Text: H.R.1842 — 112th Congress (2011-2012)All Bill Information (Except Text)

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Introduced in House (05/11/2011)


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[Congressional Bills 112th Congress]
[From the U.S. Government Printing Office]
[H.R. 1842 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1842

 To authorize the cancellation of removal and adjustment of status of 
 certain alien students who are long-term United States residents and 
   who entered the United States as children, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2011

   Mr. Berman (for himself, Ms. Ros-Lehtinen, and Ms. Roybal-Allard) 
 introduced the following bill; which was referred to the Committee on 
 the Judiciary, and in addition to the Committees on Education and the 
   Workforce and Homeland Security, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To authorize the cancellation of removal and adjustment of status of 
 certain alien students who are long-term United States residents and 
   who entered the United States as children, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Development, Relief, and Education 
for Alien Minors Act of 2011'' or the ``DREAM Act of 2011''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) In general.--Except as otherwise specifically provided, 
        a term used in this Act that is used in the immigration laws 
        shall have the meaning given such term in the immigration laws.
            (2) 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)).
            (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given that 
        term in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002).
            (4) Secretary.--Except as otherwise specifically provided, 
        the term ``Secretary'' means the Secretary of Homeland 
        Security.
            (5) Uniformed services.--The term ``uniformed services'' 
        has the meaning given that term in section 101(a) of title 10, 
        United States Code.

SEC. 3. CONDITIONAL PERMANENT RESIDENT FOR CERTAIN LONG-TERM RESIDENTS 
              WHO ENTERED THE UNITED STATES AS CHILDREN.

    (a) Special Rule for Certain Long-Term Residents Who Entered the 
United States as Children.--
            (1) In general.--Notwithstanding any other provision of law 
        and except as otherwise provided in this Act, the Secretary may 
        cancel removal of, and adjust to the status of an alien 
        lawfully admitted for permanent residence on a conditional 
        basis, an alien who is inadmissible or deportable from the 
        United States if the alien demonstrates by a preponderance of 
        the evidence that--
                    (A) the alien has been physically present in the 
                United States for a continuous period of not less than 
                5 years before the date of the enactment of this Act, 
                and was 15 years of age or younger on the date the 
                alien initially entered the United States;
                    (B) the alien has been a person of good moral 
                character since the date the alien initially entered 
                the United States;
                    (C) subject to paragraph (2), the alien is not 
                inadmissible under paragraph (2), (3), (4), (6)(E), 
                (6)(G), (8), or subparagraph (A), (C), or (D) of 
                paragraph (10), of section 212(a) of the Immigration 
                and Nationality Act (8 U.S.C. 1182(a));
                    (D) the alien has been admitted to an institution 
                of higher education in the United States, or has earned 
                a high school diploma or obtained a general education 
                development certificate in the United States; and
                    (E) the alien was 32 years of age or younger on the 
                date of the enactment of this Act.
            (2) Waiver.--With respect to any benefit under this Act, 
        the Secretary may waive the grounds of ineligibility under 
        section 212(a)(2) of the Immigration and Nationality Act, for 
        humanitarian purposes, for purposes of family unity, or when it 
        is otherwise in the public interest.
            (3) Submission of biometric and biographic data.--The 
        Secretary may not grant permanent resident status on a 
        conditional basis to an alien under this section unless the 
        alien submits biometric and biographic data, in accordance with 
        procedures established by the Secretary. The Secretary shall 
        provide an alternative procedure for applicants who are unable 
        to provide such biometric or biographic data because of a 
        physical impairment.
            (4) Background checks.--
                    (A) Requirement for background checks.--The 
                Secretary shall utilize biometric, biographic, and 
                other data that the Secretary determines is 
                appropriate--
                            (i) to conduct security and law enforcement 
                        background checks of an alien seeking permanent 
                        resident status on a conditional basis under 
                        this section; and
                            (ii) to determine whether there is any 
                        criminal, national security, or other factor 
                        that would render the alien ineligible for such 
                        status.
                    (B) Completion of background checks.--The security 
                and law enforcement background checks required by 
                subparagraph (A) for an alien shall be completed, to 
                the satisfaction of the Secretary, prior to the date 
                the Secretary grants permanent resident status on a 
                conditional basis to the alien.
            (5) Medical examination.--An alien applying for permanent 
        resident status on a conditional basis under this section shall 
        undergo a medical examination. The Secretary, with the 
        concurrence of the Secretary of Health and Human Services, 
        shall prescribe policies and procedures for the nature and 
        timing of such examination.
            (6) Military selective service.--An alien applying for 
        permanent resident status on a conditional basis under this 
        section shall establish that the alien has registered under the 
        Military Selective Service Act (50 U.S.C. App. 451 et seq.), if 
        the alien is subject to such registration under that Act.
    (b) Termination of Continuous Period.--Any period of continuous 
residence or continuous physical presence in the United States of an 
alien who applies for permanent resident status on a conditional basis 
under this section shall not terminate when the alien is served a 
notice to appear under section 239(a) of the Immigration and 
Nationality Act (8 U.S.C. 1229(a)).
    (c) Treatment of Certain Breaks in Presence.--
            (1) In general.--An alien shall not be considered to have 
        failed to maintain continuous physical presence in the United 
        States for purposes of subsection (a)(1)(A) by virtue of brief, 
        casual, and innocent absences from the United States.
            (2) Waiver.--The Secretary of Homeland Security may waive 
        breaks in presence beyond brief, casual, or innocent absences 
        for humanitarian purposes, family unity, or when it is 
        otherwise in the public interest.
    (d) Exemption From Numerical Limitations.--Nothing in this section 
may be construed to apply a numerical limitation on the number of 
aliens who may be eligible for cancellation of removal or adjustment of 
status under this section.
    (e) Application.--
            (1) In general.--An alien seeking lawful permanent resident 
        status on a conditional basis shall file an application for 
        such status in such manner as the Secretary may require.
            (2) Deadline for submission of application.--An alien shall 
        submit an application for relief under this section not later 
        than the date that is 1 year after the later of--
                    (A) the date the alien earned a high school diploma 
                or obtained a general education development certificate 
                in the United States; or
                    (B) the effective date of the final regulations 
                issued pursuant to section 7.
    (f) Limitation on Removal of Certain Aliens.--
            (1) In general.--The Secretary or the Attorney General may 
        not remove an alien who--
                    (A) has a pending application for relief under this 
                section; and
                    (B) establishes prima facie eligibility for relief 
                under this section.
            (2) Certain aliens enrolled in primary or secondary 
        school.--
                    (A) Stay of removal.--The Attorney General shall 
                stay the removal proceedings of an alien who--
                            (i) meets all the requirements of 
                        subparagraphs (A), (B), (C), and (E) of 
                        subsection (a)(1);
                            (ii) is at least 12 years of age; and
                            (iii) is enrolled full-time in a primary or 
                        secondary school.
                    (B) Aliens not in removal proceedings.--If an alien 
                is not in removal proceedings, the Secretary shall not 
                commence such proceedings with respect to the alien if 
                the alien is described in clauses (i) through (iii) of 
                subparagraph (A).
                    (C) Employment.--An alien whose removal is stayed 
                pursuant to subparagraph (A) or who may not be placed 
                in removal proceedings pursuant to subparagraph (B) 
                shall, upon application to the Secretary, be granted an 
                employment authorization document.
                    (D) Lift of stay.--The Secretary or Attorney 
                General may lift the stay granted to an alien under 
                subparagraph (A) if the alien--
                            (i) is no longer enrolled in a primary or 
                        secondary school; or
                            (ii) ceases to meet the requirements of 
                        such paragraph.

SEC. 4. TERMS OF CONDITIONAL PERMANENT RESIDENT STATUS.

    (a) In General.--
            (1) Conditional basis for status.--Notwithstanding any 
        other provision of law, an alien whose status has been adjusted 
        under section 3 to that of an alien lawfully admitted for 
        permanent residence shall be considered to have obtained such 
        status on a conditional basis subject to the provisions of this 
        section. Such conditional permanent resident status shall be 
        valid for a period of 6 years, subject to termination under 
        subsection (b).
            (2) Notice of requirements.--
                    (A) At time of obtaining permanent residence.--At 
                the time an alien obtains permanent resident status on 
                a conditional basis under this Act, the Secretary of 
                Homeland Security shall provide for notice to the alien 
                regarding the provisions of this section and the 
                requirements to have the conditional basis of such 
                status removed.
                    (B) Effect of failure to provide notice.--The 
                failure of the Secretary to provide a notice under this 
                paragraph--
                            (i) shall not affect the enforcement of the 
                        provisions of this Act with respect to the 
                        alien; and
                            (ii) shall not give rise to any private 
                        right of action by the alien.
    (b) Termination of Status.--
            (1) In general.--The Secretary of Homeland Security shall 
        terminate the conditional permanent resident status of any 
        alien who obtained such status under this Act, if the Secretary 
        determines that the alien--
                    (A) ceases to meet the requirements of subparagraph 
                (B) or (C) of section 3(a)(1); or
                    (B) has received a dishonorable or other than 
                honorable discharge from the uniformed services.
            (2) Return to previous immigration status.--Any alien whose 
        conditional permanent resident status is terminated under 
        paragraph (1) shall return to the immigration status the alien 
        had immediately prior to receiving conditional permanent 
        resident status under this Act.
    (c) Information Systems.--The Secretary shall use the information 
systems of the Department of Homeland Security to maintain current 
information on the identity, address, and immigration status of aliens 
granted permanent resident status on a conditional basis under this 
Act.

SEC. 5. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT STATUS.

    (a) Eligibility for Removal of Conditional Basis.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        may remove the conditional basis of an alien's permanent 
        resident status granted under this Act if the alien 
        demonstrates by a preponderance of the evidence that--
                    (A) the alien has been a person of good moral 
                character during the entire period of conditional 
                permanent resident status;
                    (B) the alien is described in section 3(a)(1)(C);
                    (C) the alien has not abandoned the alien's 
                residence in the United States;
                    (D) the alien--
                            (i) has acquired a degree from an 
                        institution of higher education in the United 
                        States or has completed at least 2 years, in 
                        good standing, in a program for a bachelor's 
                        degree or higher degree in the United States; 
                        or
                            (ii) has served in the Uniformed Services 
                        for at least 2 years and, if discharged, 
                        received an honorable discharge; and
                    (E) the alien has provided a list of each secondary 
                school (as that term is defined in section 9101 of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7801)) that the alien attended in the United 
                States.
            (2) Hardship exception.--
                    (A) In general.--The Secretary may, in the 
                Secretary's discretion, remove the conditional basis of 
                an alien's permanent resident status if the alien--
                            (i) satisfies the requirements of 
                        subparagraphs (A), (B), (C), and (E) of 
                        paragraph (1);
                            (ii) demonstrates compelling circumstances 
                        for the inability to satisfy the requirements 
                        of subparagraph (D) of such paragraph; and
                            (iii) demonstrates that the alien's removal 
                        from the United States would result in extreme 
                        hardship to the alien or the alien's spouse, 
                        parent, or child who is a citizen or a lawful 
                        permanent resident of the United States.
                    (B) Extension.--Upon a showing of good cause, the 
                Secretary may extend the period of permanent resident 
                status on a conditional basis for an alien so that the 
                alien may complete the requirements of subparagraph (D) 
                of paragraph (1).
            (3) Treatment of abandonment or residence.--For purposes of 
        paragraph (1)(C), an alien--
                    (A) shall be presumed to have abandoned the alien's 
                residence in the United States if the alien is absent 
                from the United States for more than 365 days, in the 
                aggregate, during the alien's period of conditional 
                permanent resident status, unless the alien 
                demonstrates to the satisfaction of the Secretary that 
                the alien has not abandoned such residence; and
                    (B) who is absent from the United States due to 
                active service in the Uniformed Services has not 
                abandoned the alien's residence in the United States 
                during the period of such service.
            (4) Citizenship requirement.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the conditional basis of an alien's permanent 
                resident status may not be removed unless the alien 
                demonstrates that the alien satisfies the requirements 
                of 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 because of a physical or 
                developmental disability or mental impairment to meet 
                the requirements of such subparagraph.
            (5) Submission of biometric and biographic data.--The 
        Secretary may not remove the conditional basis of an alien's 
        permanent resident status unless the alien submits biometric 
        and biographic data, in accordance with procedures established 
        by the Secretary. The Secretary shall provide an alternative 
        procedure for applicants who are unable to provide such 
        biometric data because of a physical impairment.
            (6) Background checks.--
                    (A) Requirement for background checks.--The 
                Secretary shall utilize biometric, biographic, and 
                other data that the Secretary determines appropriate--
                            (i) to conduct security and law enforcement 
                        background checks of an alien applying for 
                        removal of the conditional basis of the alien's 
                        permanent resident status; and
                            (ii) to determine whether there is any 
                        criminal, national security, or other factor 
                        that would render the alien ineligible for 
                        removal of such conditional basis.
                    (B) Completion of background checks.--The security 
                and law enforcement background checks required by 
                subparagraph (A) for an alien shall be completed, to 
                the satisfaction of the Secretary, prior to the date 
                the Secretary removes the conditional basis of the 
                alien's permanent resident status.
    (b) Application To Remove Conditional Basis.--
            (1) In general.--An alien seeking to have the conditional 
        basis of the alien's lawful permanent resident status removed 
        shall file an application for such removal in such manner as 
        the Secretary may require.
            (2) Deadline for submission of application.--
                    (A) In general.--An alien shall file an application 
                under this subsection during the period beginning 6 
                months prior to and ending on the date that is later 
                of--
                            (i) 6 years after the date the alien was 
                        initially granted conditional permanent 
                        resident status; or
                            (ii) any other expiration date of the 
                        alien's conditional permanent resident status, 
                        as extended by the Secretary in accordance with 
                        this Act.
                    (B) Status during pendency.--An alien shall be 
                deemed to have permanent resident status on a 
                conditional basis during the period that the alien's 
                application submitted under this subsection is pending.
            (3) Adjudication of application.--
                    (A) In general.--The Secretary shall make a 
                determination on each application filed by an alien 
                under this subsection as to whether the alien meets the 
                requirements for removal of the conditional basis of 
                the alien's permanent resident status.
                    (B) Adjustment of status if favorable 
                determination.--If the Secretary determines that the 
                alien meets such requirements, the Secretary shall 
                notify the alien of such determination and remove the 
                conditional basis of the alien's permanent resident 
                status, effective as of the date of such determination.
                    (C) Termination if adverse determination.--If the 
                Secretary determines that the alien does not meet such 
                requirements, the Secretary shall notify the alien of 
                such determination and, if the alien no longer meets 
                the requirements for permanent resident status on a 
                conditional basis under this Act, terminate the 
                conditional permanent resident status granted the alien 
                under this Act as of the date of such determination.
    (c) 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 
        under this Act 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.
            (2) Limitation on application for naturalization.--An alien 
        may not apply for naturalization during the period that the 
        alien is in permanent resident status on a conditional basis 
        under this Act.

SEC. 6. CONFIDENTIALITY OF INFORMATION.

    (a) Prohibition.--Except as provided in subsection (b), no officer 
or employee of the United States may--
            (1) use the information furnished by the applicant pursuant 
        to an application filed under this Act to initiate removal 
        proceedings against any persons identified in the application;
            (2) make any publication whereby the information furnished 
        by any particular individual pursuant to an application under 
        this Act can be identified; or
            (3) permit anyone other than an officer or employee of the 
        United States Government or, in the case of applications filed 
        under this Act with a designated entity, that designated 
        entity, to examine applications filed under this Act.
    (b) Required Disclosure.--The Attorney General or the Secretary of 
Homeland Security shall provide the information furnished under this 
section, and any other information derived from such furnished 
information, to--
            (1) a Federal, State, tribal, or local law enforcement 
        agency, intelligence agency, national security agency, 
        component of the Department of Homeland Security, court, or 
        grand jury in connection with a criminal investigation or 
        prosecution, a background check conducted pursuant to section 
        103 of the Brady Handgun Violence Protection Act (Public Law 
        103-159; 18 U.S.C. 922 note), or national security purposes, if 
        such information is requested by such entity or consistent with 
        an information sharing agreement or mechanism; or
            (2) an official coroner for purposes of affirmatively 
        identifying a deceased individual (whether or not such 
        individual is deceased as a result of a crime).
    (c) Fraud in Application Process or Criminal Conduct.--
Notwithstanding any other provision of this section, information 
concerning whether an alien seeking relief under this Act has engaged 
in fraud in an application for such relief or at any time committed a 
crime may be used or released for immigration enforcement, law 
enforcement, or national security purposes.
    (d) Penalty.--Whoever knowingly uses, publishes, or permits 
information to be examined in violation of this section shall be fined 
not more than $10,000.

SEC. 7. REGULATIONS.

    (a) Initial Publication.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary shall publish regulations 
implementing this Act. Such regulations shall allow eligible 
individuals to apply affirmatively for the relief available under 
section 3 without being placed in removal proceedings.
    (b) Interim Regulations.--Notwithstanding section 553 of title 5, 
United States Code, the regulations required by subsection (a) 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.
    (c) Final Regulations.--Within a reasonable time after publication 
of the interim regulations in accordance with subsection (b), the 
Secretary shall publish final regulations implementing this Act.
    (d) Paperwork Reduction Act.--The requirements of chapter 35 of 
title 44, United States Code (commonly known as the ``Paperwork 
Reduction Act'') shall not apply to any action to implement this Act.

SEC. 8. HIGHER EDUCATION ASSISTANCE.

    (a) In General.--Notwithstanding any provision of the Higher 
Education Act of 1965 (20 U.S.C. 1001 et seq.) or any provision of 
title IV of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1601 et seq.), with respect to 
Federal financial education assistance, an alien who is lawfully 
admitted for permanent residence under this Act and has not had the 
conditional basis removed shall not be eligible for--
            (1) Federal Pell grants under part A of title IV of the 
        Higher Education Act of 1965 (20 U.S.C. 1070a et seq.); and
            (2) Federal supplemental educational opportunity grants 
        under part A of title IV of that Act (20 U.S.C. 1070b et seq.).
    (b) Restoration of State Right To Determine Residency for Purposes 
of Higher Education Benefits.--
            (1) In general.--Section 505 of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) 
        is repealed.
            (2) Effective date.--The repeal under paragraph (1) shall 
        take effect as if included in the enactment of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996.
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