[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1291 Reported in Senate (RS)]
Calendar No. 425
107th CONGRESS
2d Session
S. 1291
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 college-bound students who are
long-term United States residents.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2001
Mr. Hatch (for himself and Ms. Cantwell) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
June 20, 2002
Reported by Mr. Leahy, with an amendment and an amendment to the title
[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 college-bound 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'' or ``DREAM Act''.</DELETED>
<DELETED>SEC. 2. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR
PURPOSES OF HIGHER EDUCATION BENEFITS.</DELETED>
<DELETED> Section 505 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208;
110 Stat 3009-672; 8 U.S.C. 1623) is repealed.</DELETED>
<DELETED>SEC. 3. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF
CERTAIN LONG-TERM RESIDENT STUDENTS.</DELETED>
<DELETED> (a) Special Rule for Children in Qualified Institutions of
Higher Education.--</DELETED>
<DELETED> (1) In general.--Notwithstanding any other
provision of law and subject to paragraph (2), the Attorney
General 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 4, an alien who is
inadmissible or deportable from the United States, if the alien
demonstrates that--</DELETED>
<DELETED> (A) the alien has applied for relief under
this subsection not later than two years after the date
of enactment of this Act;</DELETED>
<DELETED> (B) the alien has not, at the time of
application, attained the age of 21;</DELETED>
<DELETED> (C) the alien, at the time of application,
is attending an institution of higher education in the
United States (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001));</DELETED>
<DELETED> (D) the alien was physically present in
the United States on the date of the enactment of this
Act and has been physically present in the United
States for a continuous period of not less than five
years immediately preceding the date of enactment of
this Act;</DELETED>
<DELETED> (E) the alien has been a person of good
moral character during such period; and</DELETED>
<DELETED> (F) the alien is not inadmissible under
section 212(a)(2) or 212(a)(3) or deportable under
section 237(a)(2) or 237(a)(4).</DELETED>
<DELETED> (2) Procedures.--The Attorney General shall
provide a procedure by regulation allowing eligible individuals
to apply affirmatively for the relief available under this
paragraph 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.</DELETED>
<DELETED> (c) Treatment of Certain Breaks in Presence.--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> (d) Statutory Construction.--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 90 days
after the date of the enactment of this Act, the Attorney
General shall publish proposed regulations implementing this
section.</DELETED>
<DELETED> (2) Interim, final regulations.--Not later than
180 days after the date of the enactment of this Act, the
Attorney General shall publish final 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>SEC. 4. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN
LONG-TERM RESIDENT STUDENTS.</DELETED>
<DELETED> (a) In General.--</DELETED>
<DELETED> (1) Conditional basis for status.--Notwithstanding
any other provision of this Act, an alien whose status has been
adjusted under section 3 to that of an alien lawfully admitted
for permanent residence shall be considered, at the time of
obtaining the adjustment of status, to have obtained such
status on a conditional basis subject to the provisions of this
section.</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 Attorney General shall provide for notice to
such alien respecting the provisions of this section
and the requirements of subsection (c)(1) to have the
conditional basis of such status removed.</DELETED>
<DELETED> (B) At time of required petition.--In
addition, the Attorney General shall attempt to provide
notice to such an alien, at or about the date of the
alien's graduation from an institution of higher
education of the requirements of subsection
(c)(1).</DELETED>
<DELETED> (C) Effect of failure to provide notice.--
The failure of the Attorney General to provide a notice
under this paragraph shall not affect the enforcement
of the provisions of this section with respect to such
an alien.</DELETED>
<DELETED> (b) Termination of Status if Finding That Qualifying
Education Improper.--</DELETED>
<DELETED> (1) In general.--In the case of an alien with
permanent resident status on a conditional basis under
subsection (a), if the Attorney General determines that the
alien is no longer a student in good standing at an accredited
institution of higher education, the Attorney General shall so
notify the alien and, subject to paragraph (2), shall terminate
the permanent resident status of the alien as of the date of
the determination.</DELETED>
<DELETED> (2) Hearing in removal proceeding.--Any alien
whose permanent resident status is terminated under paragraph
(1) may request a review of such determination in a proceeding
to remove the alien. In such proceeding, the burden of proof
shall be on the alien to establish, by a preponderance of the
evidence, that the condition described in paragraph (1) is not
met.</DELETED>
<DELETED> (c) Requirements of Timely Petition for Removal of
Condition.--</DELETED>
<DELETED> (1) In general.--In order for the conditional
basis established under subsection (a) for an alien to be
removed the alien must submit to the Attorney General, during
the period described in subsection (d)(2), 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) Termination of permanent resident status for
failure to file petition.--</DELETED>
<DELETED> (A) In general.--In the case of an alien
with permanent resident status on a conditional basis
under subsection (a), if no petition is filed with
respect to the alien in accordance with the provisions
of paragraph (1), the Attorney General shall terminate
the permanent resident status of the alien as of the
90th day after the graduation of the alien from an
institution of higher education.</DELETED>
<DELETED> (B) Hearing in removal proceeding.--In any
removal proceeding with respect to an alien whose
permanent resident status is terminated under
subparagraph (A), the burden of proof shall be on the
alien to establish compliance with the condition of
paragraph (1).</DELETED>
<DELETED> (3) Determination after petition and interview.--
</DELETED>
<DELETED> (A) In general.--If a petition is filed in
accordance with the provisions of paragraph (1), the
Attorney General shall make a determination, within 90
days, as to whether the facts and information described
in subsection (d)(1) and alleged in the petition are
true with respect to the alien's education.</DELETED>
<DELETED> (B) Removal of conditional basis if
favorable determination.--If the Attorney General
determines that such facts and information are true,
the Attorney General shall so notify the alien and
shall remove the conditional basis of the status of the
alien effective as of the 90th day after the alien's
graduation from an institution of higher
education.</DELETED>
<DELETED> (C) Termination if adverse
determination.--If the Attorney General determines that
such facts and information are not true, the Attorney
General shall so notify the alien and, subject to
subparagraph (D), shall terminate the permanent resident status of an
alien as of the date of the determination.</DELETED>
<DELETED> (D) Hearing in removal proceeding.--Any
alien whose permanent resident status is terminated
under subparagraph (C) may request a review of such
determination in a proceeding to remove the alien. In
such proceeding, the burden of proof shall be on the
Attorney General to establish, by a preponderance of
the evidence, that the facts and information described
in subsection (d)(1) and alleged in the petition are
not true with respect to the alien's
education.</DELETED>
<DELETED> (d) Details of Petition.--</DELETED>
<DELETED> (1) Contents of petition.--Each petition under
subsection (c)(1)(A) shall contain the following facts and
information:</DELETED>
<DELETED> (A) The alien graduated from an
institution of higher education, as evidenced by an
official report from the registrar--</DELETED>
<DELETED> (i) within six years, in the case
of a four-year bachelor's degree program;
or</DELETED>
<DELETED> (ii) within four years, in the
case of the degree program of a two-year
institution.</DELETED>
<DELETED> (B) The alien maintained good moral
character.</DELETED>
<DELETED> (C) The alien has not been convicted of
any offense described in section 237(a)(2) or
237(a)(4).</DELETED>
<DELETED> (D) The alien has maintained continuous
physical residence in the United States.</DELETED>
<DELETED> (2) Period for filing petition.--The petition
under subsection (c)(1)(A) must be filed during the 90-day
period after the alien's graduation from a institution of
higher education.</DELETED>
<DELETED> (e) Treatment of Period for Purposes of Naturalization.--
For purposes of title III of the Immigration and Nationality Act, 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.</DELETED>
<DELETED> (f) Treatment of Certain Waivers.--In the case of an alien
who has permanent residence status on a conditional basis under this
section, if, in order to obtain such status, the alien obtained a
waiver under subsection (h) or (i) of section 212 of the Immigration
and Nationality Act of certain grounds of inadmissibility, such waiver
terminates upon the termination of such permanent residence status
under this section.</DELETED>
<DELETED> (g) Institution of Higher Education Defined.--In this
section, 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. 5. GAO REPORT.</DELETED>
<DELETED> Six 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 3(a)(1)(A);</DELETED>
<DELETED> (2) the number of aliens who applied for
adjustment of status under section 3(a);</DELETED>
<DELETED> (3) the number of aliens who were granted
adjustment of status under section 3(a); and</DELETED>
<DELETED> (4) the number of aliens with respect to whom the
conditional basis of their status was removed under section
4.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Development, Relief, and Education
for Alien Minors Act'' or the ``DREAM Act''.
SEC. 2. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES
OF HIGHER EDUCATION BENEFITS.
Section 505 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Division C of Public Law 104-208; 110 Stat.
3009-672; 8 U.S.C. 1623) is repealed.
SEC. 3. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF CERTAIN
ALIEN HIGH SCHOOL GRADUATES WHO ARE LONG-TERM RESIDENTS
OF THE UNITED STATES.
(a) Special Rule for Certain Alien High School Graduates.--
(1) In general.--Except as otherwise provided in paragraph
(2), notwithstanding any other provision of law, the Attorney
General may cancel the removal of, and adjust to the status of
an alien lawfully admitted for permanent residence, an alien
who is inadmissible or deportable from the United States, if
the alien applies for such cancellation and adjustment of
status and demonstrates that--
(A) the alien has attained 12 years of age prior to
the date of enactment of this Act;
(B) the alien has not, prior to the date of filing
the application for cancellation of removal and
adjustment of status under this subsection, attained
the age of 21 years;
(C) the alien, prior to the date of filing an
application for cancellation of removal and adjustment
of status under this subsection, has received a
certificate of graduation from a school providing
secondary education or the recognized equivalent of
such certificate;
(D) has maintained a continuous physical presence
in the United States for a period of not less than 5
years immediately preceding the date of enactment of
this Act;
(E) the alien is a person of good moral character;
and
(F) is not inadmissible under section 212(a)(2) (8
U.S.C. 1182(a)(2)) or 212(a)(3) (8 U.S.C. 1182(a)(3))
or deportable under section 237(a)(2) (8 U.S.C.
1227(a)(2)) or 237(a)(4) (8 U.S.C. 1227(a)(4)) of the
Immigration and Nationality Act.
(2) Exceptions.--
(A) Rehabilitation and hardship to certain
aliens.--Notwithstanding subparagraph (F) of paragraph
(1), the Attorney General may cancel the removal of,
and adjust to the status of an alien lawfully admitted
for permanent residence, an alien (other than an alien
convicted of an aggravated felony, as defined in
section 101(a)(43) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(43)) or an alien who is
inadmissible under section 212(a)(3) (8 U.S.C.
1182(a)(3)) or deportable under section 237(a)(4) (8
U.S.C. 1227(a)(4)) of such Act) who but for that
subparagraph would qualify for cancellation of removal
and adjustment of status under this section if the
alien demonstrates rehabilitation and that the alien's
removal will result in exceptional and extremely
unusual hardship to the alien or a United States
citizen or lawful permanent resident spouse, parent, or
child.
(B) Aliens qualifying before the date of
enactment.--Notwithstanding paragraph (1), the Attorney
General may cancel the removal of, and adjust to the
status of an alien lawfully admitted for permanent
residence, an alien if--
(i) the alien would have met the
requirements of paragraph (1) at any time
during the 4-year period immediately preceding
the date of enactment of this Act; and
(ii) the alien has graduated from, or is,
on the date of filing an application for
cancellation of removal under this subsection,
enrolled in the United States in an institution
of higher education, as defined by section 101
of the Higher Education Act of 1965 (20 U.S.C.
1001).
(3) Procedures.--
(A) In general.--The Attorney General shall by
regulation establish a procedure that permits aliens to
apply for cancellation of removal and adjustment of
status available under this subsection without being
placed in removal proceedings, except that, in
addition, such cancellation of removal and adjustment
of status shall be available in removal proceedings. In
the case of an alien in an exclusion or deportation
hearing, suspension of deportation on the same grounds
as are provided under this subsection for cancellation
of removal, together with adjustment of status, shall
be available.
(B) Treatment prior to graduation.--
(i) In general.--Notwithstanding any other
provision of law, an alien described in clause
(ii) may not be removed so long as the alien
continues to meet the criteria of that clause.
(ii) Covered aliens.--An alien described in
this clause is an alien who does not meet the
requirements of paragraph (1)(C) but is
otherwise able to demonstrate prima facie
eligibility for cancellation of removal and
adjustment of status under this section and has
a reasonable opportunity of meeting all the
requirements of cancellation of removal and
adjustment of status under this section in the
future.
(iii) Work authorization.--The Attorney
General shall grant an alien described in
clause (ii) authorization to engage in
employment in the United States.
(C) Expedited processing of applications;
prohibition on fees.--Regulations promulgated under
this paragraph shall provide that applications for
cancellation of removal and adjustment of status under
this subsection 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.
(4) Confidentiality of information.--
(A) Prohibition.--Neither the Attorney General nor
any other official or employee of the Department of
Justice may--
(i) use the information furnished by the
applicant pursuant to an application filed
under this subsection for any purpose other
than to make a determination on the
application;
(ii) make any publication whereby the
information furnished by any particular
individual can be identified; or
(iii) permit anyone other than a sworn
officer or employee of the Department of
Justice or, with respect to an application
filed under this subsection with a designated
entity, that designated entity, to examine
applications filed under this subsection.
(B) Penalty.--Whosoever knowingly uses, publishes,
or permits information to be examined in violation of
this subsection shall be fined not more than $10,000.
(b) Termination of Period of Continuous Period.--For purposes of
this section, any period of continuous physical presence in the United
States of an alien who applies for cancellation of removal and
adjustment of status under subsection (a) 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) or any other document
notifying the alien of the initiation of immigration proceedings under
that Act.
(c) Treatment of Certain Breaks in Presence.--An alien shall be
considered to have failed to maintain continuous physical presence in
the United States under subsection (a)(1)(D) 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, except that an alien may
remain eligible for cancellation of removal and adjustment of status
under this section notwithstanding a failure to maintain continuous
physical presence in the United States if the alien demonstrates that
failure is due to exceptional circumstances, as defined by section
240(e)(1) of the Immigration and Nationality Act (8 U.S.C.
1229a(e)(1)), or circumstances described in subparagraphs (A), (B), or
(C) of section 244(b)(1) of the Immigration and Nationality Act (8
U.S.C. 1254a(b)(1)).
(d) Statutory Construction.--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 under section 240A of the
Immigration and Nationality Act (8 U.S.C. 1229b).
(e) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall publish regulations
implementing this section. Such regulations shall be effective
immediately on an interim, final basis, but are subject to change and
revision after public notice and opportunity for a period for public
comment.
SEC. 4. ANNUAL REPORT.
Not later than one year after the date of enactment of this Act,
and annually thereafter, the Attorney General shall submit a report to
the Committees on the Judiciary of the Senate and the House of
Representatives and to the Secretary of Education setting forth--
(1) the number of aliens who applied for cancellation of
removal and adjustment of status under section 3;
(2) the number of aliens who were granted cancellation of
removal and adjustment of status under section 3;
(3) the number of aliens who applied for cancellation of
removal and adjustment of status under section 3 but whose
applications were denied and the basis for the denial of each
application; and
(4) the number of pending applications for cancellation of
removal and adjustment of status under section 3.
Amend the title to read as follows: ``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 high school graduates
who are long-term United States residents.''.
Calendar No. 425
107th CONGRESS
2d Session
S. 1291
_______________________________________________________________________
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 college-bound students who are
long-term United States residents.
_______________________________________________________________________
June 20, 2002
Reported with an amendment and an amendment to the title