment of status under this title.
(3)

Authority to conduct secondary review
(A)

In general
Notwithstanding an alien’s eligibility for adjustment of status under this title, and subject to the procedures described in this paragraph, the Secretary may, as a matter of non-delegable discretion, provisionally deny an application for adjustment of status (whether on a conditional basis or without the conditional basis as provided in section 2104(c)(2)) if the Secretary, based on clear and convincing evidence, which shall include credible law enforcement information, determines that the alien is described in subparagraph (B) or (D).
(B)

Public safety
An alien is described in this subparagraph if—
(i)
excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered, any offense under State law for which an essential element is the alien’s immigration status, any offense involving civil disobedience without violence, and any minor traffic offense, the alien—
(I)
has been convicted of a misdemeanor offense punishable by a term of imprisonment of more than 30 days; or
(II)
has been adjudicated delinquent in a State or local juvenile court proceeding that resulted in a disposition ordering placement in a secure facility; and
(ii)
the alien poses a significant and continuing threat to public safety related to such conviction or adjudication.
(C)

Public safety determination
For purposes of subparagraph (B)(ii), the Secretary shall consider the recency of the conviction or adjudication; the length of any imposed sentence or placement; the nature and seriousness of the conviction or adjudication, including whether the elements of the offense include the unlawful possession or use of a deadly weapon to commit an offense or other conduct intended to cause serious bodily injury; and any mitigating factors pertaining to the alien’s role in the commission of the offense.
(D)

Gang participation
An alien is described in this subparagraph if the alien has, within the 5 years immediately preceding the date of the application, knowingly, willfully, and voluntarily participated in offenses committed by a criminal street gang (as described in subsections (a) and (c) of section 521 of title 18, United States Code) with the intent to promote or further the commission of such offenses.
(E)

Evidentiary limitation
For purposes of subparagraph (D), allegations of gang membership obtained from a State or Federal in-house or local database, or a network of databases used for the purpose of recording and sharing activities of alleged gang members across law enforcement agencies, shall not establish the participation described in such paragraph.
(F)

Notice
(i)

In general
Prior to rendering a discretionary decision under this paragraph, the Secretary shall provide written notice of the intent to provisionally deny the application to the alien (or the alien’s counsel of record, if any) by certified mail and, if an electronic mail address is provided, by electronic mail (or other form of electronic communication). Such notice shall—
(I)
articulate with specificity all grounds for the preliminary determination, including the evidence relied upon to support the determination; and
(II)
provide the alien with not less than 90 days to respond.
(ii)

Second notice
Not more than 30 days after the issuance of the notice under clause (i), the Secretary shall provide a second written notice that meets the requirements of such clause.
(iii)

Notice not received
Notwithstanding any other provision of law, if an applicant provides good cause for not contesting a provisional denial under this paragraph, including a failure to receive notice as required under this subparagraph, the Secretary shall, upon a motion filed by the alien, reopen an application for adjustment of status under this title and allow the applicant an opportunity to respond, consistent with clause (i)(II).
(G)

Judicial review of a provisional denial
(i)

In general
Notwithstanding any other provision of law, if, after notice and the opportunity to respond under subparagraph (F), the Secretary provisionally denies an application for adjustment of status under this Act, the alien shall have 60 days from the date of the Secretary’s determination to seek review of such determination in an appropriate United States district court.
(ii)

Scope of review and decision
Notwithstanding any other provision of law, review under paragraph (1) shall be de novo and based solely on the administrative record, except that the applicant shall be given the opportunity to supplement the administrative record and the Secretary shall be given the opportunity to rebut the evidence and arguments raised in such submission. Upon issuing its decision, the court shall remand the matter, with appropriate instructions, to the Department of Homeland Security to render a final decision on the application.
(4)

Definitions
For purposes of this Act—
(A)
the term felony offense means an offense under Federal or State law that is punishable by a maximum term of imprisonment of more than 1 year;
(B)
the term misdemeanor offense means an offense under Federal or State law that is punishable by a term of imprisonment of more than 5 days but not more than 1 year; and
(C)
the term crime of domestic violence means any offense that has as an element the use, attempted use, or threatened use of physical force against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual’s acts under the domestic or family violence laws of the United States or any State, Indian Tribal government, or unit of local government.
(d)

Limitation on removal of certain alien minors
An alien who is 18 years of age or younger and meets the requirements under subparagraphs (A), (B), and (C) of subsection (b)(1) shall be provided a reasonable opportunity to meet the educational requirements under subparagraph (D) of such subsection. The Attorney General or the Secretary may not commence or continue with removal proceedings against such an alien.
(e)

Withdrawal of application
The Secretary 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 title or under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
2103.

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 10 years, unless such period is extended by the Secretary; and
(2)
subject to revocation 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 title and the requirements to have the conditional basis of such status removed.
(c)

Revocation of status
The Secretary may revoke 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 section 2102(b)(1)(C); and
(2)
prior to the revocation, provides the alien—
(A)
notice of the proposed revocation; and
(B)
the opportunity for a hearing to provide evidence that the alien meets such requirements or otherwise to contest the proposed revocation.
(d)

Return to previous immigration status
An alien whose permanent resident status on a conditional basis expires under subsection (a)(1) or is revoked under subsection (c), shall return to the immigration status that the alien had immediately before receiving permanent resident status on a conditional basis.
2104.

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 title and grant the alien status as an alien lawfully admitted for permanent residence if the alien—
(A)
is described in section 2102(b)(1)(C);
(B)
has not abandoned the alien’s residence in the United States during the period in which the alien has permanent resident status on a conditional basis; and
(C)
(i)
has obtained a degree from an institution of higher education or a recognized postsecondary credential from an area career and technical education school providing education at the postsecondary level;
(ii)
has served in the Uniformed Services for at least 3 years and, if discharged, received an honorable discharge; or
(iii)
demonstrates earned income for periods totaling at least 4 years and at least 75 percent of the time that the alien has had a valid employment authorization.
(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; or
(iii)
the removal of the alien from the United States would result in 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 title 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
The Secretary may require aliens applying for removal of the conditional basis of an alien’s permanent resident status under this section to pay a reasonable fee that is commensurate with the cost of processing the application.
(5)

Background checks
The Secretary may not remove the conditional basis of an alien’s permanent resident status until the requirements of section 2202 are satisfied.
(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.
(c)

Timing of approval of lawful permanent resident status
(1)

In general
An alien granted permanent resident status on a conditional basis under this title may apply to have such conditional basis removed at any time after such alien has met the eligibility requirements set forth in subsection (a).
(2)

Approval with regard to initial applications
(A)

In general
Notwithstanding any other provision of law, the Secretary or the Attorney General shall adjust to the status of an alien lawfully admitted for permanent resident status without conditional basis, any alien who—
(i)
demonstrates eligibility for lawful permanent residence status on a conditional basis under section 2102(b); and
(ii)
subject to the exceptions described in subsections (a)(2) and (a)(3)(B) of this section, already has fulfilled the requirements of paragraphs (1) and (3) of subsection (a) of this section at the time such alien first submits an application for benefits under this title.
(B)

Background checks
Subsection (a)(5) shall apply to an alien seeking lawful permanent resident status without conditional basis in an initial application in the same manner as it applies to an alien seeking removal of the conditional basis of an alien’s permanent resident status. Section 2102(b)(4) shall not be construed to require the Secretary to conduct more than one identical security or law enforcement background check on such an alien.
(C)

Application fees
In the case of an alien seeking lawful permanent resident status without conditional basis in an initial application, the alien shall pay the fee required under subsection (a)(4), but shall not be required to pay the application fee under section 2102(b)(3).
II

General Provisions
2201.

Definitions
(a)

In general
In this division:
(1)

In general
Except as otherwise specifically provided, any term used in this division that is used in the immigration laws shall have the meaning given such term in the immigration laws.
(2)

Appropriate United States district court
The term appropriate United States district court means the United States District Court for the District of Columbia or the United States district court with jurisdiction over the alien’s principal place of residence.
(3)

Area career and technical education school
The term area career and technical education school has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
(4)

DACA
The term DACA means deferred action granted to an alien pursuant to the Deferred Action for Childhood Arrivals policy announced by the Secretary of Homeland Security on June 15, 2012.
(5)

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)).
(6)

High school; secondary school
The terms 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).
(7)

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)).
(8)

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.
(9)

Recognized postsecondary credential
The term recognized postsecondary credential has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(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.
(b)

Treatment of expunged convictions
For purposes of adjustment of status under this division, the terms convicted and conviction, as used in this division and 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.
2202.

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 division, on either a conditional or permanent basis, 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 division, on either a conditional or permanent basis. The status of an alien may not be adjusted, on either a conditional or permanent basis, unless security and law enforcement background checks are completed to the satisfaction of the Secretary.
2203.

Limitation on removal and other conditions on eligible individuals
(a)

Limitation on removal
An alien who appears to be prima facie eligible for relief under this division shall be given a reasonable opportunity to apply for such relief and may not be removed until, subject to section 2206(c)(2), 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 division. 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)

Advance parole
During the period beginning on the date on which an alien applies for adjustment of status under this division 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 Act.
(d)

Employment
An alien whose removal is stayed pursuant to this division, who may not be placed in removal proceedings pursuant to this division, or who has pending an application under this division, shall, upon application to the Secretary, be granted an employment authorization document.
2204.

Determination of continuous presence and residence
(a)

Effect of notice To appear
Any period of continuous physical presence or continuous residence in the United States of an alien who applies for permanent resident status under this division (whether on a conditional basis or without the conditional basis as provided in section 2104(c)(2)) 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 or residence
(1)

In general
Except as provided in paragraphs (2) and (3), an alien shall be considered to have failed to maintain—
(A)
continuous physical presence in the United States under this division 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; and
(B)
continuous residence in the United States under this division if the alien has departed from the United States for any period exceeding 180 days, unless the alien establishes to the satisfaction of the Secretary of Homeland Security that the alien did not in fact abandon residence in the United States during such period.
(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—
(A)
the serious illness of the alien;
(B)
death or serious illness of a parent, grandparent, sibling, or child of the alien;
(C)
processing delays associated with the application process for a visa or other travel document; or
(D)
restrictions on international travel due to the public health emergency declared by the Secretary of Health and Human Services under section 3119 of the Public Health Service Act (42 U.S.C. 247d) with respect to COVID–19.
(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 5 years prior to such removal or departure, the Secretary may, as a matter of discretion, waive the physical presence requirement under section 2102(b)(1)(A) or section 2302(1)(A) 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 2102 or 2302 from outside the United States if they would have been eligible for relief under such section, but for their removal or departure.
2205.

Exemption from numerical limitations
Nothing in this division 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 division (whether on a conditional basis, or without the conditional basis as provided in section 2104(c)(2)).
2206.

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 division 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
Except as provided in subsection (c), and 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 division in an appropriate United States district court.
(c)

Stay of removal
(1)

In general
Except as provided in paragraph (2), an alien seeking administrative or judicial review under this division 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 described in this division. Such removal shall not affect the alien’s right to judicial review under this division. The Secretary shall promptly return a removed alien if a decision to deny an application for adjustment of status under this division, or to revoke such status, is reversed.
2207.

Documentation requirements
(a)

Documents establishing identity
An alien’s application for permanent resident status under this division (whether on a conditional basis, or without the conditional basis as provided in section 2104(c)(2)) 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 entry, continuous physical presence, lack of abandonment of residence
To establish that an alien was 18 years of age or younger on the date on which the alien entered the United States, and has continuously resided in the United States since such entry, as required under section 2102(b)(1)(B), that an alien has been continuously physically present in the United States, as required under section 2102(b)(1)(A), or that an alien has not abandoned residence in the United States, as required under section 2104(a)(1)(B), the alien may submit the following forms of evidence:
(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, or other records demonstrating earned income.
(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 admission to an institution of higher education
To establish that an alien has been admitted to an institution of higher education, the alien may 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.
(d)

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 may submit to the Secretary a diploma or other document from the institution stating that the alien has received such a degree.
(e)

Documents establishing receipt of a high school diploma, general educational development credential, or a recognized equivalent
To establish that in the United States an alien has earned a high school diploma or a commensurate alternative award from a public or private high school, has obtained the General Education Development credential, or otherwise has satisfied section 2102(b)(1)(D)(iii), the alien may submit to the Secretary the following:
(1)
A high school diploma, certificate of completion, or other alternate award.
(2)
A high school equivalency diploma or certificate recognized under State law.
(3)
Evidence that the alien passed a State-authorized exam, including the General Education Development test, in the United States.
(4)
Evidence that the alien successfully completed an area career and technical education program, such as a certification, certificate, or similar alternate award.
(5)
Evidence that the alien obtained a recognized postsecondary credential.
(6)
Any other evidence determined to be credible by the Secretary.
(f)

Documents establishing enrollment in an educational program
To establish that an alien is enrolled in any school or education program described in section 2102(b)(1)(D)(iv) or 2104(a)(1)(C), the alien may 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.
(g)

Documents establishing exemption from application fees
To establish that an alien is exempt from an application fee under this division, the alien may submit to the Secretary the following relevant documents:
(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 18 years of age or younger.
(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 two 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 two 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.
(h)

Documents establishing qualification for hardship exemption
To establish that an alien satisfies one of the criteria for the hardship exemption set forth in section 2104(a)(2)(C), the alien may submit to the Secretary at least two 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.
(i)

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 may 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.
(j)

Documents establishing earned income
(1)

In general
An alien may satisfy the earned income requirement under section 2104(a)(1)(C)(iii) by submitting records that—
(A)
establish compliance with such 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 earned income requirement by submitting at least two types of reliable documents that provide evidence of employment or other forms of earned income, including—
(A)
bank records;
(B)
business records;
(C)
employer or contractor 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;
(F)
remittance records; or
(G)
any other evidence determined to be credible by the Secretary.
(k)

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 division (whether on a conditional basis, or without the conditional basis as provided in section 2104(c)(2)) is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents.
2208.

Confidentiality of information
(a)

In general
The Secretary may not disclose or use information (including information provided during administrative or judicial review) provided in applications filed under this division or in requests for DACA 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 division (including information provided during administrative or judicial review) or an application for DACA, 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 division 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 division;
(2)
to identify or prevent fraudulent claims;
(3)
for national security purposes; or
(4)
for the investigation or prosecution of any felony offense 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.
2209.

Provisions affecting eligibility for adjustment of status
An alien’s eligibility to be lawfully admitted for permanent residence under this division (whether on a conditional basis, or without the conditional basis as provided in section 2104(c)(2)) shall not preclude the alien from seeking any status under any other provision of law for which the alien may otherwise be eligible.
III

Dignity Program
2301.

Establishment
(a)

In general
There is established a program, to be known as the “Dignity Program” under this subtitle, which shall provide for deferred action on removal and the provision of employment and travel authorization in the case of eligible applicants, in accordance with the provisions of this subtitle.
(b)

Abolition of 3- and 10-Year bars
For purposes of this subtitle, section 212(a)(9) of the Immigration and Nationality Act shall not apply for purposes of any person who applies and thereafter participates in the Dignity Program.
(c)

Dignity program identification
The Secretary shall provide proof of participation for individuals in the Dignity Program, in the form of an identification document, that will provide deferred action on removal and authorize employment and travel in accordance with provisions in this title.
2302.

Eligibility
The Secretary of Homeland Security shall approve an application to participate in the Dignity Program from an eligible alien subject to the following:
(1)

Application
The applicant shall submit such information that the Secretary determines sufficient to prove the following:
(A)
That the alien has been continually physically present in the United States since December 31, 2020.
(B)
That the alien is not inadmissible under section 212(a) of the Immigration and Nationality Act (except that paragraph (9) shall not apply for purposes of this section).
(C)
That the alien has included a restitution payment of at least $1,000, to be deposited in the H–1B Nonimmigrant Petitioner Account, which shall be used to support American workers for purposes described in title V of division B of this Act.
(2)

Submission of biometric and biographic data; background checks
(A)

Submission of biometric and biographic data
The Secretary may not approve such an application, 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 participation in the Dignity Program in accordance with paragraph (3). The application for participation in the Dignity Program may not be approved unless security and law enforcement background checks are completed to the satisfaction of the Secretary.
(3)

Grounds of ineligibility
Except as provided in paragraph (2), an alien is ineligible for participation in the Dignity Program if, excluding any offense under State law for which an essential element is the alien’s immigration status, and any minor traffic offense, the alien has been convicted of—
(A)
any felony offense;
(B)
two or more misdemeanor offenses (excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered, any offense involving disorderly conduct without violence, and any offense involving civil disobedience without violence) not occurring on the same date, and not arising out of the same act, omission, or scheme of misconduct; or
(C)
a misdemeanor offense of domestic violence, unless the alien demonstrates that such crime is related to the alien having been—
(i)
a victim of domestic violence, sexual assault, stalking, child abuse or neglect, abuse or neglect in later life, or human trafficking;
(ii)
battered or subjected to extreme cruelty; or
(iii)
a victim of criminal activity described in section 101(a)(15)(U)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)).
(4)

Waivers for certain misdemeanors
For humanitarian purposes, family unity, or if otherwise in the public interest, the Secretary may waive—
(A)
the grounds of inadmissibility under subparagraphs (A), (C), and (D) of section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)); and
(B)
consideration of—
(i)
one misdemeanor offense if the alien has not been convicted of any offense in the 5-year period preceding the date on which the alien applies for the Dignity Program; or
(ii)
up to two misdemeanor offenses if the alien has not been convicted of any offense in the 10-year period preceding the date on which the alien applies for the Dignity Program.
2303.

Registration; departure
(a)

Registration
Any alien approved to participate in the Dignity Program shall—
(1)
register with the Secretary of Homeland Security;
(2)
submit biometric and biographic data to the Secretary; and
(3)
submit a sworn declaration stipulating to presence in the United States without a lawful immigration status, and, as appropriate, unlawful presence, in the United States.
(b)

Departure
Not later than 12 months after the date of the enactment of this Act, any alien present in the United States without lawful status under the immigration laws, or not participating in the programs outlined in division B under this Act shall apply for the Dignity Program or depart the United States.
(c)

Intentional Self-Deportation
Any alien that voluntarily departs the United States not later than 12 months after the date of the enactment of this Act shall not be subject to the provisions of section 212(a)(9) of the Immigration and Nationality Act with respect to—
(1)
any removal ordered under section 235(b)(1) of such Act or at the end of proceedings under section 240 of such Act initiated upon the alien’s arrival in the United States; or
(2)
any removal ordered under section 240 of such Act,
prior to the date of the enactment of this Act.
(d)

Limitation on removal
An alien who appears to be prima facie eligible for status under this subtitle during the 24-month period following the date of enactment of this Act may not be removed or fined based on their immigration status—
(1)
during such period; and
(2)
in the case that the alien applies for status under this subtitle, until a final decision establishing ineligibility for such status is rendered.
(e)

Exception
This section does not apply in the case of any alien with a valid Notice to Appear in immigration court or with a pending determination on their immigration status that is not decided before this date.
2304.

Program participation
(a)

In general
Any applicant who is approved to participate in the Dignity Program shall make an appointment with USCIS who shall issue an order deferring further action for a period of 7 years.
(b)

Conditions
Each participant in the Dignity Program shall conform to the following:
(1)

Report
The participant shall once every two years report to the Secretary of Homeland Security and provide the following information:
(A)
Place of residence.
(B)
Testimony as to good standing within the community.
(2)

Restitution
(A)

In general
The participant shall pay an additional fee of at least $1,000 with each report under paragraph (1), until a total of $7,000 has been paid, to be deposited in the H–1B Nonimmigrant Petitioner Account, which shall be used to support American workers for purposes described in title IV of division B.
(B)

Exceptions in the case of temporary protected status holders
Subparagraph (A) shall not apply to any individual who had temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a) prior to the passage of this Act.
(3)

Lawful conduct
The participant shall comply with all Federal and State laws.
(4)

Employment
The participant shall remain, for a period of not less than 4 years during their participation in the Dignity Program, employed (including self-employment and serving as a caregiver) or enrolled in a course of study at an institute of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), or an area career and technical education school, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). The Secretary may waive the application of this paragraph in the case of any alien with dependents under the age of 12, any alien the Secretary determines would be unable to reasonably comply by reason of a disability or other impediment, or anyone above 65 years of age.
(5)

Taxes
In the case of any Federal income tax liability of the participant which was assessed during the 10-year period ending on the date such participant was approved for participation in the Dignity Program, the participant shall pay such liability not later than the close of the 7-year period beginning on such date.
(6)

Support dependents
The participant shall support any dependents including by providing food, shelter, clothing, education, and covering basic medical needs.
(7)

Medical costs
(A)

In general
The participant shall be enrolled under qualifying health coverage.
(B)

Definition
For purposes of this paragraph, the term qualifying health coverage means, with respect to the participant, the higher of the following levels of coverage applicable to such alien:
(i)
At a minimum, catastrophic health insurance coverage that provides coverage of such individual with respect to at least the State of employment and State of residence of the alien.
(ii)
In the case of an alien whose State of residence or State of employment requires such an alien to maintain coverage under health insurance, such health insurance.
(8)

Public benefits
Beginning on the date of participation in the Dignity Program, the participant shall not avail himself or herself of any Federal means-tested benefits or entitlement programs. For purposes of this paragraph, any benefits received by a child or dependent that is a United States citizen living in the same household shall not be taken into account.
(9)

Levy
In addition to other taxes, there is hereby imposed on the income of every Dignity Program participant a tax equal to 1 percent of the adjusted gross income (as defined in section 3121(a) of the Internal Revenue Code of 1986) received by the individual with respect to employment (as defined in section 3121(b) the Internal Revenue Code of 1986). The participant shall comply with the requirements of section 9512 of the Internal Revenue Code of 1986. Any tax collected under this paragraph shall be deposited in the Immigration Infrastructure and Debt Reduction Fund established in section 1204.
(10)

Exemption from certain payroll taxes
A participant shall not be liable for any tax under section 3101 or 3102 of the Internal Revenue Code of 1986.
(11)

Limitations in the case of minors
With respect to any participant in the Dignity Program who is under 18 years of age at the time of application—
(A)
subsection (b)(2) shall be waived; or
(B)
for any participant that turns 18 years of age during participation in the Dignity Program, the 4-year requirement in subsection (b)(2) shall be adjusted to an amount which is equal to 4/7 of the time remaining in the 7 years required for completion of the Dignity Program at the time the participant turns 18.
(c)

Authorizing participants approved To participate in the Dignity Program To enlist in the Armed Forces
(1)

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 participating in the Dignity Program or holds the Dignity Status.”.
(2)

Waiver
Under this provision, for any individual in the Dignity Program that enlists in the Armed Forces, the conditions outlined in subsection (b) shall be waived during their service.
(3)

Completion of term of enlistment
Upon completion of a term of enlistment, the requirements of the Dignity Program shall be satisfied for that individual, and that individual shall be eligible to adjust to lawful permanent resident status through the Armed Forces.
(d)

Violations
If a participant violates a condition under subsection (b), the Secretary may at the Secretary’s discretion, waive enforcement of minor violations including late fees, take extenuating circumstances into effect, or consider factors of undue hardship, but in all other cases, the Secretary shall initiate removal proceedings pursuant to section 1229a of title 8, United States Code. In such proceedings, the immigration judge may make a determination as to whether to order removal or to issue an order modifying the conditions of that participant’s participation in the Dignity Program.
2305.

Completion
(a)

In general
Upon satisfying the conditions set forth in subsection (b) and thereby successfully completing the Dignity Program, the participant shall be granted Dignity status under this program.
(b)

Completion
The conditions set forth in this subsection for successful completion of the Dignity Program are as follows:
(1)
Compliance with all requirements of subsection (b)(1).
(2)
Compliance with all requirements of subsection (b)(2).
(3)
Compliance with the requirement of subsection (b)(3) for the entire period of the participation in the Dignity Program, excepting any violations waived or modified pursuant to section 2304(d) of this Act and any violations deemed de minimis by the Secretary.
(c)

Dignity status
The status under this section—
(1)
shall be valid for a period of 7 years;
(2)
may be renewed any number of times; and
(3)
shall provide the alien with—
(A)
lawful status as a nonimmigrant;
(B)
authorization for employment; and
(C)
the ability to reenter the United States any number of times.
(d)

Travel and work documents
The Secretary shall provide proof of Dignity Status, in the form of an identification document, that will allow individuals to work in the United States and travel abroad and be admitted to the United States upon return, if otherwise admissible.
(e)

Clarification
For purposes of adjustment of status under section 1255 of title 8, United States Code, and change of status under section 1258 of title 8, United States Code, the alien shall be considered as having been inspected and admitted into the United States.
(f)

Public benefits
Beginning on the date of receiving the Dignity Status, the beneficiary shall not avail himself or herself of any Federal means-tested benefits or entitlement programs. For purposes of this subsection, any benefits received by a child or dependent that is a United States citizen living in the same household shall not be taken into account.
(g)

Termination
Dignity Status may only be terminated by the Secretary following the issuance of a final order of removal, except that such status shall be restored following the grant of a motion to reopen pursuant to section 1229a(c)(7) of title 8, United States Code, a successful appeal, or a grant of withholding of removal pursuant to section 1231(b)(3) of title 8, United States Code.
IV

Contribution to American Workers
2401.

Purpose
This title shall direct restitution payments from the Dignity program to be disbursed to American workers through promoting apprenticeships and other work-based learning programs for small- and medium-sized businesses within in-demand industry sectors, through the establishment and support of industry or sector partnerships.
2402.

Availability of funds
From funds paid by restitution under title III of division B of the Dignity for Immigrants while Guarding our Nation to Ignite and Deliver the American Dream Act and available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)), the Secretary shall carry out this Act.
2403.

Conforming amendments
(a)

American competitiveness and workforce improvement act of 1998
Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 2916a) is repealed.
(b)

Immigration and nationality act
Section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) is amended to read as follows:
“(2)

Use of fees for work-based learning programs
90 percent of amounts deposited into the H–1B Nonimmigrant Petitioner Account pursuant to the Dignity for Immigrants while Guarding our Nation to Ignite and Deliver the American Dream Act shall remain available to the Secretary of Labor until expended to carry out the Dignity for Immigrants while Guarding our Nation to Ignite and Deliver the American Dream Act.”.
2404.

Definitions
In this Act:
(1)

Eligible partnership
The term eligible partnership means an industry or sector partnership as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102) that submits and obtains approval of an application consistent with section 5(c).
(2)

In-demand industry sector
The term in-demand industry sector means a sector described in subparagraphs (A)(i) and (B) of section 3(23) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(23)).
(3)

Local or regional
The term local or regional, used with respect to an entity, means that the entity provides services in, respectively, a local area or region.
(4)

Workforce terms
The terms Governor, individual with a barrier to employment, industry or sector partnership, local area, local board, State board, outlying area, recognized postsecondary credential, region, State, and supportive services, used with respect to activities supported under this Act, have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(5)

Secretary
The term Secretary means the Secretary of Labor.
2405.

Allotments to States
(a)

Reservation
Of the amounts available for this Act under section 4, the Secretary may reserve—
(1)
not more than 5 percent of those amounts for the costs of technical assistance and Federal administration of this Act;
(2)
not more than 2 percent of those amounts for the costs of evaluations conducted under section 8(b); and
(3)
not more than 1⁄4 of 1 percent of such amounts to provide assistance to the outlying areas.
(b)

Allotments
(1)

In general
Of the amounts available for this Act under section 4 that remain after the Secretary makes the reservations under subsection (a), the Secretary shall, for the purpose of supporting (which may include assistance in establishing expanded) local or regional eligible partnerships to support work-based learning programs under this Act, make allotments to eligible States in accordance with clauses (ii) through (v) of section 132(b)(1)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3162(b)(1)(C)), subject to paragraph (2).
(2)

Application
For purposes of applying the clauses described in paragraph (1), under paragraph (1), the Secretary—
(A)
shall not apply subclauses (I) and (III) of clause (iv) with respect to the first fiscal year after the date of enactment of this Act;
(B)
shall apply clause (iv)(II) by substituting “0.5 percent of the remaining amounts described in paragraph (1)” for the total described in that clause;
(C)
shall not apply clause (iv)(IV);
(D)
shall apply clause (v)(II) by substituting the term allotment percentage, used with respect to the second full fiscal year after the date of enactment of this Act, or a subsequent fiscal year, means a percentage of the remaining amounts described in paragraph (1) that is received through an allotment made under this subsection for the fiscal year for the two sentences in that clause; and
(E)
shall apply clause (v)(III) by substituting “a work-based learning program carried out under this Act” for “a program of workforce investment activities carried out under this subtitle”.
(3)

Use of unallotted funds
If a State fails to meet the requirements for an allotment under this subsection, the Secretary may allot funds that are not allotted under paragraphs (1) and (2) to eligible States under a formula based on the formula specified in section 132(c) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3173(c)).
(4)

Definition
In this subsection, the term eligible State means a State that meets the requirements of section 102 or 103 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3112, 3113) and subsection (c).
(c)

State eligibility
To be eligible to receive an allotment under subsection (b), a State, in consultation with State boards and local boards, shall submit an application to the Secretary, at such time, in such manner, and containing a description of the activities to be carried out with the grant funds. At a minimum, the application shall include information on—
(1)
the local or regional industry or sector partnerships that will be supported, including the lead partners for the partnerships, and how the partnerships will work to engage small- and medium-sized businesses, as applicable, in the activities of the partnerships;
(2)
the in-demand industry sectors that will be served, including how such industry sectors were identified, and how the activities of the partnerships will align with State, regional, and local plans as required under title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.);
(3)
the apprenticeship programs or other work-based learning programs to be supported though the partnerships;
(4)
the populations that will receive services, including individuals with barriers to employment and populations that were historically underrepresented in the industry sectors to be served through the partnerships;
(5)
the services, including business engagement, classroom instruction, and support services (including at least 6 months of post-employment support services), that will be supported through the grant funds;
(6)
the recognized postsecondary credentials that workers will obtain through participation in the program and the quality of the program that leads to the credentials;
(7)
levels of performance to be achieved on the performance indicators described in section 8, to measure progress towards expanding work-based learning programs;
(8)
how local or regional partnerships will leverage additional resources, including funding provided under title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.) and non-Federal resources, to support the activities carried out under this Act; and
(9)
such other subjects as the Secretary may require.
(d)

Review of applications
The Secretary shall review applications submitted under subsection (c) in consultation with the Secretary of Education and the Secretary of Health and Human Services.
2406.

Grants to partnerships
(a)

Grants
(1)

In general
The Governor of a State that receives an allotment under section 5 shall use the funds made available through the allotment and not reserved under subsection (d) to award grants to eligible partnerships. The Governor shall award the grants for the purpose of assisting (which may include establishing or expanding) local or regional industry or sector partnerships that are identified in the application submitted under section 5(c), to carry out activities described in section 7.
(2)

Period of grant
A State may make a grant under this section for a period of 3 years.
(3)

Availability of funds
The Governor of a State that receives an allotment under section 5 for a fiscal year may use the funds made available through the allotment during that year or the 2 subsequent fiscal years.
(b)

Eligibility
To be eligible to receive a grant under this section, an industry or sector partnership described in subsection (a)(1) shall—
(1)
submit an application to the State at such time, in such manner, and containing such information as the State may require; and
(2)
designate a partner in the industry or sector partnership, to serve as the fiscal agent for purposes of the grant.
(c)

Awards of grants
(1)

Participation in multiple eligible partnerships
Subject to paragraph (2), a State may award grants under this section in a way that results in an entity being represented in more than one partnership that receives such a grant.
(2)

Geographic diversity
In making the grants, a State shall ensure that there is geographic diversity in the areas in which activities will be carried out under the grants.
(d)

Administration
The State may reserve not more than 5 percent of the amount of an allotment under section 5 for the administration of the grants awarded under this section.
2407.

Use of funds
(a)

In general
An eligible partnership that receives a grant under section 6 shall use the grant funds to support apprenticeships or other work-based learning programs. The eligible partnership shall use the grant funds to support the activities described in subsections (b) and (c) and such other strategies as may be necessary to support the development and implementation of work-based learning programs, and participant retention in and completion of those programs. The partnership may use the grant funds to establish or expand eligible partnerships.
(b)

Business engagement
The eligible partnership shall use grant funds to provide services to engage businesses in work-based learning programs, which may include assisting a small- or medium-sized business with—
(1)
the navigation of the registration process for a sponsor of an apprenticeship program;
(2)
the connection of the business with an education provider to develop classroom instruction to complement on-the-job learning;
(3)
the development of a curriculum for a work-based learning program;
(4)
the employment of workers in a work-based learning program for a transitional period before the business hires an individual for continuing employment;
(5)
the provision of training to managers and frontline workers to serve as trainers or mentors to workers in the work-based learning program;
(6)
the provision of career awareness activities; and
(7)
the recruitment of individuals to participate in a work-based learning program from individuals receiving additional workforce and human services, including—
(A)
workers in programs under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.);
(B)
recipients of assistance through the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); and
(C)
recipients of assistance through the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.).
(c)

Support services for workers
(1)

In general
The eligible partnership shall use grant funds to provide support services for workers to ensure their success in work-based learning programs, which may include—
(A)
connection of individuals with adult basic education during pre-work-based learning or training, and during the period of employment;
(B)
connection of individuals with pre-work-based learning or training, including through a pre-apprenticeship program;
(C)
provision of additional mentorship and retention supports for individuals pre-work-based learning or training, and during the period of employment;
(D)
provision of tools, work attire, and other required items necessary to start employment pre-work-based learning or training, and during the period of employment; and
(E)
provision of transportation, childcare services, or other support services pre-work-based learning or training, and during the period of employment.
(2)

Length of services
Each eligible partnership shall provide support services for workers for not less than 12 months after the date of placement of an individual in a work-based learning program. That 12-month period shall include a period of pre-work-based learning or training, a transitional period of employment as described in subsection (b)(4), and a period of continuing employment.
2408.

Performance and accountability
(a)

Local reports
Not later than 1 year after receiving a grant under section 6, and annually thereafter, each eligible partnership in a State shall conduct an evaluation and submit to the State a local report containing information on—
(1)
levels of performance achieved by the eligible partnership with respect to the performance indicators under section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A))—
(A)
for all workers in the work-based learning program involved; and
(B)
for all such workers, disaggregated by each population specified in section 3(24) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)) and by race, ethnicity, sex, and age; and
(2)
levels of performance achieved by the eligible partnership with respect to the performance indicators under that section 116(b)(2)(A)—
(A)
for individuals with barriers to employment in the work-based learning program involved; and
(B)
for all such individuals, disaggregated by each population specified in section 3(24) of the Workforce Innovation and Opportunity Act and by race, ethnicity, sex, and age.
(b)

State reports
Not later than 24 months after receiving initial local reports under subsection (a) (but in no case less than 18 months after the corresponding grants are awarded) and annually thereafter, the State shall conduct an evaluation and submit a report to the Secretary containing—
(1)
the information provided by the eligible partnerships through the local reports; and
(2)
the State level of performance, aggregated across all eligible partnerships, with respect to the performance indicators described in subsection (a).
2409.

Grants for access to high-demand careers
(a)

Purpose
The purpose of this section is to expand student access to, and participation in, new industry-led earn-and-learn programs leading to high-wage, high-skill, and high-demand careers.
(b)

Authorization of apprenticeship grant program
(1)

In general
From the amounts provided under this title, the Secretary shall award grants, on a competitive basis, to eligible partnerships for the purpose described in subsection (a).
(2)

Duration
The Secretary shall award grants under this section for a period of—
(A)
not less than 1 year; and
(B)
not more than 4 years.
(3)

Limitations
(A)

Number of awards
An eligible partnership or member of such partnership may not be awarded more than one grant under this section.
(B)

Administration costs
An eligible partnership awarded a grant under this section may not use more than 5 percent of the grant funds to pay administrative costs associated with activities funded by the grant.
(c)

Matching funds
To receive a grant under this section, an eligible partnership shall, through cash or in-kind contributions, provide matching funds from non-Federal sources in an amount equal to or greater than 50 percent of the amount of such grant.
(d)

Applications
To receive a grant under this section, an eligible partnership shall submit to the Secretary at such a time as the Secretary may require, an application that—
(1)
identifies and designates the business or institution of higher education responsible for the administration and supervision of the earn-and-learn program for which such grant funds would be used;
(2)
identifies the businesses and institutions of higher education that comprise the eligible partnership;
(3)
identifies the source and amount of the matching funds required under subsection (c);
(4)
identifies the number of students who will participate and complete the relevant earn-and-learn program within 1 year of the expiration of the grant;
(5)
identifies the amount of time, not to exceed 2 years, required for students to complete the program;
(6)
identifies the relevant recognized postsecondary credential to be awarded to students who complete the program; and
(7)
identifies the anticipated earnings of students—
(A)
1 year after program completion;
(B)
3 years after program completion;
(C)
describes the specific project for which the application is submitted, including a summary of the relevant classroom and paid structured on-the-job training students will receive;
(D)
describes how the eligible partnership will finance the program after the end of the grant period;
(E)
describes how the eligible partnership will support the collection of information and data for purposes of the program evaluation required under subsection (e); and
(F)
describes the alignment of the program with State-identified in-demand industry sectors.
(e)

Evaluation
(1)

In general
From the amounts provided under this title, the Secretary shall provide for the independent evaluation of the grant program established under this section that includes the following:
(A)
The number of eligible individuals who participated in programs assisted under this section.
(B)
The percentage of program participants who are in unsubsidized employment during the second quarter after exit from the program.
(C)
The percentage of program participants who are in unsubsidized employment during the fourth quarter after exit from the program.
(D)
The median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program.
(E)
The percentage of program participants who obtain a recognized postsecondary credential during participation in the program.
(2)

Publication
The evaluation required by this subsection shall be made publicly available on the website of the Department.
(f)

Definitions
In this section:
(1)

Earn-and-learn program
The term earn-and-learn program means an education program, including an apprenticeship program, that provides students with structured, sustained, and paid on-the-job training and accompanying, for credit, classroom instruction that—
(A)
is for a period of between 3 months and 2 years; and
(B)
leads to, on completion of the program, a recognized postsecondary credential.
(2)

Eligible partnership
The term eligible partnership shall mean a consortium that includes—
(A)
1 or more businesses; and
(B)
1 or more institutions of higher education.
(3)

In-demand industry sector or occupation
The term in-demand industry sector or occupation has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(4)

On-the-job training
The term on-the-job training has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(5)

Recognized postsecondary credential
The term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
C

American Prosperity and Competitiveness
3101.

Short title
This division may be cited as the “American Prosperity and Competitiveness Act”.
I

American Families United
3111.

Rule of construction
Nothing in sections 3112 and 3113 of this title, the American Families United Act, shall be construed—
(1)
to provide the Secretary of Homeland Security or the Attorney General with the ability to exercise the discretionary authority provided in this division, or by an amendment made by this division, except on a case-by-case basis; or
(2)
to otherwise modify or limit the discretionary authority of the Secretary of Homeland Security or the Attorney General under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))).
3112.

Discretionary authority with respect to family members of United States citizens
(a)

Applications for relief from removal
Section 240(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(4)) is amended by adding at the end the following:
“(D)

Judicial discretion
(i)

In general
In the case of an alien who is the spouse or child of a citizen of the United States, the Attorney General may subject to clause (ii)—
(I)
terminate any removal proceedings against the alien;
(II)
decline to order the alien removed from the United States;
(III)
grant the alien permission to reapply for admission to the United States; or
(IV)
subject to clause (iii), waive the application of one or more grounds of inadmissibility or deportability in connection with any request for relief from removal.
(ii)

Limitation on discretion
(I)

In general
The Attorney General may exercise the discretion described in clause (i) if the Attorney General determines that removal of the alien or the denial of a request for relief from removal would result in hardship to the alien’s United States citizen spouse, parent, or child. There shall be a presumption that family separation constitutes hardship.
(II)

Widow and surviving child of deceased united states citizen
In the case of the death of a citizen of the United States, the Attorney General may exercise discretion described in clause (i) with respect to an alien who was a child of such citizen, or was the spouse of such citizen and was not legally separated from such citizen on the date of the citizen’s death, if—
- (aa)
the Attorney General determines that removal of the child or spouse or the denial of a requested benefit would result in hardship to the child or spouse; and
- (bb)
the child or spouse seeks relief requiring such discretion not later than two years after the date of the citizen’s death or demonstrates to the satisfaction of the Attorney General the existence of extraordinary circumstances that prevented the spouse or child from seeking relief within such period.
(iii)

Exclusions
This subparagraph shall not apply to an alien whom the Attorney General determines—
(I)
is inadmissible under—
- (aa)
paragraph (2) or (3) of section 212(a); or
- (bb)
subparagraph (A), (C), or (D) of section 212(a)(10); or
(II)
is deportable under paragraph (2), (4), or (6) of section 237(a).”.
(b)

Secretary’s discretion
Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended—
(1)
by redesignating the second subsection (t) as subsection (u); and
(2)
by adding at the end the following:
“(u)

Secretary’s discretion
(1)

In general
In the case of an alien who is the spouse or child of a citizen of the United States, the Secretary of Homeland Security may, subject to paragraph (2)—
(A)
waive the application of one or more grounds of inadmissibility or deportability in connection with an application for an immigration benefit or request for relief from removal;
(B)
decline to issue a notice to appear or other charging document requiring such an alien to appear for removal proceedings;
(C)
decline to reinstate an order of removal under section 241(a)(5); or
(D)
grant such alien permission to reapply for admission to the United States or any other application for an immigration benefit.
(2)

Limitation on discretion
(A)

In general
The Secretary of Homeland Security may exercise discretion described in paragraph (1) if the Secretary determines that removal of the alien or the denial of a requested benefit would result in hardship to the alien’s United States citizen spouse, parent, or child. There shall be a presumption that family separation constitutes hardship.
(B)

Widow and orphan of deceased united states citizen
In the case of the death of a citizen of the United States, the Secretary of Homeland Security may exercise discretion described in paragraph (1) with respect to an alien who was a child of such citizen, or was the spouse of such citizen and was not legally separated from such citizen on the date of the citizen’s death, if—
(i)
the Secretary determines that the denial of a requested benefit would result in hardship to the child or spouse; and
(ii)
the child or spouse seeks relief requiring such discretion not later than two years after the date of the citizen’s death or demonstrates to the satisfaction of the Secretary the existence of extraordinary circumstances that prevented the spouse or child from seeking relief within such period.
(3)

Exclusions
This subsection shall not apply to an alien whom the Secretary determines—
(A)
is inadmissible under—
(i)
paragraph (2) or (3) of subsections (a); or
(ii)
subparagraphs (A), (C), or (D) of subsection (a)(10); or
(B)
is deportable under paragraphs (2), (4), or (6) of section 237(a).”.
(c)

Nationality at birth and collective naturalization
Section 301(g) of the Immigration and Nationality Act (8 U.S.C. 1401(g)) is amended by striking “for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years”.
3113.

Motions to reopen or reconsider
(a)

In general
A motion to reopen or reconsider the denial of a petition or application or an order of removal for an alien may be granted if such petition, application, or order would have been adjudicated in favor of the alien had this division, or an amendment made by this division, been in effect at the time of such denial or order.
(b)

Filing requirement
A motion under subsection (a) shall be filed no later than the date that is 2 years after the date of the enactment of this division, unless the alien demonstrates to the satisfaction of the Secretary of Homeland Security or Attorney General, as appropriate, the existence of extraordinary circumstances that prevented the alien from filing within such period.
3114.

Temporary family visitation
(a)

Establishment of new nonimmigrant visa category
Section 101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(B)) is amended by striking “and who is visiting the United States temporarily for business or temporarily for pleasure;” and inserting
“and who is visiting the United States temporarily for—
(i)
business;
(ii)
pleasure; or
(iii)
family purposes;”.
(b)

Requirements applicable to family purpose visas
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following:
“(s)

Requirements applicable to family purpose visas
(1)

Definitions
In this subsection and section 101(a)(15)(B)(iii):
(A)

Family purposes
The term family purposes means any visit by a relative for a social, occasional, or any other purpose.
(B)

Relative
The term relative means the spouse, child, son, daughter, grandchild, parent, grandparent, sibling, uncle, aunt, niece, and nephew of a citizen of the United States or an alien lawfully admitted for permanent residence.
(2)

Requirement
A relative seeking admission pursuant to a visa issued under section 101(a)(15)(B)(iii) is inadmissible unless—
(A)
the individual petitioning for such admission, or an additional sponsor, has submitted to the Secretary of Homeland Security an undertaking under section 213 in the form of a declaration of support (Form I–134); and
(B)
such relative has obtained, for the duration of his or her stay in the United States, a health insurance policy (such as an additional travel health insurance policy or an existing health insurance policy that includes travel health care costs) with minimum policy requirements, as determined by the Secretary.
(3)

Period of authorized admission
The period of authorized admission for a nonimmigrant described in section 101(a)(15)(B)(iii) shall not exceed 90 days.
(4)

Petitioner requirement
(A)

In general
An individual may not petition for the admission of a relative as a nonimmigrant described in section 101(a)(15)(B)(iii) if the individual previously petitioned for the admission of such a relative who—
(i)
was admitted to the United States pursuant to a visa issued under that section as a result; and
(ii)
overstayed his or her period of authorized admission.
(B)

Previous petitioners
An individual petitioning for the admission of a relative as a nonimmigrant described in section 101(a)(15)(B)(iii) who has previously petitioned for such a relative shall submit to the Secretary of Homeland Security evidence demonstrating that the relative on behalf of whom the individual previously petitioned did not overstay his or her period of authorized admission.”.
(c)

Restriction on change of status
Section 248(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1258(a)(1)) is amended to read as follows:
“(1)
an alien classified as a nonimmigrant under subparagraph (B)(iii), (C), (D), (K), or (S) of section 101(a)(15),”.
(d)

Family purpose visa eligibility while awaiting immigrant visa
Notwithstanding section 214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)), a nonimmigrant described in section 101(a)(15)(B)(iii) of that Act who has been classified as an immigrant under section 201 of that Act (8 U.S.C. 1151) and is awaiting the availability of an immigrant visa subject to the numerical limitations under section 203 of that Act (8 U.S.C. 1153) may be admitted pursuant to a family purpose visa, in accordance with section 214(s) of that Act, if the individual is otherwise eligible for admission.
3115.

Military Naturalization Modernization
(a)

In general
Chapter 2 of title III of the Immigration and Nationality Act (8 U.S.C. 1421 et seq.) is amended—
(1)
by striking section 328 (8 U.S.C. 1439); and
(2)
in section 329 (8 U.S.C. 1440)—
(A)
by amending the section heading to read as follows: “Naturalizing through service in the Selected Reserve or in active-duty status”;
(B)
in subsection (a)—
(i)
in the matter preceding paragraph (1), by striking “during either” and all that follows through “foreign force”;
(ii)
in paragraph (1)—
(I)
by striking “America Samoa, or Swains Island” and inserting “American Samoa, Swains Island, or any of the freely associated States (as defined in section 611(b)(1)(C) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(b)(1)(C))),”; and
(II)
by striking “he” and inserting “such person”; and
(iii)
in paragraph (2), by striking “in an active-duty status, and whether separation from such service was under honorable conditions” and inserting “in accordance with subsection (b)(3)”; and
(C)
in subsection (b)—
(i)
in paragraph (1), by striking “he” and inserting “such person”; and
(ii)
in paragraph (3), by striking “an active-duty status” and all that follows through “foreign force, and” and inserting “in an active status (as defined in section 101(d) of title 10, United States Code), in the Selected Reserve of the Ready Reserve, or on active duty (as defined in such section) and, if separated”.
(b)

Clerical amendment
The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by striking the items relating to sections 328 and 329 and inserting the following:
“Sec. 329. Naturalization through service in the Selected Reserve or in active-duty status.”.
II

Fairness for Legal Immigrants
3201.

Reduction of backlogs
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
“(F)
Aliens—
(i)
who are beneficiaries (including derivative beneficiaries) of an approved immigrant visa petition bearing a priority date that is more than 10 years before the alien submits an application for an immigrant visa or for adjustment of status; and
(ii)
who deposit a premium processing fee of $20,000 into the Immigration Infrastructure and Debt Reduction Fund established in section 9512 of title 26, United States Code.
(G)
Aliens who are beneficiaries (including derivative beneficiaries) of an approved immigrant visa petition bearing a priority date that is more than 10 years before the alien submits an application for an immigrant visa or for adjustment of status, subject to the following:
(i)
In each of the fiscal years 2026 through and including 2035, the Secretary shall allocate to aliens described in subparagraph (G) a number of immigrant visas in an amount that is sufficient to ensure that by the end of fiscal year 2035 there are no aliens described in subparagraph (G).”.
3202.

Per-country caps raised
Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended by striking “7 percent” and inserting “15 percent”.
3203.

Protecting the status of children affected by delays in visa availability
(a)

Requirements
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)), as amended by section 3201, is further amended by adding at the end the following:
“(H)
Any alien who—
(i)
is not inadmissible under section 212(a) or deportable under section 237(a);
(ii)
was lawfully present in the United States as a dependent child of a nonimmigrant admitted to engage in employment in the United States (other than a nonimmigrant described in subparagraph (A), (G), (N), or (S) of section 101(a)(15)) for an aggregate period of not less than 8 years;
(iii)
on the date on which an application under section 204(a)(1)(M) is submitted, has been lawfully present in the United States for an aggregate period of not less than 10 years; and
(iv)
has graduated from an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a))) in the United States.”.
(b)

Petition
Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended by adding at the end the following:
“(M)
Any alien entitled to classification under section 201(b)(1)(F) may file a petition with the Secretary of Homeland Security for such classification.”.
(c)

Age-Out protections
(1)

In general
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended—
(A)
in section 101(b) (8 U.S.C. 1101(b)), by adding at the end the following:
“(6)

Determination of child status
A determination as to whether an alien is a child shall be made as follows:
(A)

In general
For purposes of a petition under section 204 and any subsequent application for an immigrant visa or adjustment of status, such determination shall be made using the age of the alien on the earlier of—
(i)
the date on which the petition is filed with the Secretary of Homeland Security; or
(ii)
the date on which an application for a labor certification under section 212(a)(5)(A)(i) is filed with the Secretary of Labor.
(B)

Certain dependents of nonimmigrants
With respect to an alien who, for an aggregate period of 8 years before attaining the age of 21, was in the status of a dependent child of a nonimmigrant pursuant to a lawful admission as an alien eligible to be employed in the United States (other than a nonimmigrant described in subparagraph (A), (G), (N), or (S) of section 101(a)(15)), notwithstanding clause (i), the determination of the alien’s age shall be based on the date on which such initial nonimmigrant employment-based petition or application was filed by the alien’s nonimmigrant parent.
(C)

Failure to acquire status as alien lawfully admitted for permanent residence
With respect to an alien who has not sought to acquire status as an alien lawfully admitted for permanent residence during the 2 years beginning on the date on which an immigrant visa becomes available to such alien, the alien’s age shall be determined based on the alien’s biological age, unless the failure to seek to acquire such status was due to extraordinary circumstances.”; and
(B)
in section 201(f) (8 U.S.C. 1151)—
(i)
by striking the subsection heading and all that follows until “termination date” in paragraph (3) and inserting “Rule For Determining Whether Certain Aliens Are Immediate Relatives.—”; and
(ii)
by striking paragraph (4).
(2)

Effective date
(A)

In general
The amendments made by this subsection shall be effective as if included in the Child Status Protection Act (Public Law 107–208; 116 Stat. 927).
(B)

Motion to reopen or reconsider
(i)

In general
A motion to reopen or reconsider the denial of a petition or application described in the amendment made by paragraph (1)(A) may be granted if—
(I)
such petition or application would have been approved if the amendment described in such paragraph had been in effect at the time of adjudication of the petition or application;
(II)
the individual seeking relief pursuant to such motion was in the United States at the time the underlying petition or application was filed; and
(III)
such motion is filed with the Secretary of Homeland Security or the Attorney General not later than the date that is 2 years after the date of the enactment of this Act.
(ii)

Exemption from numerical limitations
Notwithstanding any other provision of law, an individual granted relief pursuant to a motion to reopen or reconsider under clause (i) shall be exempt from the numerical limitations in sections 201, 202, and 203 of the Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 1153).
(d)

Nonimmigrant dependent children
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following:
“(s)

Derivative beneficiaries
(1)

In general
Except as described in paragraph (2), the determination as to whether an alien who is the derivative beneficiary of a properly filed pending or approved immigrant petition under section 204 is eligible to be a dependent child shall be based on whether the alien is determined to be a child under section 101(b)(6).
(2)

Long-term dependents
If otherwise eligible, an alien who is determined to be a child pursuant to section 101(b)(6)(B) may change status to, or extend status as, a dependent child of a nonimmigrant with an approved employment-based petition under this section or an approved application under section 101(a)(15)(E), notwithstanding such alien’s marital status.
(3)

Employment authorization
An alien admitted to the United States as a dependent child of a nonimmigrant who is described in this section is authorized to engage in employment in the United States incident to status.”.
(e)

Priority date retention
Section 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended—
(1)
by striking the subsection heading and inserting “Retention Of Priority Dates”;
(2)
by striking paragraphs (1) through (4);
(3)
by redesignating paragraph (5) as paragraph (3); and
(4)
by inserting before paragraph (3) the following:
“(1)

In general
The priority date for an individual shall be the date on which a petition under section 204 is filed with the Secretary of Homeland Security or the Secretary of State, as applicable, unless such petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case the date on which the labor certification is filed shall be the priority date.
(2)

Applicability
The principal beneficiary and all derivative beneficiaries shall retain the priority date associated with the earliest of any approved petition or labor certification, and such priority date shall be applicable to any subsequently approved petition.”.
III

Employment and Student Visas
3301.

Spouses and minor children of workers
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)), as amended by this division, is further amended by adding at the end the following:
“(I)
Aliens described in section 203(d) if accompanying or following to join their spouse or parent who has been admitted for lawful permanent resident status under section 203(b).”.
3302.

Wages received by nonresident alien individuals during optional practical training subject to social security taxes
(a)

In general
Section 3121(b)(19) of the Internal Revenue Code of 1986 is amended by inserting “(other than any period in which such individual performs service pursuant to optional practical training)” after “as amended”.
(b)

Effective date
The amendment made by this section shall apply to services performed in calendar quarters beginning after the date of the enactment of this division.
3303.

Individuals with doctoral degrees in STEM fields recognized as individuals having extraordinary ability
Section 101(a)(15)(O)(i) of the Immigration and Nationality Act (INA) is amended by inserting after “extensive documentation” the following: “or, with regard to a field of science, technology, engineering, or mathematics, has earned a doctoral degree in at least one of such fields, or in a health profession, from an institution of higher education in the United States (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)))”.
3304.

Modernizing Visas for Students
(a)

Modification of Student Nonimmigrant Visa Category
Section 101(a)(15)(F)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) is amended—
(1)
by striking “having a residence in a foreign country which he has no intention of abandoning,”;
(2)
by striking “and solely”; and
(3)
by striking “Attorney General” each place it appears and inserting “Secretary of Homeland Security”.
(b)

Dual intent
Section 214(h) of the Immigration and Nationality Act (8 U.S.C. 1184(h)) is amended to read as follows:
“(h)

Dual intent
The fact that an alien is, or intends to be, the beneficiary of an application for a preference status filed under section 204, seeks a change or adjustment of status after completing a legitimate period of nonimmigrant stay, or has otherwise sought permanent residence in the United States shall not constitute evidence of intent to abandon a foreign residence that would preclude the alien from obtaining or maintaining—
(1)
a visa or admission as a nonimmigrant described in subparagraph (E), (F)(i), (F)(ii), (H)(i)(b), (H)(i)(c), (L), (O), (P), (R), or (V) of section 101(a)(15); or
(2)
the status of a nonimmigrant described in any such subparagraph.”.
3305.

Resources for Visa Processing
(a)

Coordinator
The Secretary of State, Secretary of Labor, and Secretary of Homeland Security shall jointly appoint an Immigration Agency Coordinator to oversee the immigration functions at United States Citizenship and Immigration Services, the Department of Labor, and the Department of State.
(b)

Duties
It shall be the duty of the Immigration Agency Coordinator—
(1)
to provide recommendations to harmonize agency efforts with respect to filing and processing of immigration petitions, visas, and labor certifications; and
(2)
to work to ensure filing and processing information from each agency is available to the other agencies.
(c)

Authorization of appropriations
There is authorized to be appropriated for fiscal year 2026—
(1)
$2,560,000,000 to the Operations and Support Account at United States Citizenship and Immigration Services;
(2)
$825,000,000 to the Bureau of Consular Affairs and Visa Service at the Department of State; and
(3)
$225,000,000 to the Office of Foreign Labor Certification at the U.S. Department of Labor.