[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1545 Reported in Senate (RS)]
Calendar No. 415
108th CONGRESS
1st Session
S. 1545
To amend the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 to permit States to determine State residency for higher
education purposes and to authorize the cancellation of removal and
adjustment of status of certain alien students who are long-term United
States residents.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31 (legislative day, July 21), 2003
Mr. Hatch (for himself, Mr. Durbin, Mr. Lugar, Mr. Leahy, Mr. Craig,
Mr. Feingold, Mr. Crapo, Mr. Grassley, Mr. Kennedy, Mr. DeWine, Mrs.
Boxer, Mr. Lieberman, Ms. Cantwell, Mr. Kerry, Mr. Bingaman, Mr. Nelson
of Florida, Mr. Hagel, Mr. McCain, Mr. Corzine, Mrs. Feinstein, Mr.
Carper, Mr. Bayh, Ms. Landrieu, Mrs. Clinton, Mr. Brownback, Mr. Dodd,
Mr. Coleman, Mr. Reid, Mr. Schumer, Mr. Lautenberg, Mr. Sarbanes, Mr.
Harkin, Mr. Dayton, Mr. Nelson of Nebraska, Mr. Edwards, Mr. Specter,
Mrs. Lincoln, Mr. Graham of Florida, Mr. Kohl, Mr. Levin, Mrs. Murray,
and Mr. Fitzgerald) introduced the following bill; which was read twice
and referred to the Committee on the Judiciary
November 25, 2003
Reported by Mr. Hatch, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 to permit States to determine State residency for higher
education purposes and to authorize the cancellation of removal and
adjustment of status of certain alien students who are long-term United
States residents.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Development, Relief, and
Education for Alien Minors Act of 2003'' or ``DREAM Act''.</DELETED>
<DELETED>SEC. 2. DEFINITION OF INSTITUTION OF HIGHER
EDUCATION.</DELETED>
<DELETED> In this Act, the term ``institution of higher education''
has the meaning given the term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).</DELETED>
<DELETED>SEC. 3. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR
PURPOSES OF HIGHER EDUCATION BENEFITS.</DELETED>
<DELETED> (a) In General.--Section 505 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is
repealed.</DELETED>
<DELETED> (b) Effective Date.--The repeal described in subsection
(a) shall take effect as if included in the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996.</DELETED>
<DELETED>SEC. 4. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF
CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES
AS CHILDREN.</DELETED>
<DELETED> (a) Special Rule for Aliens in Qualified Institutions of
Higher Education.--</DELETED>
<DELETED> (1) In general.--Notwithstanding any other
provision of law and except as otherwise provided in this Act,
the Secretary of Homeland Security may cancel removal of, and
adjust to the status of an alien lawfully admitted for
permanent residence, subject to the conditional basis described
in section 5, an alien who is inadmissible or deportable from
the United States, if the alien demonstrates that--</DELETED>
<DELETED> (A) the alien has been physically present
in the United States for a continuous period of not
less than 5 years immediately preceding the date of
enactment of this Act, and had not yet reached the age
of 16 years at the time of initial entry;</DELETED>
<DELETED> (B) the alien has been a person of good
moral character since the time of
application;</DELETED>
<DELETED> (C) the alien--</DELETED>
<DELETED> (i) is not inadmissible under
paragraph (2), (3), (6)(B), (6)(C), (6)(E),
(6)(F), or (6)(G) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)), or, if inadmissible solely under
subparagraphs (C) and (F) of paragraph (6) of
such section by reason of a false
representation of United States citizenship,
the alien was under the age of 16 years when
the representation was made and was not the
principal applicant in the fraudulent or false
application for benefit under the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.);
and</DELETED>
<DELETED> (ii) is not deportable under
paragraph (1)(E), (1)(G), (2), (3)(B), (3)(C),
(3)(D), (4), or (6) of section 237(a) of the
Immigration and Nationality Act (8 U.S.C.
1227(a));</DELETED>
<DELETED> (D) the alien, at the time of application,
has been admitted to an institution of higher
education, or has earned a high school diploma or
obtained a general education development certificate;
and</DELETED>
<DELETED> (E) the alien has never been under a final
administrative or judicial order of exclusion,
deportation, or removal, unless the alien has remained
in the United States under color of law or received the
order before attaining the age of 16 years.</DELETED>
<DELETED> (F) The Secretary of Homeland Security may
waive the grounds of ineligibility under section
212(a)(6) of the Immigration and Nationality Act and
the grounds of deportability under paragraphs (1), (3),
and (6) of section 237(a) of that Act for humanitarian
purposes or family unity or when it is otherwise in the
public interest.</DELETED>
<DELETED> (2) Procedures.--The Secretary of Homeland
Security shall provide a procedure by regulation allowing
eligible individuals to apply affirmatively for the relief
available under this subsection without being placed in removal
proceedings.</DELETED>
<DELETED> (b) Termination of Continuous Period.--For purposes of
this section, any period of continuous residence or continuous physical
presence in the United States of an alien who applies for cancellation
of removal under this section shall not terminate when the alien is
served a notice to appear under section 239(a) of the Immigration and
Nationality Act (8 U.S.C. 1229(a)).</DELETED>
<DELETED> (c) Treatment of Certain Breaks in Presence.--</DELETED>
<DELETED> (1) In general.--An alien shall be considered to
have failed to maintain continuous physical presence in the
United States under subsection (a) if the alien has departed
from the United States for any period in excess of 90 days or
for any periods in the aggregate exceeding 180 days.</DELETED>
<DELETED> (2) Extensions for exceptional circumstances.--The
Secretary of Homeland Security may extend the time periods
described in paragraph (1) if the alien demonstrates that the
failure to timely return to the United States was due to exceptional
circumstances. The exceptional circumstances determined sufficient to
justify an extension should be no less compelling than serious illness
of the alien, or death or serious illness of a parent, grandparent,
sibling, or child.</DELETED>
<DELETED> (d) Exemption From Numerical Limitations.--Nothing in this
section may be construed to apply a numerical limitation on the number
of aliens who may be eligible for cancellation of removal or adjustment
of status under this section.</DELETED>
<DELETED> (e) Regulations.--</DELETED>
<DELETED> (1) Proposed regulations.--Not later than 180 days
after the date of enactment of this Act, the Secretary of
Homeland Security shall publish proposed regulations
implementing this section. Such regulations shall be effective
immediately on an interim basis, but are subject to change and
revision after public notice and opportunity for a period for
public comment.</DELETED>
<DELETED> (2) Interim, final regulations.--Within a
reasonable time after publication of the interim regulations in
accordance with paragraph (1), the Secretary of Homeland
Security shall publish final regulations implementing this
section.</DELETED>
<DELETED> (f) Removal of Alien.--The Secretary of Homeland Security
shall not remove any alien who has a pending application for
conditional status under this Act.</DELETED>
<DELETED>SEC. 5. CONDITIONAL PERMANENT RESIDENT STATUS.</DELETED>
<DELETED> (a) In General.--</DELETED>
<DELETED> (1) Conditional basis for status.--Notwithstanding
any other provision of law, and except as provided in section
6, an alien whose status has been adjusted under section 4 to
that of an alien lawfully admitted for permanent residence
shall be considered to have obtained such status on a
conditional basis subject to the provisions of this section.
Such conditional resident status shall be valid for a period of
6 years, subject to termination under subsection (b).</DELETED>
<DELETED> (2) Notice of requirements.--</DELETED>
<DELETED> (A) At time of obtaining permanent
residence.--At the time an alien obtains permanent
resident status on a conditional basis under paragraph
(1), the Secretary of Homeland Security shall provide
for notice to the alien regarding the provisions of
this section and the requirements of subsection (c)(1)
to have the conditional basis of such status
removed.</DELETED>
<DELETED> (B) Effect of failure to provide notice.--
The failure of the Secretary of Homeland Security to
provide a notice under this paragraph--</DELETED>
<DELETED> (i) shall not affect the
enforcement of the provisions of this Act with
respect to the alien; and</DELETED>
<DELETED> (ii) shall not give rise to any
private right of action by the alien.</DELETED>
<DELETED> (b) Termination of Status.--</DELETED>
<DELETED> (1) In general.--The Secretary of Homeland
Security shall terminate the conditional permanent resident
status of any alien who obtained such status under this Act, if
the Secretary determines that the alien--</DELETED>
<DELETED> (A) has violated any provision of
subparagraph (B) or (C) of section 4(a)(1);</DELETED>
<DELETED> (B) has become a public charge;
or</DELETED>
<DELETED> (C) in the case of an alien who received
conditional permanent resident status under section
4(a)(1)(B), has received a dishonorable or other than
honorable discharge from the Armed Forces of the United
States.</DELETED>
<DELETED> (2) Return to previous immigration status.--Any
alien whose permanent resident status is terminated under
paragraph (1) shall return to the immigration status the alien
had immediately prior to receiving conditional permanent
resident status under this Act.</DELETED>
<DELETED> (c) Requirements of Timely Petition for Removal of
Condition.--</DELETED>
<DELETED> (1) In general.--In order for the conditional
basis of permanent resident status obtained by an alien under
subsection (a) to be removed, the alien must file with the
Secretary of Homeland Security, in accordance with paragraph
(3), a petition which requests the removal of such conditional
basis and which states, under penalty of perjury, the facts and
information described in subsection (d)(1).</DELETED>
<DELETED> (2) Adjudication of petition to remove
condition.--</DELETED>
<DELETED> (A) In general.--If a petition is filed in
accordance with paragraph (1), the Secretary of
Homeland Security shall make a determination as to
whether the facts and information described in
subsection (d)(1) and alleged in the petition are true
with respect to the eligibility of the alien.</DELETED>
<DELETED> (B) Removal of conditional basis if
favorable determination.--If the Secretary of Homeland
Security determines that the facts and information
alleged in the petition are true, the Secretary of
Homeland Security shall so notify the alien and shall
immediately remove the conditional basis of the status
of the alien.</DELETED>
<DELETED> (C) Termination if adverse
determination.--If the Secretary of Homeland Security
determines that such facts and information alleged in
the petition are not true, the Secretary of Homeland
Security shall so notify the alien and shall terminate
the permanent resident status of the alien as of the
date of the determination.</DELETED>
<DELETED> (3) Time to file petition.--An alien may petition
to remove the conditional basis to lawful resident status
during the period beginning 180 days before and ending 2 years
after either the date that is 6 years after the date of the
granting of conditional resident status or any other expiration
date of the conditional resident status as extended by the
Secretary of Homeland Security in accordance with this Act. The
alien shall be deemed in lawful status in the United States
during the period in which the petition is pending.</DELETED>
<DELETED> (d) Details of Petition.--</DELETED>
<DELETED> (1) Contents of petition.--Each petition under
subsection (c)(1) shall contain the following facts and
information:</DELETED>
<DELETED> (A) The alien maintained good moral
character during the entire period the alien has been a
conditional permanent resident.</DELETED>
<DELETED> (B) The alien continues to be in
compliance with subparagraphs (B) and (C) of section
4(a)(1).</DELETED>
<DELETED> (C) The alien has maintained continuous
physical residence in the United States since
adjustment of status to that of a conditional permanent
resident. For the purpose of determining continuous
physical presence under this subparagraph, section 4(c)
shall apply.</DELETED>
<DELETED> (D) The alien has completed at least 1 of
the following:</DELETED>
<DELETED> (i) The alien has acquired a
degree from an institution of higher education
or has been a student in good standing for at
least 2 years in a program for a bachelor's
degree or higher degree.</DELETED>
<DELETED> (ii) The alien has served in the
Armed Forces of the United States for at least
2 years and, if discharged, has received an
honorable discharge.</DELETED>
<DELETED> (iii) The alien has performed at
least 910 hours of volunteer community service
in a program of an organization that has been
determined to be eligible to receive funds from
the Combined Federal Campaign administered by
the United States Office of Personnel
Management or a program approved by the
Secretary of Homeland Security in consultation
with the Director of U.S.A. Freedom
Corps.</DELETED>
<DELETED> (2) Hardship exception.--</DELETED>
<DELETED> (A) In general.--The Secretary of Homeland
Security may, in the Secretary's discretion, remove the
conditional status of an alien if the alien--</DELETED>
<DELETED> (i) satisfies the requirements of
subparagraphs (A), (B), and (C) of paragraph
(1);</DELETED>
<DELETED> (ii) demonstrates compelling
circumstances for the inability to complete the
requirements described in paragraph (1)(D);
and</DELETED>
<DELETED> (iii) demonstrates that the
alien's removal from the United States would
result in exceptional and extremely unusual
hardship to the alien or the alien's spouse,
parent, or child who is a citizen or a lawful
permanent resident of the United
States.</DELETED>
<DELETED> (B) Extension.--Upon a showing of good
cause, the Secretary of Homeland Security may also
extend the validity period of the conditional resident
status for the purpose of completing the requirements
described in paragraph (1)(D).</DELETED>
<DELETED> (e) Treatment of Period for Purposes of Naturalization.--
For purposes of title III of the Immigration and Nationality Act (8
U.S.C. 1401 et seq.), in the case of an alien who is in the United
States as a lawful permanent resident on a conditional basis under this
section, the alien shall be considered to have been admitted as an
alien lawfully admitted for permanent residence and to be in the United
States as an alien lawfully admitted to the United States for permanent
residence. However, the conditional basis must be removed before the
alien may apply for naturalization.</DELETED>
<DELETED>SEC. 6. RETROACTIVE BENEFITS UNDER THIS ACT.</DELETED>
<DELETED> An alien who, prior to the date of enactment of this Act,
has satisfied all the requirements of both sections 4 and 5, may
petition the Secretary of Homeland Security for permanent resident
status without first becoming a conditional resident.</DELETED>
<DELETED>SEC. 7. EXCLUSIVE JURISDICTION.</DELETED>
<DELETED> (a) In General.--The Secretary of Homeland Security shall
have exclusive jurisdiction to determine eligibility for relief under
this Act, except where the alien has been placed into deportation,
exclusion, or removal proceedings either prior to or after filing an
application for relief under this Act, in which case the Attorney
General shall have exclusive jurisdiction and shall assume all the
powers and duties of the Secretary of Homeland Security until
proceedings are terminated, or if a final order of deportation,
exclusion, or removal is entered the Secretary of Homeland Security
shall resume all powers and duties delegated to the Secretary of
Homeland Security under this Act.</DELETED>
<DELETED> (b) Stay of Removal of Certain Aliens Enrolled in Primary
or Secondary School.--The Attorney General shall stay the removal
proceedings of any alien who--</DELETED>
<DELETED> (1) meets all the requirements for relief under
this Act, except that the alien has not yet graduated from high
school;</DELETED>
<DELETED> (2) is at least 12 years of age; and</DELETED>
<DELETED> (3) is enrolled full-time in a primary or
secondary school.</DELETED>
<DELETED> (c) Employment.--An alien whose removal is stayed pursuant
to subsection (b) may be engaged in employment in the United
States.</DELETED>
<DELETED> (d) Lift of Stay.--The Attorney General shall lift the
stay granted pursuant to subsection (b) if the alien--</DELETED>
<DELETED> (1) is no longer enrolled in a primary or
secondary school; and</DELETED>
<DELETED> (2) fails to maintain prima facie eligibility for
relief under this Act.</DELETED>
<DELETED>SEC. 8. PENALTIES FOR FALSE STATEMENTS IN
APPLICATION.</DELETED>
<DELETED> Whoever files an application for relief under this Act and
willfully and knowingly falsifies, misrepresents, or conceals a
material fact or makes any false or fraudulent statement or
representation, or makes or uses any false writing or document knowing
the same to contain any false or fraudulent statement or entry, shall
be fined in accordance with title 18, United States Code, or imprisoned
not more than 5 years, or both.</DELETED>
<DELETED>SEC. 9. CONFIDENTIALITY OF INFORMATION.</DELETED>
<DELETED> (a) Prohibition.--No officer or employee of the United
States may--</DELETED>
<DELETED> (1) use the information furnished by the applicant
pursuant to an application filed under this Act for any purpose
other than to make a determination on the
application;</DELETED>
<DELETED> (2) make any publication whereby the information
furnished by any particular individual pursuant to an
application under this Act can be identified; or</DELETED>
<DELETED> (3) permit anyone other than an officer or
employee of the Department of Justice or, in the case of
applications filed under this Act with a designated entity,
that designated entity, to examine applications filed under
this Act.</DELETED>
<DELETED> (b) Penalty.--Whoever knowingly uses, publishes, or
permits information to be examined in violation of this section shall
be fined not more than $10,000.</DELETED>
<DELETED>SEC. 10. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON
FEES.</DELETED>
<DELETED> Regulations promulgated under this Act shall provide that
applications under this Act will be considered on an expedited basis
and without a requirement for the payment by the applicant of any
additional fee for such expedited processing.</DELETED>
<DELETED>SEC. 11. GAO REPORT.</DELETED>
<DELETED> Seven years after the date of enactment of this Act, the
Comptroller General of the United States shall submit a report to the
Committees on the Judiciary of the Senate and the House of
Representatives setting forth--</DELETED>
<DELETED> (1) the number of aliens who were eligible for
cancellation of removal and adjustment of status during the
application period described in section 4(a)(1)(A);</DELETED>
<DELETED> (2) the number of aliens who applied for
adjustment of status under section 4(a);</DELETED>
<DELETED> (3) the number of aliens who were granted
adjustment of status under section 4(a); and</DELETED>
<DELETED> (4) the number of aliens with respect to whom the
conditional basis of their status was removed under section
5.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Development, Relief, and Education
for Alien Minors Act of 2003'' or ``DREAM Act''.
SEC. 2. DEFINITION OF INSTITUTION OF HIGHER EDUCATION.
In this Act, the term ``institution of higher education'' has the
meaning given the term in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001).
SEC. 3. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES
OF HIGHER EDUCATION BENEFITS.
(a) In General.--Section 505 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.
(b) Effective Date.--The repeal described in subsection (a) shall
take effect as if included in the enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.
SEC. 4. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF CERTAIN
LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATE AS
CHILDREN.
(a) Special Rule for Aliens in Qualified Institutions of Higher
Education.--
(1) In general.--Notwithstanding any other provision of law
and except as otherwise provided in this Act, the Secretary of
Homeland Security may cancel removal of, and adjust to the
status of an alien lawfully admitted for permanent residence,
subject to the conditional basis described in section 5, an
alien who is inadmissible or deportable from the United States,
if the alien demonstrates that--
(A) the alien has been physically present in the
United States for a continuous period of not less than
5 years immediately preceding the date of enactment of
this Act, and had not yet reached the age of 16 years
at the time of initial entry;
(B) the alien has been a person of good moral
character since the time of application;
(C) the alien--
(i) is not inadmissible under paragraph
(2), (3), (6)(B), (6)(C), (6)(E), (6)(F), or
(6)(G) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)), or, if
inadmissible solely under subparagraphs (C) or
(F) of paragraph (6) of such section, the alien
was under the age of 16 years at the time the
violation was committed; and
(ii) is not deportable under paragraph
(1)(E), (1)(G), (2), (3)(B), (3)(C), (3)(D),
(4), or (6) of section 237(a) of the
Immigration and Nationality Act (8 U.S.C.
1227(a)), or, if deportable solely under
subparagraphs (C) or (D) of paragraph (3) of
such section, the alien was under the age of 16
years at the time the violation was committed;
(D) the alien, at the time of application, has been
admitted to an institution of higher education in the
United States, or has earned a high school diploma or
obtained a general education development certificate in
the United States; and
(E) the alien has never been under a final
administrative or judicial order of exclusion,
deportation, or removal, unless the alien has remained
in the United States under color of law or received the
order before attaining the age of 16 years.
(2) Waiver.--The Secretary of Homeland Security may waive
the grounds of ineligibility under section 212(a)(6) of the
Immigration and Nationality Act and the grounds of
deportability under paragraphs (1), (3), and (6) of section
237(a) of that Act for humanitarian purposes or family unity or
when it is otherwise in the public interest.
(3) Procedures.--The Secretary of Homeland Security shall
provide a procedure by regulation allowing eligible individuals
to apply affirmatively for the relief available under this
subsection without being placed in removal proceedings.
(b) Termination of Continuous Period.--For purposes of this
section, any period of continuous residence or continuous physical
presence in the United States of an alien who applies for cancellation
of removal under this section shall not terminate when the alien is
served a notice to appear under section 239(a) of the Immigration and
Nationality Act (8 U.S.C. 1229(a)).
(c) Treatment of Certain Breaks in Presence.--
(1) In general.--An alien shall be considered to have
failed to maintain continuous physical presence in the United
States under subsection (a) if the alien has departed from the
United States for any period in excess of 90 days or for any
periods in the aggregate exceeding 180 days.
(2) Extensions for exceptional circumstances.--The
Secretary of Homeland Security may extend the time periods
described in paragraph (1) if the alien demonstrates that the
failure to timely return to the United States was due to
exceptional circumstances. The exceptional circumstances
determined sufficient to justify an extension should be no less
compelling than serious illness of the alien, or death or
serious illness of a parent, grandparent, sibling, or child.
(d) Exemption From Numerical Limitations.--Nothing in this section
may be construed to apply against the numerical limitation on the
number of aliens who may be eligible for cancellation of removal under
section 240A of the Immigration and Nationality Act (8 U.S.C. 1229b).
(e) Regulations.--
(1) Proposed regulations.--Not later than 180 days after
the date of enactment of this Act, the Secretary of Homeland
Security shall publish proposed regulations implementing this
section. Such regulations shall be effective immediately on an
interim basis, but are subject to change and revision after
public notice and opportunity for a period for public comment.
(2) Interim, final regulations.--Within a reasonable time
after publication of the interim regulations in accordance with
paragraph (1), the Secretary of Homeland Security shall publish
final regulations implementing this section.
(f) Removal of Alien.--The Secretary of Homeland Security shall not
remove any alien who has a pending application for conditional status
under this Act.
SEC. 5. CONDITIONAL PERMANENT RESIDENT STATUS.
(a) In General.--
(1) Conditional basis for status.--Notwithstanding any
other provision of law, and except as provided in section 6, an
alien whose status has been adjusted under section 4 to that of
an alien lawfully admitted for permanent residence shall be
considered to have obtained such status on a conditional basis
subject to the provisions of this section. Such conditional
resident status shall be valid for a period of 6 years, subject
to termination under subsection (b).
(2) Notice of requirements.--
(A) At time of obtaining permanent residence.--At
the time an alien obtains permanent resident status on
a conditional basis under paragraph (1), the Secretary
of Homeland Security shall provide for notice to the
alien regarding the provisions of this section and the
requirements of subsection (c)(1) to have the
conditional basis of such status removed.
(B) Effect of failure to provide notice.--The
failure of the Secretary of Homeland Security to
provide a notice under this paragraph--
(i) shall not affect the enforcement of the
provisions of this Act with respect to the
alien; and
(ii) shall not give rise to any private
right of action by the alien.
(b) Termination of Status.--
(1) In general.--The Secretary of Homeland Security shall
terminate the conditional permanent resident status of any
alien who obtained such status under this Act, if the Secretary
determines that the alien--
(A) has violated any provision of subparagraph (B)
or (C) of section 4(a)(1);
(B) has become a public charge; or
(C) in the case of an alien who received
conditional permanent resident status under section
4(a)(1)(B), has received a dishonorable or other than
honorable discharge from the Armed Forces of the United
States.
(2) Return to previous immigration status.--Any alien whose
permanent resident status is terminated under paragraph (1)
shall return to the immigration status the alien had
immediately prior to receiving conditional permanent resident
status under this Act.
(c) Requirements of Timely Petition for Removal of Condition.--
(1) In general.--In order for the conditional basis of
permanent resident status obtained by an alien under subsection
(a) to be removed, the alien must file with the Secretary of
Homeland Security, in accordance with paragraph (3), a petition
which requests the removal of such conditional basis and which
states, under penalty of perjury, the facts and information
described in subsection (d)(1).
(2) Adjudication of petition to remove condition.--
(A) In general.--If a petition is filed in
accordance with paragraph (1), the Secretary of
Homeland Security shall make a determination as to
whether the facts and information described in
subsection (d)(1) and alleged in the petition are true
with respect to the eligibility of the alien.
(B) Removal of conditional basis if favorable
determination.--If the Secretary of Homeland Security
determines that the facts and information alleged in
the petition are true, the Secretary of Homeland
Security shall so notify the alien and shall
immediately remove the conditional basis of the status
of the alien.
(C) Termination if adverse determination.--If the
Secretary of Homeland Security determines that such
facts and information alleged in the petition are not
true, the Secretary of Homeland Security shall so
notify the alien and shall terminate the permanent
resident status of the alien as of the date of the
determination.
(3) Time to file petition.--An alien may petition to remove
the conditional basis to lawful resident status during the
period beginning 180 days before and ending 2 years after
either the date that is 6 years after the date of the granting
of conditional resident status or any other expiration date of
the conditional resident status as extended by the Secretary of
Homeland Security in accordance with this Act. The alien shall
be deemed in lawful status in the United States during the
period in which the petition is pending.
(d) Details of Petition.--
(1) Contents of petition.--Each petition under subsection
(c)(1) shall contain the following facts and information:
(A) The alien maintained good moral character
during the entire period the alien has been a
conditional permanent resident.
(B) The alien continues to be in compliance with
subparagraphs (B) and (C) of section 4(a)(1).
(C) The alien has not abandoned his or her
residence in the United States. There shall be a
presumption that the alien has abandoned his or her
residence if the alien is absent from the United States
for more that 365 days in the aggregate during the
period of conditional residence, unless the alien
demonstrates that he or she did not in fact abandon
residence in the United States. The presumption shall
not apply to an alien whose absence is due to active
service in the Armed Forces of the United States.
(D) The alien has completed at least 1 of the
following:
(i) The alien has acquired a degree from an
institution of higher education in the United
States or has completed at least 2 years, in
good standing, in a program for a bachelor's
degree or higher degree in the United States.
(ii) The alien has served in the Armed
Forces of the United States for at least 2
years and, if discharged, has received an
honorable discharge.
(E) All secondary education institutions attended
in the United States.
(2) Hardship exception.--
(A) In general.--The Secretary of Homeland Security
may, in the Secretary's discretion, remove the
conditional status of an alien if the alien--
(i) satisfies the requirements of
subparagraphs (A), (B), and (C) of paragraph
(1);
(ii) demonstrates compelling circumstances
for the inability to complete the requirements
described in paragraph (1)(D); and
(iii) demonstrates that the alien's removal
from the United States would result in
exceptional and extremely unusual hardship to
the alien or the alien's spouse, parent, or
child who is a citizen or a lawful permanent
resident of the United States.
(B) Extension.--Upon a showing of good cause, the
Secretary of Homeland Security may also extend the
validity period of the conditional resident status for
the purpose of completing the requirements described in
paragraph (1)(D).
(e) Treatment of Period for Purposes of Naturalization.--For
purposes of title III of the Immigration and Nationality Act (8 U.S.C.
1401 et seq.), in the case of an alien who is in the United States as a
lawful permanent resident on a conditional basis under this section,
the alien shall be considered to have been admitted as an alien
lawfully admitted for permanent residence and to be in the United
States as an alien lawfully admitted to the United States for permanent
residence. However, the conditional basis must be removed before the
alien may apply for naturalization.
SEC. 6. RETROACTIVE BENEFITS UNDER THIS ACT.
If, upon the date of enactment of this Act, an alien has satisfied
all the requirements of section 4 and complied with section 5(d)(1)(D),
the Secretary of Homeland Security may adjust the status of the alien
to that of a conditional resident in accordance with section 4. The
alien may petition for removal of such condition at the end of the
conditional residence period in accordance with section 5(c) if the
alien has complied with subparagraphs (A), (B), and (C) of section
5(d)(1) during the entire period of conditional residence.
SEC. 7. EXCLUSIVE JURISDICTION.
(a) In General.--The Secretary of Homeland Security shall have
exclusive jurisdiction to determine eligibility for relief under this
Act, except where the alien has been placed into deportation,
exclusion, or removal proceedings either prior to or after filing an
application for relief under this Act, in which case the Attorney
General shall have exclusive jurisdiction and shall assume all the
powers and duties of the Secretary of Homeland Security until
proceedings are terminated, or if a final order of deportation,
exclusion, or removal is entered the Secretary of Homeland Security
shall resume all powers and duties delegated to the Secretary of
Homeland Security under this Act.
(b) Stay of Removal of Certain Aliens Enrolled in Primary or
Secondary School.--The Attorney General shall stay the removal
proceedings of any alien who--
(1) meets all the requirements for relief under this Act,
except that the alien has not yet graduated from high school;
(2) is at least 12 years of age; and
(3) is enrolled full-time in a primary or secondary school.
(c) Employment.--An alien whose removal is stayed pursuant to
subsection (b) may be engaged in employment in the United States,
consistent with the Fair Labor Standards Act (29 U.S.C. 201 et seq.),
and State and local laws governing minimum age for employment.
(d) Lift of Stay.--The Attorney General shall lift the stay granted
pursuant to subsection (b) if the alien--
(1) is no longer enrolled in a primary or secondary school;
and
(2) fails to maintain prima facie eligibility for relief
under this Act.
SEC. 8. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.
Whoever files an application for relief under this Act and
willfully and knowingly falsifies, misrepresents, or conceals a
material fact or makes any false or fraudulent statement or
representation, or makes or uses any false writing or document knowing
the same to contain any false or fraudulent statement or entry, shall
be fined in accordance with title 18, United States Code, or imprisoned
not more than 5 years, or both.
SEC. 9. CONFIDENTIALITY OF INFORMATION.
(a) Prohibition.--No officer or employee of the United States may--
(1) use the information furnished by the applicant pursuant
to an application filed under this Act to initiate removal
proceedings against any persons identified in the application;
(2) make any publication whereby the information furnished
by any particular individual pursuant to an application under
this Act can be identified; or
(3) permit anyone other than an officer or employee of the
United States Government or, in the case of applications filed
under this Act with a designated entity, that designated
entity, to examine applications filed under this Act.
(b) Required Disclosure.--The Attorney General or the Secretary of
Homeland Security shall provide the information furnished under this
section, and any other information derived from such furnished
information, to--
(1) a duly recognized law enforcement entity in connection
with an investigation or prosecution of an offense described in
paragraph (2) or (3) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)), when such information is
requested in writing by such entity; or
(2) an official coroner for purposes of affirmatively
identifying a deceased individual (whether or not such
individual is deceased as a result of a crime).
(c) Penalty.--Whoever knowingly uses, publishes, or permits
information to be examined in violation of this section shall be fined
not more than $10,000.
SEC. 10. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.
Regulations promulgated under this Act shall provide that
applications under this Act will be considered on an expedited basis
and without a requirement for the payment by the applicant of any
additional fee for such expedited processing.
SEC. 11. SEVIS REGISTRATION.
An institution of higher education that enrolls any alien who is a
beneficiary under this Act shall register the alien in the Student and
Exchange Visitor Information System (SEVIS).
SEC. 12. HIGHER EDUCATION ASSISTANCE.
Notwithstanding any provision of the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.), with respect to assistance provided under
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.),
an alien who adjusts status to that of a lawful permanent resident
under this Act shall be eligible only for the following assistance
under such title:
(1) Student loans under parts B, D, and E of such title IV
(20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.),
subject to the requirements of such parts.
(2) Federal work-study programs under part C of such title
IV (42 U.S.C. 2751 et seq.), subject to the requirements of
such part.
(3) Services under such title IV (20 U.S.C. 1070 et seq.),
subject to the requirements for such services.
SEC. 13. GAO REPORT.
Seven years after the date of enactment of this Act, the
Comptroller General of the United States shall submit a report to the
Committees on the Judiciary of the Senate and the House of
Representatives setting forth--
(1) the number of aliens who were eligible for cancellation
of removal and adjustment of status during the application
period described in section 4(a)(1)(A);
(2) the number of aliens who applied for adjustment of
status under section 4(a);
(3) the number of aliens who were granted adjustment of
status under section 4(a); and
(4) the number of aliens with respect to whom the
conditional basis of their status was removed under section 5.
Calendar No. 415
108th CONGRESS
1st Session
S. 1545
_______________________________________________________________________
A BILL
To amend the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 to permit States to determine State residency for higher
education purposes and to authorize the cancellation of removal and
adjustment of status of certain alien students who are long-term United
States residents.
_______________________________________________________________________
November 25, 2003
Reported with an amendment