[Congressional Record Volume 153, Number 158 (Thursday, October 18, 2007)]
[Senate]
[Pages S13091-S13099]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Hagel, and Mr. Lugar):
  S. 2205. A bill to authorize the cancellation of removal and 
adjustment of status of certain alien students who are long-term United 
States residents and who entered the United States as children, and for 
other purposes; read the first time.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                S. 2205

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Development, Relief, and 
     Education for Alien Minors Act of 2007'' or the ``DREAM Act 
     of 2007''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     that term in section 101 of the Higher Education Act of 1965 
     (20 U.S.C. 1001).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (3) Uniformed services.--The term ``uniformed services'' 
     has the meaning given that term in section 101(a) of title 
     10, United States Code.

     SEC. 3. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF 
                   CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE 
                   UNITED STATES AS CHILDREN.

       (a) Special Rule for Certain Long-Term Residents Who 
     Entered the United States as Children.--
       (1) In general.--Notwithstanding any other provision of law 
     and except as otherwise provided in this Act, the Secretary 
     may cancel removal of, and adjust to the status of an alien 
     lawfully admitted for permanent residence, subject to the 
     conditional basis described in section 4, an alien who is 
     inadmissible or deportable from the United States, if the 
     alien demonstrates that--
       (A) the alien has been physically present in the United 
     States for a continuous period of not less than 5 years 
     immediately preceding the date of enactment of this Act, and 
     had not yet reached the age of 16 years at the time of 
     initial entry;
       (B) the alien has been a person of good moral character 
     since the date of enactment of this Act;
       (C) the alien--
       (i) is not inadmissible under paragraph (2), paragraph (3), 
     subparagraph (B), (C), (E), (F), or (G) of paragraph (6), or 
     subsection (C) of paragraph (10) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)), except 
     that if the alien is inadmissible solely under subparagraph 
     (C) or (F) of paragraph (6) of such section, the alien had 
     not yet reached the age of 16 years at the time the violation 
     was committed; and
       (ii) is not deportable under subparagraph (E) or (G) of 
     paragraph (1), paragraph (2), subparagraph (B), (C), or (D) 
     of paragraph (3), paragraph (4), or paragraph (6) of section 
     237(a) of the Immigration and Nationality Act (8 U.S.C. 
     1227(a)), except that if the alien is deportable solely under 
     subparagraph (C) or (D) of paragraph (3) of such section, the 
     alien had not yet reached the age of 16 years at the time the 
     violation was committed;
       (D) the alien, at the time of application, has been 
     admitted to an institution of higher education in the United 
     States, or has earned a high school diploma or obtained a 
     general education development certificate in the United 
     States;
       (E) the alien has never been under a final administrative 
     or judicial order of exclusion, deportation, or removal, 
     unless the alien--
       (i) has remained in the United States under color of law 
     after such order was issued; or
       (ii) received the order before attaining the age of 16 
     years; and
       (F) the alien was had not yet reached the age of 30 years 
     on the date of enactment of this Act.
       (2) Waiver.--Notwithstanding paragraph (1), the Secretary 
     of Homeland Security may waive the ground of ineligibility 
     under section 212(a)(6) of the Immigration and Nationality 
     Act and the ground of deportability under paragraphs (1), 
     (3), and (6) of section 237(a) of that Act for humanitarian 
     purposes or family unity or when it is otherwise in the 
     public interest.
       (3) Procedures.--The Secretary shall provide a procedure by 
     regulation allowing eligible individuals to apply 
     affirmatively for the relief available under this subsection 
     without being placed in removal proceedings.
       (b) Termination of Continuous Period.--For purposes of this 
     section, any period of continuous residence or continuous 
     physical presence in the United States of an alien who 
     applies for cancellation of removal under this section shall 
     not terminate when the alien is served a notice to appear 
     under section 239(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1229(a)).
       (c) Treatment of Certain Breaks in Presence.--
       (1) In general.--An alien shall be considered to have 
     failed to maintain continuous physical presence in the United 
     States under subsection (a) if the alien has departed from 
     the United States for any period in excess of 90 days or for 
     any periods in the aggregate exceeding 180 days.
       (2) Extensions for exceptional circumstances.--The 
     Secretary may extend the time periods described in paragraph 
     (1) if the alien demonstrates that the failure to timely 
     return to the United States was due to exceptional 
     circumstances. The exceptional circumstances determined 
     sufficient to justify such an extension shall be no less 
     compelling than serious illness of the alien, or death or 
     serious illness of a parent, grandparent, sibling, or child 
     of the alien.
       (d) Exemption From Numerical Limitations.--Nothing in this 
     section may be construed to apply a numerical limitation on 
     the number of aliens who may be eligible for cancellation of 
     removal or adjustment of status under this section.
       (e) Regulations.--
       (1) Proposed regulations.--Not later than 180 days after 
     the date of enactment of this Act, the Secretary shall 
     publish proposed regulations implementing this section. Such 
     regulations shall be effective immediately on an interim 
     basis, but are subject to change and revision after public 
     notice and opportunity for a period for public comment.
       (2) Interim, final regulations.--Within a reasonable time 
     after publication of the interim regulations in accordance 
     with paragraph (1), the Secretary shall publish final 
     regulations implementing this section.

     SEC. 4. CONDITIONAL PERMANENT RESIDENT STATUS.

       (a) In General.--
       (1) Conditional basis for status.--Notwithstanding any 
     other provision of law, and except as provided in section 5, 
     an alien whose status has been adjusted under section 3 to 
     that of an alien lawfully admitted for permanent residence 
     shall be considered to have obtained such status on a 
     conditional basis subject to the provisions of this section. 
     Such conditional permanent resident status shall be valid for 
     a period of 6 years, subject to termination under subsection 
     (b).
       (2) Notice of requirements.--
       (A) At time of obtaining permanent residence.--At the time 
     an alien obtains permanent resident status on a conditional 
     basis under paragraph (1), the Secretary shall provide for 
     notice to the alien regarding the provisions of this section 
     and the requirements of subsection (c) to have the 
     conditional basis of such status removed.
       (B) Effect of failure to provide notice.--The failure of 
     the Secretary to provide a notice under this paragraph--
       (i) shall not affect the enforcement of the provisions of 
     this Act with respect to the alien; and
       (ii) shall not give rise to any private right of action by 
     the alien.
       (3) Limitation on removal.--The Secretary may not remove an 
     alien who has a pending application for conditional permanent 
     resident status under this section.
       (b) Termination of Status.--
       (1) In general.--The Secretary shall terminate the 
     conditional permanent resident status of any alien who 
     obtained such status under this Act, if the Secretary 
     determines that the alien--
       (A) ceases to meet the requirements of subparagraph (B) or 
     (C) of section 3(a)(1);
       (B) has become a public charge; or
       (C) has received a dishonorable or other than honorable 
     discharge from the uniformed services.

[[Page S13098]]

       (2) Return to previous immigration status.--Any alien whose 
     conditional permanent resident status is terminated under 
     paragraph (1) shall return to the immigration status the 
     alien had immediately prior to receiving conditional 
     permanent resident status under this Act.
       (c) Requirements of Timely Petition for Removal of 
     Condition.--
       (1) In general.--In order for the conditional basis of 
     permanent resident status obtained by an alien under 
     subsection (a) to be removed, the alien must file with the 
     Secretary, in accordance with paragraph (3), a petition which 
     requests the removal of such conditional basis and which 
     provides, under penalty of perjury, the facts and information 
     so that the Secretary may make the determination described in 
     paragraph (2)(A).
       (2) Adjudication of petition to remove condition.--
       (A) In general.--If a petition is filed in accordance with 
     paragraph (1) for an alien, the Secretary shall make a 
     determination as to whether the alien meets the requirements 
     set out in subparagraphs (A) through (E) of subsection 
     (d)(1).
       (B) Removal of conditional basis if favorable 
     determination.--If the Secretary determines that the alien 
     meets such requirements, the Secretary shall notify the alien 
     of such determination and immediately remove the conditional 
     basis of the status of the alien.
       (C) Termination if adverse determination.--If the Secretary 
     determines that the alien does not meet such requirements, 
     the Secretary shall notify the alien of such determination 
     and terminate the conditional permanent resident status of 
     the alien as of the date of the determination.
       (3) Time to file petition.--An alien may petition to remove 
     the conditional basis to lawful resident status during the 
     period beginning 180 days before and ending 2 years after 
     either the date that is 6 years after the date of the 
     granting of conditional permanent resident status or any 
     other expiration date of the conditional permanent resident 
     status as extended by the Secretary in accordance with this 
     Act. The alien shall be deemed in conditional permanent 
     resident status in the United States during the period in 
     which the petition is pending.
       (d) Details of Petition.--
       (1) Contents of petition.--Each petition for an alien under 
     subsection (c)(1) shall contain information to permit the 
     Secretary to determine whether each of the following 
     requirements is met:
       (A) The alien has demonstrated good moral character during 
     the entire period the alien has been a conditional permanent 
     resident.
       (B) The alien is in compliance with section 3(a)(1)(C).
       (C) The alien has not abandoned the alien's residence in 
     the United States. The Secretary shall presume that the alien 
     has abandoned such residence if the alien is absent from the 
     United States for more than 365 days, in the aggregate, 
     during the period of conditional residence, unless the alien 
     demonstrates that alien has not abandoned the alien's 
     residence. An alien who is absent from the United States due 
     to active service in the uniformed services has not abandoned 
     the alien's residence in the United States during the period 
     of such service.
       (D) The alien has completed at least 1 of the following:
       (i) The alien has acquired a degree from an institution of 
     higher education in the United States or has completed at 
     least 2 years, in good standing, in a program for a 
     bachelor's degree or higher degree in the United States.
       (ii) The alien has served in the uniformed services for at 
     least 2 years and, if discharged, has received an honorable 
     discharge.
       (E) The alien has provided a list of each secondary school 
     (as that term is defined in section 9101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801)) that 
     the alien attended in the United States.
       (2) Hardship exception.--
       (A) In general.--The Secretary may, in the Secretary's 
     discretion, remove the conditional status of an alien if the 
     alien--
       (i) satisfies the requirements of subparagraphs (A), (B), 
     and (C) of paragraph (1);
       (ii) demonstrates compelling circumstances for the 
     inability to complete the requirements described in 
     subparagraph (D) of such paragraph; and
       (iii) demonstrates that the alien's removal from the United 
     States would result in exceptional and extremely unusual 
     hardship to the alien or the alien's spouse, parent, or child 
     who is a citizen or a lawful permanent resident of the United 
     States.
       (B) Extension.--Upon a showing of good cause, the Secretary 
     may extend the period of conditional resident status for the 
     purpose of completing the requirements described in 
     subparagraph (D) of paragraph (1).
       (e) Treatment of Period for Purposes of Naturalization.--
     For purposes of title III of the Immigration and Nationality 
     Act (8 U.S.C. 1401 et seq.), in the case of an alien who is 
     in the United States as a lawful permanent resident on a 
     conditional basis under this section, the alien shall be 
     considered to have been admitted as an alien lawfully 
     admitted for permanent residence and to be in the United 
     States as an alien lawfully admitted to the United States for 
     permanent residence. However, the conditional basis must be 
     removed before the alien may apply for naturalization.

     SEC. 5. TREATMENT OF CERTAIN APPLICANTS.

       If, on the date of enactment of this Act, an alien has 
     satisfied all the requirements of subparagraphs (A) through 
     (F) of section 3(a)(1) and subparagraph (D) of section 
     4(d)(1), the Secretary may adjust the status of the alien to 
     that of a conditional resident in accordance with section 3. 
     The alien may petition for removal of such condition at the 
     end of the conditional residence period in accordance with 
     section 4(c) if the alien has met the requirements of 
     subparagraphs (A), (B), and (C) of section 4(d)(1) during the 
     entire period of conditional residence.

     SEC. 6. EXCLUSIVE JURISDICTION.

       (a) Secretary.--Except as provided in subsection (b), the 
     Secretary shall have exclusive jurisdiction to determine 
     eligibility for relief under this Act.
       (b) Attorney General.--Notwithstanding subsection (a), if 
     an alien has been placed into deportation, exclusion, or 
     removal proceedings either prior to or after filing an 
     application for relief under this Act, the Attorney General 
     shall have exclusive jurisdiction and shall assume all the 
     powers and duties of the Secretary under this Act until 
     proceedings are terminated. If a final order of deportation, 
     exclusion, or removal is entered for the alien the Secretary 
     shall resume all powers and duties under this Act with 
     respect to the alien.

     SEC. 7. STAY OF REMOVAL OF CERTAIN ALIENS ENROLLED IN PRIMARY 
                   OR SECONDARY SCHOOL.

       (a) Stay of Removal.--The Attorney General shall stay the 
     removal proceedings of any alien who--
       (1) meets all the requirements of subparagraphs (A), (B), 
     (C), (E), and (F) of section 3(a)(1);
       (2) is at least 12 years of age; and
       (3) is enrolled full time in a primary or secondary school.
       (b) Employment.--An alien whose removal is stayed pursuant 
     to subsection (a) may be engaged in employment in the United 
     States consistent with the Fair Labor Standards Act (29 
     U.S.C. 201 et seq.) and State and local laws governing 
     minimum age for employment.
       (c) Lift of Stay.--The Attorney General shall lift the stay 
     granted pursuant to subsection (a) if the alien--
       (1) is no longer enrolled in a primary or secondary school; 
     or
       (2) ceases to meet the requirements of subsection (a)(1).

     SEC. 8. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.

       Whoever files an application for relief under this Act and 
     willfully and knowingly falsifies, misrepresents, or conceals 
     a material fact or makes any false or fraudulent statement or 
     representation, or makes or uses any false writing or 
     document knowing the same to contain any false or fraudulent 
     statement or entry, shall be fined in accordance with title 
     18, United States Code, or imprisoned not more than 5 years, 
     or both.

     SEC. 9. CONFIDENTIALITY OF INFORMATION.

       (a) Prohibition.--Except as provided in subsection (b), no 
     officer or employee of the United States may--
       (1) use the information furnished by the applicant pursuant 
     to an application filed under this Act to initiate removal 
     proceedings against any persons identified in the 
     application;
       (2) make any publication whereby the information furnished 
     by any particular individual pursuant to an application under 
     this Act can be identified; or
       (3) permit anyone other than an officer or employee of the 
     United States to examine applications filed under this Act.
       (b) Required Disclosure.--The Attorney General or the 
     Secretary shall provide the information furnished under this 
     section, and any other information derived from such 
     furnished information, to--
       (1) a duly recognized law enforcement entity in connection 
     with an investigation or prosecution of an offense described 
     in paragraph (2) or (3) of section 212(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)), when such information 
     is requested in writing by such entity; or
       (2) an official coroner for purposes of affirmatively 
     identifying a deceased individual (whether or not such 
     individual is deceased as a result of a crime).
       (c) Penalty.--Whoever knowingly uses, publishes, or permits 
     information to be examined in violation of this section shall 
     be fined not more than $10,000.

     SEC. 10. HIGHER EDUCATION ASSISTANCE.

       Notwithstanding any provision of the Higher Education Act 
     of 1965 (20 U.S.C. 1001 et seq.), with respect to assistance 
     provided under title IV of the Higher Education Act of 1965 
     (20 U.S.C. 1070 et seq.), an alien who adjusts status to that 
     of a lawful permanent resident under this Act shall be 
     eligible only for the following assistance under such title:
       (1) Student loans under parts B, D, and E of such title IV, 
     subject to the requirements of such parts.
       (2) Federal work-study programs under part C of such title 
     IV, subject to the requirements of such part.
       (3) Services under such title IV, subject to the 
     requirements for such services.

     SEC. 11. GAO REPORT.

       Not later than 7 years after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     submit a report to the Committee on the Judiciary of the 
     Senate and the Committee on the Judiciary of the House of 
     Representatives setting forth--
       (1) the number of aliens who were eligible for cancellation 
     of removal and adjustment of status under section 3(a);

[[Page S13099]]

       (2) the number of aliens who applied for adjustment of 
     status under section 3(a);
       (3) the number of aliens who were granted adjustment of 
     status under section 3(a); and
       (4) the number of aliens whose conditional permanent 
     resident status was removed under section 4.
                                 ______