[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5333 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 5333
To provide individuals who performed rescue, recovery, demolition,
debris cleanup, or other related services after the September 11
terrorist attacks an opportunity to adjust their status to that of
lawful permanent residents, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 11, 2025
Ms. Ocasio-Cortez (for herself, Mr. Espaillat, Ms. Meng, Ms. Velazquez,
Ms. Clarke of New York, Mr. Torres of New York, Mr. Tonko, Mr. Fields,
Mr. Vargas, Ms. Ansari, Mr. Nadler, Mr. McGovern, Mr. Thanedar, Mr.
Meeks, Mr. Garcia of Illinois, Ms. Tlaib, Mr. Goldman of New York, and
Mr. Latimer) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide individuals who performed rescue, recovery, demolition,
debris cleanup, or other related services after the September 11
terrorist attacks an opportunity to adjust their status to that of
lawful permanent residents, 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 ``9/11 Immigrant Worker Freedom Act''.
SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN WORKERS AFTER TERRORIST
ATTACKS.
(a) Adjustment of Status.--Notwithstanding any other provision of
law, the Secretary of Homeland Security or the Attorney General shall
adjust the status of any individual described in subsection (b) to that
of an alien lawfully admitted for permanent residence if such
individual applies for such adjustment not later than 18 months after
the date of the enactment of this Act, which may be extended at the
discretion of the Secretary in cases with compelling circumstances.
(b) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefit provided by subsection (a)
shall apply to any alien who--
(A) worked or volunteered onsite in rescue,
recovery, debris cleanup, or related support services
in lower Manhattan (south of Canal St.), the Staten
Island Landfill, or the barge loading piers, for at
least 4 hours during the period beginning on September
11, 2001, and ending on September 14, 2001, for at
least 24 hours during the period beginning on September
11, 2001, and ending on September 30, 2001, or for at
least 80 hours during the period beginning on September
11, 2001, and ending on July 31, 2002;
(B) was a vehicle-maintenance worker who was
exposed to debris from the former World Trade Center
while retrieving, driving, cleaning, repairing, and
maintaining vehicles contaminated by airborne toxins
from the September 11, 2001, terrorist attacks for any
time during the period beginning on September 11, 2001,
and ending on July 31, 2002;
(C) was a member of a fire or police department
(whether fire or emergency personnel, active or
retired), worked for a recovery or cleanup contractor,
or was a volunteer; and performed rescue, recovery,
demolition, debris cleanup, or other related services
at the Pentagon site of the terrorist-related aircraft
crash of September 11, 2001, during the period
beginning on September 11, 2001, and ending on November
19, 2001; or
(D) was a member of a fire or police department
(whether fire or emergency personnel, active or
retired), worked for a recovery or cleanup contractor,
or was a volunteer; and performed rescue, recovery,
demolition, debris cleanup, or other related services
at the Shanksville, Pennsylvania, site of the
terrorist-related aircraft crash of September 11, 2001,
during the period beginning on September 11, 2001, and
ending on October 3, 2001.
(2) Exception.--An alien shall not be provided any benefit
under this section if the Secretary of Homeland Security or the
Attorney General determines that the alien has willfully made a
material misrepresentation or material omission in the proffer
of information described in paragraph (1).
(c) Work Authorization.--An alien who has applied for adjustment of
status under subsection (a) shall be provided authorization to engage
in employment in the United States during the pendency of such
application.
(d) Fee Waiver Based on an Inability To Pay.--
(1) In general.--The Secretary of Homeland Security shall
waive fees with respect to the filing of an application under
this section for an alien who demonstrates to the satisfaction
of the Secretary that such alien--
(A) is the recipient of a means-tested benefit
where the Federal, State, or local agency administering
such public benefit considers the income and resources
of the individual in granting such benefit;
(B) has an income is no greater than 250 percent of
the Federal poverty guidelines; or
(C) faces extraordinary financial hardship that
prevents them from paying the filing fee.
(2) Corrective filing.--If the Secretary finds that an
applicant is ineligible for a fee waiver under this subsection,
the Secretary shall notify applicants of the basis for such
ineligibility, and allow applicants 90 days from the date on
which the Secretary provides such notice to submit additional
evidence of eligibility. Such applicant shall retain the
original filing date of the application or petition associated
with the fee waiver.
(3) Federal poverty guidelines.--The term ``Federal poverty
guidelines'' has the meaning given such term by the Director of
the Office of Management and Budget, as revised annually by the
18 Secretary of Health and Human Services in accordance with
section 673(2) of the Omnibus Budget Reconciliation Act of 1981
(42 U.S.C. 9902(2)).
(4) Public charge.--
(A) Finding of public charge.--Receipt of an
application for a fee waiver under this section shall
not be considered in a public charge determination
pursuant to section 212(a)(4) or section 237(a)(5).
(B) Sponsors.--Receipt of or application for a fee
waiver by the sponsor of an immigration petition shall
not be considered as a factor in consideration of an
affidavit of support filed by the sponsor.
(e) Construction.--Nothing in this section may be construed--
(1) to limit the existing authority of the Secretary of
Homeland Security or the Attorney General on the date of the
enactment of this Act to require any form or other submission
of information or to perform any background or security check
for the purpose of determining the admissibility, or
eligibility under this section, of any alien; or
(2) to authorize the Secretary or the Attorney General to
consider any condition of eligibility not set forth in this
Act.
(f) Waiver of Regulations.--
(1) 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 this Act. 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.
(2) 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.
(g) Confidentiality of Information.--
(1) 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 for the purpose of immigration
enforcement.
(2) Referrals prohibited.--The Secretary, based solely on
information provided in an application under this Act
(including information provided during administrative or
judicial review) 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.
(3) Limited exception.--Notwithstanding subsections (a) and
(b), information provided in an application under this Act may
be shared with Federal security and law enforcement agencies--
(A) for assistance in the consideration of an
application for adjustment of status under this Act;
(B) to identify or prevent fraudulent claims;
(C) for national security purposes; or
(D) for the investigation or prosecution of any
felony offense not related to immigration status.
(4) 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.
(h) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence under this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(i) Definitions.--Except as otherwise specifically provided in this
section, the definitions used in the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) (excluding the definitions applicable exclusively
to title III of such Act) shall apply in the administration of this
section.
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