[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Pages S3346-S3350]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6161. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--Dream Act
SEC. 1094. SHORT TITLE.
This subtitle may be cited as the ``Dream Act of 2026''.
SEC. 1095. DEFINITIONS.
In this subtitle:
(1) In general.--Except as otherwise specifically provided,
any term used in this subtitle that is used in the
immigration laws shall have the meaning given such term in
the immigration laws.
(2) Applicable federal tax liability.--The term
``applicable Federal tax liability'' means liability for
Federal taxes imposed under the Internal Revenue Code of
1986, including any penalties and interest on Federal taxes
imposed under that Code.
(3) Armed forces.--The term ``Armed Forces'' has the
meaning given the term ``armed forces'' in section 101 of
title 10, United States Code.
(4) DACA.--The term ``DACA'' means deferred action granted
to an alien pursuant to the Deferred Action for Childhood
Arrivals program announced by President Obama on June 15,
2012.
(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) Early childhood education program.--The term ``early
childhood education program'' has the meaning given such term
in section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003).
(7) Elementary school; high school; secondary school.--The
terms ``elementary school'', ``high school'', and ``secondary
school'' have the meanings given such terms in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(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) Permanent resident status on a conditional basis.--The
term ``permanent resident status on a conditional basis''
means status as an alien lawfully admitted for permanent
residence on a conditional basis under this subtitle.
(11) Poverty line.--The term ``poverty line'' has the
meaning given such term in section 673 of the Community
Services Block Grant Act (42 U.S.C. 9902).
(12) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Homeland
Security.
(13) 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. 1096. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS
FOR CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE
UNITED STATES AS CHILDREN.
(a) Conditional Basis for Status.--Notwithstanding any
other provision of law, an
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alien shall be considered, at the time of obtaining the
status of an alien lawfully admitted for permanent residence
under this section, to have obtained such status on a
conditional basis subject to the provisions under this
subtitle.
(b) Requirements.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary shall cancel the removal of, and adjust to
the status of an alien lawfully admitted for permanent
residence on a conditional basis, an alien who is
inadmissible or deportable from the United States, is in
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
described in 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 the date that is 4 years before the
date of the enactment of this Act;
(B) the alien was younger than 18 years of age on the date
on which the alien initially entered the United States;
(C) subject to paragraphs (2) and (3), the alien--
(i) is not inadmissible under paragraph (2), (3), (6)(E),
(6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a)
of the Immigration and Nationality Act (8 U.S.C. 1182(a));
(ii) has not ordered, incited, assisted, or otherwise
participated in the persecution of any person on account of
race, religion, nationality, membership in a particular
social group, or political opinion; and
(iii) has not been convicted of--
(I) any offense under Federal or State law, other than a
State offense for which an essential element is the alien's
immigration status, that is punishable by a maximum term of
imprisonment of more than 1 year; or
(II) 3 or more offenses under Federal or State law, other
than State offenses for which an essential element is the
alien's immigration status, for which the alien was convicted
on different dates for each of the 3 offenses and imprisoned
for an aggregate of 90 days or more;
(D) the alien--
(i) has been admitted to an institution of higher
education;
(ii) has earned a high school diploma or a commensurate
alternative award from a public or private high school, or
has obtained a general education development certificate
recognized under State law or a high school equivalency
diploma in the United States;
(iii) is enrolled in secondary school or in an education
program assisting students in--
(I) obtaining a regular high school diploma or its
recognized equivalent under State law; or
(II) in passing a general educational development exam, a
high school equivalence diploma examination, or other similar
State-authorized exam; or
(iv)(I) has served, is serving, or has enlisted in the
Armed Forces; or
(II) in the case of an alien who has been discharged from
the Armed Forces, has received an honorable discharge; and
(E) the alien has sworn under penalty of perjury that the
alien--
(i) has no unpaid applicable Federal tax liability, which
is assessed and is not being disputed;
(ii) has entered into an agreement to resolve any such
assessed and undisputed Federal tax liability (via an
installment agreement, an offer in compromise, or otherwise)
which has been approved by the Commissioner of Internal
Revenue; or
(iii) has applied in good faith to enter into an agreement
to resolve any such assessed and undisputed Federal tax
liability, which has not been rejected by the Commissioner of
Internal Revenue.
(2) Waiver.--With respect to any benefit under this
subtitle, the Secretary may waive the grounds of
inadmissibility under paragraph (2), (6)(E), (6)(G), or
(10)(D) of section 212(a) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)) for humanitarian purposes or family
unity or if the waiver is otherwise in the public interest.
(3) Treatment of expunged convictions.--An expunged
conviction shall not automatically be treated as an offense
under paragraph (1). The Secretary shall evaluate expunged
convictions on a case-by-case basis according to the nature
and severity of the offense to determine whether, under the
particular circumstances, the Secretary determines that the
alien should be eligible for cancellation of removal,
adjustment to permanent resident status on a conditional
basis, or other adjustment of status.
(4) DACA recipients.--The Secretary shall cancel the
removal of, and adjust to the status of an alien lawfully
admitted for permanent residence on a conditional basis, an
alien who was granted DACA unless the alien has engaged in
conduct since the alien was granted DACA that would make the
alien ineligible for DACA.
(5) Application fee.--
(A) In general.--The Secretary may require an alien
applying for permanent resident status on a conditional basis
under this section to pay a reasonable fee that is
commensurate with the cost of processing the application.
(B) Exemption.--An applicant may be exempted from paying
the fee required under subparagraph (A) if the alien--
(i)(I) is younger than 18 years of age;
(II) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line; and
(III) is in foster care or otherwise lacking any parental
or other familial support;
(ii) is younger than 18 years of age and is homeless;
(iii)(I) cannot care for himself or herself because of a
serious, chronic disability; and
(II) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line; or
(iv)(I) during the 12-month period immediately preceding
the date on which the alien files an application under this
section, accumulated $10,000 or more in debt as a result of
unreimbursed medical expenses incurred by the alien or an
immediate family member of the alien; and
(II) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line.
(6) Submission of biometric and biographic data.--The
Secretary may not grant an alien permanent resident status on
a conditional basis under this section unless the alien
submits biometric and biographic data, in accordance with
procedures established by the Secretary. The Secretary shall
provide an alternative procedure for aliens who are unable to
provide such biometric or biographic data because of a
physical impairment.
(7) Background checks.--
(A) Requirement for background checks.--The Secretary shall
utilize biometric, biographic, and other data that the
Secretary determines appropriate--
(i) to conduct security and law enforcement background
checks of an alien seeking permanent resident status on a
conditional basis under this section; and
(ii) to determine whether there is any criminal, national
security, or other factor that would render the alien
ineligible for such status.
(B) Completion of background checks.--The security and law
enforcement background checks of an alien required under
subparagraph (A) shall be completed, to the satisfaction of
the Secretary, before the date on which the Secretary grants
such alien permanent resident status on a conditional basis
under this section.
(8) Medical examination.--
(A) Requirement.--An alien applying for permanent resident
status on a conditional basis under this section shall
undergo a medical examination.
(B) Policies and procedures.--The Secretary, with the
concurrence of the Secretary of Health and Human Services,
shall prescribe policies and procedures for the nature and
timing of the examination required under subparagraph (A).
(9) Military selective service.--An alien applying for
permanent resident status on a conditional basis under this
section shall establish that the alien has registered under
the Military Selective Service Act (50 U.S.C. 3801 et seq.),
if the alien is subject to registration under such Act.
(c) Determination of Continuous Presence.--
(1) Termination of continuous period.--Any period of
continuous physical presence in the United States of an alien
who applies for permanent resident status on a conditional
basis under this section shall not terminate when the alien
is served a notice to appear under section 239(a) of the
Immigration and Nationality Act (8 U.S.C. 1229(a)).
(2) Treatment of certain breaks in presence.--
(A) In general.--Except as provided in subparagraphs (B)
and (C), an alien shall be considered to have failed to
maintain continuous physical presence in the United States
under subsection (b)(1)(A) if the alien has departed from the
United States for any period exceeding 90 days or for any
periods, in the aggregate, exceeding 180 days.
(B) Extensions for extenuating circumstances.--The
Secretary may extend the time periods described in
subparagraph (A) for an alien who demonstrates that the
failure to timely return to the United States was due to
extenuating circumstances beyond the alien's control,
including the serious illness of the alien, or death or
serious illness of a parent, grandparent, sibling, or child
of the alien.
(C) Travel authorized by the secretary.--Any period of
travel outside of the United States by an alien that was
authorized by the Secretary may not be counted toward any
period of departure from the United States under subparagraph
(A).
(d) Limitation on Removal of Certain Aliens.--
(1) In general.--The Secretary or the Attorney General may
not remove an alien who appears prima facie eligible for
relief under this section.
(2) Aliens subject to removal.--The Secretary shall provide
a reasonable opportunity to apply for relief under this
section to any alien who requests such an opportunity or who
appears prima facie eligible for relief under this section if
the alien is in removal proceedings, is the subject of a
final removal order, or is the subject of a voluntary
departure order.
(3) Certain aliens enrolled in elementary or secondary
school.--
(A) Stay of removal.--The Attorney General shall stay the
removal proceedings of an alien who--
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(i) meets all the requirements under subparagraphs (A),
(B), and (C) of subsection (b)(1), subject to paragraphs (2)
and (3) of such subsection;
(ii) is at least 5 years of age; and
(iii) is enrolled in an elementary school, a secondary
school, or an early childhood education program.
(B) Commencement of removal proceedings.--The Secretary may
not commence removal proceedings for an alien described in
subparagraph (A).
(C) Employment.--An alien whose removal is stayed pursuant
to subparagraph (A) or who may not be placed in removal
proceedings pursuant to subparagraph (B) shall, upon
application to the Secretary, be granted an employment
authorization document.
(D) Lift of stay.--The Secretary or Attorney General may
not lift the stay granted to an alien under subparagraph (A)
unless the alien ceases to meet the requirements under such
subparagraph.
(e) Exemption From Numerical Limitations.--Nothing in this
section or in any other law may be construed to apply a
numerical limitation on the number of aliens who may be
granted permanent resident status on a conditional basis
under this subtitle.
SEC. 1097. TERMS OF PERMANENT RESIDENT STATUS ON A
CONDITIONAL BASIS.
(a) Period of Status.--Permanent resident status on a
conditional basis is--
(1) valid for a period of 8 years, unless such period is
extended by the Secretary; and
(2) subject to termination under subsection (c).
(b) Notice of Requirements.--At the time an alien obtains
permanent resident status on a conditional basis, the
Secretary shall provide notice to the alien regarding the
provisions of this subtitle and the requirements to have the
conditional basis of such status removed.
(c) Termination of Status.--The Secretary may terminate the
permanent resident status on a conditional basis of an alien
only if the Secretary--
(1) determines that the alien ceases to meet the
requirements under paragraph (1)(C) of section 1096(b),
subject to paragraphs (2) and (3) of that section; and
(2) prior to the termination, provides the alien--
(A) notice of the proposed termination; and
(B) the opportunity for a hearing to provide evidence that
the alien meets such requirements or otherwise contest the
termination.
(d) Return to Previous Immigration Status.--
(1) In general.--Except as provided in paragraph (2), an
alien whose permanent resident status on a conditional basis
expires under subsection (a)(1) or is terminated under
subsection (c) or whose application for such status is denied
shall return to the immigration status that the alien had
immediately before receiving permanent resident status on a
conditional basis or applying for such status, as
appropriate.
(2) Special rule for temporary protected status.--An alien
whose permanent resident status on a conditional basis
expires under subsection (a)(1) or is terminated under
subsection (c) or whose application for such status is denied
and who had temporary protected status under section 244 of
the Immigration and Nationality Act (8 U.S.C. 1254a)
immediately before receiving or applying for such permanent
resident status on a conditional basis, as appropriate, may
not return to such temporary protected status if--
(A) the relevant designation under section 244(b) of the
Immigration and Nationality Act (8 U.S.C. 1254a(b)) has been
terminated; or
(B) the Secretary determines that the reason for
terminating the permanent resident status on a conditional
basis renders the alien ineligible for such temporary
protected status.
SEC. 1098. 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 subtitle and grant the
alien status as an alien lawfully admitted for permanent
residence if the alien--
(A) is described in paragraph (1)(C) of section 1096(b),
subject to paragraphs (2) and (3) of that section;
(B) has not abandoned the alien's residence in the United
States; and
(C)(i) has acquired a degree from an institution of higher
education or has completed at least 2 years, in good
standing, in a program for a bachelor's degree or higher
degree in the United States;
(ii) has served in the Armed Forces for at least 2 years
and, if discharged, received an honorable discharge; or
(iii) has been employed for periods totaling at least 3
years and at least 75 percent of the time that the alien has
had a valid employment authorization, except that any period
during which the alien is not employed while having a valid
employment authorization and is enrolled in an institution of
higher education, a secondary school, or an education program
described in section 1096(b)(1)(D)(iii), shall not count
toward the time requirements under this clause.
(2) Hardship exception.--The Secretary shall remove the
conditional basis of an alien's permanent resident status and
grant the alien status as an alien lawfully admitted for
permanent residence if the alien--
(A) satisfies the requirements under subparagraphs (A) and
(B) of paragraph (1);
(B) demonstrates compelling circumstances for the inability
to satisfy the requirements under subparagraph (C) of such
paragraph; and
(C) demonstrates that--
(i) the alien has a disability;
(ii) the alien is a full-time caregiver of a minor child;
or
(iii) the removal of the alien from the United States would
result in extreme hardship to the alien or the alien's
spouse, parent, or child who is a national of the United
States or is lawfully admitted for permanent residence.
(3) Citizenship requirement.--
(A) In general.--Except as provided in subparagraph (B),
the conditional basis of an alien's permanent resident status
granted under this subtitle may not be removed unless the
alien demonstrates that the alien satisfies the requirements
under section 312(a) of the Immigration and Nationality Act
(8 U.S.C. 1423(a)).
(B) Exception.--Subparagraph (A) shall not apply to an
alien who is unable to meet the requirements under such
section 312(a) due to disability.
(4) Application fee.--
(A) In general.--The Secretary may require aliens applying
for lawful permanent resident status under this section to
pay a reasonable fee that is commensurate with the cost of
processing the application.
(B) Exemption.--An applicant may be exempted from paying
the fee required under subparagraph (A) if the alien--
(i)(I) is younger than 18 years of age;
(II) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line; and
(III) is in foster care or otherwise lacking any parental
or other familial support;
(ii) is younger than 18 years of age and is homeless;
(iii)(I) cannot care for himself or herself because of a
serious, chronic disability; and
(II) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line; or
(iv)(I) during the 12-month period immediately preceding
the date on which the alien files an application under this
section, the alien accumulated $10,000 or more in debt as a
result of unreimbursed medical expenses incurred by the alien
or an immediate family member of the alien; and
(II) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line.
(5) Submission of biometric and biographic data.--The
Secretary may not remove the conditional basis of an alien's
permanent resident status unless the alien submits biometric
and biographic data, in accordance with procedures
established by the Secretary. The Secretary shall provide an
alternative procedure for applicants who are unable to
provide such biometric data because of a physical impairment.
(6) Background checks.--
(A) Requirement for background checks.--The Secretary shall
utilize biometric, biographic, and other data that the
Secretary determines appropriate--
(i) to conduct security and law enforcement background
checks of an alien applying for removal of the conditional
basis of the alien's permanent resident status; and
(ii) to determine whether there is any criminal, national
security, or other factor that would render the alien
ineligible for removal of such conditional basis.
(B) Completion of background checks.--The security and law
enforcement background checks of an alien required under
subparagraph (A) shall be completed, to the satisfaction of
the Secretary, before the date on which the Secretary removes
the conditional basis of the alien's permanent resident
status.
(b) Treatment for Purposes of Naturalization.--
(1) In general.--For purposes of title III of the
Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an
alien granted permanent resident status on a conditional
basis shall be considered to have been admitted to the United
States, and be present in the United States, as an alien
lawfully admitted for permanent residence.
(2) Limitation on application for naturalization.--An alien
may not apply for naturalization while the alien is in
permanent resident status on a conditional basis.
SEC. 1099. DOCUMENTATION REQUIREMENTS.
(a) Documents Establishing Identity.--An alien's
application for permanent resident status on a conditional
basis may include, as proof of identity--
(1) a passport or national identity document from the
alien's country of origin that includes the alien's name and
the alien's photograph or fingerprint;
(2) the alien's birth certificate and an identity card that
includes the alien's name and photograph;
(3) a school identification card that includes the alien's
name and photograph, and school records showing the alien's
name and that the alien is or was enrolled at the school;
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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; or
(6) a State-issued identification card bearing the alien's
name and photograph.
(b) Documents Establishing Continuous Physical Presence in
the United States.--To establish that an alien has been
continuously physically present in the United States, as
required under section 1096(b)(1)(A), or to establish that an
alien has not abandoned residence in the United States, as
required under section 1098(a)(1)(B), the alien may submit
documents to the Secretary, including--
(1) employment records that include the employer's name and
contact information;
(2) records from any educational institution the alien has
attended in the United States;
(3) records of service from the Uniformed Services;
(4) official records from a religious entity confirming the
alien's participation in a religious ceremony;
(5) passport entries;
(6) a birth certificate for a child who was born in the
United States;
(7) automobile license receipts or registration;
(8) deeds, mortgages, or rental agreement contracts;
(9) tax receipts;
(10) insurance policies;
(11) remittance records;
(12) rent receipts or utility bills bearing the alien's
name or the name of an immediate family member of the alien,
and the alien's address;
(13) copies of money order receipts for money sent in or
out of the United States;
(14) dated bank transactions; or
(15) 2 or more sworn affidavits from individuals who are
not related to the alien who have direct knowledge of the
alien's continuous physical presence in the United States,
that contain--
(A) the name, address, and telephone number of the affiant;
and
(B) the nature and duration of the relationship between the
affiant and the alien.
(c) Documents Establishing Initial Entry Into the United
States.--To establish under section 1096(b)(1)(B) that an
alien was younger than 18 years of age on the date on which
the alien initially entered the United States, an alien may
submit documents to the Secretary, including--
(1) an admission stamp on the alien's passport;
(2) records from any educational institution the alien has
attended in the United States;
(3) any document from the Department of Justice or the
Department of Homeland Security stating the alien's date of
entry into the United States;
(4) hospital or medical records showing medical treatment
or hospitalization, the name of the medical facility or
physician, and the date of the treatment or hospitalization;
(5) rent receipts or utility bills bearing the alien's name
or the name of an immediate family member of the alien, and
the alien's address;
(6) employment records that include the employer's name and
contact information;
(7) official records from a religious entity confirming the
alien's participation in a religious ceremony;
(8) a birth certificate for a child who was born in the
United States;
(9) automobile license receipts or registration;
(10) deeds, mortgages, or rental agreement contracts;
(11) tax receipts;
(12) travel records;
(13) copies of money order receipts sent in or out of the
country;
(14) dated bank transactions;
(15) remittance records; or
(16) insurance policies.
(d) Documents Establishing Admission to an Institution of
Higher Education.--To establish that an alien has been
admitted to an institution of higher education, the alien
shall submit to the Secretary a document from the institution
of higher education certifying that the alien--
(1) has been admitted to the institution; or
(2) is currently enrolled in the institution as a student.
(e) Documents Establishing Receipt of a Degree From an
Institution of Higher Education.--To establish that an alien
has acquired a degree from an institution of higher education
in the United States, the alien shall submit to the Secretary
a diploma or other document from the institution stating that
the alien has received such a degree.
(f) Documents Establishing Receipt of High School Diploma,
General Educational Development Certificate, or a Recognized
Equivalent.--To establish that an alien has earned a high
school diploma or a commensurate alternative award from a
public or private high school, or has obtained a general
educational development certificate recognized under State
law or a high school equivalency diploma in the United
States, the alien shall submit to the Secretary--
(1) a high school diploma, certificate of completion, or
other alternate award;
(2) a high school equivalency diploma or certificate
recognized under State law; or
(3) evidence that the alien passed a State-authorized exam,
including the general educational development exam, in the
United States.
(g) Documents Establishing Enrollment in an Educational
Program.--To establish that an alien is enrolled in any
school or education program described in section
1096(b)(1)(D)(iii), 1096(d)(3)(A)(iii), or 1098(a)(1)(C), the
alien shall submit school records from the United States
school that the alien is currently attending that include--
(1) the name of the school; and
(2) the alien's name, periods of attendance, and current
grade or educational level.
(h) Documents Establishing Exemption From Application
Fees.--To establish that an alien is exempt from an
application fee under section 1096(b)(5)(B) or 1098(a)(4)(B),
the alien shall submit to the Secretary the following
relevant documents:
(1) Documents to establish age.--To establish that an alien
meets an age requirement, the alien shall provide proof of
identity, as described in subsection (a), that establishes
that the alien is younger than 18 years of age.
(2) Documents to establish income.--To establish the
alien's income, the alien shall provide--
(A) employment records that have been maintained by the
Social Security Administration, the Internal Revenue Service,
or any other Federal, State, or local government agency;
(B) bank records; or
(C) at least 2 sworn affidavits from individuals who are
not related to the alien and who have direct knowledge of the
alien's work and income that contain--
(i) the name, address, and telephone number of the affiant;
and
(ii) the nature and duration of the relationship between
the affiant and the alien.
(3) Documents to establish foster care, lack of familial
support, homelessness, or serious, chronic disability.--To
establish that the alien was in foster care, lacks parental
or familial support, is homeless, or has a serious, chronic
disability, the alien shall provide at least 2 sworn
affidavits from individuals who are not related to the alien
and who have direct knowledge of the circumstances that
contain--
(A) a statement that the alien is in foster care, otherwise
lacks any parental or other familiar support, is homeless, or
has a serious, chronic disability, as appropriate;
(B) the name, address, and telephone number of the affiant;
and
(C) the nature and duration of the relationship between the
affiant and the alien.
(4) Documents to establish unpaid medical expense.--To
establish that the alien has debt as a result of unreimbursed
medical expenses, the alien shall provide receipts or other
documentation from a medical provider that--
(A) bear the provider's name and address;
(B) bear the name of the individual receiving treatment;
and
(C) document that the alien has accumulated $10,000 or more
in debt in the past 12 months as a result of unreimbursed
medical expenses incurred by the alien or an immediate family
member of the alien.
(i) Documents Establishing Qualification for Hardship
Exemption.--To establish that an alien satisfies one of the
criteria for the hardship exemption set forth in section
1098(a)(2)(C), the alien shall submit to the Secretary at
least 2 sworn affidavits from individuals who are not related
to the alien and who have direct knowledge of the
circumstances that warrant the exemption, that contain--
(1) the name, address, and telephone number of the affiant;
and
(2) the nature and duration of the relationship between the
affiant and the alien.
(j) Documents Establishing Service in the Armed Forces.--To
establish that an alien has served in the Armed Forces for at
least 2 years and, if discharged, received an honorable
discharge, the alien shall submit to the Secretary official
service records showing the character of the alien's service.
(k) Documents Establishing Employment.--
(1) In general.--An alien may satisfy the employment
requirement under section 1098(a)(1)(C)(iii) by submitting
records that--
(A) establish compliance with such employment requirement;
and
(B) have been maintained by the Social Security
Administration, the Internal Revenue Service, or any other
Federal, State, or local government agency.
(2) Other documents.--An alien who is unable to submit the
records described in paragraph (1) may satisfy the employment
requirement by submitting at least 2 types of reliable
documents that provide evidence of employment, including--
(A) bank records;
(B) business records;
(C) employer records;
(D) records of a labor union, day labor center, or
organization that assists workers in employment;
(E) sworn affidavits from individuals who are not related
to the alien and who have direct knowledge of the alien's
work, that contain--
(i) the name, address, and telephone number of the affiant;
and
(ii) the nature and duration of the relationship between
the affiant and the alien; and
(F) remittance records.
(l) Authority To Prohibit Use of Certain Documents.--If the
Secretary determines, after publication in the Federal
Register and
[[Page S3350]]
an opportunity for public comment, that any document or class
of documents does not reliably establish identity or that
permanent resident status on a conditional basis is being
obtained fraudulently to an unacceptable degree, the
Secretary may prohibit or restrict the use of such document
or class of documents.
SEC. 1099A. RULEMAKING.
(a) Initial Publication.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall
publish regulations implementing this subtitle in the Federal
Register. Such regulations shall allow eligible individuals
to immediately apply affirmatively for the relief available
under section 1096 without being placed in removal
proceedings.
(b) Interim Regulations.--Notwithstanding section 553 of
title 5, United States Code, the regulations published
pursuant to subsection (a) shall be effective, on an interim
basis, immediately upon publication in the Federal Register,
but may be subject to change and revision after public notice
and opportunity for a period of public comment.
(c) Final Regulations.--Not later than 180 days after the
date on which interim regulations are published under this
section, the Secretary shall publish final regulations
implementing this subtitle.
(d) Paperwork Reduction Act.--The requirements under
chapter 35 of title 44, United States Code (commonly known as
the ``Paperwork Reduction Act''), shall not apply to any
action to implement this subtitle.
SEC. 1099B. CONFIDENTIALITY OF INFORMATION.
(a) In General.--The Secretary may not disclose or use
information provided in applications filed under this
subtitle or in requests for DACA for the purpose of
immigration enforcement.
(b) Referrals Prohibited.--The Secretary may not refer any
individual who has been granted permanent resident status on
a conditional basis or who was granted DACA to U.S.
Immigration and Customs Enforcement, U.S. Customs and Border
Protection, or any designee of either such entity.
(c) Limited Exception.--Notwithstanding subsections (a) and
(b), information provided in an application for permanent
resident status on a conditional basis or a request for DACA
may be shared with Federal security and law enforcement
agencies--
(1) for assistance in the consideration of an application
for permanent resident status on a conditional basis;
(2) to identify or prevent fraudulent claims;
(3) for national security purposes; or
(4) for the investigation or prosecution of any felony not
related to immigration status.
(d) Penalty.--Any person who knowingly uses, publishes, or
permits information to be examined in violation of this
section shall be fined not more than $10,000.
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