[Congressional Record Volume 157, Number 64 (Wednesday, May 11, 2011)]
[Senate]
[Pages S2881-S2889]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Reid, Mr. Leahy, Mr. Schumer, Mr. 
        Menendez, Mr. Levin, Mr. Lieberman, Mr. Akaka, Mr. Begich, Mr. 
        Bennet, Mr. Bingaman, Mr. Blumenthal, Mrs. Boxer, Ms. Cantwell, 
        Mr. Cardin, Mr. Carper, Mr. Coons, Mrs. Feinstein, Mr. Franken, 
        Mrs. Gillibrand, Mr. Harkin, Mr. Kerry, Ms. Klobuchar, Mr. 
        Kohl, Mr. Lautenberg, Mr. Merkley, Ms. Mikulski, Mrs. Murray, 
        Mr. Nelson of Florida, Mr. Reed, Mr. Sanders, Mr. Udall of 
        Colorado, and Mr. Whitehouse):
  S. 952. 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; to the Committee on the Judiciary.
  Mr. DURBIN. We had a historic vote in the Senate last December on the 
DREAM Act. Senator Harry Reid, the majority leader, promised that we 
would bring this measure for consideration on the floor of the Senate. 
Some people on both sides of the aisle said, it is a bad idea, do not 
do it. But he kept his word, and I am glad he did.
  We called it. We had three Republican votes, and we fell short. Oh, 
we had a majority. It seems as if we always have a majority when we 
call this bill. But because of the threat of a Republican filibuster, 
we needed 60 votes, and we did not reach the 60 votes necessary. So 55 
Senators, a bipartisan majority, voted for the DREAM Act. I have 
reintroduced it today. By way of background, this is a simple piece of 
legislation, but it is one that affects thousands of people across 
America. It came to my attention 10 years ago when a Korean-American 
woman called me in my Chicago office and told me she had a problem.
  She had come to the United States about 18 years before and brought 
her little girl with her. She had raised a family. She was now a 
naturalized citizen. The children who were born in the United States 
were citizens. But her older daughter was in a different status. Her 
older daughter was a special person. Her older daughter was a concert 
pianist who had been accepted at the Julliard School of Music in New 
York, the best. As she filled out the application form, and they asked 
for her citizenship, she turned to her mom and said: USA, right?
  And her mom said: You know, we never filed any papers for you.
  So the little girl said: What should we do?
  And her mom said: We ought to call Durbin.
  So they called my office, thinking I could solve this. I found out 
the awful truth. Our laws currently say the only recourse for that 
little girl--who came here at the age of 2, who grew up in the United 
States, going to school here, saying the Pledge of Allegiance to our 
flag every morning, singing the only national anthem she knew, speaking 
the only language she knew--under our law could never be a U.S. citizen 
and had to leave our country.
  What is wrong with this? Well, it is unfair. That is what is wrong. 
At 2 years of age, she had no voice in the decision of her family to 
come here. She had done everything right. All she was asking for, all 
she continues to ask for, is a chance to be part of the only country 
she has ever known, a country she dearly loves.
  The DREAM Act gives young people that chance. It says: You can have a 
chance if you graduate high school, have no criminal record involving 
anything of a serious nature, if you are prepared go through and prove 
that you have been in the United States, came before the age of 16, 
been here at least 5 years, then you will have a chance to apply. If 
you apply, you have two ways that you can reach legal status in our 
country: Serve in our military, or complete at least 2 years of 
college. For thousands of young people across America, this is the only 
way to get them out of their current situation.
  We just had a press conference with Senator Harry Reid and Senator 
Bob Menendez, as well as Senator Blumenthal of Connecticut to 
reintroduce this DREAM Act. At that press conference was a young woman 
who

[[Page S2885]]

told her story. Like thousands of others it is a compelling personal 
story. Her name is Tolu Olubunmi. She was born in Nigeria and brought 
to the United States as a child. She graduated her high school with 
honors. She was awarded a full scholarship to one of the Nation's top 
universities. In college, she was a leader: a peer counselor, a 
resident assistant, a volunteer in an abused women's shelter, and a 
research analyst in the department of engineering.
  Tolu received a bachelor's degree in chemical engineering in 2002. 
But she has never been able to work 1 day as a chemical engineer in 
America because she is undocumented.
  She cannot leave this country, because she could not return. She 
cannot get a job in this country because she is undocumented. Her whole 
life is focused on America. She is asking for a chance to be an 
engineer, to be a productive part of America, to move us forward as a 
nation. The DREAM Act would give her that chance.
  When we introduced the bill today, we have 32 original cosponsors. We 
are hoping for more. We have the Democratic leadership, the Chairs of 
the Judiciary, Armed Services, and Homeland Security Committees, and 
all 10 Democratic members of the Judiciary Committee. I want to thank 
the lead sponsors over in the House: Howard Berman of California, Luis 
Gutierrez, from my State of Illinois, and Ileana Ros-Lehtinen of 
Florida. Thanks to their leadership last year, the House passed the 
DREAM Act.
  I want to especially thank the President. As a Senator and my 
colleague from Illinois, he was a cosponsor of this bill. He has been a 
strong supporter ever since. He never fails to mention the DREAM Act in 
his conversations with America about immigration. Yesterday, he said:

       These are kids who grew up in this country, love this 
     country, and know no other place as home. The idea that we 
     should punish them is cruel and it makes no sense. We are a 
     better nation than that.

  The President is right. This is a matter of simple justice. Thousands 
of immigrant students in America were brought here as children. It was 
not their decision to come here. But they grew up here and they called 
it home. The fundamental premise of the DREAM Act is an American 
premise. We do not hold children responsible for the wrongdoings of 
their parents.
  These young people do not want a free pass. They do not want amnesty. 
All they want is a chance to earn their place in America. That is what 
the DREAM Act would give them. The DREAM Act would strengthen our 
national security, making thousands of young people eligible to serve. 
That is why the Department of Defense and Secretary Gates support it.
  In fact, the Secretary said:

       There is a rich precedence supporting the service of non-
     citizens in the U.S. military. . . . The DREAM Act represents 
     an opportunity to expand this pool to the advantage of 
     military recruiting and readiness.

  The first casualty in the war in Iraq was a Hispanic who was not a 
citizen of the United States, was not even a permanent resident of the 
United States. But he had volunteered to serve his country and gave his 
life. I think that shows the level of commitment these young people 
have to this great Nation.
  A recent study at UCLA found that allowing the DREAM Act to pass 
would put so many productive young people into our economy, they will 
generate jobs, they will build businesses, they will help our economy 
grow.
  I want to salute in your home State of New York, Madam President, 
Mayor Michael Bloomberg who has spoken out in support of the DREAM Act, 
and said:

       They are just the kind of immigrants we need to help solve 
     our unemployment problem. Some of them will go on to create 
     new small businesses and hire people. It is senseless for us 
     to chase out the home-grown talent that has the potential to 
     contribute so significantly to our society.

  When you take a look at the supporters of the DREAM Act, they have 
such diverse backgrounds. They include business leaders such as Rupert 
Murdoch, and the CEOs of companies such as Microsoft and Pfizer.
  There are some who oppose the DREAM Act and argue that we need to 
enhance border security first. I can certainly make the argument, as 
the President did yesterday, that we have done extraordinary things, 
more than doubling the number of people at the border, adding technical 
devices there to detect people who are trying to cross, using drones, 
building fences.
  We have gone, I think, as far as I can imagine, but I am open--I told 
a Republican Senator this morning: I am open to any reasonable 
suggestion to make the border safer. But I say to my friends on the 
other side of the aisle, if we show good faith in border enforcement, 
can you join us by showing good faith in helping to pass the DREAM Act? 
I do not think that is an unreasonable exchange. I am open to their 
ideas. I hope they are open to the idea of the DREAM Act.
  I also have to say that many of the young people who are affected by 
this have been dramatically positive in their contribution to America. 
There are restrictions in the DREAM Act that prevent abuse. The DREAM 
Act students would not be eligible for Pell grants or other Federal 
grants, which means they are going to pay more to go to school.
  DREAM Act students will be subject to tough criminal penalties for 
fraud, including a prison sentence of up to 5 years. No one is eligible 
for the DREAM Act unless they arrived in the United States at least 5 
years before the bill becomes law, and there is no exception and no 
waiver.
  Also the DREAM Act specifically includes a 1-year application 
deadline. An individual would be required to apply for conditional 
nonimmigrant status within 1 year of obtaining a high school degree or 
GED, or within 1 year of when the bill becomes law.
  This is not an amnesty. On many occasions I have come to the floor to 
tell the personal stories of people who are involved. Their lives speak 
more eloquently than anything I can say on the floor. Let me tell you 
about Nelson and Jhon Magdaleno. They are brothers who came to the 
United States from Venezuela when Nelson was 11 and Jhon was 9. They 
were both honor students at Lakeside High School in Atlanta, GA. This 
is a picture of Nelson Magdaleno at graduation. Jhon, his brother, 
served with distinction in the Air Force Junior Officer Reserve Corps. 
He was the fourth highest ranking officer in a 175-officer cadet unit 
and commander of the Air Honor Society. Here is a picture of Jhon in 
his ROTC uniform in high school.

  Both Jhon and Nelson are honor students at Georgia Tech University, a 
great school. It is one of the most selective engineering schools in 
America. Nelson, who is now 21, is a junior. He is a computer 
engineering major with a 3.6 GPA. Jhon, 18, is a freshman. He is a 
biomedical engineering major with a 4.0 GPA.
  Let me ask my colleagues, can we afford to lose these two young 
people? Well, I guess we could but at great expense because their 
talent, their energy, their determination to make a contribution to 
America can make us a better nation. I don't think returning them to 
Venezuela, a country they have never called home, is going to be good 
for the United States.
  John David Bunting, Nelson and Jhon's uncle, wrote me a letter about 
his nephews. Here is what he said:

       They will be able to give back so much to our country if 
     they are allowed to stay. I am overwhelmed by my pride in 
     them and how they have managed to persevere and even flourish 
     under these circumstances. . . . I also have two young sons 
     and I teach them about the incredible history of the United 
     States and the way that our country can address wrongs 
     committed in its name and come out of the process even 
     stronger. Please help us.

  Nelson and Jhon asked the Department of Homeland Security to stop 
their deportation proceedings. After I received their uncle's letter, I 
contacted the Department and asked them to consider this case. The 
Department has decided to grant a stay to Nelson and Jhon to give them 
a chance to continue their education. That was clearly the right thing 
to do.
  Some have criticized the Obama administration for granting this kind 
of deferral action to a small number of DREAM Act students, but this is 
exactly what the Bush administration did. I wish to commend President 
George Bush, who was steadfast and consistent in his support of 
immigration reform.
  It is a waste of limited resources to deport two fine engineering 
students from the United States, and it is entirely consistent with the 
law to grant them deferred action.

[[Page S2886]]

  Let me tell my colleagues about another student, Pedro Pedroza. Here 
is his photograph. Pedro was brought to Chicago from Mexico when he was 
5 years old. He graduated from St. Agnes Catholic School in Little 
Village, a great part of our city of Chicago. He was an honor student 
at St. Ignatius College Prep, one of the best schools in Chicago. He is 
now a student in New York at Cornell University in Ithaca. His goal is 
to become a teacher.
  Do we need teachers with his qualities? You bet we do, not just in 
New York but in Illinois and across America. But, unfortunately, Pedro 
is in deportation proceedings. He was riding a bus from Chicago back to 
school in New York when immigration agents arrested him. He has asked 
the Department of Homeland Security to grant him a stay, and I hope 
they will. It makes no sense to send someone like Pedro, who has so 
much to contribute, to a country he barely remembers.
  Here is what he wrote to me in a letter:

       Mexico is not only unfamiliar to me, but leaving the U.S. 
     means leaving everything and everyone I know. I only hope I 
     can have a future in the U.S. for as long as I am here. Even 
     if I am left no choice but to leave for Mexico, I would still 
     strive to adjust my status and return to a place I consider 
     home--The United States of America.

  The last photograph I wish to show is Steve Li. This is his 
photograph. His parents brought him to the United States when he was 11 
years old. He is a student at the City College of San Francisco where 
he has majored in nursing and is a leader in student government. He 
wrote a letter:

       My dream is to become a registered nurse at San Francisco 
     General Hospital and be a public health advocate. I want to 
     give back to my community by raising awareness about 
     preventive care and other health care issues. I am well on my 
     way to achieving that dream. By passing the DREAM Act, I will 
     be able to achieve these goals and contribute to the growing 
     health care industry.

  So can we use more health care professionals? You bet we could. 
Nurses, we need a lot of them. In fact, the United States imports 
thousands of foreign nurses each year in this country because we just 
don't have enough.
  Unfortunately, Steve Li is also in deportation proceedings. His case 
is especially complicated because while his parents are Chinese, he was 
born in Peru. So he could be deported back to Peru where he knows no 
one and has no family members.
  Senator Feinstein asked the Department of Homeland Security to 
consider his case. They have given him a temporary stay, for now.
  I first introduced the DREAM Act 10 years ago. Since then, I have met 
so many immigrant students who would qualify for it. When I first 
brought up this bill I used to have meetings in Chicago. After the 
meetings, without fail there would be someone waiting for me outside. 
Sometimes in the dark of night they would be standing by my car. They 
were always young and most of them had tears in their eyes, and they 
would say to me: Senator Durbin, please pass the DREAM Act. It is my 
life.
  Times have changed. Ten years of effort, even passing it with a 
majority, hasn't resulted in this becoming a law because of the 
Republican filibuster. Times have changed to the point where the DREAM 
Act students are now stepping up and saying: Here we are. This is who 
we are. We are not going to hide in the shadows anymore.
  When we debated that bill on the floor of the Senate last December, 
the galleries were filled with students wearing graduation gowns and 
caps, waiting, praying for the vote, and it failed. They left, many of 
them crying. They went downstairs, and I met with them. They couldn't 
have felt worse. They just don't know where to turn. They are being 
rejected by the only country they have ever known, the only place they 
have ever called home.
  I said to them: I am not giving up on you. Don't give up on me. We 
are going to keep working on this.
  We reintroduced the bill today. I thank my colleagues who have 
already cosponsored it. I urge and plead with others who have not for 
simple justice and fairness. Give these young people a chance. That is 
all they are asking for.
  Mr. WHITEHOUSE. Mr. President, let me express my great appreciation 
to Senator Durbin of Illinois for his many years of leadership on this 
issue. I am very proud to be a cosponsor of his legislation, and I look 
forward to passing this bill.
  I am reminded of the story in the Bible of Joshua at Jericho. It was 
not the first time around Jericho that the horns of Joshua and his 
Israelite Army brought down the walls. If I recall the Bible correctly, 
it was seven times around those walls before they came tumbling down, 
but tumble down is what they did.
  I look forward to joining the Joshua of this crusade, Senator Durbin, 
to go around those walls as long as it takes in order to get the DREAM 
Act passed.
  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 
printed in the Record, as follows:

                                 S. 952

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Development, Relief, and Education for Alien Minors Act of 
     2011''or the ``DREAM Act of 2011''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Conditional permanent resident status for certain long-term 
              residents who entered the United States as children.
Sec. 4. Terms of conditional permanent resident status.
Sec. 5. Removal of conditional basis of permanent resident status.
Sec. 6. Regulations.
Sec. 7. Penalties for false statements.
Sec. 8. Confidentiality of information.
Sec. 9. Higher education assistance.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) In general.--Except as otherwise specifically provided, 
     a term used in this Act that is used in the immigration laws 
     shall have the meaning given such term in the immigration 
     laws.
       (2) 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)).
       (3) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     such term in section 102 of the Higher Education Act of 1965 
     (20 U.S.C. 1002), except that the term does not include an 
     institution of higher education outside the United States.
       (4) Secretary.--Except as otherwise specifically provided, 
     the term ``Secretary'' means the Secretary of Homeland 
     Security.
       (5) Uniformed services.--The term ``Uniformed Services'' 
     has the meaning given the term ``uniformed services'' in 
     section 101(a) of title 10, United States Code.

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

       (a) Conditional Basis for Status.--Notwithstanding any 
     other provision of law, an alien shall be considered, at the 
     time of obtaining the status of an alien lawfully admitted 
     for permanent residence under this section, to have obtained 
     such status on a conditional basis subject to the provisions 
     of this Act.
       (b) Requirements.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary may cancel removal of, and adjust to the 
     status of an alien lawfully admitted for permanent residence 
     on a conditional basis, an alien who is inadmissible or 
     deportable from the United States or is in temporary 
     protected status under section 244 of the Immigration and 
     Nationality Act (8 U.S.C. 1254a), if the alien demonstrates 
     by a preponderance of the evidence that--
       (A) the alien has been continuously physically present in 
     the United States since the date that is 5 years before the 
     date of the enactment of this Act;
       (B) the alien was 15 years of age or younger on the date 
     the alien initially entered the United States;
       (C) the alien has been a person of good moral character 
     since the date the alien initially entered the United States;
       (D) subject to paragraph (2), the alien--
       (i) is not inadmissible under paragraph (2), (3), (6)(E), 
     (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a));
       (ii) has not ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion; and
       (iii) has not been convicted of--

       (I) any offense under Federal or State law punishable by a 
     maximum term of imprisonment of more than 1 year; or
       (II) 3 or more offenses under Federal or State law, for 
     which the alien was convicted on different dates for each of 
     the 3 offenses and imprisoned for an aggregate of 90 days or 
     more;

       (E) the alien--
       (i) has been admitted to an institution of higher education 
     in the United States; or

[[Page S2887]]

       (ii) has earned a high school diploma or obtained a general 
     education development certificate in the United States; and
       (F) the alien was 35 years of age or younger on the date of 
     the enactment of this Act.
       (2) Waiver.--With respect to any benefit under this Act, 
     the Secretary may waive the grounds of inadmissibility under 
     paragraph (6)(E), (6)(G), or (10)(D) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)) for 
     humanitarian purposes or family unity or when it is otherwise 
     in the public interest.
       (3) Submission of biometric and biographic data.--The 
     Secretary may not grant permanent resident status on a 
     conditional basis to an alien under this section unless the 
     alien submits biometric and biographic data, in accordance 
     with procedures established by the Secretary. The Secretary 
     shall provide an alternative procedure for applicants who are 
     unable to provide such biometric or biographic data because 
     of a physical impairment.
       (4) Background checks.--
       (A) Requirement for background checks.--The Secretary shall 
     utilize biometric, biographic, and other data that the 
     Secretary determines is appropriate--
       (i) to conduct security and law enforcement background 
     checks of an alien seeking permanent resident status on a 
     conditional basis under this section; and
       (ii) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for such status.
       (B) Completion of background checks.--The security and law 
     enforcement background checks required by subparagraph (A) 
     for an alien shall be completed, to the satisfaction of the 
     Secretary, prior to the date the Secretary grants permanent 
     resident status on a conditional basis to the alien.
       (5) Medical examination.--An alien applying for permanent 
     resident status on a conditional basis under this section 
     shall undergo a medical examination. The Secretary, with the 
     concurrence of the Secretary of Health and Human Services, 
     shall prescribe policies and procedures for the nature and 
     timing of such examination.
       (6) Military selective service.--An alien applying for 
     permanent resident status on a conditional basis under this 
     section shall establish that the alien has registered under 
     the Military Selective Service Act (50 U.S.C. App. 451 et 
     seq.), if the alien is subject to such registration under 
     that Act.
       (c) Determination of Continuous Presence.--
       (1) Termination of continuous period.--Any period of 
     continuous physical presence in the United States of an alien 
     who applies for permanent resident status on a conditional 
     basis under this section shall not terminate when the alien 
     is served a notice to appear under section 239(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1229(a)).
       (2) Treatment of certain breaks in presence.--
       (A) In general.--An alien shall be considered to have 
     failed to maintain continuous physical presence in the United 
     States under subsection (b)(1)(A) if the alien has departed 
     from the United States for any period in excess of 90 days or 
     for any periods in the aggregate exceeding 180 days.
       (B) Extensions for extenuating circumstances.--The 
     Secretary may extend the time periods described in 
     subparagraph (A) for an alien if the alien demonstrates that 
     the failure to timely return to the United States was due to 
     extenuating circumstances beyond the alien's control.
       (d) Application.--
       (1) In general.--An alien seeking lawful permanent resident 
     status on a conditional basis shall file an application for 
     such status in such manner as the Secretary may require.
       (2) Deadline for submission of application.--An alien shall 
     submit an application for relief under this section not later 
     than the date that is 1 year after the later of--
       (A) the date the alien earned a high school diploma or 
     obtained a general education development certificate in the 
     United States; or
       (B) the effective date of the final regulations issued 
     pursuant to section 6.
       (e) Limitation on Removal of Certain Aliens.--
       (1) In general.--The Secretary or the Attorney General may 
     not remove an alien who--
       (A) has a pending application for relief under this 
     section; and
       (B) establishes prima facie eligibility for relief under 
     this section.
       (2) Certain aliens enrolled in primary or secondary 
     school.--
       (A) Stay of removal.--The Attorney General shall stay the 
     removal proceedings of an alien who--
       (i) meets all the requirements of subparagraphs (A), (B), 
     (C), (D), and (F) of subsection (b)(1);
       (ii) is at least 5 years of age; and
       (iii) is enrolled full-time in a primary or secondary 
     school.
       (B) Aliens not in removal proceedings.--If an alien is not 
     in removal proceedings, the Secretary shall not commence such 
     proceedings with respect to the alien if the alien is 
     described in clauses (i) through (iii) of subparagraph (A).
       (C) Employment.--An alien whose removal is stayed pursuant 
     to subparagraph (A) or who may not be placed in removal 
     proceedings pursuant to subparagraph (B) shall, upon 
     application to the Secretary, be granted an employment 
     authorization document.
       (D) Lift of stay.--The Secretary or Attorney General may 
     lift the stay granted to an alien under subparagraph (A) if 
     the alien--
       (i) is no longer enrolled in a primary or secondary school; 
     or
       (ii) ceases to meet the requirements of such paragraph.
       (f) Exemption From Numerical Limitations.--Nothing in this 
     section or in any other law may be construed to apply a 
     numerical limitation on the number of aliens who may be 
     eligible for adjustment of status under this Act.

     SEC. 4. TERMS OF CONDITIONAL PERMANENT RESIDENT STATUS.

       (a) Period of Status.--Permanent resident status on a 
     conditional basis granted under this Act is--
       (1) valid for a period of 6 years, unless such period is 
     extended by the Secretary; and
       (2) subject to termination under subsection (c).
       (b) Notice of Requirements.--
       (1) At time of obtaining status.--At the time an alien 
     obtains permanent resident status on a conditional basis 
     under this Act, the Secretary shall provide for notice to the 
     alien regarding the provisions of this Act and the 
     requirements to have the conditional basis of such status 
     removed.
       (2) Effect of failure to provide notice.--The failure of 
     the Secretary to provide a notice under this subsection--
       (A) shall not affect the enforcement of the provisions of 
     this Act with respect to the alien; and
       (B) shall not give rise to any private right of action by 
     the alien.
       (c) Termination of Status.--
       (1) In general.--The Secretary shall terminate the 
     conditional permanent resident status of an alien, if the 
     Secretary determines that the alien--
       (A) ceases to meet the requirements of subparagraph (C) or 
     (D) of section 3(b)(1); or
       (B) was discharged from the Uniformed Services and did not 
     receive an honorable discharge.
       (d) Return to Previous Immigration Status.--
       (1) In general.--Except as provided in paragraph (2), an 
     alien whose permanent resident status on a conditional basis 
     expires under subsection (a)(1) or is terminated under 
     subsection (c) or whose application for such status is denied 
     shall return to the immigration status the alien had 
     immediately prior to receiving permanent resident status on a 
     conditional basis or applying for such status, as 
     appropriate.
       (2) Special rule for temporary protected status.--In the 
     case of an alien whose permanent resident status on a 
     conditional basis expires under subsection (a)(1) or is 
     terminated under subsection (c) or whose application for such 
     status is denied and who had temporary protected status 
     immediately prior to receiving or applying for such status, 
     as appropriate, the alien may not return to temporary 
     protected status if--
       (A) the relevant designation under section 244(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1254a(b)) has been 
     terminated; or
       (B) the Secretary determines that the reason for 
     terminating the permanent resident status on a conditional 
     basis renders the alien ineligible for temporary protected 
     status.
       (e) Information Systems.--The Secretary shall use the 
     information systems of the Department of Homeland Security to 
     maintain current information on the identity, address, and 
     immigration status of aliens granted permanent resident 
     status on a conditional basis under this Act.

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

       (a) Eligibility for Removal of Conditional Basis.--
       (1) In general.--Subject to paragraph (2), the Secretary 
     may remove the conditional basis of an alien's permanent 
     resident status granted under this Act if the alien 
     demonstrates by a preponderance of the evidence that--
       (A) the alien has been a person of good moral character 
     during the entire period of conditional permanent resident 
     status;
       (B) the alien is described in section 3(b)(1)(D);
       (C) the alien has not abandoned the alien's residence in 
     the United States;
       (D) the alien--
       (i) 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; or
       (ii) has served in the Uniformed Services for at least 2 
     years and, if discharged, received an honorable discharge; 
     and
       (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 basis of an alien's 
     permanent resident status if the alien--
       (i) satisfies the requirements of subparagraphs (A), (B), 
     (C), and (E) of paragraph (1);
       (ii) demonstrates compelling circumstances for the 
     inability to satisfy the requirements of subparagraph (D) of 
     such paragraph; and

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       (iii) demonstrates that the alien's removal from the United 
     States would result in extreme 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 permanent resident status on a 
     conditional basis for an alien so that the alien may complete 
     the requirements of subparagraph (D) of paragraph (1).
       (3) Treatment of abandonment or residence.--For purposes of 
     paragraph (1)(C), an alien--
       (A) shall be presumed to have abandoned the alien's 
     residence in the United States if the alien is absent from 
     the United States for more than 365 days, in the aggregate, 
     during the alien's period of conditional permanent resident 
     status, unless the alien demonstrates to the satisfaction of 
     the Secretary that the alien has not abandoned such 
     residence; and
       (B) 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.
       (4) Citizenship requirement.--
       (A) In general.--Except as provided in subparagraph (B), 
     the conditional basis of an alien's permanent resident status 
     may not be removed unless the alien demonstrates that the 
     alien satisfies the requirements of 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 because of a physical or developmental 
     disability or mental impairment to meet the requirements of 
     such subparagraph.
       (5) Submission of biometric and biographic data.--The 
     Secretary may not remove the conditional basis of an alien's 
     permanent resident status unless the alien submits biometric 
     and biographic data, in accordance with procedures 
     established by the Secretary. The Secretary shall provide an 
     alternative procedure for applicants who are unable to 
     provide such biometric data because of a physical impairment.
       (6) Background checks.--
       (A) Requirement for background checks.--The Secretary shall 
     utilize biometric, biographic, and other data that the 
     Secretary determines appropriate--
       (i) to conduct security and law enforcement background 
     checks of an alien applying for removal of the conditional 
     basis of the alien's permanent resident status; and
       (ii) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for removal of such conditional basis.
       (B) Completion of background checks.--The security and law 
     enforcement background checks required by subparagraph (A) 
     for an alien shall be completed, to the satisfaction of the 
     Secretary, prior to the date the Secretary removes the 
     conditional basis of the alien's permanent resident status.
       (b) Application To Remove Conditional Basis.--
       (1) In general.--An alien seeking to have the conditional 
     basis of the alien's lawful permanent resident status removed 
     shall file an application for such removal in such manner as 
     the Secretary may require.
       (2) Deadline for submission of application.--
       (A) In general.--An alien shall file an application under 
     this subsection during the period beginning 6 months prior to 
     and ending on the date that is later of--
       (i) 6 years after the date the alien was initially granted 
     conditional permanent resident status; or
       (ii) any other expiration date of the alien's conditional 
     permanent resident status, as extended by the Secretary in 
     accordance with this Act.
       (B) Status during pendency.--An alien shall be deemed to 
     have permanent resident status on a conditional basis during 
     the period that the alien's application submitted under this 
     subsection is pending.
       (3) Adjudication of application.--
       (A) In general.--The Secretary shall make a determination 
     on each application filed by an alien under this subsection 
     as to whether the alien meets the requirements for removal of 
     the conditional basis of the alien's permanent resident 
     status.
       (B) Adjustment of status if favorable determination.--If 
     the Secretary determines that the alien meets such 
     requirements, the Secretary shall notify the alien of such 
     determination and remove the conditional basis of the alien's 
     permanent resident status, effective as of the date of such 
     determination.
       (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, if the period of the alien's conditional permanent 
     resident status under section 4(a)(1) has ended, terminate 
     the conditional permanent resident status granted the alien 
     under this Act as of the date of such determination.
       (c) 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 under this Act 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.
       (2) Limitation on application for naturalization.--An alien 
     may not apply for naturalization during the period that the 
     alien is in permanent resident status on a conditional basis 
     under this Act.

     SEC. 6. REGULATIONS.

       (a) Initial Publication.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall 
     publish regulations implementing this Act. Such regulations 
     shall allow eligible individuals to apply affirmatively for 
     the relief available under section 3 without being placed in 
     removal proceedings.
       (b) Interim Regulations.--Notwithstanding section 553 of 
     title 5, United States Code, the regulations required by 
     subsection (a) shall be effective, on an interim basis, 
     immediately upon publication but may be subject to change and 
     revision after public notice and opportunity for a period of 
     public comment.
       (c) Final Regulations.--Within a reasonable time after 
     publication of the interim regulations in accordance with 
     subsection (b), the Secretary shall publish final regulations 
     implementing this Act.
       (d) Paperwork Reduction Act.--The requirements of chapter 
     35 of title 44, United States Code (commonly known as the 
     ``Paperwork Reduction Act'') shall not apply to any action to 
     implement this Act.

     SEC. 7. PENALTIES FOR FALSE STATEMENTS.

       Whoever files an application for any relief or benefit 
     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, imprisoned not 
     more than 5 years, or both.

     SEC. 8. 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 an individual pursuant 
     to an application filed under this Act in removal proceedings 
     against any person 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, employee or 
     authorized contractor of the United States Government or, in 
     the case of an application filed under this Act with a 
     designated entity, that designated entity, to examine such 
     application filed under such sections.
       (b) Required Disclosure.--The Attorney General or the 
     Secretary shall provide the information furnished under this 
     Act, and any other information derived from such furnished 
     information, to--
       (1) a Federal, State, tribal, or local law enforcement 
     agency, intelligence agency, national security agency, 
     component of the Department of Homeland Security, court, or 
     grand jury in connection with a criminal investigation or 
     prosecution, a background check conducted pursuant to section 
     103 of the Brady Handgun Violence Protection Act (Public Law 
     103-159; 18 U.S.C. 922 note), or national security purposes, 
     if such information is requested by such entity or consistent 
     with an information sharing agreement or mechanism; or
       (2) an official coroner for purposes of affirmatively 
     identifying a deceased individual (whether or not such 
     individual is deceased as a result of a crime).
       (c) Fraud in Application Process or Criminal Conduct.--
     Notwithstanding any other provision of this section, 
     information concerning whether an alien seeking relief under 
     this Act has engaged in fraud in an application for such 
     relief or at any time committed a crime may be used or 
     released for immigration enforcement, law enforcement, or 
     national security purposes.
       (d) 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. 9. HIGHER EDUCATION ASSISTANCE.

       (a) In General.--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 
     has permanent resident status on a conditional basis under 
     this Act shall be eligible only for the following assistance 
     under such title:
       (1) Student loans under parts D and E of such title IV (20 
     U.S.C. 1087a et seq. and 1087aa et seq.), subject to the 
     requirements of such parts.
       (2) Federal work-study programs under part C of such title 
     IV (42 U.S.C. 2751 et seq.), subject to the requirements of 
     such part.
       (3) Services under such title IV (20 U.S.C. 1070 et seq.), 
     subject to the requirements for such services.
       (b) Restoration of State Option to Determine Residency for 
     Purposes of Higher Education Benefits.--
       (1) In general.--Section 505 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1623) is repealed.
       (2) Effective date.--The repeal under paragraph (1) shall 
     take effect as if included in the enactment of the Illegal 
     Immigration

[[Page S2889]]

     Reform and Immigrant Responsibility Act of 1996 (division C 
     of Public Law 104-208; 110 Stat. 3009-546).
                                 ______