9/11 Immigrant Worker Freedom Act

Summary: 9/11 Immigrant Worker Freedom Act This bill authorizes the Department of Homeland Security (DHS) to adjust to permanent resident the status a qualifying alien who applies for adjustment not later than one year after enactment of this bill and who, after the September 11, 2011, terrorist attacks:   worked or volunteered on site in rescue, recovery, debris cleanup, or related support services in lower Manhattan, the Staten Island Landfill, or the barge loading piers for a specified number of hours during certain periods between September 11, 2001, and July 31, 2002;  was a vehicle-maintenance worker who was exposed to debris from the former World Trade Center while retrieving, driving, cleaning, repairing, and maintaining vehicles contaminated by airborne toxins for any time during such period; or was a member of a fire or police department, worked for a recovery or cleanup contractor, or was a volunteer and performed rescue, recovery, demolition, debris cleanup, or other related services at the Pentagon site during the period between September 11, 2001, and November 19, 2001, or at the Shanksville, Pennsylvania, site during the period between September 11, 2001-October 3, 2001.   DHS may authorize an alien who has applied for adjustment of status under this bill to work during the pendency of his or her application. 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``9/11 Immigrant Worker Freedom Act''.

SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN WORKERS AFTER TERRORIST 
              ATTACKS.

    (a) Adjustment of Status.--The status of any alien described in 
subsection (b) may be adjusted by the Secretary of Homeland Security to 
that of an alien lawfully admitted for permanent residence, if the 
alien--
            (1) applies for such adjustment not later than 1 year after 
        the date of the enactment of this Act, which may be extended at 
        the discretion of the Secretary in cases with compelling 
        circumstances;
            (2) is not inadmissible to the United States under 
        paragraph (2) or (3) of section 212(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(a)), or deportable under 
        paragraph (2) or (4) of section 237(a) of such Act (8 U.S.C. 
        1227(a)); except that in determining an alien's 
        inadmissibility--
                    (A) offenses for which an essential element was the 
                alien's immigration status shall not apply;
                    (B) arrests or criminal charges on their own shall 
                not apply; and
                    (C) cases where a judgment has been expunged, set 
                aside, or the equivalent shall not apply; and
            (3) not later than the date on which the application under 
        paragraph (1) is submitted, satisfies any applicable Federal 
        tax liability by establishing that--
                    (A) no such tax liability exists; or
                    (B) all outstanding liabilities have been paid.
    (b) Aliens Eligible for Adjustment of Status.--
            (1) In general.--The benefit provided by subsection (a) 
        shall apply to any alien who--
                    (A) worked or volunteered onsite in rescue, 
                recovery, debris cleanup, or related support services 
                in lower Manhattan (south of Canal St.), the Staten 
                Island Landfill, or the barge loading piers, for at 
                least 4 hours during the period beginning on September 
                11, 2001, and ending on September 14, 2001, for at 
                least 24 hours during the period beginning on September 
                11, 2001, and ending on September 30, 2001, or for at 
                least 80 hours during the period beginning on September 
                11, 2001, and ending on July 31, 2002;
                    (B) was a vehicle-maintenance worker who was 
                exposed to debris from the former World Trade Center 
                while retrieving, driving, cleaning, repairing, and 
                maintaining vehicles contaminated by airborne toxins 
                from the September 11, 2001, terrorist attacks for any 
                time during the period beginning on September 11, 2001, 
                and ending on July 31, 2002;
                    (C) was a member of a fire or police department 
                (whether fire or emergency personnel, active or 
                retired), worked for a recovery or cleanup contractor, 
                or was a volunteer; and performed rescue, recovery, 
                demolition, debris cleanup, or other related services 
                at the Pentagon site of the terrorist-related aircraft 
                crash of September 11, 2001, during the period 
                beginning on September 11, 2001, and ending on November 
                19, 2001; or
                    (D) was a member of a fire or police department 
                (whether fire or emergency personnel, active or 
                retired), worked for a recovery or cleanup contractor, 
                or was a volunteer; and performed rescue, recovery, 
                demolition, debris cleanup, or other related services 
                at the Shanksville, Pennsylvania, site of the 
                terrorist-related aircraft crash of September 11, 2001, 
                during the period beginning on September 11, 2001, and 
                ending on October 3, 2001.
            (2) Exception.--An alien shall not be provided any benefit 
        under this section if the Secretary of Homeland Security 
        determines that the alien has willfully made a material 
        misrepresentation or material omission in the proffer of 
        information described in paragraph (1)(C).
    (c) Work Authorization.--The Secretary of Homeland Security may 
authorize an alien who has applied for adjustment of status under 
subsection (a) to engage in employment in the United States during the 
pendency of such application.
    (d) Construction.--Nothing in this section shall be construed to 
limit the existing authority of the Secretary of Homeland Security on 
the date of the enactment of this Act to require any form or other 
submission of information or to perform any background or security 
check for the purpose of determining the admissibility, or eligibility 
under this section, of any alien.
    (e) Waiver of Regulations.--The Secretary of Homeland Security 
shall issue guidance to carry out this section not later than 6 months 
after the date of the enactment of this Act, but is not required to 
promulgate regulations prior to implementing this section.
    (f) No Offset in Number of Visas Available.--When an alien is 
granted the status of having been lawfully admitted for permanent 
residence under this section, the Secretary of State shall not be 
required to reduce the number of immigrant visas authorized to be 
issued under the Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.).
    (g) Definitions.--For purposes of this section:
            (1) The term ``applicable Federal tax liability'' means 
        liability for Federal taxes, including penalties and interest, 
        owed for any year for which the statutory period for assessment 
        of any deficiency for such taxes has not expired.
            (2) Except as otherwise specifically provided in this 
        section, the definitions used in the Immigration and 
        Nationality Act (8 U.S.C. 1101 et seq.) (excluding the 
        definitions applicable exclusively to title III of such Act) 
        shall apply in the administration of this section.