Text: S.1291 — 107th Congress (2001-2002)All Information (Except Text)

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Reported to Senate (06/20/2002)

 
[Congressional Bills 107th Congress]
[From the U.S. Government Printing Office]
[S. 1291 Reported in Senate (RS)]






                                                       Calendar No. 425
107th CONGRESS
  2d Session
                                S. 1291

 To amend the Illegal Immigration Reform and Immigrant Responsibility 
 Act of 1996 to permit States to determine State residency for higher 
  education purposes and to authorize the cancellation of removal and 
 adjustment of status of certain alien college-bound students who are 
                   long-term United States residents.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2001

Mr. Hatch (for himself and Ms. Cantwell) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

                             June 20, 2002

 Reported by Mr. Leahy, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To amend the Illegal Immigration Reform and Immigrant Responsibility 
 Act of 1996 to permit States to determine State residency for higher 
  education purposes and to authorize the cancellation of removal and 
 adjustment of status of certain alien college-bound students who are 
                   long-term United States residents.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Development, Relief, and 
Education for Alien Minors Act'' or ``DREAM Act''.</DELETED>

<DELETED>SEC. 2. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR 
              PURPOSES OF HIGHER EDUCATION BENEFITS.</DELETED>

<DELETED>    Section 505 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 
110 Stat 3009-672; 8 U.S.C. 1623) is repealed.</DELETED>

<DELETED>SEC. 3. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF 
              CERTAIN LONG-TERM RESIDENT STUDENTS.</DELETED>

<DELETED>    (a) Special Rule for Children in Qualified Institutions of 
Higher Education.--</DELETED>
        <DELETED>    (1) In general.--Notwithstanding any other 
        provision of law and subject to paragraph (2), the Attorney 
        General may cancel removal of, and adjust to the status of an 
        alien lawfully admitted for permanent residence, subject to the 
        conditional basis described in section 4, an alien who is 
        inadmissible or deportable from the United States, if the alien 
        demonstrates that--</DELETED>
                <DELETED>    (A) the alien has applied for relief under 
                this subsection not later than two years after the date 
                of enactment of this Act;</DELETED>
                <DELETED>    (B) the alien has not, at the time of 
                application, attained the age of 21;</DELETED>
                <DELETED>    (C) the alien, at the time of application, 
                is attending an institution of higher education in the 
                United States (as defined in section 101 of the Higher 
                Education Act of 1965 (20 U.S.C. 1001));</DELETED>
                <DELETED>    (D) the alien was physically present in 
                the United States on the date of the enactment of this 
                Act and has been physically present in the United 
                States for a continuous period of not less than five 
                years immediately preceding the date of enactment of 
                this Act;</DELETED>
                <DELETED>    (E) the alien has been a person of good 
                moral character during such period; and</DELETED>
                <DELETED>    (F) the alien is not inadmissible under 
                section 212(a)(2) or 212(a)(3) or deportable under 
                section 237(a)(2) or 237(a)(4).</DELETED>
        <DELETED>    (2) Procedures.--The Attorney General shall 
        provide a procedure by regulation allowing eligible individuals 
        to apply affirmatively for the relief available under this 
        paragraph without being placed in removal 
        proceedings.</DELETED>
<DELETED>    (b) Termination of Continuous Period.--For purposes of 
this section, any period of continuous residence or continuous physical 
presence in the United States of an alien who applies for cancellation 
of removal under this section shall not terminate when the alien is 
served a notice to appear under section 239(a) of the Immigration and 
Nationality Act.</DELETED>
<DELETED>    (c) Treatment of Certain Breaks in Presence.--An alien 
shall be considered to have failed to maintain continuous physical 
presence in the United States under subsection (a) if the alien has 
departed from the United States for any period in excess of 90 days or 
for any periods in the aggregate exceeding 180 days.</DELETED>
<DELETED>    (d) Statutory Construction.--Nothing in this section may 
be construed to apply a numerical limitation on the number of aliens 
who may be eligible for cancellation of removal or adjustment of status 
under this section.</DELETED>
<DELETED>    (e) Regulations.--</DELETED>
        <DELETED>    (1) Proposed regulations.--Not later than 90 days 
        after the date of the enactment of this Act, the Attorney 
        General shall publish proposed regulations implementing this 
        section.</DELETED>
        <DELETED>    (2) Interim, final regulations.--Not later than 
        180 days after the date of the enactment of this Act, the 
        Attorney General shall publish final regulations implementing 
        this section. Such regulations shall be effective immediately 
        on an interim basis, but are subject to change and revision 
        after public notice and opportunity for a period for public 
comment.</DELETED>

<DELETED>SEC. 4. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN 
              LONG-TERM RESIDENT STUDENTS.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (1) Conditional basis for status.--Notwithstanding 
        any other provision of this Act, an alien whose status has been 
        adjusted under section 3 to that of an alien lawfully admitted 
        for permanent residence shall be considered, at the time of 
        obtaining the adjustment of status, to have obtained such 
        status on a conditional basis subject to the provisions of this 
        section.</DELETED>
        <DELETED>    (2) Notice of requirements.--</DELETED>
                <DELETED>    (A) At time of obtaining permanent 
                residence.--At the time an alien obtains permanent 
                resident status on a conditional basis under paragraph 
                (1), the Attorney General shall provide for notice to 
                such alien respecting the provisions of this section 
                and the requirements of subsection (c)(1) to have the 
                conditional basis of such status removed.</DELETED>
                <DELETED>    (B) At time of required petition.--In 
                addition, the Attorney General shall attempt to provide 
                notice to such an alien, at or about the date of the 
                alien's graduation from an institution of higher 
                education of the requirements of subsection 
                (c)(1).</DELETED>
                <DELETED>    (C) Effect of failure to provide notice.--
                The failure of the Attorney General to provide a notice 
                under this paragraph shall not affect the enforcement 
                of the provisions of this section with respect to such 
                an alien.</DELETED>
<DELETED>    (b) Termination of Status if Finding That Qualifying 
Education Improper.--</DELETED>
        <DELETED>    (1) In general.--In the case of an alien with 
        permanent resident status on a conditional basis under 
        subsection (a), if the Attorney General determines that the 
        alien is no longer a student in good standing at an accredited 
        institution of higher education, the Attorney General shall so 
        notify the alien and, subject to paragraph (2), shall terminate 
        the permanent resident status of the alien as of the date of 
        the determination.</DELETED>
        <DELETED>    (2) Hearing in removal proceeding.--Any alien 
        whose permanent resident status is terminated under paragraph 
        (1) may request a review of such determination in a proceeding 
        to remove the alien. In such proceeding, the burden of proof 
        shall be on the alien to establish, by a preponderance of the 
        evidence, that the condition described in paragraph (1) is not 
        met.</DELETED>
<DELETED>    (c) Requirements of Timely Petition for Removal of 
Condition.--</DELETED>
        <DELETED>    (1) In general.--In order for the conditional 
        basis established under subsection (a) for an alien to be 
        removed the alien must submit to the Attorney General, during 
        the period described in subsection (d)(2), a petition which 
        requests the removal of such conditional basis and which 
        states, under penalty of perjury, the facts and information 
        described in subsection (d)(1).</DELETED>
        <DELETED>    (2) Termination of permanent resident status for 
        failure to file petition.--</DELETED>
                <DELETED>    (A) In general.--In the case of an alien 
                with permanent resident status on a conditional basis 
                under subsection (a), if no petition is filed with 
                respect to the alien in accordance with the provisions 
                of paragraph (1), the Attorney General shall terminate 
                the permanent resident status of the alien as of the 
                90th day after the graduation of the alien from an 
                institution of higher education.</DELETED>
                <DELETED>    (B) Hearing in removal proceeding.--In any 
                removal proceeding with respect to an alien whose 
                permanent resident status is terminated under 
                subparagraph (A), the burden of proof shall be on the 
                alien to establish compliance with the condition of 
                paragraph (1).</DELETED>
        <DELETED>    (3) Determination after petition and interview.--
        </DELETED>
                <DELETED>    (A) In general.--If a petition is filed in 
                accordance with the provisions of paragraph (1), the 
                Attorney General shall make a determination, within 90 
                days, as to whether the facts and information described 
                in subsection (d)(1) and alleged in the petition are 
                true with respect to the alien's education.</DELETED>
                <DELETED>    (B) Removal of conditional basis if 
                favorable determination.--If the Attorney General 
                determines that such facts and information are true, 
                the Attorney General shall so notify the alien and 
                shall remove the conditional basis of the status of the 
                alien effective as of the 90th day after the alien's 
                graduation from an institution of higher 
                education.</DELETED>
                <DELETED>    (C) Termination if adverse 
                determination.--If the Attorney General determines that 
                such facts and information are not true, the Attorney 
                General shall so notify the alien and, subject to 
subparagraph (D), shall terminate the permanent resident status of an 
alien as of the date of the determination.</DELETED>
                <DELETED>    (D) Hearing in removal proceeding.--Any 
                alien whose permanent resident status is terminated 
                under subparagraph (C) may request a review of such 
                determination in a proceeding to remove the alien. In 
                such proceeding, the burden of proof shall be on the 
                Attorney General to establish, by a preponderance of 
                the evidence, that the facts and information described 
                in subsection (d)(1) and alleged in the petition are 
                not true with respect to the alien's 
                education.</DELETED>
<DELETED>    (d) Details of Petition.--</DELETED>
        <DELETED>    (1) Contents of petition.--Each petition under 
        subsection (c)(1)(A) shall contain the following facts and 
        information:</DELETED>
                <DELETED>    (A) The alien graduated from an 
                institution of higher education, as evidenced by an 
                official report from the registrar--</DELETED>
                        <DELETED>    (i) within six years, in the case 
                        of a four-year bachelor's degree program; 
                        or</DELETED>
                        <DELETED>    (ii) within four years, in the 
                        case of the degree program of a two-year 
                        institution.</DELETED>
                <DELETED>    (B) The alien maintained good moral 
                character.</DELETED>
                <DELETED>    (C) The alien has not been convicted of 
                any offense described in section 237(a)(2) or 
                237(a)(4).</DELETED>
                <DELETED>    (D) The alien has maintained continuous 
                physical residence in the United States.</DELETED>
        <DELETED>    (2) Period for filing petition.--The petition 
        under subsection (c)(1)(A) must be filed during the 90-day 
        period after the alien's graduation from a institution of 
        higher education.</DELETED>
<DELETED>    (e) Treatment of Period for Purposes of Naturalization.--
For purposes of title III of the Immigration and Nationality Act, in 
the case of an alien who is in the United States as a lawful permanent 
resident on a conditional basis under this section, the alien shall be 
considered to have been admitted as an alien lawfully admitted for 
permanent residence and to be in the United States as an alien lawfully 
admitted to the United States for permanent residence.</DELETED>
<DELETED>    (f) Treatment of Certain Waivers.--In the case of an alien 
who has permanent residence status on a conditional basis under this 
section, if, in order to obtain such status, the alien obtained a 
waiver under subsection (h) or (i) of section 212 of the Immigration 
and Nationality Act of certain grounds of inadmissibility, such waiver 
terminates upon the termination of such permanent residence status 
under this section.</DELETED>
<DELETED>    (g) Institution of Higher Education Defined.--In this 
section, the term ``institution of higher education'' has the meaning 
given the term in section 101 of the Higher Education Act of 1965 (20 
U.S.C.1001).</DELETED>

<DELETED>SEC. 5. GAO REPORT.</DELETED>

<DELETED>    Six years after the date of enactment of this Act, the 
Comptroller General of the United States shall submit a report to the 
Committees on the Judiciary of the Senate and the House of 
Representatives setting forth--</DELETED>
        <DELETED>    (1) the number of aliens who were eligible for 
        cancellation of removal and adjustment of status during the 
        application period described in section 3(a)(1)(A);</DELETED>
        <DELETED>    (2) the number of aliens who applied for 
        adjustment of status under section 3(a);</DELETED>
        <DELETED>    (3) the number of aliens who were granted 
        adjustment of status under section 3(a); and</DELETED>
        <DELETED>    (4) the number of aliens with respect to whom the 
        conditional basis of their status was removed under section 
        4.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Development, Relief, and Education 
for Alien Minors Act'' or the ``DREAM Act''.

SEC. 2. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES 
              OF HIGHER EDUCATION BENEFITS.

    Section 505 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Division C of Public Law 104-208; 110 Stat. 
3009-672; 8 U.S.C. 1623) is repealed.

SEC. 3. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF CERTAIN 
              ALIEN HIGH SCHOOL GRADUATES WHO ARE LONG-TERM RESIDENTS 
              OF THE UNITED STATES.

    (a) Special Rule for Certain Alien High School Graduates.--
            (1) In general.--Except as otherwise provided in paragraph 
        (2), notwithstanding any other provision of law, the Attorney 
        General may cancel the removal of, and adjust to the status of 
        an alien lawfully admitted for permanent residence, an alien 
        who is inadmissible or deportable from the United States, if 
        the alien applies for such cancellation and adjustment of 
        status and demonstrates that--
                    (A) the alien has attained 12 years of age prior to 
                the date of enactment of this Act;
                    (B) the alien has not, prior to the date of filing 
                the application for cancellation of removal and 
                adjustment of status under this subsection, attained 
                the age of 21 years;
                    (C) the alien, prior to the date of filing an 
                application for cancellation of removal and adjustment 
                of status under this subsection, has received a 
                certificate of graduation from a school providing 
                secondary education or the recognized equivalent of 
                such certificate;
                    (D) has maintained a continuous physical presence 
                in the United States for a period of not less than 5 
                years immediately preceding the date of enactment of 
                this Act;
                    (E) the alien is a person of good moral character; 
                and
                    (F) is not inadmissible under section 212(a)(2) (8 
                U.S.C. 1182(a)(2)) or 212(a)(3) (8 U.S.C. 1182(a)(3)) 
                or deportable under section 237(a)(2) (8 U.S.C. 
                1227(a)(2)) or 237(a)(4) (8 U.S.C. 1227(a)(4)) of the 
                Immigration and Nationality Act.
            (2) Exceptions.--
                    (A) Rehabilitation and hardship to certain 
                aliens.--Notwithstanding subparagraph (F) of paragraph 
                (1), the Attorney General may cancel the removal of, 
                and adjust to the status of an alien lawfully admitted 
                for permanent residence, an alien (other than an alien 
                convicted of an aggravated felony, as defined in 
                section 101(a)(43) of the Immigration and Nationality 
                Act (8 U.S.C. 1101(a)(43)) or an alien who is 
                inadmissible under section 212(a)(3) (8 U.S.C. 
                1182(a)(3)) or deportable under section 237(a)(4) (8 
                U.S.C. 1227(a)(4)) of such Act) who but for that 
                subparagraph would qualify for cancellation of removal 
                and adjustment of status under this section if the 
                alien demonstrates rehabilitation and that the alien's 
                removal will result in exceptional and extremely 
                unusual hardship to the alien or a United States 
                citizen or lawful permanent resident spouse, parent, or 
                child.
                    (B) Aliens qualifying before the date of 
                enactment.--Notwithstanding paragraph (1), the Attorney 
                General may cancel the removal of, and adjust to the 
                status of an alien lawfully admitted for permanent 
                residence, an alien if--
                            (i) the alien would have met the 
                        requirements of paragraph (1) at any time 
                        during the 4-year period immediately preceding 
                        the date of enactment of this Act; and
                            (ii) the alien has graduated from, or is, 
                        on the date of filing an application for 
                        cancellation of removal under this subsection, 
                        enrolled in the United States in an institution 
                        of higher education, as defined by section 101 
                        of the Higher Education Act of 1965 (20 U.S.C. 
                        1001).
            (3) Procedures.--
                    (A) In general.--The Attorney General shall by 
                regulation establish a procedure that permits aliens to 
                apply for cancellation of removal and adjustment of 
                status available under this subsection without being 
                placed in removal proceedings, except that, in 
                addition, such cancellation of removal and adjustment 
                of status shall be available in removal proceedings. In 
                the case of an alien in an exclusion or deportation 
                hearing, suspension of deportation on the same grounds 
                as are provided under this subsection for cancellation 
                of removal, together with adjustment of status, shall 
                be available.
                    (B) Treatment prior to graduation.--
                            (i) In general.--Notwithstanding any other 
                        provision of law, an alien described in clause 
                        (ii) may not be removed so long as the alien 
                        continues to meet the criteria of that clause.
                            (ii) Covered aliens.--An alien described in 
                        this clause is an alien who does not meet the 
                        requirements of paragraph (1)(C) but is 
                        otherwise able to demonstrate prima facie 
                        eligibility for cancellation of removal and 
                        adjustment of status under this section and has 
                        a reasonable opportunity of meeting all the 
                        requirements of cancellation of removal and 
                        adjustment of status under this section in the 
                        future.
                            (iii) Work authorization.--The Attorney 
                        General shall grant an alien described in 
                        clause (ii) authorization to engage in 
                        employment in the United States.
                    (C) Expedited processing of applications; 
                prohibition on fees.--Regulations promulgated under 
                this paragraph shall provide that applications for 
                cancellation of removal and adjustment of status under 
                this subsection will be considered on an expedited 
                basis and without a requirement for the payment by the 
applicant of any additional fee for such expedited processing.
            (4) Confidentiality of information.--
                    (A) Prohibition.--Neither the Attorney General nor 
                any other official or employee of the Department of 
                Justice may--
                            (i) use the information furnished by the 
                        applicant pursuant to an application filed 
                        under this subsection for any purpose other 
                        than to make a determination on the 
                        application;
                            (ii) make any publication whereby the 
                        information furnished by any particular 
                        individual can be identified; or
                            (iii) permit anyone other than a sworn 
                        officer or employee of the Department of 
                        Justice or, with respect to an application 
                        filed under this subsection with a designated 
                        entity, that designated entity, to examine 
                        applications filed under this subsection.
                    (B) Penalty.--Whosoever knowingly uses, publishes, 
                or permits information to be examined in violation of 
                this subsection shall be fined not more than $10,000.
    (b) Termination of Period of Continuous Period.--For purposes of 
this section, any period of continuous physical presence in the United 
States of an alien who applies for cancellation of removal and 
adjustment of status under subsection (a) shall not terminate when the 
alien is served a notice to appear under section 239(a) of the 
Immigration and Nationality Act (8 U.S.C. 1229) or any other document 
notifying the alien of the initiation of immigration proceedings under 
that Act.
    (c) Treatment of Certain Breaks in Presence.--An alien shall be 
considered to have failed to maintain continuous physical presence in 
the United States under subsection (a)(1)(D) if the alien has departed 
from the United States for any period in excess of 90 days or for any 
periods in the aggregate exceeding 180 days, except that an alien may 
remain eligible for cancellation of removal and adjustment of status 
under this section notwithstanding a failure to maintain continuous 
physical presence in the United States if the alien demonstrates that 
failure is due to exceptional circumstances, as defined by section 
240(e)(1) of the Immigration and Nationality Act (8 U.S.C. 
1229a(e)(1)), or circumstances described in subparagraphs (A), (B), or 
(C) of section 244(b)(1) of the Immigration and Nationality Act (8 
U.S.C. 1254a(b)(1)).
    (d) Statutory Construction.--Nothing in this section may be 
construed to apply a numerical limitation on the number of aliens who 
may be eligible for cancellation of removal under section 240A of the 
Immigration and Nationality Act (8 U.S.C. 1229b).
    (e) Regulations.--Not later than 180 days after the date of 
enactment of this Act, the Attorney General shall publish regulations 
implementing this section. Such regulations shall be effective 
immediately on an interim, final basis, but are subject to change and 
revision after public notice and opportunity for a period for public 
comment.

SEC. 4. ANNUAL REPORT.

    Not later than one year after the date of enactment of this Act, 
and annually thereafter, the Attorney General shall submit a report to 
the Committees on the Judiciary of the Senate and the House of 
Representatives and to the Secretary of Education setting forth--
            (1) the number of aliens who applied for cancellation of 
        removal and adjustment of status under section 3;
            (2) the number of aliens who were granted cancellation of 
        removal and adjustment of status under section 3;
            (3) the number of aliens who applied for cancellation of 
        removal and adjustment of status under section 3 but whose 
        applications were denied and the basis for the denial of each 
        application; and
            (4) the number of pending applications for cancellation of 
        removal and adjustment of status under section 3.
            Amend the title to read as follows: ``A bill to amend the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 to permit States to determine State residency for higher 
        education purposes and to authorize the cancellation of removal 
        and adjustment of status of certain alien high school graduates 
        who are long-term United States residents.''.




                                                       Calendar No. 425

107th CONGRESS

  2d Session

                                S. 1291

_______________________________________________________________________

                                 A BILL

 To amend the Illegal Immigration Reform and Immigrant Responsibility 
 Act of 1996 to permit States to determine State residency for higher 
  education purposes and to authorize the cancellation of removal and 
 adjustment of status of certain alien college-bound students who are 
                   long-term United States residents.

_______________________________________________________________________

                             June 20, 2002

        Reported with an amendment and an amendment to the title

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