[Pages S147-S153]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 36. Mr. DURBIN (for himself, Mr. Padilla, Ms. Cortez Masto, Mr. 
Hickenlooper, Mr. Wyden, Mr. Van Hollen, Mr. Peters, Ms. Baldwin, Mr. 
Blumenthal, Mr. Kaine, Mr. Schiff, and Mr. Booker) submitted an 
amendment intended to be proposed by him to the bill S. 5, to require 
the Secretary of Homeland Security to take into custody aliens who have 
been charged in the United States with theft, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

[[Page S148]]

  


           DIVISION B--AMERICAN DREAM AND PROMISE ACT OF 2025

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``American Dream and Promise Act of 2025''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

           DIVISION B--AMERICAN DREAM AND PROMISE ACT OF 2025

Sec. 1. Short title; table of contents.

                       TITLE I--DREAM ACT OF 2025

Sec. 101. Short title.
Sec. 102. Permanent resident status on a conditional basis for certain 
              long-term residents who entered the United States as 
              children.
Sec. 103. Terms of permanent resident status on a conditional basis.
Sec. 104. Removal of conditional basis of permanent resident status.
Sec. 105. Restoration of State option to determine residency for 
              purposes of higher education benefits.

                 TITLE II--AMERICAN PROMISE ACT OF 2025

Sec. 201. Short title.
Sec. 202. Adjustment of status for certain nationals of certain 
              countries designated for temporary protected status or 
              deferred enforced departure.
Sec. 203. Clarification.

                     TITLE III--GENERAL PROVISIONS

Sec. 301. Definitions.
Sec. 302. Submission of biometric and biographic data; background 
              checks.
Sec. 303. Limitation on removal; application and fee exemption; and 
              other conditions on eligible individuals.
Sec. 304. Determination of continuous presence and residence.
Sec. 305. Exemption from numerical limitations.
Sec. 306. Availability of administrative and judicial review.
Sec. 307. Documentation requirements.
Sec. 308. Rulemaking.
Sec. 309. Confidentiality of information.
Sec. 310. Grant program to assist eligible applicants.
Sec. 311. Provisions affecting eligibility for adjustment of status.
Sec. 312. Supplementary surcharge for appointed counsel.
Sec. 313. Annual report on provisional denial authority.

                       TITLE I--DREAM ACT OF 2025

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Dream Act of 2025''.

     SEC. 102. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS 
                   FOR CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE 
                   UNITED STATES AS CHILDREN.

       (a) Conditional Basis for Status.--Notwithstanding any 
     other provision of law, and except as provided in section 
     104(c)(2), an alien shall be considered, at the time of 
     obtaining the status of an alien lawfully admitted for 
     permanent residence under this section, to have obtained such 
     status on a conditional basis subject to the provisions of 
     this title.
       (b) Requirements.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary or the Attorney General shall adjust to 
     the status of an alien lawfully admitted for permanent 
     residence on a conditional basis, or without the conditional 
     basis as provided in section 104(c)(2), an alien who is 
     inadmissible or deportable from the United States, is subject 
     to a grant of Deferred Enforced Departure, has temporary 
     protected status under section 244 of the Immigration and 
     Nationality Act (8 U.S.C. 1254a), or is the son or daughter 
     of an alien admitted as a nonimmigrant under subparagraph 
     (E)(i), (E)(ii), (H)(i)(b), or (L) of section 101(a)(15) of 
     such Act (8 U.S.C. 1101(a)(15)) if--
       (A) the alien has been continuously physically present in 
     the United States since January 1, 2021;
       (B) the alien was 18 years of age or younger on the date on 
     which the alien entered the United States and has 
     continuously resided in the United States since such entry;
       (C) the alien--
       (i) subject to paragraph (2), is not inadmissible under 
     paragraph (1), (6)(E), (6)(G), (8), or (10) of section 212(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a));
       (ii) has not ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion; and
       (iii) is not barred from adjustment of status under this 
     title based on the criminal and national security grounds 
     described under subsection (c), subject to the provisions of 
     such subsection; and
       (D) the alien--
       (i) has been admitted to an institution of higher 
     education;
       (ii) has been admitted to an area career and technical 
     education school at the postsecondary level;
       (iii) in the United States, has obtained--

       (I) a high school diploma or a commensurate alternative 
     award from a public or private high school;
       (II) a General Education Development credential, a high 
     school equivalency diploma recognized under State law, or 
     another similar State-authorized credential;
       (III) a credential or certificate from an area career and 
     technical education school at the secondary level; or
       (IV) a recognized postsecondary credential; or

       (iv) is enrolled in secondary school or in an education 
     program assisting students in--

       (I) obtaining a high school diploma or its recognized 
     equivalent under State law;
       (II) passing the General Education Development test, a high 
     school equivalence diploma examination, or other similar 
     State-authorized exam;
       (III) obtaining a certificate or credential from an area 
     career and technical education school providing education at 
     the secondary level; or
       (IV) obtaining a recognized postsecondary credential.

       (2) Waiver of grounds of inadmissibility.--With respect to 
     any benefit under this title, and in addition to the waivers 
     under subsection (c)(2), the Secretary may waive the grounds 
     of inadmissibility under paragraph (1), (6)(E), (6)(G), or 
     (10)(D) of section 212(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)) for humanitarian purposes, for family 
     unity, or because the waiver is otherwise in the public 
     interest.
       (3) Application fee.--
       (A) In general.--The Secretary may, subject to an exemption 
     under section 303(c), require an alien applying under this 
     section to pay a reasonable fee that is commensurate with the 
     cost of processing the application but does not exceed 
     $495.00.
       (B) Special procedures for applicants with daca.--The 
     Secretary shall establish a streamlined procedure for aliens 
     who have been granted DACA and who meet the requirements for 
     renewal (under the terms of the program in effect on January 
     1, 2017) to apply for adjustment of status to that of an 
     alien lawfully admitted for permanent residence on a 
     conditional basis under this section, or without the 
     conditional basis as provided in section 104(c)(2). Such 
     procedure shall not include a requirement that the applicant 
     pay a fee, except that the Secretary may require an applicant 
     who meets the requirements for lawful permanent residence 
     without the conditional basis under section 104(c)(2) to pay 
     a fee that is commensurate with the cost of processing the 
     application, subject to the exemption under section 303(c).
       (4) Background checks.--The Secretary may not grant an 
     alien permanent resident status on a conditional basis under 
     this section until the requirements of section 302 are 
     satisfied.
       (5) Military selective service.--An alien applying for 
     permanent resident status on a conditional basis under this 
     section, or without the conditional basis as provided in 
     section 104(c)(2), shall establish that the alien has 
     registered under the Military Selective Service Act (50 
     U.S.C. 3801 et seq.), if the alien is subject to registration 
     under such Act.
       (c) Criminal and National Security Bars.--
       (1) Grounds of ineligibility.--Except as provided in 
     paragraph (2), an alien is ineligible for adjustment of 
     status under this title (whether on a conditional basis or 
     without the conditional basis as provided in section 
     104(c)(2)) if any of the following apply:
       (A) The alien is inadmissible under paragraph (2) or (3) of 
     section 212(a) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)).
       (B) Excluding any offense under State law for which an 
     essential element is the alien's immigration status, and any 
     minor traffic offense, the alien has been convicted of--
       (i) any felony offense;
       (ii) three or more misdemeanor offenses (excluding simple 
     possession of cannabis or cannabis-related paraphernalia, any 
     offense involving cannabis or cannabis-related paraphernalia 
     which is no longer prosecutable in the State in which the 
     conviction was entered, and any offense involving civil 
     disobedience without violence) not occurring on the same 
     date, and not arising out of the same act, omission, or 
     scheme of misconduct; or
       (iii) a misdemeanor offense of domestic violence, unless 
     the alien demonstrates that such crime is related to the 
     alien having been--

       (I) a victim of domestic violence, sexual assault, 
     stalking, child abuse or neglect, abuse or neglect in later 
     life, or human trafficking;
       (II) battered or subjected to extreme cruelty; or
       (III) a victim of criminal activity described in section 
     101(a)(15)(U)(iii) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(U)(iii)).

       (2) Waivers for certain misdemeanors.--For humanitarian 
     purposes, family unity, or if otherwise in the public 
     interest, the Secretary may--
       (A) waive the grounds of inadmissibility under 
     subparagraphs (A), (C), and (D) of section 212(a)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(2)), unless 
     the conviction forming the basis for inadmissibility would 
     otherwise render the alien ineligible under paragraph (1)(B) 
     (subject to subparagraph (B)); and
       (B) for purposes of clauses (ii) and (iii) of paragraph 
     (1)(B), waive consideration of--
       (i) one misdemeanor offense if the alien has not been 
     convicted of any offense in the 5-year period preceding the 
     date on which the alien applies for adjustment of status 
     under this title; or

[[Page S149]]

       (ii) up to two misdemeanor offenses if the alien has not 
     been convicted of any offense in the 10-year period preceding 
     the date on which the alien applies for adjustment of status 
     under this title.
       (3) Authority to conduct secondary review.--
       (A) In general.--Notwithstanding an alien's eligibility for 
     adjustment of status under this title, and subject to the 
     procedures described in this paragraph, the Secretary may, as 
     a matter of non-delegable discretion, provisionally deny an 
     application for adjustment of status (whether on a 
     conditional basis or without the conditional basis as 
     provided in section 104(c)(2)) if the Secretary, based on 
     clear and convincing evidence, which shall include credible 
     law enforcement information, determines that the alien is 
     described in subparagraph (B) or (D).
       (B) Public safety.--An alien is described in this 
     subparagraph if--
       (i) excluding simple possession of cannabis or cannabis-
     related paraphernalia, any offense involving cannabis or 
     cannabis-related paraphernalia which is no longer 
     prosecutable in the State in which the conviction was 
     entered, any offense under State law for which an essential 
     element is the alien's immigration status, any offense 
     involving civil disobedience without violence, and any minor 
     traffic offense, the alien--

       (I) has been convicted of a misdemeanor offense punishable 
     by a term of imprisonment of more than 30 days; or
       (II) has been adjudicated delinquent in a State or local 
     juvenile court proceeding that resulted in a disposition 
     ordering placement in a secure facility; and

       (ii) the alien poses a significant and continuing threat to 
     public safety related to such conviction or adjudication.
       (C) Public safety determination.--For purposes of 
     subparagraph (B)(ii), the Secretary shall consider the 
     recency of the conviction or adjudication; the length of any 
     imposed sentence or placement; the nature and seriousness of 
     the conviction or adjudication, including whether the 
     elements of the offense include the unlawful possession or 
     use of a deadly weapon to commit an offense or other conduct 
     intended to cause serious bodily injury; and any mitigating 
     factors pertaining to the alien's role in the commission of 
     the offense.
       (D) Gang participation.--An alien is described in this 
     subparagraph if the alien has, within the 5 years immediately 
     preceding the date of the application, knowingly, willfully, 
     and voluntarily participated in offenses committed by a 
     criminal street gang (as described in subsections (a) and (c) 
     of section 521 of title 18, United States Code) with the 
     intent to promote or further the commission of such offenses.
       (E) Evidentiary limitation.--For purposes of subparagraph 
     (D), allegations of gang membership obtained from a State or 
     Federal in-house or local database, or a network of databases 
     used for the purpose of recording and sharing activities of 
     alleged gang members across law enforcement agencies, shall 
     not establish the participation described in such paragraph.
       (F) Notice.--
       (i) In general.--Prior to rendering a discretionary 
     decision under this paragraph, the Secretary shall provide 
     written notice of the intent to provisionally deny the 
     application to the alien (or the alien's counsel of record, 
     if any) by certified mail and, if an electronic mail address 
     is provided, by electronic mail (or other form of electronic 
     communication). Such notice shall--

       (I) articulate with specificity all grounds for the 
     preliminary determination, including the evidence relied upon 
     to support the determination; and
       (II) provide the alien with not less than 90 days to 
     respond.

       (ii) Second notice.--Not more than 30 days after the 
     issuance of the notice under clause (i), the Secretary shall 
     provide a second written notice that meets the requirements 
     of such clause.
       (iii) Notice not received.--Notwithstanding any other 
     provision of law, if an applicant provides good cause for not 
     contesting a provisional denial under this paragraph, 
     including a failure to receive notice as required under this 
     subparagraph, the Secretary shall, upon a motion filed by the 
     alien, reopen an application for adjustment of status under 
     this title and allow the applicant an opportunity to respond, 
     consistent with clause (i)(II).
       (G) Judicial review of a provisional denial.--
       (i) In general.--Notwithstanding any other provision of 
     law, if, after notice and the opportunity to respond under 
     subparagraph (F), the Secretary provisionally denies an 
     application for adjustment of status under this division, the 
     alien shall have 60 days from the date of the Secretary's 
     determination to seek review of such determination in an 
     appropriate United States district court.
       (ii) Scope of review and decision.--Notwithstanding any 
     other provision of law, review under paragraph (1) shall be 
     de novo and based solely on the administrative record, except 
     that the applicant shall be given the opportunity to 
     supplement the administrative record and the Secretary shall 
     be given the opportunity to rebut the evidence and arguments 
     raised in such submission. Upon issuing its decision, the 
     court shall remand the matter, with appropriate instructions, 
     to the Department of Homeland Security to render a final 
     decision on the application.
       (iii) Appointed counsel.--Notwithstanding any other 
     provision of law, an applicant seeking judicial review under 
     clause (i) shall be represented by counsel. Upon the request 
     of the applicant, counsel shall be appointed for the 
     applicant, in accordance with procedures to be established by 
     the Attorney General within 90 days of the date of the 
     enactment of this Act, and shall be funded in accordance with 
     fees collected and deposited in the Immigration Counsel 
     Account under section 312.
       (4) Definitions.--For purposes of this subsection--
       (A) the term ``felony offense'' means an offense under 
     Federal or State law that is punishable by a maximum term of 
     imprisonment of more than 1 year;
       (B) the term ``misdemeanor offense'' means an offense under 
     Federal or State law that is punishable by a term of 
     imprisonment of more than 5 days but not more than 1 year; 
     and
       (C) the term ``crime of domestic violence'' means any 
     offense that has as an element the use, attempted use, or 
     threatened use of physical force against a person committed 
     by a current or former spouse of the person, by an individual 
     with whom the person shares a child in common, by an 
     individual who is cohabiting with or has cohabited with the 
     person as a spouse, by an individual similarly situated to a 
     spouse of the person under the domestic or family violence 
     laws of the jurisdiction where the offense occurs, or by any 
     other individual against a person who is protected from that 
     individual's acts under the domestic or family violence laws 
     of the United States or any State, Indian Tribal government, 
     or unit of local government.
       (d) Limitation on Removal of Certain Alien Minors.--An 
     alien who is 18 years of age or younger and meets the 
     requirements under subparagraphs (A), (B), and (C) of 
     subsection (b)(1) shall be provided a reasonable opportunity 
     to meet the educational requirements under subparagraph (D) 
     of such subsection. The Attorney General or the Secretary may 
     not commence or continue with removal proceedings against 
     such an alien.
       (e) Withdrawal of Application.--The Secretary shall, upon 
     receipt of a request to withdraw an application for 
     adjustment of status under this section, cease processing of 
     the application, and close the case. Withdrawal of the 
     application under this subsection shall not prejudice any 
     future application filed by the applicant for any immigration 
     benefit under this title or under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.).

     SEC. 103. TERMS OF PERMANENT RESIDENT STATUS ON A CONDITIONAL 
                   BASIS.

       (a) Period of Status.--Permanent resident status on a 
     conditional basis is--
       (1) valid for a period of 10 years, unless such period is 
     extended by the Secretary; and
       (2) subject to revocation under subsection (c).
       (b) Notice of Requirements.--At the time an alien obtains 
     permanent resident status on a conditional basis, the 
     Secretary shall provide notice to the alien regarding the 
     provisions of this title and the requirements to have the 
     conditional basis of such status removed.
       (c) Revocation of Status.--The Secretary may revoke the 
     permanent resident status on a conditional basis of an alien 
     only if the Secretary--
       (1) determines that the alien ceases to meet the 
     requirements under section 102(b)(1)(C); and
       (2) prior to the revocation, provides the alien--
       (A) notice of the proposed revocation; and
       (B) the opportunity for a hearing to provide evidence that 
     the alien meets such requirements or otherwise to contest the 
     proposed revocation.
       (d) Return to Previous Immigration Status.--An alien whose 
     permanent resident status on a conditional basis expires 
     under subsection (a)(1) or is revoked under subsection (c), 
     shall return to the immigration status that the alien had 
     immediately before receiving permanent resident status on a 
     conditional basis.

     SEC. 104. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT 
                   STATUS.

       (a) Eligibility for Removal of Conditional Basis.--
       (1) In general.--Subject to paragraph (2), the Secretary 
     shall remove the conditional basis of an alien's permanent 
     resident status granted under this title and grant the alien 
     status as an alien lawfully admitted for permanent residence 
     if the alien--
       (A) is described in section 102(b)(1)(C);
       (B) has not abandoned the alien's residence in the United 
     States during the period in which the alien has permanent 
     resident status on a conditional basis; and
       (C)(i) has obtained a degree from an institution of higher 
     education, or has completed at least 2 years, in good 
     standing, of a program in the United States leading to a 
     bachelor's degree or higher degree or a recognized 
     postsecondary credential from an area career and technical 
     education school providing education at the postsecondary 
     level;
       (ii) has served in the Uniformed Services for at least 2 
     years and, if discharged, received an honorable discharge; or
       (iii) demonstrates earned income for periods totaling at 
     least 3 years and at least 75 percent of the time that the 
     alien has had a valid employment authorization, except that, 
     in the case of an alien who was enrolled in an institution of 
     higher education, an area

[[Page S150]]

     career and technical education school to obtain a recognized 
     postsecondary credential, or an education program described 
     in section 102(b)(1)(D)(iii), the Secretary shall reduce such 
     total 3-year requirement by the total of such periods of 
     enrollment.
       (2) Hardship exception.--The Secretary shall remove the 
     conditional basis of an alien's permanent resident status and 
     grant the alien status as an alien lawfully admitted for 
     permanent residence if the alien--
       (A) satisfies the requirements under subparagraphs (A) and 
     (B) of paragraph (1);
       (B) demonstrates compelling circumstances for the inability 
     to satisfy the requirements under subparagraph (C) of such 
     paragraph; and
       (C) demonstrates that--
       (i) the alien has a disability;
       (ii) the alien is a full-time caregiver; or
       (iii) the removal of the alien from the United States would 
     result in hardship to the alien or the alien's spouse, 
     parent, or child who is a national of the United States or is 
     lawfully admitted for permanent residence.
       (3) Citizenship requirement.--
       (A) In general.--Except as provided in subparagraph (B), 
     the conditional basis of an alien's permanent resident status 
     granted under this title may not be removed unless the alien 
     demonstrates that the alien satisfies the requirements under 
     section 312(a) of the Immigration and Nationality Act (8 
     U.S.C. 1423(a)).
       (B) Exception.--Subparagraph (A) shall not apply to an 
     alien who is unable to meet the requirements under such 
     section 312(a) due to disability.
       (4) Application fee.--The Secretary may, subject to an 
     exemption under section 303(c), require aliens applying for 
     removal of the conditional basis of an alien's permanent 
     resident status under this section to pay a reasonable fee 
     that is commensurate with the cost of processing the 
     application.
       (5) Background checks.--The Secretary may not remove the 
     conditional basis of an alien's permanent resident status 
     until the requirements of section 302 are satisfied.
       (b) Treatment for Purposes of Naturalization.--
       (1) In general.--For purposes of title III of the 
     Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an 
     alien granted permanent resident status on a conditional 
     basis shall be considered to have been admitted to the United 
     States, and be present in the United States, as an alien 
     lawfully admitted for permanent residence.
       (2) Limitation on application for naturalization.--An alien 
     may not apply for naturalization while the alien is in 
     permanent resident status on a conditional basis.
       (c) Timing of Approval of Lawful Permanent Resident 
     Status.--
       (1) In general.--An alien granted permanent resident status 
     on a conditional basis under this title may apply to have 
     such conditional basis removed at any time after such alien 
     has met the eligibility requirements set forth in subsection 
     (a).
       (2) Approval with regard to initial applications.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Secretary or the Attorney General shall adjust to 
     the status of an alien lawfully admitted for permanent 
     resident status without conditional basis, any alien who--
       (i) demonstrates eligibility for lawful permanent residence 
     status on a conditional basis under section 102(b); and
       (ii) subject to the exceptions described in subsections 
     (a)(2) and (a)(3)(B) of this section, already has fulfilled 
     the requirements of paragraphs (1) and (3) of subsection (a) 
     of this section at the time such alien first submits an 
     application for benefits under this title.
       (B) Background checks.--Subsection (a)(5) shall apply to an 
     alien seeking lawful permanent resident status without 
     conditional basis in an initial application in the same 
     manner as it applies to an alien seeking removal of the 
     conditional basis of an alien's permanent resident status. 
     Section 102(b)(4) shall not be construed to require the 
     Secretary to conduct more than one identical security or law 
     enforcement background check on such an alien.
       (C) Application fees.--In the case of an alien seeking 
     lawful permanent resident status without conditional basis in 
     an initial application, the alien shall pay the fee required 
     under subsection (a)(4), subject to the exemption allowed 
     under section 303(c), but shall not be required to pay the 
     application fee under section 102(b)(3).

     SEC. 105. 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 original enactment of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (division C of Public Law 104-208; 110 Stat. 3009-
     546).

                 TITLE II--AMERICAN PROMISE ACT OF 2025

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``American Promise Act of 
     2025''.

     SEC. 202. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF 
                   CERTAIN COUNTRIES DESIGNATED FOR TEMPORARY 
                   PROTECTED STATUS OR DEFERRED ENFORCED 
                   DEPARTURE.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary or the Attorney General shall adjust to 
     the status of an alien lawfully admitted for permanent 
     residence, an alien described in subsection (b) if the 
     alien--
       (1) applies for such adjustment, including submitting any 
     required documents under section 307, not later than 3 years 
     after the date of the enactment of this Act;
       (2) has been continuously physically present in the United 
     States for a period of not less than 3 years; and
       (3) subject to subsection (c), is not inadmissible under 
     paragraph (1), (2), (3), (6)(D), (6)(E), (6)(F), (6)(G), (8), 
     or (10) of section 212(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)).
       (b) Aliens Eligible for Adjustment of Status.--An alien 
     shall be eligible for adjustment of status under this section 
     if the alien is an individual--
       (1) who--
       (A) is a national of a foreign state (or part thereof) (or 
     in the case of an alien having no nationality, is a person 
     who last habitually resided in such state) with a designation 
     under subsection (b) of section 244 of the Immigration and 
     Nationality Act (8 U.S.C. 1254a(b)) on January 1, 2017, who 
     had or was otherwise eligible for temporary protected status 
     on such date notwithstanding subsections (c)(1)(A)(iv) and 
     (c)(3)(C) of such section; and
       (B) has not engaged in conduct since such date that would 
     render the alien ineligible for temporary protected status 
     under section 244(c)(2) of the Immigration and Nationality 
     Act (8 U.S.C. 1245a(c)(2)); or
       (2) who was eligible for Deferred Enforced Departure as of 
     January 20, 2021, and has not engaged in conduct since that 
     date that would render the alien ineligible for Deferred 
     Enforced Departure.
       (c) Waiver of Grounds of Inadmissibility.--
       (1) In general.--Except as provided in paragraph (2), with 
     respect to any benefit under this title, and in addition to 
     any waivers that are otherwise available, the Secretary may 
     waive the grounds of inadmissibility under paragraph (1), 
     subparagraphs (A), (C), and (D) of paragraph (2), 
     subparagraphs (D) through (G) of paragraph (6), or paragraph 
     (10)(D) of section 212(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)) for humanitarian purposes, for family 
     unity, or because the waiver is otherwise in the public 
     interest.
       (2) Exception.--The Secretary may not waive a ground 
     described in paragraph (1) if such inadmissibility is based 
     on a conviction or convictions, and such conviction or 
     convictions would otherwise render the alien ineligible under 
     section 244(c)(2)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1254a(c)(2)(B)).
       (d) Application.--
       (1) Fee.--The Secretary shall, subject to an exemption 
     under section 303(c), require an alien applying for 
     adjustment of status under this section to pay a reasonable 
     fee that is commensurate with the cost of processing the 
     application, but does not exceed $1,140.
       (2) Background checks.--The Secretary may not grant an 
     alien permanent resident status on a conditional basis under 
     this section until the requirements of section 302 are 
     satisfied.
       (3) Withdrawal of application.--The Secretary of Homeland 
     Security shall, upon receipt of a request to withdraw an 
     application for adjustment of status under this section, 
     cease processing of the application and close the case. 
     Withdrawal of the application under this subsection shall not 
     prejudice any future application filed by the applicant for 
     any immigration benefit under this title or under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

     SEC. 203. CLARIFICATION.

       Section 244(f)(4) of the Immigration and Nationality Act (8 
     U.S.C. 1254a(f)(4)) is amended by inserting after 
     ``considered'' the following: ``as having been inspected and 
     admitted into the United States, and''.

                     TITLE III--GENERAL PROVISIONS

     SEC. 301. DEFINITIONS.

       (a) In General.--In this division:
       (1) In general.--Except as otherwise specifically provided, 
     any term used in this division that is used in the 
     immigration laws shall have the meaning given such term in 
     the immigration laws.
       (2) Appropriate united states district court.--The term 
     ``appropriate United States district court'' means the United 
     States District Court for the District of Columbia or the 
     United States district court with jurisdiction over the 
     alien's principal place of residence.
       (3) Area career and technical education school.--The term 
     ``area career and technical education school'' has the 
     meaning given such term in section 3 of the Carl D. Perkins 
     Career and Technical Education Act of 2006 (20 U.S.C. 2302).
       (4) DACA.--The term ``DACA'' means deferred action granted 
     to an alien pursuant to the Deferred Action for Childhood 
     Arrivals policy announced by the Secretary of Homeland 
     Security on June 15, 2012.
       (5) Disability.--The term ``disability'' has the meaning 
     given such term in section 3(1) of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12102(1)).
       (6) Federal poverty line.--The term ``Federal poverty 
     line'' has the meaning given such term in section 213A(h) of 
     the Immigration and Nationality Act (8 U.S.C. 1183a).

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       (7) High school; secondary school.--The terms ``high 
     school'' and ``secondary school'' have the meanings given 
     such terms in section 8101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       (8) Immigration laws.--The term ``immigration laws'' has 
     the meaning given such term in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
       (9) Institution of higher education.--The term 
     ``institution of higher education''--
       (A) except as provided in subparagraph (B), has the meaning 
     given such term in section 102 of the Higher Education Act of 
     1965 (20 U.S.C. 1002); and
       (B) does not include an institution of higher education 
     outside of the United States.
       (10) Recognized postsecondary credential.--The term 
     ``recognized postsecondary credential'' has the meaning given 
     such term in section 3 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3102).
       (11) Secretary.--Except as otherwise specifically provided, 
     the term ``Secretary'' means the Secretary of Homeland 
     Security.
       (12) Uniformed services.--The term ``Uniformed Services'' 
     has the meaning given the term ``uniformed services'' in 
     section 101(a) of title 10, United States Code.
       (b) Treatment of Expunged Convictions.--For purposes of 
     adjustment of status under this division, the terms 
     ``convicted'' and ``conviction'', as used in this division 
     and in sections 212 and 244 of the Immigration and 
     Nationality Act (8 U.S.C. 1182, 1254a), do not include a 
     judgment that has been expunged or set aside, that resulted 
     in a rehabilitative disposition, or the equivalent.

     SEC. 302. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA; 
                   BACKGROUND CHECKS.

       (a) Submission of Biometric and Biographic Data.--The 
     Secretary may not grant an alien adjustment of status under 
     this division, on either a conditional or permanent basis, 
     unless the alien submits biometric and biographic data, in 
     accordance with procedures established by the Secretary. The 
     Secretary shall provide an alternative procedure for aliens 
     who are unable to provide such biometric or biographic data 
     because of a physical impairment.
       (b) Background Checks.--The Secretary shall use biometric, 
     biographic, and other data that the Secretary determines 
     appropriate to conduct security and law enforcement 
     background checks and to determine whether there is any 
     criminal, national security, or other factor that would 
     render the alien ineligible for adjustment of status under 
     this division, on either a conditional or permanent basis. 
     The status of an alien may not be adjusted, on either a 
     conditional or permanent basis, unless security and law 
     enforcement background checks are completed to the 
     satisfaction of the Secretary.

     SEC. 303. LIMITATION ON REMOVAL; APPLICATION AND FEE 
                   EXEMPTION; AND OTHER CONDITIONS ON ELIGIBLE 
                   INDIVIDUALS.

       (a) Limitation on Removal.--An alien who appears to be 
     prima facie eligible for relief under this division shall be 
     given a reasonable opportunity to apply for such relief and 
     may not be removed until, subject to section 306(c)(2), a 
     final decision establishing ineligibility for relief is 
     rendered.
       (b) Application.--An alien present in the United States who 
     has been ordered removed or has been permitted to depart 
     voluntarily from the United States may, notwithstanding such 
     order or permission to depart, apply for adjustment of status 
     under this division. Such alien shall not be required to file 
     a separate motion to reopen, reconsider, or vacate the order 
     of removal. If the Secretary approves the application, the 
     Secretary shall cancel the order of removal. If the Secretary 
     renders a final administrative decision to deny the 
     application, the order of removal or permission to depart 
     shall be effective and enforceable to the same extent as if 
     the application had not been made, only after all available 
     administrative and judicial remedies have been exhausted.
       (c) Fee Exemption.--An applicant may be exempted from 
     paying an application fee required under this division if the 
     applicant--
       (1) is 18 years of age or younger;
       (2) received total income, during the 12-month period 
     immediately preceding the date on which the applicant files 
     an application under this division, that is less than 150 
     percent of the Federal poverty line;
       (3) is in foster care or otherwise lacks any parental or 
     other familial support; or
       (4) cannot care for himself or herself because of a 
     serious, chronic disability.
       (d) Advance Parole.--During the period beginning on the 
     date on which an alien applies for adjustment of status under 
     this division and ending on the date on which the Secretary 
     makes a final decision regarding such application, the alien 
     shall be eligible to apply for advance parole. Section 101(g) 
     of the Immigration and Nationality Act (8 U.S.C. 1101(g)) 
     shall not apply to an alien granted advance parole under this 
     division.
       (e) Employment.--An alien whose removal is stayed pursuant 
     to this division, who may not be placed in removal 
     proceedings pursuant to this Act, or who has pending an 
     application under this division, shall, upon application to 
     the Secretary, be granted an employment authorization 
     document.

     SEC. 304. DETERMINATION OF CONTINUOUS PRESENCE AND RESIDENCE.

       (a) Effect of Notice To Appear.--Any period of continuous 
     physical presence or continuous residence in the United 
     States of an alien who applies for permanent resident status 
     under this division (whether on a conditional basis or 
     without the conditional basis as provided in section 
     104(c)(2)) shall not terminate when the alien is served a 
     notice to appear under section 239(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1229(a)).
       (b) Treatment of Certain Breaks in Presence or Residence.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), an alien shall be considered to have failed to 
     maintain--
       (A) continuous physical presence in the United States under 
     this division if the alien has departed from the United 
     States for any period exceeding 90 days or for any periods, 
     in the aggregate, exceeding 180 days; and
       (B) continuous residence in the United States under this 
     division if the alien has departed from the United States for 
     any period exceeding 180 days, unless the alien establishes 
     to the satisfaction of the Secretary of Homeland Security 
     that the alien did not in fact abandon residence in the 
     United States during such period.
       (2) Extensions for extenuating circumstances.--The 
     Secretary may extend the time periods described in paragraph 
     (1) for an alien who demonstrates that the failure to timely 
     return to the United States was due to extenuating 
     circumstances beyond the alien's control, including--
       (A) the serious illness of the alien;
       (B) death or serious illness of a parent, grandparent, 
     sibling, or child of the alien;
       (C) processing delays associated with the application 
     process for a visa or other travel document; or
       (D) restrictions on international travel due to the public 
     health emergency declared by the Secretary of Health and 
     Human Services under section 319 of the Public Health Service 
     Act (42 U.S.C. 247d) with respect to COVID-19.
       (3) Travel authorized by the secretary.--Any period of 
     travel outside of the United States by an alien that was 
     authorized by the Secretary may not be counted toward any 
     period of departure from the United States under paragraph 
     (1).
       (c) Waiver of Physical Presence.--With respect to aliens 
     who were removed or departed the United States on or after 
     January 20, 2017, and who were continuously physically 
     present in the United States for at least 4 years prior to 
     such removal or departure, the Secretary may, as a matter of 
     discretion, waive the physical presence requirement under 
     section 102(b)(1)(A) or section 202(a)(2) for humanitarian 
     purposes, for family unity, or because a waiver is otherwise 
     in the public interest. The Secretary, in consultation with 
     the Secretary of State, shall establish a procedure for such 
     aliens to apply for relief under section 102 or 202 from 
     outside the United States if they would have been eligible 
     for relief under such section, but for their removal or 
     departure.

     SEC. 305. EXEMPTION FROM NUMERICAL LIMITATIONS.

       Nothing in this division or in any other law may be 
     construed to apply a numerical limitation on the number of 
     aliens who may be granted permanent resident status under 
     this division (whether on a conditional basis, or without the 
     conditional basis as provided in section 104(c)(2)).

     SEC. 306. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL REVIEW.

       (a) Administrative Review.--Not later than 30 days after 
     the date of the enactment of this Act, the Secretary shall 
     provide to aliens who have applied for adjustment of status 
     under this division a process by which an applicant may seek 
     administrative appellate review of a denial of an application 
     for adjustment of status, or a revocation of such status.
       (b) Judicial Review.--Except as provided in subsection (c), 
     and notwithstanding any other provision of law, an alien may 
     seek judicial review of a denial of an application for 
     adjustment of status, or a revocation of such status, under 
     this division in an appropriate United States district court.
       (c) Stay of Removal.--
       (1) In general.--Except as provided in paragraph (2), an 
     alien seeking administrative or judicial review under this 
     division may not be removed from the United States until a 
     final decision is rendered establishing that the alien is 
     ineligible for adjustment of status under this division.
       (2) Exception.--The Secretary may remove an alien described 
     in paragraph (1) pending judicial review if such removal is 
     based on criminal or national security grounds described in 
     this division. Such removal shall not affect the alien's 
     right to judicial review under this division. The Secretary 
     shall promptly return a removed alien if a decision to deny 
     an application for adjustment of status under this division, 
     or to revoke such status, is reversed.

     SEC. 307. DOCUMENTATION REQUIREMENTS.

       (a) Documents Establishing Identity.--An alien's 
     application for permanent resident status under this division 
     (whether on a conditional basis, or without the conditional 
     basis as provided in section 104(c)(2)) may include, as 
     evidence of identity, the following:
       (1) A passport or national identity document from the 
     alien's country of origin that includes the alien's name and 
     the alien's photograph or fingerprint.
       (2) The alien's birth certificate and an identity card that 
     includes the alien's name and photograph.
       (3) A school identification card that includes the alien's 
     name and photograph, and school records showing the alien's 
     name and that the alien is or was enrolled at the school.

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       (4) A Uniformed Services identification card issued by the 
     Department of Defense.
       (5) Any immigration or other document issued by the United 
     States Government bearing the alien's name and photograph.
       (6) A State-issued identification card bearing the alien's 
     name and photograph.
       (7) Any other evidence determined to be credible by the 
     Secretary.
       (b) Documents Establishing Entry, Continuous Physical 
     Presence, Lack of Abandonment of Residence.--To establish 
     that an alien was 18 years of age or younger on the date on 
     which the alien entered the United States, and has 
     continuously resided in the United States since such entry, 
     as required under section 102(b)(1)(B), that an alien has 
     been continuously physically present in the United States, as 
     required under section 102(b)(1)(A) or 202(a)(2), or that an 
     alien has not abandoned residence in the United States, as 
     required under section 104(a)(1)(B), the alien may submit the 
     following forms of evidence:
       (1) Passport entries, including admission stamps on the 
     alien's passport.
       (2) Any document from the Department of Justice or the 
     Department of Homeland Security noting the alien's date of 
     entry into the United States.
       (3) Records from any educational institution the alien has 
     attended in the United States.
       (4) Employment records of the alien that include the 
     employer's name and contact information, or other records 
     demonstrating earned income.
       (5) Records of service from the Uniformed Services.
       (6) Official records from a religious entity confirming the 
     alien's participation in a religious ceremony.
       (7) A birth certificate for a child who was born in the 
     United States.
       (8) Hospital or medical records showing medical treatment 
     or hospitalization, the name of the medical facility or 
     physician, and the date of the treatment or hospitalization.
       (9) Automobile license receipts or registration.
       (10) Deeds, mortgages, or rental agreement contracts.
       (11) Rent receipts or utility bills bearing the alien's 
     name or the name of an immediate family member of the alien, 
     and the alien's address.
       (12) Tax receipts.
       (13) Insurance policies.
       (14) Remittance records, including copies of money order 
     receipts sent in or out of the country.
       (15) Travel records.
       (16) Dated bank transactions.
       (17) Two or more sworn affidavits from individuals who are 
     not related to the alien who have direct knowledge of the 
     alien's continuous physical presence in the United States, 
     that contain--
       (A) the name, address, and telephone number of the affiant; 
     and
       (B) the nature and duration of the relationship between the 
     affiant and the alien.
       (18) Any other evidence determined to be credible by the 
     Secretary.
       (c) Documents Establishing Admission to an Institution of 
     Higher Education.--To establish that an alien has been 
     admitted to an institution of higher education, the alien may 
     submit to the Secretary a document from the institution of 
     higher education certifying that the alien--
       (1) has been admitted to the institution; or
       (2) is currently enrolled in the institution as a student.
       (d) Documents Establishing Receipt of a Degree From an 
     Institution of Higher Education.--To establish that an alien 
     has acquired a degree from an institution of higher education 
     in the United States, the alien may submit to the Secretary a 
     diploma or other document from the institution stating that 
     the alien has received such a degree.
       (e) Documents Establishing Receipt of a High School 
     Diploma, General Educational Development Credential, or a 
     Recognized Equivalent.--To establish that in the United 
     States an alien has earned a high school diploma or a 
     commensurate alternative award from a public or private high 
     school, has obtained the General Education Development 
     credential, or otherwise has satisfied section 
     102(b)(1)(D)(iii), the alien may submit to the Secretary the 
     following:
       (1) A high school diploma, certificate of completion, or 
     other alternate award.
       (2) A high school equivalency diploma or certificate 
     recognized under State law.
       (3) Evidence that the alien passed a State-authorized exam, 
     including the General Education Development test, in the 
     United States.
       (4) Evidence that the alien successfully completed an area 
     career and technical education program, such as a 
     certification, certificate, or similar alternate award.
       (5) Evidence that the alien obtained a recognized 
     postsecondary credential.
       (6) Any other evidence determined to be credible by the 
     Secretary.
       (f) Documents Establishing Enrollment in an Educational 
     Program.--To establish that an alien is enrolled in any 
     school or education program described in section 
     102(b)(1)(D)(iv) or 104(a)(1)(C), the alien may submit school 
     records from the United States school that the alien is 
     currently attending that include--
       (1) the name of the school; and
       (2) the alien's name, periods of attendance, and current 
     grade or educational level.
       (g) Documents Establishing Exemption From Application 
     Fees.--To establish that an alien is exempt from an 
     application fee under this division, the alien may submit to 
     the Secretary the following relevant documents:
       (1) Documents to establish age.--To establish that an alien 
     meets an age requirement, the alien may provide proof of 
     identity, as described in subsection (a), that establishes 
     that the alien is 18 years of age or younger.
       (2) Documents to establish income.--To establish the 
     alien's income, the alien may provide--
       (A) employment records or other records of earned income, 
     including records that have been maintained by the Social 
     Security Administration, the Internal Revenue Service, or any 
     other Federal, State, or local government agency;
       (B) bank records; or
       (C) at least two sworn affidavits from individuals who are 
     not related to the alien and who have direct knowledge of the 
     alien's work and income that contain--
       (i) the name, address, and telephone number of the affiant; 
     and
       (ii) the nature and duration of the relationship between 
     the affiant and the alien.
       (3) Documents to establish foster care, lack of familial 
     support, or serious, chronic disability.--To establish that 
     the alien is in foster care, lacks parental or familial 
     support, or has a serious, chronic disability, the alien may 
     provide at least two sworn affidavits from individuals who 
     are not related to the alien and who have direct knowledge of 
     the circumstances that contain--
       (A) a statement that the alien is in foster care, otherwise 
     lacks any parental or other familiar support, or has a 
     serious, chronic disability, as appropriate;
       (B) the name, address, and telephone number of the affiant; 
     and
       (C) the nature and duration of the relationship between the 
     affiant and the alien.
       (h) Documents Establishing Qualification for Hardship 
     Exemption.--To establish that an alien satisfies one of the 
     criteria for the hardship exemption set forth in section 
     104(a)(2)(C), the alien may submit to the Secretary at least 
     two sworn affidavits from individuals who are not related to 
     the alien and who have direct knowledge of the circumstances 
     that warrant the exemption, that contain--
       (1) the name, address, and telephone number of the affiant; 
     and
       (2) the nature and duration of the relationship between the 
     affiant and the alien.
       (i) Documents Establishing Service in the Uniformed 
     Services.--To establish that an alien has served in the 
     Uniformed Services for at least 2 years and, if discharged, 
     received an honorable discharge, the alien may submit to the 
     Secretary--
       (1) a Department of Defense form DD-214;
       (2) a National Guard Report of Separation and Record of 
     Service form 22;
       (3) personnel records for such service from the appropriate 
     Uniformed Service; or
       (4) health records from the appropriate Uniformed Service.
       (j) Documents Establishing Earned Income.--
       (1) In general.--An alien may satisfy the earned income 
     requirement under section 104(a)(1)(C)(iii) by submitting 
     records that--
       (A) establish compliance with such requirement; and
       (B) have been maintained by the Social Security 
     Administration, the Internal Revenue Service, or any other 
     Federal, State, or local government agency.
       (2) Other documents.--An alien who is unable to submit the 
     records described in paragraph (1) may satisfy the earned 
     income requirement by submitting at least two types of 
     reliable documents that provide evidence of employment or 
     other forms of earned income, including--
       (A) bank records;
       (B) business records;
       (C) employer or contractor records;
       (D) records of a labor union, day labor center, or 
     organization that assists workers in employment;
       (E) sworn affidavits from individuals who are not related 
     to the alien and who have direct knowledge of the alien's 
     work, that contain--
       (i) the name, address, and telephone number of the affiant; 
     and
       (ii) the nature and duration of the relationship between 
     the affiant and the alien;
       (F) remittance records; or
       (G) any other evidence determined to be credible by the 
     Secretary.
       (k) Authority To Prohibit Use of Certain Documents.--If the 
     Secretary determines, after publication in the Federal 
     Register and an opportunity for public comment, that any 
     document or class of documents does not reliably establish 
     identity or that permanent resident status under this 
     division (whether on a conditional basis, or without the 
     conditional basis as provided in section 104(c)(2)) is being 
     obtained fraudulently to an unacceptable degree, the 
     Secretary may prohibit or restrict the use of such document 
     or class of documents.

     SEC. 308. RULEMAKING.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary shall publish in the 
     Federal Register interim final rules implementing this 
     division, which shall allow eligible individuals to 
     immediately apply for relief under this division. 
     Notwithstanding section 553 of

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     title 5, United States Code, the regulation shall be 
     effective, on an interim basis, immediately upon publication, 
     but may be subject to change and revision after public notice 
     and opportunity for a period of public comment. The Secretary 
     shall finalize such rules not later than 180 days after the 
     date of publication.
       (b) Paperwork Reduction Act.--The requirements under 
     chapter 35 of title 44, United States Code, (commonly known 
     as the ``Paperwork Reduction Act'') shall not apply to any 
     action to implement this division.

     SEC. 309. CONFIDENTIALITY OF INFORMATION.

       (a) In General.--The Secretary may not disclose or use 
     information (including information provided during 
     administrative or judicial review) provided in applications 
     filed under this division or in requests for DACA for the 
     purpose of immigration enforcement.
       (b) Referrals Prohibited.--The Secretary, based solely on 
     information provided in an application for adjustment of 
     status under this division (including information provided 
     during administrative or judicial review) or an application 
     for DACA, may not refer an applicant to U.S. Immigration and 
     Customs Enforcement, U.S. Customs and Border Protection, or 
     any designee of either such entity.
       (c) Limited Exception.--Notwithstanding subsections (a) and 
     (b), information provided in an application for adjustment of 
     status under this division may be shared with Federal 
     security and law enforcement agencies--
       (1) for assistance in the consideration of an application 
     for adjustment of status under this division;
       (2) to identify or prevent fraudulent claims;
       (3) for national security purposes; or
       (4) for the investigation or prosecution of any felony 
     offense not related to immigration status.
       (d) Penalty.--Any person who knowingly uses, publishes, or 
     permits information to be examined in violation of this 
     section shall be fined not more than $10,000.

     SEC. 310. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.

       (a) Establishment.--The Secretary shall establish, within 
     U.S. Citizenship and Immigration Services, a program to award 
     grants, on a competitive basis, to eligible nonprofit 
     organizations that will use the funding to assist eligible 
     applicants under this division by providing them with the 
     services described in subsection (b).
       (b) Use of Funds.--Grant funds awarded under this section 
     shall be used for the design and implementation of programs 
     that provide--
       (1) information to the public regarding the eligibility and 
     benefits of permanent resident status under this division 
     (whether on a conditional basis, or without the conditional 
     basis as provided in section 104(c)(2)), particularly to 
     individuals potentially eligible for such status;
       (2) assistance, within the scope of authorized practice of 
     immigration law, to individuals submitting applications for 
     adjustment of status under this division (whether on a 
     conditional basis, or without the conditional basis as 
     provided in section 104(c)(2)), including--
       (A) screening prospective applicants to assess their 
     eligibility for such status;
       (B) completing applications and petitions, including 
     providing assistance in obtaining the requisite documents and 
     supporting evidence; and
       (C) providing any other assistance that the Secretary or 
     grantee considers useful or necessary to apply for adjustment 
     of status under this division (whether on a conditional 
     basis, or without the conditional basis as provided in 
     section 104(c)(2)); and
       (3) assistance, within the scope of authorized practice of 
     immigration law, and instruction, to individuals--
       (A) on the rights and responsibilities of United States 
     citizenship;
       (B) in civics and English as a second language;
       (C) in preparation for the General Education Development 
     test; and
       (D) in applying for adjustment of status and United States 
     citizenship.
       (c) Authorization of Appropriations.--
       (1) Amounts authorized.--There are authorized to be 
     appropriated such sums as may be necessary for each of the 
     fiscal years 2024 through 2034 to carry out this section.
       (2) Availability.--Any amounts appropriated pursuant to 
     paragraph (1) shall remain available until expended.

     SEC. 311. PROVISIONS AFFECTING ELIGIBILITY FOR ADJUSTMENT OF 
                   STATUS.

       An alien's eligibility to be lawfully admitted for 
     permanent residence under this division (whether on a 
     conditional basis, or without the conditional basis as 
     provided in section 104(c)(2)) shall not preclude the alien 
     from seeking any status under any other provision of law for 
     which the alien may otherwise be eligible.

     SEC. 312. SUPPLEMENTARY SURCHARGE FOR APPOINTED COUNSEL.

       (a) In General.--Except as provided in section 302 and in 
     cases where the applicant is exempt from paying a fee under 
     section 303(c), in any case in which a fee is charged 
     pursuant to this division, an additional surcharge of $25 
     shall be imposed and collected for the purpose of providing 
     appointed counsel to applicants seeking judicial review of 
     the Secretary's decision to provisionally deny an application 
     under this division.
       (b) Immigration Counsel Account.--There is established in 
     the general fund of the Treasury a separate account which 
     shall be known as the ``Immigration Counsel Account''. Fees 
     collected under subsection (a) shall be deposited into the 
     Immigration Counsel Account and shall remain available until 
     expended for purposes of providing appointed counsel as 
     required under this division.
       (c) Report.--At the end of each 2-year period, beginning 
     with the establishment of this account, the Secretary of 
     Homeland Security shall submit a report to the Congress 
     concerning the status of the account, including any balances 
     therein, and recommend any adjustment in the prescribed fee 
     that may be required to ensure that the receipts collected 
     from the fee charged for the succeeding two years equal, as 
     closely as possible, the cost of providing appointed counsel 
     as required under this division.

     SEC. 313. ANNUAL REPORT ON PROVISIONAL DENIAL AUTHORITY.

       Not later than 1 year after the date of the enactment of 
     this Act, and annually thereafter, the Secretary of Homeland 
     Security shall submit to the Congress a report detailing the 
     number of applicants that receive--
       (1) a provisional denial under this division;
       (2) a final denial under this division without seeking 
     judicial review;
       (3) a final denial under this division after seeking 
     judicial review; and
       (4) an approval under this division after seeking judicial 
     review.
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