[House Report 116-98]
[From the U.S. Government Publishing Office]


116th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {       116-98

======================================================================



 
                           DREAM ACT OF 2019

                                _______
                                

  May 30, 2019.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Nadler, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 2820]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 2820) to authorize the cancellation of removal and 
adjustment of status of certain individuals who are long-term 
United States residents and entered the United States as 
children, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................    13
Background and Need for the Legislation..........................    14
Hearings.........................................................    17
Committee Consideration..........................................    17
Committee Votes..................................................    17
Committee Oversight Findings.....................................    40
Committee Estimate of Budgetary Effects..........................    40
New Budget Authority, Entitlement Authority, and Tax Expenditures    40
Congressional Budget Office Cost Estimate........................    40
Duplication of Federal Programs..................................    43
Performance Goals and Objectives.................................    43
Advisory on Earmarks.............................................    43
Section-by-Section Analysis......................................    43
Dissenting Views.................................................    50

    The amendment is as follows:
  Strike all that follows after the enacting clause and insert 
the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Dream Act of 2019''.

   TITLE I--TREATMENT OF CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE 
                       UNITED STATES AS CHILDREN

SEC. 101. 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 103(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 Act.
  (b) Requirements.--
          (1) In general.--Notwithstanding any other provision of law, 
        the Secretary or the Attorney General shall cancel the removal 
        of, and 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 103(c)(2), an alien 
        who is inadmissible or deportable from the United States (or is 
        under a grant of Deferred Enforced Departure or has temporary 
        protected status under section 244 of the Immigration and 
        Nationality Act (8 U.S.C. 1254a)) 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 entered the United States and 
                has continuously resided in the United States since 
                such entry;
                  (C) the alien--
                          (i) subject to section 203(d), 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 Act 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) Application fee.--
                  (A) In general.--The Secretary may, subject to an 
                exemption under section 203(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 procedure 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 
                cancellation of removal and 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 
                103(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 103(c)(2) to pay a fee 
                that is commensurate with the cost of processing the 
                application, subject to the exemption under section 
                203(c).
          (3) Background checks.--The Secretary may not grant an alien 
        permanent resident status on a conditional basis under this 
        section until the requirements of section 202 are satisfied.
          (4) 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 103(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 Act (whether on a conditional basis or without the 
        conditional basis as provided in section 103(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) 3 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 
                        Act; or
                          (ii) up to two misdemeanor offenses if the 
                        alien has not been convicted of any offense in 
                        the 10-year period preceding the date on which 
                        the alien applies for adjustment of status 
                        under this Act.
          (3) Authority to conduct secondary review.--
                  (A) In general.--Notwithstanding an alien's 
                eligibility for adjustment of status under this Act, 
                and subject to the procedures described in this 
                paragraph, the Secretary of Homeland Security 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 103(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 of Homeland Security 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 of Homeland Security 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 
                        of Homeland Security shall, upon a motion filed 
                        by the alien, reopen an application for 
                        adjustment of status under this Act and allow 
                        the applicant an opportunity to respond, 
                        consistent with clause (i)(II).
                  (G) Judicial review.--An alien is entitled to 
                judicial review of the Secretary's decision to 
                provisionally deny an application under this paragraph 
                in accordance with the procedures described in section 
                206(c).
          (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;
                  (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; and
                  (D) the term ``convicted'' or ``conviction'' does not 
                include a judgment that has been expunged or set aside, 
                that resulted in a rehabilitative disposition, or the 
                equivalent.
  (d) Limitation on Removal of Certain Alien Minors.--An alien who is 
under 18 years of age 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 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 Act or under the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

SEC. 102. 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 Act 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 101(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. 103. 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 Act and grant the alien 
        status as an alien lawfully admitted for permanent residence if 
        the alien--
                  (A) is described in section 101(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 career and technical education school to obtain a 
                recognized postsecondary credential, or an education 
                program described in section 101(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 Act 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 203(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 check.--The Secretary may not remove the 
        conditional basis of an alien's permanent resident status until 
        the requirements of section 202 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 Act 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 
                cancel the removal of, and 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 101(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 
                        Act.
                  (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 101(b)(3) 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 203(c), 
                but shall not be required to pay the application fee 
                under section 101(b)(2).

                      TITLE II--GENERAL PROVISIONS

SEC. 201. DEFINITIONS.

  In this Act:
          (1) In general.--Except as otherwise specifically provided, 
        any term used in this Act 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'' mean 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).
          (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.

SEC. 202. 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 Act, 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 
Act, 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. 203. LIMITATION ON REMOVAL; APPLICATION AND FEE EXEMPTION; WAIVER 
                    OF GROUNDS FOR INADMISSIBILITY AND OTHER CONDITIONS 
                    ON ELIGIBLE INDIVIDUALS.

  (a) Limitation on Removal.--An alien who appears to be prima facie 
eligible for relief under this Act shall be given a reasonable 
opportunity to apply for such relief and may not be removed until, 
subject to section 206(c), 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 Act. 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 Act if the applicant--
          (1) is younger than 18 years of age;
          (2) received total income, during the 12-month period 
        immediately preceding the date on which the applicant files an 
        application under this Act, 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) Waiver of Grounds of Inadmissibility.--With respect to any 
benefit under this Act, and in addition to the waivers under section 
101(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.
  (e) Advance Parole.--During the period beginning on the date on which 
an alien applies for adjustment of status under this Act 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 
section.
  (f) Employment.--An alien whose removal is stayed pursuant to this 
Act, who may not be placed in removal proceedings pursuant to this Act, 
or who has pending an application under this Act, shall, upon 
application to the Secretary, be granted an employment authorization 
document.

SEC. 204. 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 Act (whether on a 
conditional basis or without the conditional basis as provided in 
section 103(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 Act 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 Act 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 the serious illness of the alien, or 
        death or serious illness of a parent, grandparent, sibling, or 
        child of the alien.
          (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 101(b)(1)(A) for humanitarian purposes, for family unity, or 
because a waiver is otherwise in the public interest. The Secretary, in 
consultation with the Secretary of State, shall establish a procedure 
for such aliens to apply for relief under section 101 from outside the 
United States if they would have been eligible for relief under such 
section, but for their removal or departure.

SEC. 205. EXEMPTION FROM NUMERICAL LIMITATIONS.

  Nothing in this Act 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 Act (whether on a conditional 
basis, or without the conditional basis as provided in section 
103(c)(2)).

SEC. 206. 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 Act 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 Act in an appropriate United 
States district court.
  (c) Judicial Review of a Provisional Denial.--
          (1) In general.--Notwithstanding any other provision of law, 
        if, after notice and the opportunity to respond under section 
        101(c)(3)(E), the Secretary provisionally denies an application 
        for adjustment of status under this Act, the alien shall have 
        60 days from the date of the Secretary's determination to seek 
        review of such determination in an appropriate United States 
        district court.
          (2) 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.
          (3) Appointed counsel.--Notwithstanding any other provision 
        of law, an applicant seeking judicial review under paragraph 
        (1) 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 212.
  (d) Stay of Removal.--
          (1) In general.--Except as provided in paragraph (2), an 
        alien seeking administrative or judicial review under this Act 
        may not be removed from the United States until a final 
        decision is rendered establishing that the alien is ineligible 
        for adjustment of status under this Act.
          (2) Exception.--The Secretary may remove an alien described 
        in paragraph (1) pending judicial review if such removal is 
        based on criminal or national security grounds described in 
        this Act. Such removal shall not affect the alien's right to 
        judicial review under this Act. The Secretary shall promptly 
        return a removed alien if a decision to deny an application for 
        adjustment of status under this Act, or to revoke such status, 
        is reversed.

SEC. 207. DOCUMENTATION REQUIREMENTS.

  (a) Documents Establishing Identity.--An alien's application for 
permanent resident status under this Act (whether on a conditional 
basis, or without the conditional basis as provided in section 
103(c)(2)) may include, as evidence of identity, the following:
          (1) A passport or national identity document from the alien's 
        country of origin that includes the alien's name and the 
        alien's photograph or fingerprint.
          (2) The alien's birth certificate and an identity card that 
        includes the alien's name and photograph.
          (3) A school identification card that includes the alien's 
        name and photograph, and school records showing the alien's 
        name and that the alien is or was enrolled at the school.
          (4) A Uniformed Services identification card issued by the 
        Department of Defense.
          (5) Any immigration or other document issued by the United 
        States Government bearing the alien's name and photograph.
          (6) A State-issued identification card bearing the alien's 
        name and photograph.
          (7) Any other evidence determined to be credible by the 
        Secretary.
  (b) Documents Establishing Entry, Continuous Physical Presence, Lack 
of Abandonment of Residence.--To establish that an alien was younger 
than 18 years of age 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 101(b)(1)(B), that an alien has been 
continuously physically present in the United States, as required under 
section 101(b)(1)(A), or that an alien has not abandoned residence in 
the United States, as required under section 103(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 101(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 101(b)(1)(D)(iv) or 103(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 section 
203(c), 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 younger than 18 years of age.
          (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 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, 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 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, 
                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 103(a)(2)(C), the alien may 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.
  (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 103(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 2 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 Act (whether on a conditional basis, or without the 
conditional basis as provided in section 103(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. 208. RULE MAKING.

  (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 Act, which shall allow 
eligible individuals to immediately apply for relief under section 101 
or 103(c)(2). Notwithstanding section 553 of 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 Act.

SEC. 209. 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 Act 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 Act 
(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 Act 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 Act;
          (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. 210. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.

  (a) Establishment.--The Secretary of Homeland Security 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 Act 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 Act (whether 
        on a conditional basis, or without the conditional basis as 
        provided in section 103(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 Act (whether on a conditional 
        basis, or without the conditional basis as provided in section 
        103(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 Act (whether on a 
                conditional basis, or without the conditional basis as 
                provided in section 103(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 2020 through 2030 to carry out this section.
          (2) Availability.--Any amounts appropriated pursuant to 
        paragraph (1) shall remain available until expended.

SEC. 211. PROVISIONS AFFECTING ELIGIBILITY FOR ADJUSTMENT OF STATUS.

  An alien's eligibility to be lawfully admitted for permanent 
residence under this Act (whether on a conditional basis, or without 
the conditional basis as provided in section 103(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. 212. SUPPLEMENTARY SURCHARGE FOR APPOINTED COUNSEL.

  (a) In General.--Except as provided in section 202 and in cases where 
the applicant is exempt from paying a fee under section 203(c), in any 
case in which a fee is charged pursuant to this Act, 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 
section 206(c)(3).
  (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 to 
remain available until expended for purposes of providing appointed 
counsel as required under this Act.
  (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 Act.

SEC. 213. 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 Act;
          (2) a final denial under this Act without seeking judicial 
        review;
          (3) a final denial under this Act after seeking judicial 
        review; and
          (4) an approval under this Act after seeking judicial review.

                          Purpose and Summary

    H.R. 2820, the ``Dream Act of 2019,'' will provide a path 
to lawful immigration status for thousands of deserving young 
men and women. It accomplishes this important goal by 
prohibiting the removal of certain undocumented immigrants who 
entered the United States before the age of 18 and establishing 
a process for such individuals to apply for lawful permanent 
resident (LPR) status. Derived from Title I of H.R. 6, the 
``American Dream and Promise Act,'' H.R. 2820 requires the 
Secretary of Homeland Security or the Attorney General to grant 
a ten-year period of conditional LPR status to individuals who 
meet the bill's eligibility criteria, which include various 
physical-presence, residency, and educational requirements. 
Approved individuals can later apply to remove the conditions 
on their LPR status once they meet additional requirements 
related to educational achievement, military service, or 
employment. Individuals who meet these additional requirements 
at the time of initial application can apply for unconditional 
LPR status at the outset. H.R. 2820 also sets forth detailed 
criminal and national security bars to relief and provides the 
Secretary of Homeland Security with discretion to deny 
applications filed by individuals who are determined to be 
threats to public safety. This legislation is supported by a 
broad coalition of organizations, including immigrants' rights 
organizations, faith-based organizations, labor unions, and 
civil rights organizations. In addition, more than 100 CEOs of 
prominent U.S. businesses warned that if Dreamers were not 
protected, this would ``lead to businesses losing valuable 
talent, cause disruptions in the workforce, and . . . result in 
significant costs.''\1\
---------------------------------------------------------------------------
    \1\Letter from coalition of U.S. business leaders and CEOs to 
Senate Majority Leader Mitch McConnell, Senate Minority Leader Chuck 
Schumer, Speaker of the House Paul Ryan, and House Minority Leader 
Nancy Pelosi (Jan. 10, 2018), https://www.verizon.com/about/sites/
default/files/1-10-8-DACA-CEO-Letter.pdf; see also Ryan Grenoble, 100 
Top CEOs Urge DACA Action in Open Letter to Congress, HuffPost (Jan. 
10, 2018), https://www.huffingtonpost.com/entry/top-ceos-open-letter-
congress-daca_us_5a567f17e4b08a1f624b07da.
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                Background and Need for the Legislation


                              I. DREAMERS

    In 2001, the Development, Relief, and Education for Alien 
Minors (DREAM) Act was first introduced, thus giving rise to 
the term ``Dreamers,'' which is now broadly used to refer to 
undocumented immigrants who were brought to the United States 
as children and have embraced this country as their own.\2\ 
Since then, numerous bipartisan versions of the Dream Act have 
been introduced, all of which would have provided a pathway to 
LPR status for eligible individuals. Despite bipartisan support 
and House passage of a version of the bill in 2010, none of 
these measures have become law.
---------------------------------------------------------------------------
    \2\Development, Relief, and Education for Alien Minors Act, or the 
DREAM Act, S. 1291, 107th Cong. Sec. 2 (2001).
---------------------------------------------------------------------------
    As Dreamers approach adulthood, they are forced--often for 
the first time--to personally confront the consequences of 
their undocumented status.\3\ They discover that they are 
unable to work legally, travel abroad, obtain driver's licenses 
in most states, or obtain federal financial assistance for 
post-secondary education. If brought to the attention of the 
U.S. Department of Homeland Security (DHS), Dreamers can be 
removed to countries that they barely remember and to which 
they have little or no personal connection.
---------------------------------------------------------------------------
    \3\See generally S. Rep. No. 108-224 (2004).
---------------------------------------------------------------------------
    Because of their undocumented status, most Dreamers have 
not travelled outside the United States since they entered. 
Having spent their formative years here, their removal can have 
far-reaching impacts on Dreamers' lives, as well as their 
families and their communities. The removal of a Dreamer can 
deeply affect classmates, teachers, clergy, and friends who 
have watched them grow up. Employers of Dreamers are also 
affected, as they lose access to key members of their 
workforce. Notwithstanding these compelling equities, our 
current immigration system provides no realistic means for most 
Dreamers to regularize their immigration status.

               II. DEFERRED ACTION FOR CHILDHOOD ARRIVALS

    To provide temporary relief to a subset of the Dreamer 
population, former-Secretary of Homeland Security Janet 
Napolitano announced the Deferred Action for Childhood Arrivals 
(DACA) initiative on June 15, 2012.\4\ An exercise of 
prosecutorial discretion, DACA provides temporary relief from 
removal, as well as work authorization, to certain undocumented 
immigrants brought to the United States before the age of 
16.\5\ DACA enabled more than 800,000 eligible young adults to 
work lawfully, attend school, and contribute to the United 
States without the constant threat of removal.\6\ DACA, 
however, does not provide permanent immigration status, and it 
must be renewed every two years.\7\
---------------------------------------------------------------------------
    \4\Janet Napolitano, Exercising Prosecutorial Discretion with 
Respect to Individuals Who Came to the United States as Children, Dep't 
of Homeland Security (June 15, 2012), https://www.dhs.gov/xlibrary/
assets/s1-exercising-prosecutorial-discretion-individuals-who-came-to-
us-as-children.pdf.
    \5\See U.S. Citizenship and Immigration Services, Consideration of 
Deferred Action for Childhood Arrivals, Dep't of Homeland Security 
(citing residency, education and the absence of a serious criminal 
history as eligibility requirements), https://www.uscis.gov/archive/
consideration-deferred-action-childhood-arrivals-daca.
    \6\See U.S. Citizenship and Immigration Services, Number of Form I-
821D, Consideration of Deferred Action for Childhood Arrivals, by 
Fiscal Year, Quarter, Intake and Case Status, Fiscal Year 2012-2018, 
Dep't of Homeland Security (Sep. 30, 2018), https://www.uscis.gov/
sites/default/files/USCIS/Resources/Reports%20and%20Studies/
Immigration%20Forms%20Data/All%20Form%20Types/DACA/
daca_performance_data_fy2018_qtr4.pdf.
    \7\U.S. Citizenship and Immigration Services, DACA FAQs, Dep't of 
Homeland Security https://www.uscis.gov/archive/frequently-asked-
questions#miscellaneous.
---------------------------------------------------------------------------
    On September 5, 2017, President Trump announced the 
termination of DACA.\8\ Then-Acting Secretary of Homeland 
Security Elaine Duke concurrently rescinded the 2012 memorandum 
that created DACA.\9\ These actions prompted multiple federal 
court lawsuits that challenged the Administration's decision as 
arbitrary and capricious and that ultimately resulted in 
nationwide injunctions.\10\ As a result of these injunctions, 
DHS resumed accepting requests from DACA recipients to renew 
their work authorization, but the Department is not accepting 
new DACA requests.\11\ The Administration is currently seeking 
review of these cases by the U.S. Supreme Court.
---------------------------------------------------------------------------
    \8\Michael D. Shear & Julie Hirschfeld David, Trump Moves to End 
DACA and Calls on Congress to Act, N.Y. Times (Sep. 5, 2017), https://
www.nytimes.com/2017/09/05/us/politics/trump-daca-dreamers-
immigration.html.
    \9\Elaine Duke, Memorandum of Rescission of Deferred Action for 
Childhood Arrivals (DACA), Dep't of Homeland Security (Sep. 5, 2017), 
https://www.dhs.gov/news/2017/09/05/memorandum-rescission-daca.
    \10\Regents of the University of California v. Dep't of Homeland 
Security, No. 3:17-cv-05211 (N.D. Cal. Jan. 9, 2018); Batalla Vidal v. 
Nielsen, No. 1:16-cv-04756 (E.D.N.Y. Feb. 13, 2018); see also Casa de 
Maryland v. Dep't of Homeland Security, No. 8:17-cv-02942 (D. Md. Mar. 
5, 2018), aff'd in part, rev'd in part, vacated in part, dismissed in 
part, Casa de Maryland v. Dep't of Homeland Security, No. 18-1521 (4th 
Cir. May 17, 2019).
    \11\See U.S. Citizenship and Immigration Services, Deferred Action 
for Childhood Arrivals: Response to January 2018 Preliminary 
Injunction, Dep't of Homeland Security (Feb. 14, 2018), https://
www.uscis.gov/humanitarian/deferred-action-childhood-arrivals-response-
january-2018-preliminary-injunction.
---------------------------------------------------------------------------

    III. ECONOMIC BENEFITS OF PROVIDING PERMANENT RELIEF TO DREAMERS

    Studies consistently show that the U.S. economy will 
benefit from providing undocumented youth with a way to earn 
lawful status, including by stabilizing their lives and 
allowing them to further contribute to the United States. DACA 
recipients are already employed in a wide variety of 
industries, including hospitality, food service, education, and 
health care.\12\ A path to lawful status will empower these 
individuals to seek and obtain better paying jobs, resulting in 
both increased tax revenues at the federal, state, and local 
levels, and expanded economic activity through increased 
purchases of homes, automobiles, and other goods.
---------------------------------------------------------------------------
    \12\Jie Zong et al., A Profile of Current DACA Recipients by 
Education, Industry, and Occupation, Migration Policy Institute (Nov. 
2017), https://www.migrationpolicy.org/research/profile-current-daca-
recipients-education-industry-and-occupation.
---------------------------------------------------------------------------
    The Center for American Progress estimates that at least 
$22.7 billion per year will be added to the U.S. Gross Domestic 
Product (GDP) if the Dream Act or similar legislation is 
passed.\13\ Even assuming lower annual GDP gains of $10.9 to 
$18.4 billion, growth of this magnitude translates into 
increased federal tax revenue of $2 to $3.3 billion per 
year.\14\
---------------------------------------------------------------------------
    \13\Francesc Ortega, Ryan Edwards, & Philip E. Wolgin, The Economic 
Benefits of Passing the Dream Act, Center for American Progress (Sep. 
18, 2017), https://www.americanprogress.org/issues/immigration/reports/
2017/09/18/439134/economic-benefits-passing-dream-act/.
    \14\Francesc Ortega & Amy Hsin, How the Dream Act Can Actually 
Lower the Deficit, The Hill (Feb. 14, 2018), https://thehill.com/
opinion/immigration/373824-how-the-dream-act-can-actually-lower-the-
deficit.
---------------------------------------------------------------------------
    State economies will also directly benefit through passage 
of the Dream Act. California and Texas--which have the largest 
numbers of Dreamers--would realize an estimated increase in GDP 
of $6 billion and $3.4 billion, respectively.\15\ Even states 
with smaller Dreamer populations will experience economic 
gains. With 54,000 Dreamers, Arizona would see annual state GDP 
gains between $585 million and $2 billion, while Colorado, with 
34,000 Dreamers, would gain between $438 million and $1.4 
billion annually.\16\ Moreover, states such as Indiana, Iowa, 
Michigan, Minnesota, Missouri, Ohio, Pennsylvania, and 
Wisconsin rely heavily on immigrants to create new businesses 
and fill STEM positions.\17\ Combined, these states are home to 
more than 46,000 DACA recipients, more than 40,000 of whom are 
employed. Losing this crucial sector of the workforce would 
lead to GDP losses of more than $2.7 billion for this 
region.\18\
---------------------------------------------------------------------------
    \15\Ryan D. Edwards et al., The State-by-State Economic Benefits of 
Passing the Dream Act, Center for American Progress (Oct. 26, 2017), 
https://www.americanprogress.org/issues/immigration/news/2017/10/26/
441298/the-state-by-state-economic-benefits-of-passing-the-dream-act/.
    \16\Id.
    \17\John C. Austin, Losing Dreamers Would be a Loss for Heartland 
Economy, Brookings Institute: The Avenue (Jan. 31, 2018), https://
www.brookings.edu/blog/the-avenue/2018/01/31/losing-dreamers-would-be-
a-loss-for-heartland-economy/.
    \18\Id.
---------------------------------------------------------------------------
    The private sector is also invested in protecting the 
futures of Dreamers. Last year, more than 100 CEOs sent a 
letter to House and Senate offices warning of the significant 
losses their industries would suffer if DACA is terminated. 
Failure to protect Dreamers, they wrote, would ``lead to 
businesses losing valuable talent, cause disruptions in the 
workforce, and . . . result in significant costs.''\19\
---------------------------------------------------------------------------
    \19\Letter from coalition of U.S. business leaders and CEOs, to 
Senate Majority Leader Mitch McConnell, Senate Minority Leader Chuck 
Schumer, Speaker of the House Paul Ryan, and House Minority Leader 
Nancy Pelosi (Jan. 10, 2018), https://www.verizon.com/about/sites/
default/files/1-10-8-DACA-CEO-Letter.pdf; see also Ryan Grenoble, 100 
Top CEOs Urge DACA Action in Open Letter to Congress, HuffPost (Jan. 
10, 2018), https://www.huffingtonpost.com/entry/top-ceos-open-letter-
congress-daca_us_5a567f17e4b08a1f624b07da.
---------------------------------------------------------------------------

                                Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress, the following hearing was used to develop H.R. 
6 and H.R. 2820: ``Protecting Dreamers and TPS Recipients,'' 
held before the Judiciary Committee on March 6, 2019. The 
Committee heard testimony from: Jin Park, a Korean national 
DACA recipient, Harvard graduate, and Rhodes Scholar who came 
to the United States at the age of seven; Yazmin Irazoqui Ruiz, 
a Mexican national DACA recipient and summa cum laude graduate 
of the University of New Mexico who came to the United States 
at the age of three and is currently attending medical school; 
Yatta Kiazolu, a Liberian national Deferred Enforced Departure 
(DED) holder who has lived in the United States for 22 years 
and is currently enrolled in a PhD program at the University of 
California, Los Angeles; Jose Palma, a Salvadoran national 
Temporary Protected Status (TPS) recipient who is married to 
another TPS recipient, has four U.S. citizen children, and 
serves as the National Coordinator of the National TPS 
Alliance; Donald Graham, former owner of The Washington Post 
and co-founder of TheDream.US, which provides scholarships to 
thousands of highly motivated Dreamers and TPS recipients; 
Catholic Bishop Mario Dorsonville, Auxiliary Bishop of the 
Archdiocese of Washington, a naturalized immigrant from 
Colombia and the incoming Migration Chairman of the U.S. 
Conference of Catholic Bishops; Hilario Yanez, a DACA recipient 
and a graduate from the University of Houston; and Andrew R. 
Arthur, a former immigration judge and a Resident Fellow at the 
Center for Immigration Studies.
    Witnesses shared their personal stories and highlighted the 
need for a legislative solution by exploring how Dreamers 
benefit our country and how they could contribute even more to 
our nation if provided a means to become full, participating 
members of our society as lawful permanent residents. Witnesses 
also noted the personal and community-based impacts resulting 
from the Administration's decision to terminate DACA.

                        Committee Consideration

    On May 22, 2019, the Committee met in open session and 
ordered the bill, H.R. 2820, favorably reported with an 
amendment in the nature of a substitute, by a rollcall vote of 
19 to 10, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following rollcall votes occurred during the Committee's 
consideration of H.R. 2820:
    1. An amendment by Mr. Chabot to amend section 101 that 
would make an individual ineligible to adjust his or her status 
if such individual has either: (1) a single conviction for 
driving while intoxicated causing serious bodily injury or the 
death of another person; or (2) two or more convictions for 
driving while intoxicated, was defeated by a rollcall vote of 
10 to 20.

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    2. An amendment by Mr. Gohmert to amend section 101 that 
would make an individual ineligible to adjust his or her status 
if he or she is or has been a member of a criminal street gang, 
or has participated in the activities of a criminal street gang 
knowing or having reason to know that such activities will 
promote, further, aid, or support the illegal activity of the 
criminal gang, was defeated by a rollcall vote of 10 to 17.

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    3. An amendment by Mr. Biggs to amend the confidentiality 
provisions in section 209 to allow application information to 
be used for enforcement of the Act or for any criminal 
proceeding was defeated by a rollcall vote of 10 to 18.

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    4. An amendment by Mr. McClintock to replace the term 
``shall'' with ``may'' in various places within sections 101 
and 103, to provide greater discretion to the Secretary of 
Homeland Security to deny applications submitted under the Act, 
was defeated by a rollcall vote of 12 to 16.

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    5. An amendment by Mrs. Lesko to amend section 101 that 
would make an individual ineligible to adjust his or her status 
if he or she engaged in immigration-related fraud or made a 
material misrepresentation, as defined under section 
212(a)(6)(C) of the Immigration and Nationality Act (8 U.S.C. 
Sec. 1182(a)(6)(C)), was defeated by a rollcall vote of 11 to 
16.

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    6. An amendment by Mr. Gaetz to amend section 101 that 
would make an individual ineligible to adjust his or her status 
if he or she was convicted of a misdemeanor offense involving 
the purchase, sale, offering for sale, exchanging, using, 
owning, possessing, or carrying, or attempting or conspiring to 
purchase, sell, offer for sale, exchange, use, own, possess, or 
carry any weapon, part, or accessory which is a firearm or 
destructive device was defeated by a rollcall vote of 13 to 16.

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    7. An amendment by Mr. Cline to amend section 207 to 
replace the term ``may'' with ``shall'' in reference to the 
Secretary of Homeland Security's authority to prohibit or 
restrict the use of a document or class of documents, if the 
Secretary determines that such documents are unreliable or are 
being fraudulently used to an unacceptable degree, was defeated 
by a rollcall vote of 6 to 15.

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    8. An amendment by Mr. Biggs to amend section 101 that 
would make an individual ineligible to adjust his or her status 
if such individual had no lawful immigration status as of the 
date of the Act's enactment was defeated by a rollcall vote of 
8 to 16.

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    9. An amendment by Mr. Steube to provide that the parents 
of individuals granted permanent resident status under the Act 
shall not, by virtue of such relationship, be accorded any 
right, privilege, or status under the Immigration and 
Nationality Act was defeated by a rollcall vote of 8 to 17.

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    10. An amendment by Mr. Biggs to section 101 to provide 
that an individual is eligible to adjust his or her status 
under the Act if he or she was younger than 16 years of age on 
the date on which such individual entered the United States, 
but only if such date was before June 15, 2007, and he or she 
has continuously resided in the United States since such entry 
was defeated by a rollcall vote of 10 to 18.

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    11. Motion to report H.R. 2820, as amended, favorably was 
agreed to by a rollcall vote of 19 to 10.

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                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                Committee Estimate of Budgetary Effects

    In compliance with clause 3(d) of rule XIII of the Rules of 
the House of Representatives, the following statement is made 
concerning the effects on the budget of the bill, H.R. 2820, as 
reported. The Committee agrees with the estimate prepared by 
the Congressional Budget Office, which is included below.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 2820, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 30, 2019.
Re H.R. 2820, the Dream Act of 2019.

Hon. Jerrold Nadler,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office and 
staff of the Joint Committee on Taxation (JCT) have completed 
an estimate of the direct spending and revenue effects of H.R. 
2820, the Dream Act of 2019, as ordered reported by the House 
Committee on the Judiciary on May 22, 2019. On net, CBO and JCT 
estimate enacting the legislation would increase budget 
deficits by $26.3 billion over the 2020-2029 period; on-budget 
deficits would increase by $31.0 billion, and off-budget 
deficits would decrease by $4.8 billion over that period. 
Because enacting the bill would affect direct spending and 
revenues, pay-as-you-go procedures apply.\1\ The pay-as-you-go 
effects are equal to the change in on-budget deficits (see 
Table 1).
---------------------------------------------------------------------------
    \1\A relatively small number of people would be eligible for LPR 
status under both H.R. 2820 (the Dream Act) and H.R. 2821 (the American 
Promise Act), both of which were ordered reported by the House 
Committee on the Judiciary on May 22, 2019. Consequently, if the 
provisions of the two bills were enacted as a single bill, the 
budgetary effects for that combined bill would be smaller than the sum 
of the budgetary effects of the two bills. CBO has not estimated the 
budgetary effects of a combined bill.
---------------------------------------------------------------------------
    H.R. 2820 would allow inadmissible or deportable aliens who 
arrived in the United States before the age of 18 and have been 
continuously present for at least four years to receive lawful 
permanent resident (LPR) status under certain conditions. If 
they meet further qualifications--related to education, 
employment, uniformed service, disability, caregiving, or 
hardship to themselves or their relatives--the bill would 
permit them to remove the conditional basis of their LPR 
status, making them eligible to become citizens.
    CBO estimates that H.R. 2820 would provide lawful 
immigration status and work authorization to more than 2 
million people who otherwise would be physically present in the 
United States without such legal authority.2,3 
Enacting the bill would affect direct spending because LPR 
status confers eligibility for federal benefits--health 
insurance subsidies and benefits under Medicaid and also under 
the Supplemental Nutrition Assistance Program, among others--
provided that those applicants meet the other eligibility 
requirements for those programs.\4\
---------------------------------------------------------------------------
    \2\H.R. 2820 would not require as a condition for eligibility for 
LPR status that an alien be inadmissible or deportable as of the date 
of enactment or any other specific date. Thus, some aliens who are 
currently in lawful immigration status could subsequently lose that 
status, become inadmissible or deportable, and therefore gain 
eligibility for LPR status under H.R. 2820. CBO has not estimated the 
number of people that could be so affected, nor the budgetary effects 
resulting from their eligibility for LPR status.
    \3\The Administration has proposed to terminate the Deferred Action 
for Childhood Arrivals program that currently provides lawful presence 
and work authorization to nearly 700,000 inadmissible or deportable 
aliens. That policy is currently subject to a nationwide injunction. 
Spending and revenues in CBO's baseline reflect the expectation that 
the injunction will eventually be lifted and the Administration will 
implement its proposed policy.
    \4\The bill also would provide eligibility for health insurance 
subsidies to minor children who are not yet eligible to apply for 
conditional LPR status under the bill because they are not yet in 
secondary school.
---------------------------------------------------------------------------
    Enacting H.R. 2820 also would affect federal revenues 
because the increase in the number of workers with employment 
authorization would affect payroll taxes and individual and 
corporate income taxes. Some newly authorized workers also 
would become eligible for refundable tax credits (included in 
the spending total below). In addition, some of the fees 
established under the bill would be classified as revenues in 
the budget.
    CBO and JCT estimate that enacting H.R. 2820 would increase 
direct spending by $28.8 billion over the 2020-2029 period. 
Over that same period, CBO and JCT estimate that the bill would 
increase revenues, on net, by $2.5 billion--a decline in on-
budget revenues of $2.9 billion and an increase in off-budget 
revenues of $5.5 billion.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is David 
Rafferty, who can be reached at 226-2840.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure

cc:
        Honorable Doug Collins
        Ranking Member

                                                                            TABLE 1--H.R. 2820, THE DREAM ACT OF 2019
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       By fiscal year, millions of dollars--
                                                  ----------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                              2019-      2019-
                                                      2019       2020       2021       2022       2023       2024       2025       2026       2027       2028       2029       2024       2029
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              CHANGES IN DIRECT SPENDING (OUTLAYS)
 
On-Budget
    Health Insurance Subsidiesa..................          0        230        615      1,135      1,515      1,715      1,700      1,510      1,340      1,320      1,410      5,210     12,490
    Medicaid and CHIP............................          0         25         55        100        135        180        335        705      1,125      1,395      1,235        495      5,290
    Refundable Tax Creditsb......................          0         25         75        330        430        445        465        480        490        495        500      1,305      3,735
    SNAP.........................................          0         15         50         60         60         55        115        330        555        665        710        240      2,615
    Supplemental Security Income.................          0          5         15         30         35        145        195        220        255        315        275        230      1,490
    DHS Fees and Spending........................          0        360        645        -60         15        105         90         60        -30        -20          5      1,065      1,170
    High Education Assistance....................          0         15         85        155        130         95         85         85         95         95         95        480        935
    Medicare.....................................          0          0          0          *          5         15         30         45         65         90        125         20        375
        Subtotal.................................          0        675      1,540      1,750      2,325      2,755      3,015      3,435      3,895      4,355      4,355      9,045     28,100
Off-Budget
    Social Security..............................          0          *         10         20         30         45         65         85        115        145        180        105        695
        Total....................................          0        675      1,550      1,770      2,355      2,800      3,080      3,520      4,010      4,500      4,535      9,150     28,795
 
                                                                                       CHANGES IN REVENUES
 
On-Budget
    Income and Medicare Taxes....................          0        -60       -300       -370       -325       -205        -80       -375       -370       -375       -380     -1,260     -2,840
    Health Insurance Subsidiesa..................          0        -20        -50        -85       -110       -125       -130       -160       -180       -195       -205       -390     -1,260
    DHS Revenues.................................          0        190        415        155         85         90         95         85         35         15          5        935      1,170
        Subtotal.................................          0        110         65       -300       -350       -240       -115       -450       -515       -555       -580       -715     -2,930
Off-Budget
    Social Security..............................          0         20         85        575        675        700        695        680        675        680        690      2,055      5,475
        Total....................................          0        130        150        275        325        460        580        230        160        125        110      1,340      2,545
 
                                                                 CHANGES IN DEFICITS (NEGATIVES INDICATE INCREASES IN DEFICITS)
 
    Total........................................          0       -545     -1,400     -1,495     -2,030     -2,340     -2,500     -3,290     -3,850     -4,375     -4,425     -7,810    -26,250
        On-Budget................................          0       -565     -1,475     -2,050     -2,675     -2,995     -3,130     -3,885     -4,410     -4,910     -4,935     -9,760    -31,030
        Off-Budget...............................          0         20         75        555        645        655        630        595        560        535        510      1,950      4,780
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
The change in direct spending would affect budget authority by similar amounts; CHIP = Children's Health Insurance Program; DHS = Department of Homeland Security; SNAP = Supplemental Nutrition
  Assistance Program; * = between -$500,000 and $500,000.
aPremium tax credits for health insurance purchased through the marketplaces established under the Affordable Care Act.
bRefundable tax credits include the outlay portion of the earned income and child tax credits.

                    Duplication of Federal Programs

    No provision of H.R. 2820 establishes or reauthorizes a 
program of the federal government known to be duplicative of 
another federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
2820 would cancel removal proceedings and prohibit the removal 
of certain undocumented immigrants who entered the United 
States before age 18, and provide a process for such 
individuals to apply for lawful permanent resident status.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 2820 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Sec. 1. Short Title. Section 1 sets forth the short title 
of the bill as the ``Dream Act of 2019''.

Title I. Treatment of Certain Long-Term Residents Who Entered the 
        United States as Children.

    Sec. 101. Permanent Resident Status on a Conditional Basis 
for Certain Long-Term Residents who Entered the United States 
as Children. Section 101(a) states that lawful permanent 
resident (LPR) status obtained under this section is deemed 
conditional (``conditional permanent residence'' or 
``conditional LPR status'') subject to the provisions of the 
Act.
    Section 101(b) sets forth the eligibility requirements for 
conditional LPR status. Applicants under section 101(b) must 
currently lack lawful immigration status or be under a grant of 
Temporary Protected Status (TPS) or Deferred Enforced Departure 
(DED). In addition, applicants must:
          (1) have been continuously present for at least four 
        years before the date of enactment;
          (2) have entered the United States before the age of 
        18 and have continuously resided in the United States 
        since such entry;
          (3) not be inadmissible on specified grounds 
        described in section 212(a) of the Immigration and 
        Nationality Act (INA) (8 U.S.C. 1182(a)), including for 
        health-related reasons, alien smuggling, student visa 
        abuse, ineligibility for citizenship, polygamy, 
        international child abduction, unlawful voting, or 
        renouncing U.S. citizenship to avoid taxation;
          (4) not have 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;
          (5) not be barred on criminal and national security 
        grounds described in section 101(c); and
          (6) meet certain educational criteria, including 
        being admitted to an institution of higher education or 
        post-secondary school; having obtained a high school 
        diploma, GED (or equivalent), or a technical credential 
        at the secondary level; or being enrolled in high 
        school, other secondary school, or a program to obtain 
        a GED (or equivalent) or a post-secondary credential.
    Section 101(b)(2)(A) provides the Secretary with discretion 
to charge a fee of no more than $495 to applicants applying for 
conditional permanent residence.
    Section 101(b)(2)(B) requires the Secretary to establish a 
streamlined procedure for DACA recipients to apply for LPR 
status under the Act, whether or not on a conditional basis. 
The Secretary may not charge a fee to DACA recipients applying 
for conditional LPR status, but the Secretary may charge a 
reasonable fee to DACA recipients applying for LPR status 
without the conditional basis.
    Section 101(b)(3) requires all applicants to pass 
background checks before an application for conditional 
permanent residence can be granted.
    Section 101(b)(4) requires all applicants to establish that 
they have registered under the Military Selective Service Act 
if they are subject to the Act.
    Section 101(c) sets forth the criminal and national 
security bars to eligibility. Section 101(c)(1) provides that 
an individual is ineligible for adjustment of status under the 
Act if the applicant--
          (1) is inadmissible under the general criminal and 
        national security bars, described in paragraphs (2) and 
        (3) of sections 212(a) of the INA, that apply to other 
        applicants for admission;
          (2) has been convicted of any federal or state felony 
        offense (an offense punishable by a term of 
        imprisonment of more than one year), excluding state 
        offenses involving immigration status;
          (3) has been convicted of three or more federal or 
        state misdemeanor offenses (offenses punishable by a 
        term of imprisonment of more than five days but not 
        more than one year) not occurring on the same date or 
        arising out of the same act, omission, or scheme of 
        misconduct (excluding state offenses involving 
        immigration status, minor traffic offenses, offenses 
        involving civil disobedience without violence, simple 
        possession of cannabis or cannabis-related 
        paraphernalia, and any offense involving cannabis or 
        cannabis-related paraphernalia that is no longer 
        prosecutable in the state in which the conviction was 
        entered);
          (4) has been convicted of a crime of domestic 
        violence (unless the crime is related to the applicant 
        having been: a victim of domestic violence, sexual 
        assault, or related offenses; battered or subjected to 
        extreme cruelty; or a victim of criminal activity).
    Section 101(c)(2) provides the Secretary with discretionary 
authority to waive certain misdemeanor offenses. Section 
101(c)(2)(A) provides for a waiver--for humanitarian purposes, 
family unity, or if otherwise in the public interest--for 
certain grounds of inadmissibility, unless the conviction 
forming the basis for inadmissibility would make the applicant 
ineligible under the other felony or misdemeanor bars in the 
bill. Section 101(c)(2)(B) allows the Secretary, based on the 
same criteria, to waive consideration of: (1) one misdemeanor 
offense if the applicant has not been convicted of any offense 
in five years; or (2) two misdemeanor offenses if the applicant 
has not been convicted of any offense in ten years.
    Section 101(c)(3) provides the Secretary with the non-
delegable authority to conduct a secondary review of 
applications and provisionally deny an applicant if there is 
clear and convincing evidence that the applicant presents a 
significant threat to public safety or has actively 
participated in a criminal gang. Specifically, the Secretary 
can provisionally deny an applicant who presents a significant 
threat to public safety based on either: (1) a conviction 
punishable by a term of imprisonment of more than 30 days 
(excluding certain misdemeanors related to marijuana, 
immigration-related offenses, minor traffic offenses, and civil 
disobedience not involving violence); or (2) a juvenile 
delinquency adjudication resulting in placement in a secure 
facility. In making such a determination, the Secretary must 
consider the recency of the conviction or adjudication, the 
length of any sentence or placement, the nature and seriousness 
of the conviction or adjudication, and any mitigating factors 
pertaining to the individual's role in the commission of the 
offense. The Secretary may also provisionally deny an applicant 
who, within the past five years, voluntarily and willfully 
participated in criminal offenses committed by a criminal 
street gang with the intent to promote or further such 
offenses.
    Section 101(c)(3)(E) provides that identification in a gang 
database does not establish gang participation.
    Section 101(c)(3)(F) requires the Secretary to provide two 
notices of the intent to provisionally deny an application. The 
Secretary must send such notices by certified mail, as well as 
electronic mail, or other electronic communication, if 
requested by the applicant. The applicant shall be provided at 
least 90 days to respond. Upon a motion by the applicant 
showing good cause, including failure to receive the required 
notice, the Secretary shall reopen the application.
    Section 101(c)(3)(G) provides for judicial review of a 
provisional denial.
    Section 101(c)(4) defines the terms ``felony offense,'' 
``misdemeanor offense,'' ``crime of domestic violence,'' and 
``convicted'' or ``conviction.''
    Section 101(d) requires the Attorney General, upon request, 
to stay the removal of an individual who is not older than 18 
and meets the requirements of section 101(b)(1) except for the 
education requirements, to give such individual a reasonable 
opportunity to meet such requirements.
    Section 101(e) allows an individual to withdraw his or her 
application without prejudice.
    Sec. 102. Terms of Permanent Resident Status on a 
Conditional Basis. Section 102(a) provides that conditional LPR 
status under the Act is valid for ten years unless extended or 
revoked by the Secretary.
    Section 102(b) requires the Secretary to provide notice to 
an approved applicant regarding the Act's requirements, 
including the requirements that must be met to have the 
conditional basis of LPR status removed.
    Section 102(c) allows the Secretary to revoke conditional 
LPR status if the applicant engages in conduct that makes the 
applicant ineligible for such status, but the Secretary must 
provide notice of the proposed revocation and the opportunity 
for a hearing to contest such revocation. Section 102(d) states 
that if conditional LPR status expires or is revoked, the 
individual is returned to the immigration status he or she 
previously held.
    Sec. 103. Removal of Conditional Basis of Permanent 
Resident Status. Section 103(a)(1) sets forth the criteria for 
removing the conditional basis of LPR status granted under 
section 101. Specifically, the Secretary must remove such 
conditions for an applicant who:
          (1) has not engaged in conduct that would render the 
        applicant ineligible for status under the criminal or 
        national security bars in section 101(b)(1)(C);
          (2) has not abandoned residence in the United States; 
        and
          (3) has: (a) obtained a degree from a U.S. 
        institution of higher education; (b) completed two 
        years in good standing in a bachelor's or higher degree 
        program, or in a post-secondary area career and 
        technical education program; (c) served in the 
        Uniformed Services for two years, and if discharged, 
        received an honorable discharge; or (d) earned income 
        for at least three years (reduced by the period of time 
        the applicant is enrolled in a post-secondary education 
        program), and at least 75 percent of the time that the 
        alien had valid employment authorization.
    Section 103(a)(2) authorizes a waiver of these education/
military/work requirements if the applicant can demonstrate 
compelling circumstances based on a disability, being a full-
time caregiver, or the extreme hardship that would result from 
removal to U.S. citizen or LPR immediate relatives.
    Section 103(a)(3) requires the applicant to pass the 
English and civics test required for naturalization purposes, 
unless the applicant has a disability.
    Section 103(a)(4) allows the Secretary to charge a 
reasonable fee for processing applications to remove the 
conditional basis on LPR status.
    Section 103(a)(5) prohibits the Secretary from removing the 
conditional basis on LPR status until background checks are 
completed.
    Section 103(b) clarifies that for purposes of 
naturalization, an applicant granted conditional LPR status is 
considered a lawful permanent resident, but that an individual 
cannot apply for naturalization while he or she remains on 
conditional status.
    Section 103(c) states that an individual may adjust to full 
LPR status without first applying for conditional status if the 
applicant meets the eligibility requirements for removal of the 
conditions at the time of initial application. Such an 
individual must submit to a single background check and is 
required to pay only one application fee to adjust to permanent 
resident status.

Title II. General Provisions.

    Sec. 201. Definitions. Section 201 defines the following 
terms: ``Appropriate United States District Court''; ``Area 
Career and Technical Education School''; ``DACA''; 
``Disability''; ``Federal Poverty Line''; ``High School''; 
``Secondary School''; ``Immigration Laws''; ``Institution of 
Higher Education''; ``Recognized Postsecondary Credential''; 
``Secretary''; and ``Uniformed Services''.
    Sec. 202. Submission of Biometric and Biographic Data; 
Background Checks. Section 202 requires all applicants to 
provide biometric and biographic data, and prohibits approval 
of an application unless security and criminal background 
checks are completed to the Secretary of Homeland Security's 
satisfaction.
    Sec. 203. Limitation on Removal; Application and Fee 
Exemption; Waiver of Grounds for Inadmissibility and Other 
Conditions on Eligible Individuals. Section 203(a) prohibits 
the removal of an individual who appears to be prima facie 
eligible for relief under the Act until a final decision 
establishing ineligibility for relief is rendered.
    Section 203(b) allows an individual who has been ordered 
removed or granted voluntary departure to apply for status 
without having to file a motion to reopen or other pleading 
with the immigration court. If the application is approved, the 
Secretary must cancel the order of removal or voluntary 
departure. If the Secretary renders a final decision to deny 
the application, the removal or voluntary departure order shall 
remain in effect.
    Section 203(c) provides for a fee exemption for applicants 
who: (1) are younger than age 18; (2) receive an income level 
at less than 150 percent of the poverty line; (3) are in foster 
care or lack familial support; or (4) cannot care for 
themselves due to a serious, chronic disability.
    Section 203(d) provides the Secretary with discretionary 
authority to waive the following grounds of inadmissibility 
under INA section 212(a) for humanitarian purposes, family 
unity, or because a waiver is otherwise in the public interest: 
health-related grounds, alien smuggling, student visa abuse, or 
unlawful voting.
    Section 203(e) allows applicants for adjustment of status 
under the Act to apply for advance parole (advance permission 
to return to the United States after travel abroad).
    Section 203(f) allows individuals to apply for work 
authorization if their removal is stayed, if they may not be 
placed in removal proceedings, or if they have an application 
pending under the Act.
    Sec. 204. Determination of Continuous Presence and 
Residence. Section 204(a) states that any period of continuous 
physical presence or continuous residence does not terminate 
when an individual is served with a notice to appear.
    Section 204(b) states that an individual will have failed 
to maintain continuous physical presence if the individual 
departed the United States for any period exceeding 90 days or 
180 days in the aggregate. An individual will have failed to 
maintain continuous residence if the individual departed the 
United States for any period exceeding 180 days, unless the 
individual can demonstrate that he or she did not in fact 
abandon residence. Travel authorized by the Secretary is 
excluded from consideration, and time spent outside the United 
States that exceeds these limitations may be excused for 
extenuating circumstances.
    Section 204(c) allows the Secretary to waive--for 
humanitarian purposes, family unity, or if otherwise in the 
public interest--the physical presence requirement for purposes 
of conditional permanent residence for an individual who was 
removed or departed the United States on or after January 20, 
2017, and was continuously physically present in the United 
States for four years prior to the removal or departure. This 
section requires the Secretary to consult with the Department 
of State and establish a procedure for individuals to apply for 
relief from outside the United States if they would have been 
eligible for conditional permanent residence but for their 
removal or departure.
    Sec. 205. Exemption from Numerical Limitations. Section 205 
states that there is no numerical limitation on the number of 
people who may be granted permanent resident status under the 
Act.
    Sec. 206. Availability of Administrative and Judicial 
Review. Section 206(a) directs the Secretary to create, within 
30 days of the date of enactment, an administrative review 
procedure for individuals whose applications are denied or 
whose status is revoked. Section 206(b) provides for judicial 
review in federal district court for applicants who are denied 
or have had their status revoked.
    Section 206(c) provides for judicial review of applications 
that are provisionally denied under the Secretary's non-
delegable discretionary authority. Such applicants have 60 days 
to seek review in a federal district court. The provisional 
denial is subject to de novo review based solely on the 
administrative record unless the applicant chooses to 
supplement the record. If the applicant supplements the record, 
the Secretary shall have the opportunity to respond with 
additional evidence. Applicants seeking review under this 
subsection have the right to counsel and shall be appointed 
counsel at their request. Appointed counsel is funded through 
the collection of fees associated with applications under the 
Act.
    Section 206(d) states that applicants seeking 
administrative or judicial review under the Act may not be 
removed until a final decision on the application for relief is 
rendered, except that an individual may be removed on criminal 
or national security grounds pending judicial review. An 
individual removed who prevails on judicial review shall be 
promptly returned to the United States.
    Sec. 207. Documentation Requirements. Section 207 sets 
forth the types of documentation that applicants may submit as 
proof of eligibility for relief under the Act in the following 
categories: Documents Establishing Identity; Documents 
Establishing Entry, Continuous Physical Presence, and Lack of 
Abandonment of Residence; Documents Establishing Admission to 
an Institution of Higher Education; Documents Establishing 
Receipt of a Degree From an Institution of Higher Education; 
Documents Establishing Receipt of High School Diploma, General 
Educational Development Credential, or a Recognized Equivalent; 
Documents Establishing Enrollment in an Educational Program; 
Documents Establishing Exemption From Application Fees; 
Documents Establishing Qualification for Hardship Exemption; 
Documents Establishing Service in the Uniformed Services; and 
Documents Establishing Earned Income.
    Section 207(k) allows the Secretary to prohibit or restrict 
the use of documents that are deemed unreliable for purposes of 
establishing identity, as well as other documents if the 
Secretary determines that relief under the Act is being 
obtained fraudulently to an unacceptable degree.
    Sec. 208. Rulemaking. Section 208 requires the Secretary to 
publish interim regulations not later than 90 days after 
enactment. Final regulations must be published 180 days after 
the interim regulations are published.
    Sec. 209. Confidentiality of Information. Section 209 
prohibits the Secretary from: (1) disclosing or using 
application information (including information provided during 
administrative or judicial review) or in DACA requests for 
immigration enforcement purposes; or (2) referring applicants 
to U.S. Immigration and Customs Enforcement or U.S. Customs and 
Border Protection, or any designee of such agency based solely 
on such information. Information may be shared with federal 
security and law enforcement agencies for assistance in the 
consideration of an application under the Act, to identify or 
prevent fraud, for national security purposes, or for the 
investigation or prosecution of any felony not related to 
immigration status. A fine of up to $10,000 shall be imposed 
upon any person who knowingly uses, publishes or permits 
information to be examined in violation of this section.
    Sec. 210. Grant Program to Assist Eligible Applicants. 
Section 210 authorizes appropriations and directs the Secretary 
to establish a program to award competitive grants to nonprofit 
organizations to provide services to eligible applicants, 
including for the following purposes: to provide information on 
eligibility, to screen prospective applicants for eligibility, 
to prepare and submit applications and supporting 
documentation, to provide information on the rights and 
responsibilities of U.S. citizenship, and to provide 
instruction to individuals in civics and English as a second 
language.
    Sec. 211. Provisions Affecting Eligibility for Adjustment 
of Status. Section 211 states that eligibility for relief under 
the Act does not preclude an individual from seeking any other 
status for which the individual might be eligible.
    Sec. 212. Supplementary Surcharge for Appointed Counsel. 
Except where an individual is eligible for a fee exemption, and 
excluding biometrics collection, a $25 surcharge is imposed an 
all applications for deposit into an ``Immigration Counsel 
Account'' to provide appointed counsel under the Act. This 
section also requires the Secretary to submit a report to 
Congress on the status of the account every two years.
    Sec. 213. Annual Report on Provisional Denial Authority. 
Section 213 requires the Secretary to submit annual reports to 
Congress with data and statistics on provisional denials issued 
pursuant to section 101(c)(3).
                            Dissenting Views


                  H.R. 2820, The ``DREAM Act of 2019''

    H.R. 2820\1\ provides green cards (and thus a special path 
to citizenship) to millions of aliens currently living in the 
U.S. illegally--whether they are recipients of deferred action 
under President Obama's Deferred Action for Childhood Arrivals 
(DACA) Program or not. To be eligible for DACA, an individual 
had to prove they entered the U.S. before the age of 16, on or 
before June 15, 2007, were physically present in the U.S. from 
that date until June 15, 2012, had no lawful immigration status 
on that date, and were under 31 years of age as of June 15, 
2012. H.R. 2820 is much broader than that, covering any 
individual who entered the U.S. under the age of 18--not 16--
and who is present for four years prior to the date of 
enactment.\2\ H.R. 2820 would therefore provide green cards to 
the unaccompanied alien children who entered the United States 
during the surges of 2013 and 2014, who were likely 
incentivized to illegally enter in the first place due to the 
establishment of DACA In addition, the bill contains no upper 
age limit, so even an alien who entered the U.S. illegally 30 
or 40 years ago could be granted a green card.
---------------------------------------------------------------------------
    \1\Amendment in the Nature of a Substitute to H.R. 2820, 116th 
Cong. (Dream Act of 2019).
    \2\Id. at Sec. 101(a)(1).
---------------------------------------------------------------------------
    As written, H.R. 2820 places the interests of those who 
violated U.S. immigration law above the interests of those who 
waited, or have been waiting, in many cases for many years, to 
enter this country legally.
    As written, H.R. 2820 contains no enforcement provisions, 
and is simply a vehicle designed to give green cards to the 
greatest number of people possible. Meanwhile, our country is 
witnessing a security and humanitarian crisis on the border, as 
each successive month we are seeing unprecedented numbers of 
family units and unaccompanied alien children encountered by 
Customs and Border Protection personnel. The sheer volume of 
people coming is overwhelming border infrastructure.
    Yet in the midst of a true crisis, H.R. 2820 does nothing 
whatsoever to address the resource needs of our law enforcement 
personnel on the border, nor will it do anything to address the 
root causes of the legal loopholes in U.S. immigration law that 
act as pull factors and have created a de facto system of 
catch-and-release. In fact, by providing such a wide-ranging 
amnesty with no enforcement measures, H.R. 2820 will only 
incentivize further illegal immigration and is sure to 
exacerbate the crisis on the border.
    H.R. 2820, as written, would put criminal aliens on the 
fast track to a green card. Under H.R. 2820, an alien is 
eligible for conditional resident status--a prerequisite to 
obtaining permanent resident status--if they are not 
inadmissible under the criminal grounds of removability 
contained at section 212(a)(2) of the Immigration and 
Nationality Act (``INA''),\3\ and provided they have not been 
convicted of one felony or three misdemeanors.\4\
---------------------------------------------------------------------------
    \3\Id. at Sec. 101(c)(1)(A).
    \4\Id. at Sec. 101(c)(1)(B).
---------------------------------------------------------------------------
    Worryingly, these criminal exclusions contain loopholes for 
aliens convicted of only one or two serious misdemeanors. For 
example, an alien convicted of only one or two misdemeanor 
firearms offenses would be eligible for benefits under H.R. 
2820 without having to obtain any waiver, as section 212(a)(2) 
of the INA contains no inadmissibility ground premised on a 
firearms conviction. Republicans offered an amendment at the 
markup to exclude aliens convicted of a single misdemeanor 
firearm conviction, but this was rejected by Democrats.
    Moreover, an alien convicted of multiple driving under the 
influence of alcohol or drugs (DUI) misdemeanor offenses would 
still be eligible for benefits under H.R. 2820 without having 
to apply for any waiver. Drunk driving is an extremely 
dangerous crime that kills thousands of people in the United 
States every year and injures hundreds of thousands.\5\ The 
average drunk driver has driven drunk over 80 times before 
their first arrest for DUI.\6\ Such dangerous conduct should 
not be rewarded with a green card. Republicans offered an 
amendment at the markup to exclude aliens convicted of a single 
misdemeanor DUI offense if the alien's conduct caused injury to 
another person, or two misdemeanor DUI offenses regardless of 
injury, but this was rejected by Democrats.
---------------------------------------------------------------------------
    \5\National Highway Traffic Safety Administration. ``Traffic Safety 
Facts 2017. Alcohol-Impaired Driving.'' Available at https://
crashstats.nhtsa.doLgov/Api/PublicNiewPublication/812630.
    \6\Mothers Against Drunk Driving Statistics, available at https://
www.madd.org/statistics/.
---------------------------------------------------------------------------
    A broad waiver provision permits criminal inadmissibility 
to be waived merely ``[f]or humanitarian purposes, family 
unity, or if otherwise in the public interest . . .''\7\ The 
waiver applies to certain 212(a)(2) grounds of inadmissibility, 
including crimes involving moral turpitude, controlled 
substance convictions, controlled substance trafficking, and 
prostitution and commercialized vice.\8\ Importantly, the 
waiver pertains to the applicable grounds of 
inadmissibility,\9\ not a single conviction, meaning an alien 
can have two convictions qualifying as crimes involving moral 
turpitude or controlled substance offenses and still be 
eligible for benefits under H.R. 2820 with a waiver.
    Additionally, up to two misdemeanors may be waived ``[f]or 
humanitarian purposes, family unity, or if otherwise in the 
public interest . . .''\10\ merely if the alien has not been 
convicted of an offense in the preceding 5-year period for one, 
or 10-year period for another, regardless of how many arrests 
the alien has obtained in the interim. Thus, an alien can be 
convicted of four misdemeanors with another charge pending pre-
conviction and still be eligible for benefits under H.R. 2820.
---------------------------------------------------------------------------
    \7\Id at Sec. 101(c)(2)(A).
    \8\INA Sec. 212(a)(2)(A), (C), and (D).
    \9\Amendment in the Nature of a Substitute to H.R. 2820, 116th Cong 
(Dream Act of 2019) at Sec. 101(c)(2)(A).
    \10\Id. at Sec. 101(c)(2)(A).
---------------------------------------------------------------------------
    At the markup, Democrats indicated such aliens might be 
deemed public safety risks and excluded from benefits, but that 
is simply not the case because of the severe limitations the 
bill places on the Secretary's ability to ``provisionally 
deny'' benefits to aliens deemed to be public safety risks. The 
provisional denial provision is unworkable as written.\11\ 
First, the provision can only be used if the alien has a 
conviction or has been adjudicated delinquent, and that 
conviction has to be related to the risk to public safety.\12\ 
The Secretary's hands are tied in the case of aliens arrested 
of heinous crimes who otherwise qualify for benefits under H.R. 
2820; they must be granted as the Secretary has no discretion 
to deny in those cases.\13\ Second, the Secretary of Homeland 
Security may not delegate the authority to provisionally deny 
an application,\14\ meaning the Secretary him/herself--not an 
adjudicator, not a supervisor, not even the head of a component 
agency--would have to review any application that potentially 
indicated a public safety risk to exercise the authority to 
``provisionally deny''. The Secretary of Homeland Security has 
an enormous amount of responsibility, including supervision of 
over 240,000 employees in multiple component agencies.\15\ 
Immigration benefits are only one of these responsibilities, as 
the mission of the Department of Homeland Security also 
includes border security, disaster preparedness and response, 
election security, critical infrastructure, cybersecurity, and 
protecting civil rights and liberties.\16\ Third, even if the 
Secretary is able to deny an application, the denial is only 
provisional while the alien is entitled to an extensive review 
procedure,\17\ including the ability to take the Secretary to 
federal court.\18\ In federal court, the alien is provided with 
a free attorney\19\--paid for by a surcharge on other 
applications--to challenge the Secretary's determination in a 
de novo review.\20\ Simply put, this provisional denial is 
fundamentally flawed and as written could only be used in the 
most limited of circumstances.
---------------------------------------------------------------------------
    \11\Id. at Sec. 101(c)(3).
    \12\Id. at Sec. 101(c)(3)(B)(I) and (II).
    \13\Id. at Sec. 101(b)(1) `` . . . the Secretary or the Attorney 
General shall cancel the removal of, and adjust to the status of an 
alien lawfully admitted for permanent residence on a conditional basis 
. . .'' (emphasis added).
    \14\Id. at Sec. 101(c)(3)(A) `` . . . the Secretary of Homeland 
Security may, as a matter of non-delegable discretion, provisionally 
deny. . .'' (emphasis added).
    \15\https://www.dhs.gov/about-dhs.
    \16\Id.
    \17\Amendment in the Nature of a Substitute to H.R. 2820, 116th 
Cong (Dream Act of 2019) at Sec. 101(c)(3)(F).
    \18\Id. at Sec. Sec. 101(c)(3)(G), 206(c).
    \19\Id. at 206(c).
    \20\Id.
---------------------------------------------------------------------------
    Democrats at the markup also stated that H.R. 2820 prevents 
gang members from obtaining green cards but, again, the 
provisional denial authority for gang members is so limited it 
will only be used in a handful of cases. In addition to the 
Secretary being unable to delegate the authority to 
provisionally deny an application for a gang member,\21\ and in 
addition to the extensive review process,\22\ federal court 
review,\23\ and free attorney\24\ to challenge the Secretary's 
decision, the bill explicitly states that ``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 [gang 
participation].''\25\ And according to the Democrats' own 
markup memo, the bill ``prohibits the use of gang databases to 
establish gang participation.'' Republicans offered an 
amendment at the markup to make gang members and participants 
ineligible for benefits via H.R. 2820, bypassing the 
``provisional denial'' provision completely, and explicitly 
authorizing adjudicators to consider any and all evidence of 
gang membership or participation No Democrats voted for the 
amendment and the amendment failed.
---------------------------------------------------------------------------
    \21\Id. at Sec. 101(c)(3)(A).
    \22\Id. at Sec. 101(c)(3)(F).
    \23\Id. at Sec. 101(c)(3)(G).
    \24\Id. at Sec. 206(c).
    \25\Id. at Sec. 101(c)(3)(E) ``EVIDENTIARY LIMITATION''.
---------------------------------------------------------------------------
    H.R. 2820 also purports to exclude individuals convicted of 
domestic violence offenses,\26\ however, domestic violence is 
defined as a ``crime of violence,'' meaning the underlying 
offense ``has as an element the use, attempted use, or 
threatened use of physical force against a person''\27\ This 
excludes simple assaults, which can form the predicate offense 
of domestic violence in several states.\28\ Where simple 
assault is also not a crime involving moral turpitude,\29\ an 
alien convicted of a domestic violence offense in a state where 
such conduct is predicated on a simple assault will be eligible 
for benefits under H.R. 2820, so long as they only have one or 
two misdemeanor convictions. Thus, H.R. 2820 does not exclude 
all aliens convicted of domestic violence.
---------------------------------------------------------------------------
    \26\Id. at Sec. 101(c)(1)(B)(iii).
    \27\Id. at 101(c)(4)(C).
    \28\See, e.g., Matter of Velasquez, 25 I&N Dec 278 (BIA 2010) 
(``The misdemeanor offense of assault and battery against a family or 
household member in violation of section 18.2-57 2(A) of the Virginia 
Code Annotated is not categorically a crime of violence . . . and 
therefore not categorically a crime of domestic violence . . . '').
    \29\See Matter of Wu, 27 I&N Dec. 8, 10 (BIA 2017) (``It is well 
established that simple assault or battery . . . Is not considered to 
involve moral turpitude'') citing Matter of Fualaau, 21 I&N Dec. 475, 
477 (BIA 1996).
---------------------------------------------------------------------------
    H.R. 2820 does not incorporate the definition of 
``conviction'' already contained in the Immigration and 
Nationality Act.\30\ H.R. 2820 ignores convictions that were 
``expunged or set aside, that resulted in a rehabilitative 
disposition, or the equivalent.''\31\ Expungement can occur in 
some states merely because of the passage of time. The 
definition in H.R. 2820 also means aliens in states where 
governors expunge a conviction to get around immigration law 
would get a green card, notwithstanding their criminal history. 
This is especially unacceptable as the definition of 
``conviction'' contained in the INA--which does include 
expunged convictions--applies to every other alien applying for 
an immigration benefit, including permanent residence. Once 
again, this bill places illegal immigrants in a better place 
than legal immigrants There should not be a double standard for 
convicted criminals, and the definition in the INA should 
apply.
---------------------------------------------------------------------------
    \30\INA Sec. 101(a)(48)(A).
    \31\Amendment in the Nature of a Substitute to H.R. 2820, 116th 
Cong. (Dream Act of 2019) at Sec. 101(c)(4)(D).
---------------------------------------------------------------------------
    H.R. 2820 will also incentivize the filing of fraudulent 
applications H.R. 2820 permits various categories of low-
reliability evidence to be submitted in support of an 
application, including mere affidavits.\32\ H.R 2820 also 
contains an expansive confidentiality provision\33\ that 
prevents information contained in an application from being 
used for law enforcement purposes. Similar confidentiality 
provisions in the 1986 Special Agricultural Worker amnesty 
program incentivized widespread fraud in the program and have 
hampered law enforcement efforts. Moreover, aliens found to be 
ineligible and removable are prohibited from being referred to 
U.S. Immigration and Customs Enforcement for lawful enforcement 
actions.\34\ H.R. 2820 also contains a provision expressly 
permitting an alien to withdraw their application at any time, 
merely by making a request, which the Secretary has no 
discretion to ignore.\35\ The withdrawal ``shall not prejudice 
any future application filed by the applicant for any 
immigration benefit under this Act or under the Immigration and 
Nationality Act . . .''\36\ meaning an alien can file a 
fraudulent application, and once they are caught simply request 
to withdraw their application with no consequences--criminal or 
immigration-related. Since there are no consequences for filing 
a fraudulent application, H.R. 2820 incentivizes filing 
fraudulent applications on the chance that an alien could be 
granted a green card. Republicans offered an amendment to 
replace the confidentiality provision in H.R. 2820 with the 
confidentiality provisions applicable to applications for 
Temporary Protected Status (TPS),\37\ which would allow 
information from applications to be shared for law enforcement 
purposes, but would have protected information from third party 
requestors. Hundreds of thousands, if not over a million, 
aliens have applied for TPS over the years notwithstanding the 
confidentiality requirements, indicating such a provision would 
not prevent eligible applicants from applying for benefits 
under H.R. 2820. However, Democrats uniformly opposed this 
amendment as well, and the amendment failed.
---------------------------------------------------------------------------
    \32\Id. at Sec. 207.
    \33\Id. at Sec. 209.
    \34\Id. at Sec. 209(b).
    \35\Id. at Sec. 101(e).
    \36\Id.
    \37\8 C.F.R. Sec. 244 16.
---------------------------------------------------------------------------
    Despite the fact that proponents of DREAM Act legislation 
have long claimed such legislation provides a path to 
citizenship for immigrants brought here as children by their 
parents though no fault of their own, nothing in the bill 
requires the applicant to show he or she even entered the 
United States with a parent. In addition, for those aliens who 
were in fact brought to the country by their parents--who, of 
course, knowingly violated U.S. immigration law--H.R. 2820 
actually rewards those parents by not precluding them from 
getting a green card--and eventually U S. citizenship--based on 
the green card the child is granted under the bill.
    These issues above only illustrate some of the major 
problems with H.R. 2820. This bill is clearly designed as a 
political maneuver that has no chance of being taken up by the 
Senate or signed by the President. If the Democrat majority 
actually cared about granting lawful status to the DACA 
population or some other population, they would have worked 
with Republicans to ensure that we address the crisis on our 
border, and would have included enforcement measures in the 
bill. As written, the bill once again reveals the Democrat 
majority places the interests of illegal immigrants above those 
of lawful immigrants who must follow the normal process. If 
Democrats actually cared about ensuring the integrity of our 
immigration system, reducing fraud, and ensuring criminals do 
not exploit loopholes in their bill, they would have accepted 
Republican amendments on firearms convictions, DUIs, gang 
members, and replacing the confidentiality provisions, among 
others.
    We urge our colleagues to reject this bill.

                                   Doug Collins,
                                           Ranking Member.
                                   Martha Roby.
                                   Andy Biggs.
                                   Guy Reschenthaler.
                                   W. Gregory Steube.
                                   Steve Chabot.
                                   Matt Gaetz.
                                   Tom McClintock.
                                   Ben Cline.

                                  [all]