DACA Compromise Act of 2018

Summary: DACA Compromise Act of 2018 This bill directs the Department of Homeland Security (DHS) to cancel the removal of, and adjust to permanent resident status the status of, an alien: (1) who has been continuously present in the United States since June 15, 2012; (2) who was granted deferred removal as an undocumented alien pursuant to the Deferred Action for Childhood Arrivals (DACA) program, unless the individual engaged in subsequent conduct that would have rendered the alien ineligible for program renewal; (3) who applies for adjustment not earlier than two years after he or she was granted such deferred removal; (4) who otherwise satisfies the requirements of this bill, and (5) to whom an immigrant visa is available.  The bill reallocates specified family, employment, and diversity visas for such approved individuals. DHS shall allow eligible individuals, including minors, to apply for relief without requiring: (1) placement in removal proceedings, or (2) immediate immigrant visa availability. DHS shall provide a reasonable opportunity to apply for relief under this bill to any alien who: (1) requests such an opportunity, or (2) appears prima facie eligible for relief if the alien is in removal proceedings or is the subject of a final removal or voluntary departure order.  An applicant for permanent resident status shall: (1) submit biometric and biographic data, (2) undergo law enforcement and security background checks and a medical examination, and (3) meet applicable selective service registration requirements. The Department of Justice may not remove certain individuals who: (1) have a pending application and appear prima facie eligible for relief, (2) have an approved application and are awaiting the availability of an immigrant visa, or (3) are ineligible to apply for relief solely due to the date limitation for applying for adjustment under this bill. DHS shall provide provisional protected status to such individuals whose DACA grant has ended.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DACA Compromise Act of 2018''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) In general.--Any term used in this Act that is used in 
        the immigration laws (as defined in section 101(a)(17) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) shall 
        have the meaning given such term in the immigration laws.
            (2) DACA.--The term ``DACA'' means deferred action granted 
        to an alien pursuant to the Deferred Action for Childhood 
        Arrivals program announced by President Obama on June 15, 2012.
            (3) Disability.--The term ``disability'' has the meaning 
        given such term in section 3(1) of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12102(1)).
            (4) Poverty line.--The term ``poverty line'' has the 
        meaning given such term in section 673 of the Community 
        Services Block Grant Act (42 U.S.C. 9902).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

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

    (a) In General.--The Secretary shall cancel the removal of, and 
adjust to the status of an alien lawfully admitted for permanent 
residence, an alien--
            (1) who has been continuously present in the United States 
        since June 15, 2012;
            (2) who was granted DACA, unless the alien has engaged in 
        conduct since the alien was granted DACA that would have 
        rendered the alien ineligible for DACA renewal under the 
        Deferred Action for Childhood Arrivals program, as in effect 
        before September 5, 2017;
            (3) who makes application for such adjustment not earlier 
        than the date that is 2 years after the date on which the alien 
        first was granted DACA;
            (4) otherwise satisfies the requirements of this section; 
        and
            (5) to whom is available an immigrant visa pursuant to 
        section 4.
    (b) Procedures.--
            (1) In general.--The Secretary of Homeland Security shall 
        by rule establish a procedure allowing eligible individuals to 
        apply for the relief available under this section without 
        requiring placement in removal proceedings and without 
        requiring the immediate availability of an immigrant visa 
        pursuant to section 4. Such procedure shall provide for the 
        ability of a minor to apply for such relief, including through 
        a legal guardian or counsel.
            (2) Aliens subject to removal.--The Secretary shall provide 
        a reasonable opportunity to apply for relief under this section 
        to any alien who requests such an opportunity or who appears 
        prima facie eligible for relief under this section if the alien 
        is in removal proceedings, is the subject of a final removal 
        order, or is the subject of a voluntary departure order.
    (c) Application Fee.--
            (1) In general.--The Secretary may require an alien 
        applying for permanent resident status under this section to 
        pay a reasonable fee that is commensurate with the cost of 
        processing the application.
            (2) Exemption.--An applicant may be exempted from paying 
        the fee required under paragraph (1) if the alien--
                    (A)(i) is younger than 18 years of age;
                    (ii) received total income, during the 12-month 
                period immediately preceding the date on which the 
                alien files an application under this section, that is 
                less than 150 percent of the poverty line; and
                    (iii) is in foster care or otherwise lacking any 
                parental or other familial support;
                    (B) is younger than 18 years of age and is 
                homeless;
                    (C)(i) cannot care for himself or herself because 
                of a serious, chronic disability; and
                    (ii) received total income, during the 12-month 
                period immediately preceding the date on which the 
                alien files an application under this section, that is 
                less than 150 percent of the poverty line; or
                    (D)(i) during the 12-month period immediately 
                preceding the date on which the alien files an 
                application under this section, accumulated $10,000 or 
                more in debt as a result of unreimbursed medical 
                expenses incurred by the alien or an immediate family 
                member of the alien; and
                    (ii) received total income, during the 12-month 
                period immediately preceding the date on which the 
                alien files an application under this section, that is 
                less than 150 percent of the poverty line.
    (d) Submission of Biometric and Biographic Data.--The Secretary may 
not grant an alien permanent resident status 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 aliens who are unable to provide such 
biometric or biographic data because of a physical impairment.
    (e) Background Checks.--
            (1) Requirement for background checks.--The Secretary shall 
        utilize biometric, biographic, and other data that the 
        Secretary determines appropriate--
                    (A) to conduct security and law enforcement 
                background checks of an alien seeking permanent 
                resident status under this section; and
                    (B) to determine whether there is any criminal, 
                national security, or other factor that would render 
                the alien ineligible for such status.
            (2) Completion of background checks.--The security and law 
        enforcement background checks of an alien required under 
        subparagraph (A) shall be completed, to the satisfaction of the 
        Secretary, before the date on which the Secretary grants such 
        alien permanent resident status under this section.
    (f) Medical Examination.--
            (1) Requirement.--An alien applying for permanent resident 
        status under this section shall undergo a medical examination.
            (2) Policies and procedures.--The Secretary, with the 
        concurrence of the Secretary of Health and Human Services, 
        shall prescribe policies and procedures for the nature and 
        timing of the examination required under paragraph (1).
    (g) Military Selective Service.--An alien applying for permanent 
resident status under this section shall establish that the alien has 
registered under the Military Selective Service Act (50 U.S.C. 3801 et 
seq.), if the alien is subject to registration under such Act.
    (h) Treatment of Aliens Pending Grant of Permanent Residence.--
            (1) Limitation on removal.--The Secretary or the Attorney 
        General may not remove an alien who--
                    (A) has pending an application for relief under 
                this section and appears prima facie eligible for such 
                relief;
                    (B) has an approved application for relief under 
                this section and is awaiting the availability of an 
                immigrant visa pursuant to section 4; or
                    (C) is ineligible to apply for relief under this 
                section solely due to the date limitation in subsection 
                (a)(3).
            (2) Provisional protected status.--
                    (A) In general.--In the case of an alien described 
                in paragraph (1) whose DACA grant has ended, the 
                Secretary shall grant provisional protected presence to 
                the alien and shall provide the alien with employment 
                authorization effective until the date on which--
                            (i) the alien's application for relief 
                        under this section is finally denied; or
                            (ii) the Secretary cancels the removal of 
                        the alien and adjusts the status of the alien 
                        to that of an alien lawfully admitted for 
                        permanent residence.
                    (B) Status during period of provisional protected 
                presence.--An alien granted provisional protected 
                presence is not considered to be unlawfully present in 
                the United States during the period beginning on the 
                date such status is granted and ending on a date 
                described in subparagraph (A), except that the 
                Secretary may rescind an alien's provisional protected 
                presence and employment authorization under this 
                paragraph if the Secretary determines that the alien--
                            (i) poses a threat to national security or 
                        a threat to public safety;
                            (ii) has traveled outside of the United 
                        States without authorization from the 
                        Secretary; or
                            (iii) has ceased to be continuously present 
                        in the United States since June 15, 2012.
    (i) Treatment of Certain Breaks in Presence.--
            (1) In general.--An alien shall be considered to have 
        failed to maintain continuous presence in the United States 
        under subsections (a)(1) and (h)(2)(B)(iii) 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, 
        unless such departure was authorized by the Secretary of 
        Homeland Security.
            (2) Exception.--An alien who departed from the United 
        States after the date of the enactment of this Act shall not be 
        considered to have failed to maintain continuous presence in 
        the United States if the alien's absences from the United 
        States are brief, casual, and innocent, whether or not such 
        absences were authorized by the Secretary.
            (3) Extensions for exceptional circumstances.--The 
        Secretary of Homeland Security may extend the time periods 
        described in paragraph (1) if the alien demonstrates that the 
        failure to timely return to the United States was due to 
        exceptional circumstances. Exceptional circumstances sufficient 
        to justify an extension may include the serious illness of the 
        alien, or death or serious illness of a spouse, parent, 
        grandparent, sibling, or child.

SEC. 4. AVAILABILITY OF IMMIGRANT VISAS.

    (a) Temporary Reallocation of Certain Visas.--Beginning in the 
first fiscal year in which an immigrant visa is needed under section 
3(a)(5) for an alien who is the beneficiary of an approved application 
for relief under section 3, the visas described in subsection (b) that 
are otherwise available for the aliens described in such subsection 
shall be reallocated as necessary for purposes of making visas 
available under section 3(a)(5).
    (b) Visas Described.--For each fiscal year, the visas described in 
this subsection are the following:
            (1) Visas otherwise allotted to the brothers and sisters of 
        citizens of the United States under section 203(a)(4) of the 
        Immigration and Nationality Act (8 U.S.C. 1153(a)(4)).
            (2) Visas otherwise allotted to diversity immigrants under 
        section 203(c) of such Act (8 U.S.C. 1153(c)), disregarding any 
        visas necessary to offset adjustments of status under section 
        309 of the Illegal Immigration Reform and Immigrant 
        Responsibility (8 U.S.C. 1101 note), as required by section 
        203(d) of the Nicaraguan Adjustment and Central American Relief 
        Act (8 U.S.C. 1151 note).
            (3) One half of the visas otherwise allotted to married 
        sons and married daughters of citizens of the United States 
        under section 203(a)(3) of the Immigration and Nationality Act 
        (8 U.S.C. 1153(a)(3)).
            (4) One half of the visas otherwise allotted to skilled 
        workers, professionals, and other workers under section 
        203(b)(3) of the Immigration and Nationality Act (8 U.S.C. 
        1153(b)(3)), disregarding any visas necessary to offset 
        adjustments of status under section 309 of the Illegal 
        Immigration Reform and Immigrant Responsibility (8 U.S.C. 1101 
        note), as required by section 203(e) of the Nicaraguan 
        Adjustment and Central American Relief Act (8 U.S.C. 1151 
        note).
    (c) Termination.--In no case shall the total number of visas 
reallocated under subsection (a) exceed the total number of aliens who 
have had an application approved under section 3.