Text: S.952 — 112th Congress (2011-2012)All Information (Except Text)

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Introduced in Senate (05/11/2011)

 
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 952 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 952

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2011

    Mr. Durbin (for himself, Mr. Reid, Mr. Leahy, Mr. Schumer, Mr. 
Menendez, Mr. Levin, Mr. Lieberman, Mr. Akaka, Mr. Begich, Mr. Bennet, 
Mr. Bingaman, Mr. Blumenthal, Mrs. Boxer, Ms. Cantwell, Mr. Cardin, Mr. 
 Carper, Mr. Coons, Mrs. Feinstein, Mr. Franken, Mrs. Gillibrand, Mr. 
    Harkin, Mr. Kerry, Ms. Klobuchar, Mr. Kohl, Mr. Lautenberg, Mr. 
 Merkley, Ms. Mikulski, Mrs. Murray, Mr. Nelson of Florida, Mr. Reed, 
Mr. Sanders, Mr. Udall of Colorado, and Mr. Whitehouse) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 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; TABLE OF CONTENTS.

    (a) 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''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Conditional permanent resident status for certain long-term 
                            residents who entered the United States as 
                            children.
Sec. 4. Terms of conditional permanent resident status.
Sec. 5. Removal of conditional basis of permanent resident status.
Sec. 6. Regulations.
Sec. 7. Penalties for false statements.
Sec. 8. Confidentiality of information.
Sec. 9. Higher education assistance.

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 such 
        term in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002), except that the term does not include an 
        institution of higher education outside the United States.
            (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 the term ``uniformed services'' in 
        section 101(a) of title 10, United States Code.

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

    (a) Conditional Basis for Status.--Notwithstanding any other 
provision of law, 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 Act.
    (b) Requirements.--
            (1) In general.--Notwithstanding any other provision of 
        law, 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 or is in temporary protected status 
        under section 244 of the Immigration and Nationality Act (8 
        U.S.C. 1254a), if the alien demonstrates by a preponderance of 
        the evidence that--
                    (A) the alien has been continuously physically 
                present in the United States since the date that is 5 
                years before the date of the enactment of this Act;
                    (B) the alien was 15 years of age or younger on the 
                date the alien initially entered the United States;
                    (C) the alien has been a person of good moral 
                character since the date the alien initially entered 
                the United States;
                    (D) subject to paragraph (2), the alien--
                            (i) is not inadmissible under paragraph 
                        (2), (3), (6)(E), (6)(G), (8), (10)(A), 
                        (10)(C), or (10)(D) 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) has not been convicted of--
                                    (I) any offense under Federal or 
                                State law punishable by a maximum term 
                                of imprisonment of more than 1 year; or
                                    (II) 3 or more offenses under 
                                Federal or State law, for which the 
                                alien was convicted on different dates 
                                for each of the 3 offenses and 
                                imprisoned for an aggregate of 90 days 
                                or more;
                    (E) the alien--
                            (i) has been admitted to an institution of 
                        higher education in the United States; or
                            (ii) has earned a high school diploma or 
                        obtained a general education development 
                        certificate in the United States; and
                    (F) the alien was 35 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 inadmissibility under 
        paragraph (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 or 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.
    (c) Determination of Continuous Presence.--
            (1) Termination of continuous period.--Any period of 
        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)).
            (2) Treatment of certain breaks in presence.--
                    (A) In general.--An alien shall be considered to 
                have failed to maintain continuous physical presence in 
                the United States under subsection (b)(1)(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.
                    (B) Extensions for extenuating circumstances.--The 
                Secretary may extend the time periods described in 
                subparagraph (A) for an alien if the alien demonstrates 
                that the failure to timely return to the United States 
                was due to extenuating circumstances beyond the alien's 
                control.
    (d) 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 6.
    (e) 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), (D), and (F) of 
                        subsection (b)(1);
                            (ii) is at least 5 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.
    (f) Exemption From Numerical Limitations.--Nothing in this section 
or in any other law may be construed to apply a numerical limitation on 
the number of aliens who may be eligible for adjustment of status under 
this Act.

SEC. 4. TERMS OF CONDITIONAL PERMANENT RESIDENT STATUS.

    (a) Period of Status.--Permanent resident status on a conditional 
basis granted under this Act is--
            (1) valid for a period of 6 years, unless such period is 
        extended by the Secretary; and
            (2) subject to termination under subsection (c).
    (b) Notice of Requirements.--
            (1) At time of obtaining status.--At the time an alien 
        obtains permanent resident status on a conditional basis under 
        this Act, the Secretary shall provide for notice to the alien 
        regarding the provisions of this Act and the requirements to 
        have the conditional basis of such status removed.
            (2) Effect of failure to provide notice.--The failure of 
        the Secretary to provide a notice under this subsection--
                    (A) shall not affect the enforcement of the 
                provisions of this Act with respect to the alien; and
                    (B) shall not give rise to any private right of 
                action by the alien.
    (c) Termination of Status.--
            (1) In general.--The Secretary shall terminate the 
        conditional permanent resident status of an alien, if the 
        Secretary determines that the alien--
                    (A) ceases to meet the requirements of subparagraph 
                (C) or (D) of section 3(b)(1); or
                    (B) was discharged from the Uniformed Services and 
                did not receive an honorable discharge.
    (d) Return to Previous Immigration Status.--
            (1) In general.--Except as provided in paragraph (2), an 
        alien whose permanent resident status on a conditional basis 
        expires under subsection (a)(1) or is terminated under 
        subsection (c) or whose application for such status is denied 
        shall return to the immigration status the alien had 
        immediately prior to receiving permanent resident status on a 
        conditional basis or applying for such status, as appropriate.
            (2) Special rule for temporary protected status.--In the 
        case of an alien whose permanent resident status on a 
        conditional basis expires under subsection (a)(1) or is 
        terminated under subsection (c) or whose application for such 
        status is denied and who had temporary protected status 
        immediately prior to receiving or applying for such status, as 
        appropriate, the alien may not return to temporary protected 
        status if--
                    (A) the relevant designation under section 244(b) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1254a(b)) has been terminated; or
                    (B) the Secretary determines that the reason for 
                terminating the permanent resident status on a 
                conditional basis renders the alien ineligible for 
                temporary protected status.
    (e) 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(b)(1)(D);
                    (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 period of the alien's 
                conditional permanent resident status under section 
                4(a)(1) has ended, 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. 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. 7. PENALTIES FOR FALSE STATEMENTS.

    Whoever files an application for any relief or benefit under this 
Act and willfully and knowingly falsifies, misrepresents, or conceals a 
material fact or makes any false or fraudulent statement or 
representation, or makes or uses any false writing or document knowing 
the same to contain any false or fraudulent statement or entry, shall 
be fined in accordance with title 18, United States Code, imprisoned 
not more than 5 years, or both.

SEC. 8. 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 an individual pursuant 
        to an application filed under this Act in removal proceedings 
        against any person 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, employee or 
        authorized contractor of the United States Government or, in 
        the case of an application filed under this Act with a 
        designated entity, that designated entity, to examine such 
        application filed under such sections.
    (b) Required Disclosure.--The Attorney General or the Secretary 
shall provide the information furnished under this Act, 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. 9. HIGHER EDUCATION ASSISTANCE.

    (a) In General.--Notwithstanding any provision of the Higher 
Education Act of 1965 (20 U.S.C. 1001 et seq.), with respect to 
assistance provided under title IV of the Higher Education Act of 1965 
(20 U.S.C. 1070 et seq.), an alien who has permanent resident status on 
a conditional basis under this Act shall be eligible only for the 
following assistance under such title:
            (1) Student loans under parts D and E of such title IV (20 
        U.S.C. 1087a et seq. and 1087aa et seq.), subject to the 
        requirements of such parts.
            (2) Federal work-study programs under part C of such title 
        IV (42 U.S.C. 2751 et seq.), subject to the requirements of 
        such part.
            (3) Services under such title IV (20 U.S.C. 1070 et seq.), 
        subject to the requirements for such services.
    (b) Restoration of State Option 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 
        (division C of Public Law 104-208; 110 Stat. 3009-546).
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