[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3827 Placed on Calendar Senate (PCS)]
Calendar No. 583
111th CONGRESS
2d Session
S. 3827
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 and who entered the United States as children, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 22, 2010
Mr. Durbin (for himself, Mr. Lugar, and Mr. Leahy) introduced the
following bill; which was read the first time
September 23, 2010
Read the second time and placed on the calendar
_______________________________________________________________________
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 and who entered the United States as children, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Development, Relief, and Education
for Alien Minors Act of 2010'' or the ``DREAM Act of 2010''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(2) Uniformed services.--The term ``uniformed services''
has the meaning given that term in section 101(a) of title 10,
United States Code.
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Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.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 under subsection (a) shall take
effect as if included in the enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (division C of Public
Law 104-208; 110 Stat. 3009-546).
SEC. 4. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF CERTAIN
LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS
CHILDREN.
(a) Special Rule for Certain Long-term Residents Who Entered the
United States as Children.--
(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 was younger than 16 years of age on the
date the alien initially entered the United States;
(B) the alien has been a person of good moral
character since the date of the enactment of this Act;
(C) the alien--
(i) is not inadmissible under paragraph
(2), (3), (6)(E), (10)(A), or (10)(C) of
section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)); and
(ii) is not deportable under paragraph
(1)(E), (2), or (4) of section 237(a) of the
Immigration and Nationality Act (8 U.S.C.
1227(a));
(D) the alien--
(i) has been admitted to an institution of
higher education in the United States; or
(ii) has earned a high school diploma or
obtained a general education development
certificate in the United States;
(E) the alien has never been under a final
administrative or judicial order of exclusion,
deportation, or removal, unless the alien--
(i) has remained in the United States under
color of law after such order was issued; or
(ii) received the order before attaining
the age of 16 years; and
(F) the alien was younger than 35 years of age on
the date of the enactment of this Act.
(2) Waiver.--Notwithstanding paragraph (1), the Secretary
of Homeland Security may waive the ground of ineligibility
under section 212(a)(6)(E) of the Immigration and Nationality
Act and the ground of deportability under paragraph (1)(E) 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.
(4) Deadline for submission of application.--An alien shall
submit an application for cancellation of removal or adjustment
of status under this subsection no later than the date that is
one year after the date the alien--
(A) was admitted to an institution of higher
education in the United States; or
(B) earned a high school diploma or obtained a
general education development certificate in the United
States.
(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 a numerical limitation on the number of
aliens who may be eligible for cancellation of removal or adjustment of
status under this section.
(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 may 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
permanent 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) 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) ceases to meet the requirements of subparagraph
(B) or (C) of section 4(a)(1);
(B) has become a public charge; or
(C) has received a dishonorable or other than
honorable discharge from the uniformed services.
(2) Return to previous immigration status.--Any alien whose
conditional 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
provides, under penalty of perjury, the facts and information
so that the Secretary may make the determination described in
paragraph (2)(A).
(2) Adjudication of petition to remove condition.--
(A) In general.--If a petition is filed in
accordance with paragraph (1) for an alien, the
Secretary of Homeland Security shall make a
determination as to whether the alien meets the
requirements set out in subparagraphs (A) through (E)
of subsection (d)(1).
(B) Removal of conditional basis if favorable
determination.--If the Secretary determines that the
alien meets such requirements, the Secretary shall
notify the alien of such determination and immediately
remove the conditional basis of the status of the
alien.
(C) Termination if adverse determination.--If the
Secretary determines that the alien does not meet such
requirements, the Secretary shall notify the alien of
such determination and terminate the conditional
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 permanent resident status or any other
expiration date of the conditional permanent resident status as
extended by the Secretary of Homeland Security in accordance
with this Act. The alien shall be deemed in conditional
permanent resident status in the United States during the
period in which the petition is pending.
(d) Details of Petition.--
(1) Contents of petition.--Each petition for an alien under
subsection (c)(1) shall contain information to permit the
Secretary of Homeland Security to determine whether each of the
following requirements is met:
(A) The alien has demonstrated good moral character
during the entire period the alien has been a
conditional permanent resident.
(B) The alien is in compliance with section
4(a)(1)(C).
(C) The alien has not abandoned the alien's
residence in the United States. The Secretary shall
presume that the alien has abandoned such residence if
the alien is absent from the United States for more
than 365 days, in the aggregate, during the period of
conditional residence, unless the alien demonstrates
that the alien has not abandoned the alien's residence.
An alien who is absent from the United States due to
active service in the uniformed services has not
abandoned the alien's residence in the United States
during the period of such service.
(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 uniformed
services for at least 2 years and, if
discharged, has received an honorable
discharge.
(E) The alien has provided a list of each secondary
school (as that term is defined in section 9101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)) that the alien 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 extend the period of
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, on the date of enactment of this Act, an alien has satisfied
all the requirements of subparagraphs (A) through (E) of section
4(a)(1) and 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 met the requirements of
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 until proceedings are terminated, or
if a final order of deportation, exclusion, or removal is entered the
Secretary shall resume all powers and duties delegated to the Secretary
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 of subparagraphs (A), (B),
(C), and (E) of section 4(a)(1);
(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;
or
(2) ceases to meet the requirements of subsection (b)(1).
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.--Except as provided in subsection (b), 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. 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. 11. GAO REPORT.
Not later than seven years after the date of enactment of this Act,
the Comptroller General of the United States shall submit to the
Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report setting forth--
(1) the number of aliens who were eligible for cancellation
of removal and adjustment of status under section 4(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 whose conditional permanent
resident status was removed under section 5.
Calendar No. 583
111th CONGRESS
2d Session
S. 3827
_______________________________________________________________________
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 and who entered the United States as children, and for
other purposes.
_______________________________________________________________________
September 23, 2010
Read the second time and placed on the calendar