[Congressional Record Volume 171, Number 7 (Tuesday, January 14, 2025)]
[Senate]
[Pages S147-S153]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 36. Mr. DURBIN (for himself, Mr. Padilla, Ms. Cortez Masto, Mr.
Hickenlooper, Mr. Wyden, Mr. Van Hollen, Mr. Peters, Ms. Baldwin, Mr.
Blumenthal, Mr. Kaine, Mr. Schiff, and Mr. Booker) submitted an
amendment intended to be proposed by him to the bill S. 5, to require
the Secretary of Homeland Security to take into custody aliens who have
been charged in the United States with theft, and for other purposes;
which was ordered to lie on the table; as follows:
At the end, add the following:
[[Page S148]]
DIVISION B--AMERICAN DREAM AND PROMISE ACT OF 2025
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``American Dream and Promise Act of 2025''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION B--AMERICAN DREAM AND PROMISE ACT OF 2025
Sec. 1. Short title; table of contents.
TITLE I--DREAM ACT OF 2025
Sec. 101. Short title.
Sec. 102. Permanent resident status on a conditional basis for certain
long-term residents who entered the United States as
children.
Sec. 103. Terms of permanent resident status on a conditional basis.
Sec. 104. Removal of conditional basis of permanent resident status.
Sec. 105. Restoration of State option to determine residency for
purposes of higher education benefits.
TITLE II--AMERICAN PROMISE ACT OF 2025
Sec. 201. Short title.
Sec. 202. Adjustment of status for certain nationals of certain
countries designated for temporary protected status or
deferred enforced departure.
Sec. 203. Clarification.
TITLE III--GENERAL PROVISIONS
Sec. 301. Definitions.
Sec. 302. Submission of biometric and biographic data; background
checks.
Sec. 303. Limitation on removal; application and fee exemption; and
other conditions on eligible individuals.
Sec. 304. Determination of continuous presence and residence.
Sec. 305. Exemption from numerical limitations.
Sec. 306. Availability of administrative and judicial review.
Sec. 307. Documentation requirements.
Sec. 308. Rulemaking.
Sec. 309. Confidentiality of information.
Sec. 310. Grant program to assist eligible applicants.
Sec. 311. Provisions affecting eligibility for adjustment of status.
Sec. 312. Supplementary surcharge for appointed counsel.
Sec. 313. Annual report on provisional denial authority.
TITLE I--DREAM ACT OF 2025
SEC. 101. SHORT TITLE.
This title may be cited as the ``Dream Act of 2025''.
SEC. 102. 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
104(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 104(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, subject to an exemption
under section 303(c), 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
$495.00.
(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 104(c)(2). Such
procedure shall not include a requirement that the applicant
pay a fee, except that the Secretary may require an applicant
who meets the requirements for lawful permanent residence
without the conditional basis under section 104(c)(2) to pay
a fee that is commensurate with the cost of processing the
application, subject to the exemption under section 303(c).
(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 302 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 104(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
104(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) three 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
[[Page S149]]
(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 104(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 division, 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.
(iii) Appointed counsel.--Notwithstanding any other
provision of law, an applicant seeking judicial review under
clause (i) shall be represented by counsel. Upon the request
of the applicant, counsel shall be appointed for the
applicant, in accordance with procedures to be established by
the Attorney General within 90 days of the date of the
enactment of this Act, and shall be funded in accordance with
fees collected and deposited in the Immigration Counsel
Account under section 312.
(4) Definitions.--For purposes of this subsection--
(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.).
SEC. 103. 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 102(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.
SEC. 104. 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 102(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 has completed at least 2 years, in good
standing, of a program in the United States leading to a
bachelor's degree or higher degree 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 2
years and, if discharged, received an honorable discharge; or
(iii) demonstrates earned income for periods totaling at
least 3 years and at least 75 percent of the time that the
alien has had a valid employment authorization, except that,
in the case of an alien who was enrolled in an institution of
higher education, an area
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career and technical education school to obtain a recognized
postsecondary credential, or an education program described
in section 102(b)(1)(D)(iii), the Secretary shall reduce such
total 3-year requirement by the total of such periods of
enrollment.
(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, subject to an
exemption under section 303(c), 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 302 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 102(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 102(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), subject to the exemption allowed
under section 303(c), but shall not be required to pay the
application fee under section 102(b)(3).
SEC. 105. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY
FOR PURPOSES OF HIGHER EDUCATION BENEFITS.
(a) In General.--Section 505 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1623) is repealed.
(b) Effective Date.--The repeal under subsection (a) shall
take effect as if included in the original enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (division C of Public Law 104-208; 110 Stat. 3009-
546).
TITLE II--AMERICAN PROMISE ACT OF 2025
SEC. 201. SHORT TITLE.
This title may be cited as the ``American Promise Act of
2025''.
SEC. 202. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF
CERTAIN COUNTRIES DESIGNATED FOR TEMPORARY
PROTECTED STATUS OR DEFERRED ENFORCED
DEPARTURE.
(a) In General.--Notwithstanding any other provision of
law, the Secretary or the Attorney General shall adjust to
the status of an alien lawfully admitted for permanent
residence, an alien described in subsection (b) if the
alien--
(1) applies for such adjustment, including submitting any
required documents under section 307, not later than 3 years
after the date of the enactment of this Act;
(2) has been continuously physically present in the United
States for a period of not less than 3 years; and
(3) subject to subsection (c), is not inadmissible under
paragraph (1), (2), (3), (6)(D), (6)(E), (6)(F), (6)(G), (8),
or (10) of section 212(a) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)).
(b) Aliens Eligible for Adjustment of Status.--An alien
shall be eligible for adjustment of status under this section
if the alien is an individual--
(1) who--
(A) is a national of a foreign state (or part thereof) (or
in the case of an alien having no nationality, is a person
who last habitually resided in such state) with a designation
under subsection (b) of section 244 of the Immigration and
Nationality Act (8 U.S.C. 1254a(b)) on January 1, 2017, who
had or was otherwise eligible for temporary protected status
on such date notwithstanding subsections (c)(1)(A)(iv) and
(c)(3)(C) of such section; and
(B) has not engaged in conduct since such date that would
render the alien ineligible for temporary protected status
under section 244(c)(2) of the Immigration and Nationality
Act (8 U.S.C. 1245a(c)(2)); or
(2) who was eligible for Deferred Enforced Departure as of
January 20, 2021, and has not engaged in conduct since that
date that would render the alien ineligible for Deferred
Enforced Departure.
(c) Waiver of Grounds of Inadmissibility.--
(1) In general.--Except as provided in paragraph (2), with
respect to any benefit under this title, and in addition to
any waivers that are otherwise available, the Secretary may
waive the grounds of inadmissibility under paragraph (1),
subparagraphs (A), (C), and (D) of paragraph (2),
subparagraphs (D) through (G) of paragraph (6), or paragraph
(10)(D) of section 212(a) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)) for humanitarian purposes, for family
unity, or because the waiver is otherwise in the public
interest.
(2) Exception.--The Secretary may not waive a ground
described in paragraph (1) if such inadmissibility is based
on a conviction or convictions, and such conviction or
convictions would otherwise render the alien ineligible under
section 244(c)(2)(B) of the Immigration and Nationality Act
(8 U.S.C. 1254a(c)(2)(B)).
(d) Application.--
(1) Fee.--The Secretary shall, subject to an exemption
under section 303(c), require an alien applying for
adjustment of status under this section to pay a reasonable
fee that is commensurate with the cost of processing the
application, but does not exceed $1,140.
(2) Background checks.--The Secretary may not grant an
alien permanent resident status on a conditional basis under
this section until the requirements of section 302 are
satisfied.
(3) Withdrawal of application.--The Secretary of Homeland
Security shall, upon receipt of a request to withdraw an
application for adjustment of status under this section,
cease processing of the application and close the case.
Withdrawal of the application under this subsection shall not
prejudice any future application filed by the applicant for
any immigration benefit under this title or under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
SEC. 203. CLARIFICATION.
Section 244(f)(4) of the Immigration and Nationality Act (8
U.S.C. 1254a(f)(4)) is amended by inserting after
``considered'' the following: ``as having been inspected and
admitted into the United States, and''.
TITLE III--GENERAL PROVISIONS
SEC. 301. 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) Federal poverty line.--The term ``Federal poverty
line'' has the meaning given such term in section 213A(h) of
the Immigration and Nationality Act (8 U.S.C. 1183a).
[[Page S151]]
(7) 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).
(8) 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)).
(9) 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.
(10) 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).
(11) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Homeland
Security.
(12) 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.
SEC. 302. 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.
SEC. 303. LIMITATION ON REMOVAL; APPLICATION AND FEE
EXEMPTION; 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 306(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) Fee Exemption.--An applicant may be exempted from
paying an application fee required under this division if the
applicant--
(1) is 18 years of age or younger;
(2) received total income, during the 12-month period
immediately preceding the date on which the applicant files
an application under this division, that is less than 150
percent of the Federal poverty line;
(3) is in foster care or otherwise lacks any parental or
other familial support; or
(4) cannot care for himself or herself because of a
serious, chronic disability.
(d) 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
division.
(e) Employment.--An alien whose removal is stayed pursuant
to this division, who may not be placed in removal
proceedings pursuant to this Act, or who has pending an
application under this division, shall, upon application to
the Secretary, be granted an employment authorization
document.
SEC. 304. 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
104(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 319 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 4 years prior to
such removal or departure, the Secretary may, as a matter of
discretion, waive the physical presence requirement under
section 102(b)(1)(A) or section 202(a)(2) for humanitarian
purposes, for family unity, or because a waiver is otherwise
in the public interest. The Secretary, in consultation with
the Secretary of State, shall establish a procedure for such
aliens to apply for relief under section 102 or 202 from
outside the United States if they would have been eligible
for relief under such section, but for their removal or
departure.
SEC. 305. 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 104(c)(2)).
SEC. 306. 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 division.
(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.
SEC. 307. 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 104(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.
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(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 102(b)(1)(B), that an alien has
been continuously physically present in the United States, as
required under section 102(b)(1)(A) or 202(a)(2), or that an
alien has not abandoned residence in the United States, as
required under section 104(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
102(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
102(b)(1)(D)(iv) or 104(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
104(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 104(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 104(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.
SEC. 308. RULEMAKING.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall publish in the
Federal Register interim final rules implementing this
division, which shall allow eligible individuals to
immediately apply for relief under this division.
Notwithstanding section 553 of
[[Page S153]]
title 5, United States Code, the regulation shall be
effective, on an interim basis, immediately upon publication,
but may be subject to change and revision after public notice
and opportunity for a period of public comment. The Secretary
shall finalize such rules not later than 180 days after the
date of publication.
(b) Paperwork Reduction Act.--The requirements under
chapter 35 of title 44, United States Code, (commonly known
as the ``Paperwork Reduction Act'') shall not apply to any
action to implement this division.
SEC. 309. 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.
SEC. 310. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.
(a) Establishment.--The Secretary shall establish, within
U.S. Citizenship and Immigration Services, a program to award
grants, on a competitive basis, to eligible nonprofit
organizations that will use the funding to assist eligible
applicants under this division by providing them with the
services described in subsection (b).
(b) Use of Funds.--Grant funds awarded under this section
shall be used for the design and implementation of programs
that provide--
(1) information to the public regarding the eligibility and
benefits of permanent resident status under this division
(whether on a conditional basis, or without the conditional
basis as provided in section 104(c)(2)), particularly to
individuals potentially eligible for such status;
(2) assistance, within the scope of authorized practice of
immigration law, to individuals submitting applications for
adjustment of status under this division (whether on a
conditional basis, or without the conditional basis as
provided in section 104(c)(2)), including--
(A) screening prospective applicants to assess their
eligibility for such status;
(B) completing applications and petitions, including
providing assistance in obtaining the requisite documents and
supporting evidence; and
(C) providing any other assistance that the Secretary or
grantee considers useful or necessary to apply for adjustment
of status under this division (whether on a conditional
basis, or without the conditional basis as provided in
section 104(c)(2)); and
(3) assistance, within the scope of authorized practice of
immigration law, and instruction, to individuals--
(A) on the rights and responsibilities of United States
citizenship;
(B) in civics and English as a second language;
(C) in preparation for the General Education Development
test; and
(D) in applying for adjustment of status and United States
citizenship.
(c) Authorization of Appropriations.--
(1) Amounts authorized.--There are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 2024 through 2034 to carry out this section.
(2) Availability.--Any amounts appropriated pursuant to
paragraph (1) shall remain available until expended.
SEC. 311. 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 104(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.
SEC. 312. SUPPLEMENTARY SURCHARGE FOR APPOINTED COUNSEL.
(a) In General.--Except as provided in section 302 and in
cases where the applicant is exempt from paying a fee under
section 303(c), in any case in which a fee is charged
pursuant to this division, an additional surcharge of $25
shall be imposed and collected for the purpose of providing
appointed counsel to applicants seeking judicial review of
the Secretary's decision to provisionally deny an application
under this division.
(b) Immigration Counsel Account.--There is established in
the general fund of the Treasury a separate account which
shall be known as the ``Immigration Counsel Account''. Fees
collected under subsection (a) shall be deposited into the
Immigration Counsel Account and shall remain available until
expended for purposes of providing appointed counsel as
required under this division.
(c) Report.--At the end of each 2-year period, beginning
with the establishment of this account, the Secretary of
Homeland Security shall submit a report to the Congress
concerning the status of the account, including any balances
therein, and recommend any adjustment in the prescribed fee
that may be required to ensure that the receipts collected
from the fee charged for the succeeding two years equal, as
closely as possible, the cost of providing appointed counsel
as required under this division.
SEC. 313. ANNUAL REPORT ON PROVISIONAL DENIAL AUTHORITY.
Not later than 1 year after the date of the enactment of
this Act, and annually thereafter, the Secretary of Homeland
Security shall submit to the Congress a report detailing the
number of applicants that receive--
(1) a provisional denial under this division;
(2) a final denial under this division without seeking
judicial review;
(3) a final denial under this division after seeking
judicial review; and
(4) an approval under this division after seeking judicial
review.
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