II 

116TH CONGRESS 

2D SESSION S. 5055 

To protect immigrant families, combat fraud, promote citizenship, and build 

community trust, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 17, 2020 

Ms. CORTEZ MASTO introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

A BILL 

To protect immigrant families, combat fraud, promote citizenship, and build community trust, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Fairness for Immigrant Families Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—PROTECTING IMMIGRANT FAMILIES 


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Subtitle A—Expansion of Admissibility 

Sec. 101. Promoting family unity. 

Sec. 102. Extension of the application period for certain aliens present in the 

United States for adjustment of status. 

Subtitle B—Relief From Removal 

Sec. 111. Individuals previously removed. 

Sec. 112. Expansion of cancellation of removal. 

Sec. 113. Prohibition on removal of aliens with pending applications. 

Sec. 114. Motions to reopen in cases involving fraud, negligence, misrepresentation, extortion, and unauthorized practice of law. 

Subtitle C—Provisions Relating to Removal of Parents of United States 

Citizens 

Sec. 121. Review of and reporting on removal of parents of United States citizens. 

Sec. 122. Report on enforcement actions against parents of United States citizens and DACA recipients. 

Sec. 123. Protections for United States citizen children abroad. 

TITLE II—COMBATING FRAUD AND PROMOTING CITIZENSHIP 

Sec. 201. Combating immigration services fraud. 

Sec. 202. Requirements for immigration consultants. 

Sec. 203. Fee and backlog transparency. 

Sec. 204. National Office for New Americans. 

TITLE III—BUILDING COMMUNITY TRUST 

Sec. 301. Protecting aliens who are victims of or witnesses to crimes or are defending civil rights. 

Sec. 302. Semiannual report on certain enforcement actions. 

Sec. 303. Rule of construction. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) Immigration is intrinsic to the American ex4 perience. Families throughout the United States 

5 have roots in the immigration experience of earlier 

6 generations of immigrants who came to the United 

7 States seeking better opportunities, safety from per8 secution, and ultimately, a chance at the American 

9 dream. 


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1 (2) While the ancestors of some families arrived 

2 centuries ago, other families are continuing that tra3 dition today. Approximately 20,000,000 second-gen4 eration Americans are living in the United States. 

5 As of 2017, 18,200,000 children in the United 

6 States, or 26 percent, lived with 1 or more immi7 grant parents. 

8 (3) In the United States— 

9 (A) 16,700,000 individuals live in a house10 hold with 1 or more family members who are 

11 not authorized to be in the United States; 

12 (B) 5,900,000 United States citizen chil13 dren live in a household with 1 or more family 

14 members who are not authorized to be in the 

15 United States; and 

16 (C) 8,000,000 United States citizens live 

17 in a household with 1 or more family members 

18 who are not authorized to be in the United 

19 States. 

20 (4) Children of immigrants are the future work21 ers, leaders, voters, parents, and taxpayers of the 

22 United States and are critical to the health and well23 being of the United States. 


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1 (5) Second-generation Americans closely reflect 

2 or exceed the national average household income, 

3 homeownership rate, and college graduation rate. 

4 (6) In their pursuit of the American dream, 

5 generations of immigrant families have contributed 

6 to their communities in the United States and will 

7 continue to do so, including as essential workers who 

8 keep the United States running at great risk to 

9 themselves and their families. 

10 (7) Immigrants play a critical role in the 

11 United States economy, and providing a path to citi12 zenship for undocumented immigrants is a necessary 

13 part of maintaining the economic strength of the 

14 United States. 

15 (8) Immigrant entrepreneurs account for al16 most 30 percent of all new entrepreneurs in the 

17 United States, and immigrants are almost twice as 

18 likely as the United States-born population to be19 come entrepreneurs. 

20 (9) Undocumented immigrants contribute over 

21 $11,000,000,000 in State and local taxes each year. 

22 (10) Removing undocumented residents from 

23 mixed-status households cuts the median income of 

24 such households by 47 percent. 


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1 (11) Approximately 1,200,000 mortgages are 

2 held by households with 1 or more undocumented in3 dividuals. 

4 (12) Indiscriminate immigration enforcement 

5 and the threat of immigration enforcement nega6 tively impact the health, development, and well-being 

7 of children subject to detention or separation from 

8 their families. Neurobiological research demonstrates 

9 that children with any prolonged separation are 

10 more likely to experience emotional and behavioral 

11 issues, depression, anxiety, post-traumatic stress dis12 order, and suicidal ideation. 

13 SEC. 3. DEFINITIONS. 

14 In this Act: 

15 (1) IN GENERAL.—Except as otherwise specifi16 cally provided, any term used in this Act that is 

17 used in the immigration laws shall have the meaning 

18 given the term in the immigration laws. 

19 (2) DACA RECIPIENT.—The term ‘‘DACA re20 cipient’’ means an alien who has been granted de21 ferred action pursuant to the memorandum of the 

22 Department of Homeland Security entitled ‘‘Exer23 cising Prosecutorial Discretion with Respect to Indi24 viduals Who Came to the United States as Chil25 dren’’ issued on June 15, 2012. 


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1 (3) IMMIGRATION LAWS.—The term ‘‘immigra2 tion laws’’ has the meaning given the term in section 

3 101(a) of the Immigration and Nationality Act (8 

4 U.S.C. 1101(a)). 

5 TITLE I—PROTECTING 

6 IMMIGRANT FAMILIES 

7 Subtitle A—Expansion of 

8 Admissibility 

9 SEC. 101. PROMOTING FAMILY UNITY. 

10 (a) ELIMINATION OF 3-YEAR AND 10-YEAR BARS

11 AND MODIFICATION OF PERMANENT BAR.—Section 

12 212(a)(9) of the Immigration and Nationality Act (8 

13 U.S.C. 1182(a)(9)) is amended— 

14 (1) by striking subparagraph (B); 

15 (2) by redesignating subparagraph (C) as sub16 paragraph (B); 

17 (3) in subparagraph (B), as so redesignated— 

18 (A) by amending clause (i) to read as fol19 lows: 

20 ‘‘(i) IN GENERAL.—Any alien who 

21 knows he or she has received a final order 

22 of removal under section 240, and who en23 ters or attempts to reenter the United 

24 States without being admitted, is inadmis25 sible.’’; 


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1 (B) by amending clause (ii) to read as fol2 lows: 

3 ‘‘(ii) EXCEPTIONS.— 

4 ‘‘(I) CONSENT TO REAPPLICA5 TION FOR ADMISSION.—Clause (i) 

6 shall not apply to an alien seeking ad7 mission on a date that is more than 3 

8 years after the date on which the alien 

9 last departed the United States if, be10 fore the reembarkation of the alien at 

11 a place outside the United States or 

12 the attempt by the alien to be re13 admitted from a foreign contiguous 

14 territory, the Secretary of Homeland 

15 Security has consented to a reapplica16 tion for admission by the alien. 

17 ‘‘(II) MINORS.—Clause (i) shall 

18 not apply to an alien who is under 18 

19 years of age. 

20 ‘‘(III) ASYLEES.—Clause (i) shall 

21 not apply to an alien who has a bona 

22 fide application for asylum pending 

23 under section 208. 

24 ‘‘(IV) FAMILY UNITY.—Clause (i) 

25 shall not apply to an alien who is a 


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1 beneficiary of family unity protection 

2 pursuant to section 301 of the Immi3 gration Act of 1990 (8 U.S.C. 1255a 

4 note). 

5 ‘‘(V) VICTIMS OF A SEVERE

6 FORM OF TRAFFICKING IN PER7 SONS.—Clause (i) shall not apply to 

8 an alien who demonstrates that 1 or 

9 more severe forms of trafficking in 

10 persons (as defined in section 103 of 

11 the Trafficking Victims Protection Act 

12 of 2000 (22 U.S.C. 7102)) was a cen13 tral reason for the unlawful presence 

14 of the alien in the United States. 

15 ‘‘(VI) ALIENS WHO ENTERED AS

16 CHILDREN.—Clause (i) shall not apply 

17 to an alien who— 

18 ‘‘(aa) is the beneficiary of 

19 an approved petition under sec20 tion 101(a)(15)(H); 

21 ‘‘(bb)(AA) is in school, has 

22 graduated from high school, has 

23 obtained a general education de24 velopment certificate recognized 


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1 under State law or a high school 

2 equivalency diploma; or 

3 ‘‘(BB) is serving in the 

4 armed forces (as defined in 

5 section 101(a) of title 10, 

6 United States Code) or is an 

7 honorably discharged vet8 eran of the armed forces; 

9 and 

10 ‘‘(cc) had not yet reached 

11 the age of 16 years on the date 

12 on which the alien initially en13 tered the United States.’’; and 

14 (C) in clause (iii)— 

15 (i) by striking the clause designation 

16 and heading and all that follows through 

17 ‘‘Security’’ and insert the following: 

18 ‘‘(iii) WAIVERS.— 

19 ‘‘(I) VAWA SELF-PETI20 TIONERS.—The Attorney General or 

21 the Secretary of Homeland Security, 

22 as applicable,’’; and 

23 (ii) by adding at the end the fol24 lowing: 


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1 ‘‘(II) EXTREME HARDSHIP.—The 

2 Attorney General or the Secretary of 

3 Homeland Security may, in the discre4 tion of the Attorney General or the 

5 Secretary, waive clause (i) in the case 

6 of an alien who is the parent, spouse, 

7 or son or daughter of a United States 

8 citizen or of an alien lawfully admit9 ted for permanent residence if it is es10 tablished to the satisfaction of the At11 torney General or the Secretary that a 

12 denial of admission to the alien would 

13 result in extreme hardship to the 

14 United States citizen or lawfully ad15 mitted permanent resident son or 

16 daughter, spouse, or parent of the 

17 alien.’’. 

18 (b) MISREPRESENTATION OF CITIZENSHIP.—The 

19 Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 

20 is amended— 

21 (1) in section 212 (8 U.S.C. 1182)— 

22 (A) in subsection (a)(6)(C)— 

23 (i) by amending clause (ii) to read as 

24 follows: 


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1 ‘‘(ii) MISREPRESENTATION OF CITI2 ZENSHIP.— 

3 ‘‘(I) IN GENERAL.—Any alien 

4 who knowingly and willfully misrepre5 sents, or has knowingly and willfully 

6 misrepresented, himself or herself to 

7 be a citizen of the United States for 

8 any purpose or benefit under this Act 

9 (including section 274A) or any Fed10 eral or State law is inadmissible. 

11 ‘‘(II) EXCEPTION.—In the case 

12 of an alien who was under the age of 

13 21 years at the time of making a mis14 representation described in subclause 

15 (I), the alien shall not be considered 

16 to be inadmissible under any provision 

17 of this subsection based on such mis18 representation.’’; and 

19 (ii) in clause (iii), by striking ‘‘of 

20 clause (i)’’; and 

21 (B) by amending subsection (i)(1) to read 

22 as follows: 

23 ‘‘(i)(1) The Attorney General or the Secretary of 

24 Homeland Security may, in the discretion of the Attorney 

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1 section (a)(6)(C) in the case of an alien who is the parent, 

2 spouse, son or daughter of a United States citizen or of 

3 an alien lawfully admitted for permanent residence and 

4 in the case of an alien who is an alien granted classifica5 tion under clause (iii) or (iv) of section 204(a)(1)(A), if 

6 it is established to the satisfaction of the Attorney General 

7 or the Secretary that the admission to the United States 

8 of such alien would not be contrary to the national welfare, 

9 safety, or security of the United States.’’; and 

10 (2) by amending section 237(a)(3)(D) (8 

11 U.S.C. 1227(a)(3)(D)) to read as follows: 

12 ‘‘(D) MISREPRESENTATION OF CITIZEN13 SHIP.— 

14 ‘‘(i) IN GENERAL.—Any alien who 

15 knowingly and willfully misrepresents, or 

16 has knowingly and willfully misrepresented, 

17 himself or herself to be a citizen of the 

18 United States for any purpose or benefit 

19 under this Act (including section 274A) or 

20 any Federal or State law is deportable. 

21 ‘‘(ii) EXCEPTION.—In the case of an 

22 alien who was under the age of 21 years 

23 at the time of making a misrepresentation 

24 described in clause (i), the alien shall not 

25 be considered to be deportable under any 


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1 provision of this subsection based on such 

2 misrepresentation.’’. 

3 (c) CONFORMING AMENDMENTS.— 

4 (1) Section 214(q) of the Immigration and Na5 tionality Act (8 U.S.C. 1184(q)) is amended— 

6 (A) by striking paragraph (2); 

7 (B) in paragraph (3)(C), by striking 

8 ‘‘paragraphs (6)(A), (7), and (9)(B)’’ and in9 serting ‘‘paragraphs (6)(A) and (7)’’; and 

10 (C) by redesignating paragraph (3) as 

11 paragraph (2). 

12 (2) Section 245(h)(2)(A) of the Immigration 

13 and Nationality Act (8 U.S.C. 1255(h)(2)(A)) is 

14 amended by striking ‘‘(7)(A), and (9)(B)’’ and in15 serting ‘‘and (7)(A)’’. 

16 (3) Section 248(a) of the Immigration and Na17 tionality Act (8 U.S.C. 1258(a)) is amended, in the 

18 matter preceding paragraph (1), by striking ‘‘and 

19 who is not inadmissible under section 

20 212(a)(9)(B)(i)’’ and all that follows through ‘‘sec21 tion 212(a)(9)(B)(v))’’. 


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1 SEC. 102. EXTENSION OF THE APPLICATION PERIOD FOR 

2 CERTAIN ALIENS PRESENT IN THE UNITED 

3 STATES FOR ADJUSTMENT OF STATUS. 

4 Section 245(i)(1)(B)(i) of the Immigration and Na5 tionality Act (8 U.S.C. 1255(i)(1)(B)(i)) is amended by 

6 striking ‘‘April 30, 2001’’ and inserting the following: ‘‘the 

7 date that is not later than 5 years after the date of the 

8 enactment of the Fairness for Immigrant Families Act’’. 

9 Subtitle B—Relief From Removal 

10 SEC. 111. INDIVIDUALS PREVIOUSLY REMOVED. 

11 (a) DISCRETIONARY REINSTATEMENT OF REMOVAL

12 ORDERS.—Section 241(a)(5) of the Immigration and Na13 tionality Act (8 U.S.C. 1231(a)(5)) is amended— 

14 (1) by striking ‘‘If the Attorney General’’ and 

15 inserting the following: 

16 ‘‘(A) IN GENERAL.—Except as provided in 

17 subparagraph (B), if the Secretary of Home18 land Security’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(B) EXCEPTIONS.— 

21 ‘‘(i) IN GENERAL.—Subparagraph (A) 

22 shall not apply to an alien— 

23 ‘‘(I) who has not attained the age 

24 of 18 years on the date on which the 

25 alien reenters the United States; or 


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1 ‘‘(II) the reinstatement of the 

2 prior order of removal of whom— 

3 ‘‘(aa) is not in the public in4 terest; 

5 ‘‘(bb) would result in hard6 ship to the United States citizen 

7 or lawful permanent resident par8 ent, spouse, or child of the alien; 

9 or 

10 ‘‘(cc) would prevent consid11 eration of an application for asy12 lum that has not been previously 

13 adjudicated. 

14 ‘‘(ii) RULE OF CONSTRUCTION.—For 

15 purposes of this paragraph, family separa16 tion shall be considered— 

17 ‘‘(I) not in the public interest; 

18 and 

19 ‘‘(II) a hardship.’’. 

20 (b) MOTIONS TO REOPEN AND RECONSIDER.—Sec21 tion 240(c) of the Immigration and Nationality Act (8 

22 U.S.C. 1229a(c)) is amended by adding at the end the 

23 following: 

24 ‘‘(8) SPECIAL RULE FOR RELATIVES OF UNITED

25 STATES CITIZENS.— 


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1 ‘‘(A) IN GENERAL.—Notwithstanding sub2 paragraphs (A) and (B) of paragraph (6) and 

3 subparagraphs (A) and (C) of paragraph (7)— 

4 ‘‘(i) an alien described in subpara5 graph (B) may file a motion to reconsider 

6 under paragraph (6) or a motion to reopen 

7 under paragraph (7) at any time and with8 out numerical limitation; and 

9 ‘‘(ii) the Attorney General shall con10 sider any such motion. 

11 ‘‘(B) ALIEN DESCRIBED.—An alien de12 scribed in this subparagraph is an alien who 

13 is— 

14 ‘‘(i) outside the United States after 

15 having been excluded, deported, or re16 moved from, or ordered to voluntarily de17 part, the United States on or after Janu18 ary 20, 2017; and 

19 ‘‘(ii) the spouse, child, or parent of a 

20 citizen of the United States or an alien 

21 lawfully admitted for permanent residence. 

22 ‘‘(C) TREATMENT OF PHYSICAL PRES23 ENCE.—For purposes of any physical presence 

24 or continuous residence requirement for relief 

25 under the immigration laws, with respect to an 


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1 alien described in subparagraph (B), a period 

2 outside the United States after having been ex3 cluded, deported, or removed from, or ordered 

4 to voluntarily depart the United States on or 

5 after January 20, 2017, shall not be considered 

6 to toll or break the alien’s physical presence or 

7 continuous residence in the United States.’’. 

8 SEC. 112. EXPANSION OF CANCELLATION OF REMOVAL. 

9 (a) IN GENERAL.—Section 240A of the Immigration 

10 and Nationality Act (8 U.S.C. 1229b) is amended— 

11 (1) in subsection (b)— 

12 (A) in paragraph (1)— 

13 (i) in subparagraph (A), by striking 

14 ‘‘10’’ and inserting ‘‘7’’; and 

15 (ii) by amending subparagraph (D) to 

16 read as follows: 

17 ‘‘(D) establishes that removal would result 

18 in extreme hardship to— 

19 ‘‘(i) the alien; or 

20 ‘‘(ii) the alien’s spouse, parent, or 

21 child who is a citizen of the United States 

22 or an alien lawfully admitted for perma23 nent residence.’’; and 

24 (B) by adding at the end the following: 

25 ‘‘(7) AFFIRMATIVE APPLICATION PROCESS.— 


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1 ‘‘(A) IN GENERAL.—The Secretary of 

2 Homeland Security may cancel the removal of, 

3 and adjust to the status of an alien lawfully ad4 mitted for permanent residence, an alien de5 scribed in paragraph (1) or (2), who— 

6 ‘‘(i) demonstrates that the alien is the 

7 spouse, parent, son or daughter, or legal 

8 guardian of a citizen of the United States; 

9 and 

10 ‘‘(ii) submits to the Secretary of 

11 Homeland Security an application at such 

12 time, in such manner, and containing such 

13 information as the Secretary may reason14 ably require. 

15 ‘‘(B) NUMERICAL LIMITATIONS.—Notwith16 standing any other provision of law, an alien 

17 admitted to the United States under this sec18 tion shall not be subject to any numerical limi19 tation.’’; and 

20 (2) by striking subsection (e). 

21 (b) REGULATIONS.—The Secretary of Homeland Se22 curity shall promulgate regulations setting forth proce23 dures and requirements with respect to the processing and 

24 adjudication of affirmative applications for cancellation of 

25 removal under paragraph (7) of section 240A(b) of the 


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1 Immigration and Nationality Act (8 U.S.C. 1229b(b)), as 

2 added by subsection (a)(1)(B). 

3 SEC. 113. PROHIBITION ON REMOVAL OF ALIENS WITH 

4 PENDING APPLICATIONS. 

5 (a) IN GENERAL.—Section 235 of the Immigration 

6 and Nationality Act (8 U.S.C. 1225) is amended— 

7 (1) in the section heading, by inserting ‘‘; PRO8 HIBITION ON REMOVAL’’ after ‘‘HEARING’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(e) PROHIBITION ON REMOVAL OF ALIENS WITH

11 CERTAIN PENDING PETITIONS AND APPLICATIONS.— 

12 ‘‘(1) BENEFICIARIES OF PETITIONS FOR IMMI13 GRANT VISAS.—An alien who is the beneficiary (in14 cluding a spouse or child of the principal alien, if eli15 gible to receive a visa under section 203(d)) of a pe16 tition for classification under section 204 that was 

17 filed with the Secretary of Homeland Security and 

18 who is prima facie eligible for approval may not be 

19 removed while such petition or application is pending 

20 or a decision on such petition or application is on 

21 appeal. 

22 ‘‘(2) APPLICANTS FOR CERTAIN NONIMMIGRANT

23 AND SPECIAL IMMIGRANT CLASSIFICATIONS AND

24 CANCELLATION OF REMOVAL.—An applicant for 

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1 paragraph (T), (U), or (V) of section 101(a)(15), an 

2 applicant for classification as a special immigrant 

3 under section 101(a)(27)(J), or an applicant for 

4 cancellation of removal under section 240A may not 

5 be removed while such application is pending or a 

6 decision on such application is on appeal.’’. 

7 (b) CONFORMING AMENDMENT.—The table of con8 tents at the beginning of the Immigration and Nationality 

9 Act (8 U.S.C. 1101 et seq.) is amended by striking the 

10 item relating to section 235 and inserting the following: 

‘‘Sec. 235. Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing; prohibition on removal.’’. 

11 SEC. 114. MOTIONS TO REOPEN IN CASES INVOLVING 

12 FRAUD, NEGLIGENCE, MISREPRESENTATION, 

13 EXTORTION, AND UNAUTHORIZED PRACTICE 

14 OF LAW. 

15 Section 240(c)(7)(C) of the Immigration and Nation16 ality Act (8 U.S.C. 1229a(c)(7)(C)) is amended by adding 

17 at the end the following: 

18 ‘‘(v) FRAUD, NEGLIGENCE, MISREPRE19 SENTATION, OR EXTORTION BY, OR AT20 TEMPTED, PROMISED, OR ACTUAL PRAC21 TICE OF LAW WITHOUT AUTHORIZATION

22 ON THE PART OF A REPRESENTATIVE.— 

23 Notwithstanding subparagraph (A) and 

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1 open at any time to apply for relief due to 

2 fraud, negligence, misrepresentation, or ex3 tortion by, or attempted, promised, or ac4 tual practice of law without authorization 

5 on the part of, a representative described 

6 in subsection (a) or (b) of section 1292.1 

7 of title 8, Code of Federal Regulations, or 

8 a person who claimed to be such a rep9 resentative if the alien establishes by a pre10 ponderance of the evidence such fraud, 

11 negligence, misrepresentation, or extortion 

12 by, or attempted, promised, or actual prac13 tice of law without authorization on the 

14 part of, such a representative or person.’’. 

15 Subtitle C—Provisions Relating to 

16 Removal of Parents of United 

17 States Citizens 

18 SEC. 121. REVIEW OF AND REPORTING ON REMOVAL OF 

19 PARENTS OF UNITED STATES CITIZENS. 

20 (a) IN GENERAL.—Before the removal from the 

21 United States of an alien parent or legal guardian of a 

22 child under the age of 21 years who is a citizen of the 

23 United States or an alien lawfully admitted for permanent 

24 residence, the Director of U.S. Immigration and Customs 


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1 Enforcement (referred to in this section as the ‘‘Direc2 tor’’) shall review and approve the removal of such alien. 

3 (b) QUARTERLY REPORT.—Not less frequently than 

4 quarterly, the Director shall submit to Congress a report 

5 on each review conducted under subsection (a) during the 

6 preceding quarter that describes the result of the review. 

7 (c) NONDELEGATION.—The Director may not dele8 gate the responsibilities under this section. 

9 SEC. 122. REPORT ON ENFORCEMENT ACTIONS AGAINST 

10 PARENTS OF UNITED STATES CITIZENS AND 

11 DACA RECIPIENTS. 

12 With respect to alien parents of children who are citi13 zens of the United States, aliens lawfully admitted for per14 manent residence, or DACA recipients— 

15 (1) not later than 90 days after the date of the 

16 enactment of this Act, the Secretary of Homeland 

17 Security shall submit to Congress a report on the 

18 number of such aliens removed from the United 

19 States during the period beginning on January 20, 

20 2017, and ending on January 20, 2021; and 

21 (2) not less frequently than quarterly, the Sec22 retary of Homeland Security shall submit to Con23 gress, for the preceding quarter, a report on— 


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1 (A) the number of such aliens arrested by 

2 U.S. Immigration and Customs Enforcement or 

3 U.S. Customs and Border Protection; 

4 (B) the number of such aliens detained by 

5 U.S. Immigration and Customs Enforcement or 

6 U.S. Customs and Border Protection; 

7 (C) the number of such aliens for whom 

8 U.S. Immigration and Customs Enforcement 

9 has obtained an order of removal; 

10 (D) the number of such aliens removed 

11 from the United States and the countries to 

12 which such aliens were removed; and 

13 (E) the number of such aliens processed 

14 through partnership programs with local law 

15 enforcement, including— 

16 (i) the Secure Communities immigra17 tion enforcement program operated by 

18 U.S. Immigration and Customs Enforce19 ment; 

20 (ii) a written agreement under section 

21 287(g) of the Immigration and Nationality 

22 Act (8 U.S.C. 1357(g)); and 

23 (iii) detainers placed by U.S. Immi24 gration and Customs Enforcement. 


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1 SEC. 123. PROTECTIONS FOR UNITED STATES CITIZEN 

2 CHILDREN ABROAD. 

3 (a) REPORT ON UNITED STATES CITIZEN CHILDREN

4 ACCOMPANYING REMOVED PARENTS.— 

5 (1) IN GENERAL.—Not less frequently than 

6 semiannually, the Secretary of State, with the co7 operation of the Secretary of Homeland Security, 

8 shall submit to Congress a report on known citizens 

9 of the United States under the age of 18 years who 

10 leave the United States to accompany an alien par11 ent or legal guardian who has been removed from 

12 the United States. 

13 (2) ELEMENTS.—Each report required by para14 graph (1) shall include, for the preceding reporting 

15 period— 

16 (A) the number of such citizens of the 

17 United States; and 

18 (B) for each such citizen of the United 

19 States— 

20 (i) his or her current age; 

21 (ii) the age at which he or she de22 parted the United States; 

23 (iii) his or her country of residence; 

24 (iv) an assessment whether— 

25 (I) either parent was deported or 

26 removed from the United States; 


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•S 5055 IS

1 (II) either parent remains in the 

2 United States; and 

3 (III) he or she was in foster care 

4 in the United States at any time; and 

5 (v) an identification of any pending 

6 custody case in the United States with re7 spect to such citizen, as applicable. 

8 (3) COOPERATION OF SECRETARY OF HOME9 LAND SECURITY.—The Secretary of Homeland Secu10 rity shall provide to the Secretary of State any data 

11 of the Department of Homeland Security that the 

12 Secretary of State may require to prepare the report 

13 under this subsection. 

14 (b) DIRECTORATE OF COMMUNITY OUTREACH.— 

15 There is established within the Department of State a di16 rectorate for the purpose of conducting outreach to citi17 zens of the United States under the age of 18 years who 

18 have left the United States to accompany an alien family 

19 member who has been removed from the United States. 

20 TITLE II—COMBATING FRAUD 

21 AND PROMOTING CITIZENSHIP 

22 SEC. 201. COMBATING IMMIGRATION SERVICES FRAUD. 

23 (a) SCHEMES TO PROVIDE FRAUDULENT IMMIGRA24 TION SERVICES.— 


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1 (1) IN GENERAL.—Chapter 47 of title 18, 

2 United States Code, is amended by adding at the 

3 end the following: 

4 ‘‘§ 1041. Schemes to provide fraudulent immigration 

5 services 

6 ‘‘(a) IN GENERAL.— 

7 ‘‘(1) OFFENSE.—It shall be unlawful to know8 ingly or recklessly execute a scheme or artifice, in 

9 connection with any matter that is authorized by or 

10 arises under any Federal immigration law or any 

11 matter the offender claims or represents is author12 ized by or arises under any Federal immigration 

13 law, to— 

14 ‘‘(A) defraud any person; or 

15 ‘‘(B) obtain or receive money or anything 

16 else of value from any person by means of false 

17 or fraudulent pretenses, representations, or 

18 promises. 

19 ‘‘(2) PENALTY.—Any person who violates para20 graph (1) shall be fined under this title, imprisoned 

21 for not more than 10 years, or both. 

22 ‘‘(b) MISREPRESENTATION.— 

23 ‘‘(1) OFFENSE.—It shall be unlawful for a per24 son to knowingly and falsely represent that such 

25 person is an attorney or an accredited representative 


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•S 5055 IS

1 (as that term is defined in section 1292.1 of title 8, 

2 Code of Federal Regulations (or any successor regu3 lation)) in any matter arising under any Federal im4 migration law. 

5 ‘‘(2) PENALTY.—Any person who violates para6 graph (1) shall be fined under this title, imprisoned 

7 for not more than 15 years, or both. 

8 ‘‘(c) REIMBURSEMENT.—Any person convicted of an 

9 offense under this section shall fully reimburse the client 

10 for any services that person fraudulently provided.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions for chapter 47 of title 18, United States Code, 

13 is amended by inserting after the item relating to 

14 section 1040 the following: 

‘‘1041. Schemes to provide fraudulent immigration services.’’. 

15 (b) LOCAL IMMIGRATION CONSUMER FRAUD INFOR16 MATION HOTLINES AND ASSISTANCE WEBSITES.—Title I 

17 of the Omnibus Crime Control and Safe Streets Act of 

18 1968 (34 U.S.C. 10101 et seq.) is amended by adding at 

19 the end the following: 

20 ‘‘PART OO—IMMIGRATION CONSUMER FRAUD 

21 HOTLINES AND WEBSITES 

22 ‘‘SEC. 3051. IMMIGRATION CONSUMER FRAUD HOTLINES 

23 AND WEBSITES. 

24 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen25 eral shall make grants to States, units of local governVerDate Sep 11 2014 19:36 Jan 15, 2021 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S5055.IS S5055

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1 ment, or any combination thereof, in partnership with 

2 stakeholders, service providers, and nonprofit organiza3 tions. 

4 ‘‘(b) MANDATORY GRANT USES.—Grant funds 

5 awarded under this section shall be expended for each of 

6 the following purposes: 

7 ‘‘(1) IMMIGRATION CONSUMER FRAUD INFOR8 MATION WEBSITES.—To provide for the establish9 ment and operation of an immigration consumer 

10 fraud information and assistance website, which 

11 shall be a highly secure internet website that pro12 vides information and assistance to victims of immi13 gration consumer fraud. In establishing and oper14 ating the immigration consumer fraud and assist15 ance website, the grantee shall— 

16 ‘‘(A) use grant funds for startup and oper17 ation costs associated with establishing and op18 erating the website; 

19 ‘‘(B) use a name or acronym as part of its 

20 web address that identifies the website with the 

21 geographic locality receiving the grant under 

22 subsection (a); 

23 ‘‘(C) provide accurate information that de24 scribes the services available to immigration 


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1 consumer fraud victims, including free or low2 cost legal assistance; 

3 ‘‘(D) clearly include, in all pages of the 

4 website, that the information presented is for 

5 reference purposes only and does not constitute 

6 as legal advice; and 

7 ‘‘(E) must provide translation of website 

8 content, in languages that are consistent with 

9 the criteria outlined in subsection (d)(2)(E)(i), 

10 either with a web page interface, or mirrored 

11 pages. 

12 ‘‘(2) IMMIGRATION CONSUMER FRAUD HOT13 LINES.—To establish or expand an immigration con14 sumer fraud hotline to provide information and as15 sistance to victims of immigration consumer fraud. 

16 In addition, grantees may, in operating with the hot17 line, work in conjunction with other local programs 

18 and activities that serve victims of immigration con19 sumer fraud. In establishing and operating the hot20 line, the entity shall— 

21 ‘‘(A) contract with a carrier for the use of 

22 a toll-free telephone line; 

23 ‘‘(B) employ, train, and supervise per24 sonnel to answer incoming calls and provide asVerDate Sep 11 2014 00:06 Jan 20, 2021 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S5055.IS S5055

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1 sistance and referral services to callers on a 24- 

2 hour-a-day basis; 

3 ‘‘(C) assemble and maintain a current 

4 database of information relating to services for 

5 victims of immigration consumer fraud to which 

6 callers throughout the United States may be re7 ferred; and 

8 ‘‘(D) be prohibited from asking hotline 

9 callers about their citizenship status. 

10 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this Act 

11 shall require a grantee receiving funds under this Act to 

12 comply with a request lawfully made by the Department 

13 of Homeland Security under section 236 or 287 of the 

14 Immigration and Nationality Act (8 U.S.C. 1226 and 

15 1357) to comply with a detainer for, or notify about the 

16 use of services provided under this Act by an individual. 

17 ‘‘(d) APPLICATION.—The Attorney General may ap18 prove an application for a grant under this section only 

19 if such application— 

20 ‘‘(1) contains such agreements, assurances, and 

21 information, be in such form, and be submitted in 

22 such manner, as the Attorney General shall by rule 

23 require; 

24 ‘‘(2) in the case of an application for a grant 

25 to carry out activities described in subsection (b)(2), 


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1 includes a complete description of the applicant’s 

2 plan for the operation of an immigration consumer 

3 fraud hotline, including descriptions of— 

4 ‘‘(A) the training program for hotline per5 sonnel, including technology training to ensure 

6 that all persons affiliated with the hotline are 

7 able to effectively operate any technological sys8 tems used by the hotline; 

9 ‘‘(B) the hiring criteria for hotline per10 sonnel; 

11 ‘‘(C) the methods for the creation, mainte12 nance, and updating of a resource database; 

13 ‘‘(D) a plan for publicizing the availability 

14 of the hotline; 

15 ‘‘(E) a plan for providing service to non16 English speaking callers that— 

17 ‘‘(i) is based on data from the bureau 

18 of the census and be consistent with the 

19 local area demographics where the immi20 gration consumer fraud hotline will operate 

21 such plan will outline which languages are 

22 most prevalent and commonly requested 

23 for translation services; or 

24 ‘‘(ii) is based on qualitative and quan25 titative observation from community servVerDate Sep 11 2014 19:36 Jan 15, 2021 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S5055.IS S5055

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1 ice providers offering immigration-related 

2 services; and 

3 ‘‘(F) a plan for facilitating access to the 

4 hotline by persons with hearing impairments; 

5 and 

6 ‘‘(3) in the case of an application for a grant 

7 to carry out activities described in subsection 

8 (b)(1)— 

9 ‘‘(A) include a complete description of the 

10 applicant’s plan for the development, operation, 

11 maintenance, and updating of information and 

12 resources of the immigration consumer fraud 

13 information and assistance website; 

14 ‘‘(B) include a certification that the appli15 cant will implement a high-level security system 

16 to ensure the confidentiality of the website, tak17 ing into consideration the safety of immigration 

18 consumer fraud victims; 

19 ‘‘(C) include an assurance that, after the 

20 third year of the website project, the recipient 

21 of the grant will develop a plan to secure other 

22 public or private funding resources to ensure 

23 the continued operation and maintenance of the 

24 website; and 


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1 ‘‘(D) demonstrate that the applicant has 

2 recognized expertise in the area of immigration 

3 consumer fraud and a record of high-quality 

4 service to victims of immigration consumer 

5 fraud, including a demonstration of support 

6 from advocacy groups. 

7 ‘‘(e) RENEWAL OF GRANTS.—A grant made under 

8 this section may be renewed, without limitations on the 

9 duration of such renewal, to provide additional funds, if 

10 the Attorney General determines that the funds made 

11 available to the recipient were used in a manner required 

12 under an approved application and if the recipient can 

13 demonstrate significant progress in achieving the objec14 tives of the initial application. 

15 ‘‘(f) NO COST EXTENSIONS.—Notwithstanding sub16 section (e), the Attorney General may extend a grant pe17 riod, without limitations as to the duration of such exten18 sion, to provide additional time to complete the objectives 

19 of the initial grant award. 

20 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 

21 ‘‘(1) IN GENERAL.—There is authorized to be 

22 appropriated to carry out this section $15,000,000 

23 for fiscal year 2022 and each succeeding fiscal year. 

24 ‘‘(2) WEBSITES.—Of the amounts appropriated 

25 to carry out this section, not less than 20 percent 


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1 shall be used for purposes of carrying out activities 

2 under subsection (b)(1). 

3 ‘‘(3) AVAILABILITY.—Funds authorized to be 

4 appropriated under this section may remain avail5 able until expended. 

6 ‘‘(h) PROHIBITION OF DATA SHARING FOR IMMIGRA7 TION ENFORCEMENT PURPOSES.— 

8 ‘‘(1) IN GENERAL.—Notwithstanding section 

9 642 of the Illegal Immigration Reform and Immi10 grant Responsibility Act of 1996 (8 U.S.C. 1373), 

11 an entity receiving a grant under this section may 

12 not disclose or use personally identifiable informa13 tion provided by individuals using a website or a hot14 line, a website or hotline under subsection (b), for 

15 the purposes of enforcing the immigration laws. 

16 ‘‘(2) REFERRALS PROHIBITED.—An entity re17 ceiving a grant under this section may not refer any 

18 individual participating in any program funded 

19 under this section to U.S. Immigration and Customs 

20 Enforcement or to U.S. Customs and Border Protec21 tion. 

22 ‘‘(3) PERSONALLY IDENTIFIABLE INFORMATION

23 DEFINED.—For purposes of this section, the term 

24 ‘personally identifiable information’ means any infor25 mation about an individual elicited, collected, stored, 


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1 or maintained by an entity receiving a grant under 

2 this section, including— 

3 ‘‘(A) any information that can be used to 

4 distinguish or trace the identity of an indi5 vidual, such as a name, residential address, a 

6 social security number, a date and place of 

7 birth, or a parent’s maiden name; and 

8 ‘‘(B) any other information that is linked 

9 or linkable to an individual, such as medical, 

10 educational, financial, and employment informa11 tion. 

12 ‘‘SEC. 3052. REPORT. 

13 ‘‘A State or unit of local government that receives 

14 funds under this part during a fiscal year shall submit 

15 to the Attorney General a description and an evaluation 

16 report on a date specified by the Attorney General regard17 ing the effectiveness of the programs carried out with a 

18 grant under this part.’’. 

19 (c) GRANTS TO STATES AND LOCAL JURISDICTIONS

20 TO PROMOTE OUTREACH CAMPAIGNS AGAINST IMMIGRA21 TION CONSUMER FRAUD.—Title I of the Omnibus Crime 

22 Control and Safe Streets Act of 1968 (34 U.S.C. 10101 

23 et seq.), as amended by subsection (b), is amended by in24 serting after part OO the following: 


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1 ‘‘PART PP—GRANTS TO STATES AND LOCAL JU2 RISDICTIONS TO PROMOTE OUTREACH CAM3 PAIGNS AGAINST IMMIGRATION CONSUMER 

4 FRAUD 

5 ‘‘SEC. 3061. GRANTS TO STATES AND LOCAL JURISDICTIONS 

6 TO PROMOTE OUTREACH CAMPAIGNS 

7 AGAINST IMMIGRATION CONSUMER FRAUD. 

8 ‘‘(a) GRANT AUTHORIZATION.— 

9 ‘‘(1) IN GENERAL.—The Attorney General shall 

10 make grants to States, units of local government, or 

11 any combination thereof, in partnership with stake12 holders, service providers, and nonprofit organiza13 tions. 

14 ‘‘(2) PURPOSE.—The purpose of grants distrib15 uted under this subsection is to enable States and 

16 localities to work with parties in paragraph (1) to 

17 carry out outreach campaigns in any of the fol18 lowing: 

19 ‘‘(A) Access to legal resources, including 

20 free or low-cost legal resources for persons of 

21 low income. 

22 ‘‘(B) Workshops educating the general 

23 public on immigration consumer fraud, includ24 ing methods to identify such fraud and best 

25 practices on prevention. 


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1 ‘‘(C) Hiring of casework staff, attorneys, 

2 translators, accredited representatives, and 

3 other similar staff to provide support for out4 reach objectives. 

5 ‘‘(D) Printed materials or digital media de6 signed with the intent to educate the public on 

7 where to obtain trusted legal resources, and 

8 how to prevent becoming a victim of immigra9 tion consumer fraud. 

10 ‘‘(E) Public service announcements in tele11 vision or radio, providing information on re12 sources and assistance on preventing immigra13 tion consumer fraud. 

14 ‘‘(F) Translation services, including trans15 lated equivalents of subparagraph (A), (B), (C), 

16 or (D), consistent with the grantee’s immediate 

17 translation needs based on— 

18 ‘‘(i) data from the Bureau of the Cen19 sus and be consistent with the local area 

20 demographics where the outreach cam21 paign will operate, along with a description 

22 of the languages are most prevalent or 

23 commonly requested for translation serv24 ices; or 


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1 ‘‘(ii) quantitative or qualitative obser2 vation from community service providers 

3 offering immigration-related services. 

4 ‘‘(b) CONTENTS.—In accordance with such require5 ments as the Attorney General may by rule establish, each 

6 application for a grant under this section shall— 

7 ‘‘(1) include a long-term strategy and detailed 

8 implementation plan that reflects consultation with 

9 community groups and appropriate stakeholders; 

10 ‘‘(2) explain the applicant’s inability to address 

11 the need without Federal assistance; 

12 ‘‘(3) identify related governmental and commu13 nity initiatives which compliment or will be coordi14 nated with the proposal; and 

15 ‘‘(4) identify local service providers and non16 profit organizations that have substantial or signifi17 cant experience dealing with immigration-related 

18 matters. 

19 ‘‘(c) RENEWAL OF GRANTS.—A grant made under 

20 this section may be renewed, without limitations on the 

21 duration of such renewal, to provide additional funds, if 

22 the Attorney General determines that the funds made 

23 available to the recipient were used in a manner required 

24 under an approved application and if the recipient can 


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•S 5055 IS

1 demonstrate significant progress in achieving the objec2 tives of the initial application. 

3 ‘‘(d) NO COST EXTENSIONS.—Notwithstanding sub4 section (c), the Attorney General may extend a grant pe5 riod, without limitations as to the duration of such exten6 sion, to provide additional time to complete the objectives 

7 of the initial grant award. 

8 ‘‘(e) SUSPENSION OF FUNDS.—If the Attorney Gen9 eral determines that a grant recipient under this section 

10 is not in substantial compliance with the terms and re11 quirements of an approved grant application, the Attorney 

12 General may revoke or suspend funding of that grant, in 

13 whole, or in part. 

14 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

15 ‘‘(1) IN GENERAL.—There is authorized to be 

16 appropriated to carry out this section $10,000,000 

17 for fiscal year 2022 and each succeeding fiscal year. 

18 ‘‘(2) AVAILABILITY.—Funds authorized to be 

19 appropriated under this section may remain avail20 able until expended. 

21 ‘‘(g) PROHIBITION ON DATA SHARING FOR IMMIGRA22 TION ENFORCEMENT PURPOSES.— 

23 ‘‘(1) IN GENERAL.—Notwithstanding section 

24 642 of the Illegal Immigration Reform and Immi25 grant Responsibility Act of 1996 (8 U.S.C.1373), an 


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•S 5055 IS

1 entity receiving a grant under this section may not 

2 disclose or use personally identifiable information 

3 provided by individuals participating in outreach 

4 campaigns specified in subsection (a) for the pur5 poses of enforcing the immigration laws. 

6 ‘‘(2) REFERRALS PROHIBITED.—An entity re7 ceiving a grant under this section may not refer any 

8 individual participating in any program funded 

9 under this section to U.S. Immigration and Customs 

10 Enforcement or to U.S. Customs and Border Protec11 tion. 

12 ‘‘(3) PERSONALLY IDENTIFIABLE INFORMATION

13 DEFINED.—For purposes of this section, the term 

14 ‘personally identifiable information’ means any infor15 mation about an individual elicited, collected, stored, 

16 or maintained by an entity receiving a grant under 

17 this section, including— 

18 ‘‘(A) any information that can be used to 

19 distinguish or trace the identity of an indi20 vidual, such as a name, residential address, a 

21 social security number, a date and place of 

22 birth, or a parent’s maiden name; and 

23 ‘‘(B) any other information that is linked 

24 or linkable to an individual, such as medical, 


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•S 5055 IS

1 educational, financial, and employment informa2 tion. 

3 ‘‘SEC. 3062. REPORT. 

4 ‘‘A State or unit of local government that receives 

5 funds under this part during a fiscal year shall submit 

6 to the Attorney General a description and an evaluation 

7 report on a date specified by the Attorney General regard8 ing the effectiveness of the programs carried out with a 

9 grant under this part.’’. 

10 (d) GRANTS TO STATES AND LOCAL JURISDICTIONS

11 TO INCREASE ENFORCEMENT AGAINST IMMIGRATION

12 CONSUMER FRAUD.—Title I of the Omnibus Crime Con13 trol and Safe Streets Act of 1968 (34 U.S.C. 10101 et 

14 seq.), as amended by subsections (b) and (c), is amended 

15 by inserting after part PP the following: 

16 ‘‘PART QQ—GRANTS TO STATES AND LOCAL JU17 RISDICTIONS TO INCREASE ENFORCEMENT 

18 AGAINST IMMIGRATION CONSUMER FRAUD 

19 ‘‘SEC. 3071. GRANTS TO STATES AND LOCAL JURISDICTIONS 

20 TO INCREASE ENFORCEMENT AGAINST IMMI21 GRATION CONSUMER FRAUD. 

22 ‘‘(a) GRANT AUTHORIZATION.— 

23 ‘‘(1) IN GENERAL.—The Attorney General shall 

24 make grants to States, units of local government, or 

25 any combination thereof. 


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1 ‘‘(2) PURPOSE.—The purpose of grants distrib2 uted under this subsection is to enable States and 

3 localities to increase the enforcement of— 

4 ‘‘(A) State and local laws against immigra5 tion consumer fraud; and 

6 ‘‘(B) section 1041 of title 18, United 

7 States Code. 

8 ‘‘(3) PERMITTED USE OF FUNDS.—A State or 

9 unit of local government that receives a grant under 

10 this section may use funds from the grant for activi11 ties, including— 

12 ‘‘(A) hiring staff, such as compliance offi13 cers that are charged with investigating and en14 forcing Federal, State, and local laws against 

15 immigration consumer fraud; 

16 ‘‘(B) training staff, such as the compliance 

17 officers described in subparagraph (A); 

18 ‘‘(C) investigating complaints of immigra19 tion consumer fraud; and 

20 ‘‘(D) taking action against violations of 

21 Federal, State, and local laws relating to immi22 gration consumer fraud, which may include the 

23 prosecution of violators. 


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1 ‘‘(b) CONTENTS.—In accordance with such require2 ments as the Attorney General may by rule establish, each 

3 application for a grant under this section shall— 

4 ‘‘(1) include a detailed implementation plan 

5 that reflects consultation with community groups 

6 and appropriate stakeholders; and 

7 ‘‘(2) explain the inability of the State or unit of 

8 local government to address the need to increase en9 forcement of immigration consumer fraud laws with10 out Federal assistance. 

11 ‘‘(c) RENEWAL OF GRANTS.—A grant made under 

12 this section may be renewed, without limitations on the 

13 duration of such renewal, to provide additional funds, if 

14 the Attorney General determines that the funds made 

15 available to the recipient were used in a manner required 

16 under an approved application and if the recipient can 

17 demonstrate significant progress in achieving the objec18 tives of the initial application. 

19 ‘‘(d) NO COST EXTENSIONS.—Notwithstanding sub20 section (c), the Attorney General may extend a grant pe21 riod, without limitations as to the duration of such exten22 sion, to provide additional time to complete the objectives 

23 of the initial grant award. 

24 ‘‘(e) SUSPENSION OF FUNDS.—If the Attorney Gen25 eral determines that a grant recipient under this section 


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•S 5055 IS

1 is not in substantial compliance with the terms and re2 quirements of an approved grant application, the Attorney 

3 General may revoke or suspend funding of that grant, in 

4 whole, or in part. 

5 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

6 ‘‘(1) IN GENERAL.—There is authorized to be 

7 appropriated to carry out this section $10,000,000 

8 for fiscal year 2022 and each succeeding fiscal year. 

9 ‘‘(2) AVAILABILITY.—Funds authorized to be 

10 appropriated under this section may remain avail11 able until expended. 

12 ‘‘(g) PROHIBITION ON DATA SHARING FOR IMMIGRA13 TION ENFORCEMENT PURPOSES.— 

14 ‘‘(1) IN GENERAL.— 

15 ‘‘(A) DISCLOSURE PROHIBITED.—Notwith16 standing section 642 of the Illegal Immigration 

17 Reform and Immigrant Responsibility Act of 

18 1996 (8 U.S.C. 1373), an entity receiving a 

19 grant under this section may not disclose or use 

20 personally identifiable information provided by 

21 an individual involved with the work funded 

22 under this section for the purposes of enforcing 

23 the immigration laws. 

24 ‘‘(B) EXCEPTION.—An entity receiving a 

25 grant under this section may disclose or use 


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1 personally identifiable information provided by 

2 an individual involved with the work funded 

3 under this section if— 

4 ‘‘(i) the disclosure or use required in 

5 order to prosecute a case; and 

6 ‘‘(ii) the individual explicitly permits 

7 the use or disclosure. 

8 ‘‘(2) REFERRALS PROHIBITED.—An entity re9 ceiving a grant under this section may not refer any 

10 individual involved with work funded under this sec11 tion to U.S. Immigration and Customs Enforcement 

12 or to U.S. Customs and Border Protection. 

13 ‘‘(3) PERSONALLY IDENTIFIABLE INFORMATION

14 DEFINED.—For purposes of this section, the term 

15 ‘personally identifiable information’ means any infor16 mation about an individual elicited, collected, stored, 

17 or maintained by an entity receiving a grant under 

18 this section, including— 

19 ‘‘(A) any information that can be used to 

20 distinguish or trace the identity of an indi21 vidual, such as a name, residential address, a 

22 social security number, a date and place of 

23 birth, or a parent’s maiden name; and 

24 ‘‘(B) any other information that is linked 

25 or linkable to an individual, such as medical, 


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•S 5055 IS

1 educational, financial, and employment informa2 tion. 

3 ‘‘SEC. 3072. REPORT. 

4 ‘‘A State or unit of local government that receives 

5 funds under this part during a fiscal year shall submit 

6 to the Attorney General a description and an evaluation 

7 report on a date specified by the Attorney General regard8 ing the effectiveness of the programs carried out with a 

9 grant under this part.’’. 

10 SEC. 202. REQUIREMENTS FOR IMMIGRATION CONSULT11 ANTS. 

12 (a) IN GENERAL.—Not later than 180 days after the 

13 date of the enactment of this Act, the Commission, in con14 sultation with the Director of the Executive Office for Im15 migration Review and the Secretary of Homeland Secu16 rity, shall promulgate regulations, in accordance with sec17 tion 553 of title 5, United States Code, that require an 

18 immigration consultant— 

19 (1) to disclose in all advertising or promotional 

20 material and by displaying a notice at the regular 

21 place of business (if any) of the consultant that the 

22 consultant is not an immigration attorney, cannot 

23 provide legal advice or legal services on immigration 

24 matters, and is not authorized to represent aliens 

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1 gration Appeals or authorized to represent others be2 fore the Department of Homeland Security in con3 nection with an application for an immigration ben4 efit or an immigration proceeding; 

5 (2) if the consultant enters into a written con6 tract for the provision of immigration consulting 

7 services— 

8 (A) to ensure that the contract states 

9 that— 

10 (i) the consultant is not an immigra11 tion attorney, cannot provide legal advice 

12 or legal services on immigration matters, 

13 and is not authorized to represent aliens 

14 before an immigration court or the Board 

15 of Immigration Appeals or authorized to 

16 represent others before the Department of 

17 Homeland Security in connection with an 

18 application for an immigration benefit or 

19 an immigration proceeding; and 

20 (ii) the client has the right to have the 

21 contract reviewed by an attorney; 

22 (B) to provide the client with a copy of the 

23 contract in English and, if requested by the cli24 ent, in one or more other languages; 


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1 (C) to inform the client of the right to re2 quest a copy of the contract in languages other 

3 than English, as required by subparagraph (B); 

4 and 

5 (D) to ensure that the contract provides 

6 the client with the right to rescind the contract 

7 at any time during the 72-hour period after en8 tering into the contract; 

9 (3) not to collect fees for immigration con10 sulting services before having rendered the services 

11 for which the fees are charged; 

12 (4) to return to the client any original docu13 ment obtained from the client (unless the original 

14 document must be provided to a Federal or State 

15 agency or another person and has been so provided) 

16 and to furnish to the client for no additional charge 

17 a copy of any document prepared or obtained by the 

18 consultant for the client or otherwise used in connec19 tion with immigration consulting services for the cli20 ent (other than notes or other documents prepared 

21 by the consultant for internal use in order to provide 

22 such services); and 

23 (5) to retain for not less than 3 years after 

24 ceasing to provide immigration consulting services 

25 for a client a copy of any document required by 


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1 paragraph (4) to be returned or furnished to the cli2 ent. 

3 (b) DEFINITIONS.—In this section: 

4 (1) COMMISSION.—The term ‘‘Commission’’ 

5 means the Federal Trade Commission. 

6 (2) IMMIGRATION CONSULTANT.—The term 

7 ‘‘immigration consultant’’ means a person engaged 

8 in the provision of immigration consulting services, 

9 except that such term does not include a person who 

10 is— 

11 (A) authorized to represent aliens before 

12 an immigration court or the Board of Immigra13 tion Appeals; or 

14 (B) authorized to represent others in con15 nection with an application or proceeding de16 scribed in paragraph (3)(A) before the Depart17 ment of Homeland Security in accordance with 

18 regulations promulgated by the Secretary of 

19 Homeland Security. 

20 (3) IMMIGRATION CONSULTING SERVICES.— 

21 (A) IN GENERAL.—The term ‘‘immigration 

22 consulting services’’ means assistance, advice, 

23 or services provided to an individual in connec24 tion with— 


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1 (i) application (or consideration of ap2 plication) by such individual for an immi3 gration benefit; or 

4 (ii) an immigration proceeding involv5 ing such individual before or with the De6 partment of Homeland Security or the Ex7 ecutive Office for Immigration Review. 

8 (B) INCLUSIONS.—Such term includes the 

9 following: 

10 (i) Assistance with procuring sup11 porting documentation requested by such 

12 an agency, such as a birth certificate or 

13 marriage license. 

14 (ii) Referring a client to an attorney 

15 for legal representation. 

16 (iii) Assistance with complying with 

17 requirements relating to biometric services. 

18 (C) EXCLUSIONS.—Such term does not in19 clude the following: 

20 (i) Completing a form of a Federal or 

21 State agency or submitting such form to 

22 such agency. 

23 (ii) Translating the responses of a cli24 ent to the information requested on such a 


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1 form or in other communications with such 

2 an agency. 

3 (4) STATE.—The term ‘‘State’’ means each of 

4 the several States, the District of Columbia, each 

5 commonwealth, territory, or possession of the United 

6 States, and each federally recognized Indian tribe. 

7 (c) APPLICABILITY AND ENFORCEMENT OF REGULA8 TIONS.— 

9 (1) GENERAL APPLICATION.—The requirements 

10 of the regulations promulgated under subsection (a) 

11 apply, according to their terms, to those persons, 

12 partnerships, and corporations over which the Com13 mission has authority pursuant to section 5(a)(2) of 

14 the Federal Trade Commission Act (15 U.S.C. 

15 45(a)(2)). 

16 (2) ENFORCEMENT BY FEDERAL TRADE COM17 MISSION.— 

18 (A) UNFAIR OR DECEPTIVE ACTS OR PRAC19 TICES.—A violation of a regulation promulgated 

20 under subsection (a) shall be treated as a viola21 tion of a regulation under section 18(a)(1)(B) 

22 of the Federal Trade Commission Act (15 

23 U.S.C. 57a(a)(1)(B)) regarding unfair or decep24 tive acts or practices. 


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1 (B) POWERS OF COMMISSION.—The Com2 mission shall enforce the regulations promul3 gated under subsection (a) in the same manner, 

4 by the same means, and with the same jurisdic5 tion, powers, and duties provided in the Federal 

6 Trade Commission Act (15 U.S.C. 41 et seq.), 

7 and any person who violates such a regulation 

8 shall be subject to the penalties and entitled to 

9 the privileges and immunities provided in such 

10 Act. 

11 (3) ACTIONS BY STATES.— 

12 (A) IN GENERAL.—In any case in which 

13 the attorney general of a State, or an official or 

14 agency of a State, has reason to believe that an 

15 interest of the residents of such State has been 

16 or is threatened or adversely affected by an act 

17 or practice in violation of a regulation promul18 gated under subsection (a), the State, as parens 

19 patriae, may bring a civil action on behalf of 

20 the residents of the State in an appropriate 

21 State court or an appropriate district court of 

22 the United States— 

23 (i) to enjoin such act or practice; 

24 (ii) to enforce compliance with such 

25 regulation; 


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1 (iii) to obtain on behalf of residents of 

2 the State— 

3 (I) damages for actual monetary 

4 loss from the violation, or up to 

5 $10,000 in damages for each such vio6 lation, whichever is greater; 

7 (II) restitution; or 

8 (III) other compensation; or 

9 (iv) to obtain such other legal and eq10 uitable relief as the court may consider to 

11 be appropriate. 

12 (B) NOTICE.—Before filing an action 

13 under this subsection, the attorney general, offi14 cial, or agency of the State involved shall pro15 vide to the Commission a written notice of such 

16 action and a copy of the complaint for such ac17 tion. If the attorney general, official, or agency 

18 determines that it is not feasible to provide the 

19 notice described in this paragraph before the 

20 filing of the action, the attorney general, offi21 cial, or agency shall provide written notice of 

22 the action and a copy of the complaint to the 

23 Commission immediately upon the filing of the 

24 action. 


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1 (C) AUTHORITY OF FEDERAL TRADE COM2 MISSION.— 

3 (i) IN GENERAL.—On receiving notice 

4 under subparagraph (B) of an action 

5 under this subsection, the Commission 

6 shall have the right— 

7 (I) to intervene in the action; 

8 (II) upon so intervening, to be 

9 heard on all matters arising therein; 

10 and 

11 (III) to file petitions for appeal. 

12 (ii) LIMITATION ON STATE ACTION

13 WHILE FEDERAL ACTION IS PENDING.—If 

14 the Commission or the Attorney General of 

15 the United States has instituted a civil ac16 tion for violation of a regulation promul17 gated under subsection (a) (referred to in 

18 this subparagraph as the ‘‘Federal ac19 tion’’), no State attorney general, official, 

20 or agency may bring an action under this 

21 subsection during the pendency of the Fed22 eral action against any defendant named in 

23 the complaint in the Federal action for any 

24 violation of such regulation alleged in such 

25 complaint. 


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1 (D) RULE OF CONSTRUCTION.—For pur2 poses of bringing a civil action under this para3 graph, nothing in this Act shall be construed to 

4 prevent an attorney general, official, or agency 

5 of a State from exercising the powers conferred 

6 on the attorney general, official, or agency by 

7 the laws of such State to conduct investigations, 

8 administer oaths and affirmations, or compel 

9 the attendance of witnesses or the production of 

10 documentary and other evidence. 

11 (4) PRIVATE RIGHT OF ACTION.— 

12 (A) IN GENERAL.—A person injured by an 

13 act or practice in violation of a regulation pro14 mulgated under subsection (a) may bring in an 

15 appropriate State court or an appropriate dis16 trict court of the United States— 

17 (i) an action to enjoin the violation; 

18 (ii) an action to recover damages for 

19 actual monetary loss from the violation, or 

20 to receive up to $10,000 in damages for 

21 each such violation, whichever is greater; 

22 or 

23 (iii) both such actions. 

24 (B) WILLFUL OR KNOWING VIOLATIONS.— 

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1 fully or knowingly in committing a violation de2 scribed in subparagraph (A), the court may, in 

3 its discretion, increase the amount of the award 

4 to an amount equal to not more than 3 times 

5 the amount available under subparagraph 

6 (A)(ii). 

7 (C) COSTS AND ATTORNEY’S FEES.—The 

8 court shall award to a prevailing plaintiff in an 

9 action under this subsection the costs of such 

10 action and reasonable attorney’s fees, as deter11 mined by the court. 

12 (D) NONEXCLUSIVE REMEDY.—The rem13 edy provided by this subsection shall be in addi14 tion to any other remedies available to the per15 son. 

16 SEC. 203. FEE AND BACKLOG TRANSPARENCY. 

17 Section 286(m) of the Immigration and Nationality 

18 Act (8 U.S.C. 1356(m)) is amended to read as follows: 

19 ‘‘(m) IMMIGRATION SERVICE FEES.— 

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), all fees designated by the Secretary of 

22 Homeland Security in regulations as ‘immigration 

23 adjudication fees’ shall be deposited as offsetting re24 ceipts into the ‘Immigration Examinations Fee Ac25 count’ in the Treasury of the United States, whether 


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1 such fees are collected directly by the Secretary or 

2 through clerks of courts. 

3 ‘‘(2) VIRGIN ISLANDS AND GUAM.— 

4 ‘‘(A) GUAM.—All fees described in para5 graph (1) that are received by the Secretary of 

6 Homeland Security from applicants residing in 

7 Guam shall be remitted to the Department of 

8 Revenue and Taxation of Guam. 

9 ‘‘(B) VIRGIN ISLANDS.—All fees described 

10 in paragraph (1) that are received by the Sec11 retary of Homeland Security from applicants 

12 residing in the United States Virgin Islands 

13 shall be remitted to the Treasury Division of 

14 the United States Virgin Islands. 

15 ‘‘(3) REPORT REQUIREMENT BEFORE FEE IN16 CREASE.—The Secretary of Homeland Security may 

17 not increase any immigration service fee above the 

18 level of such fee as of January 1, 2019, before the 

19 date that is 60 days after the date on which the Sec20 retary submits to the Committee on the Judiciary of 

21 the Senate and the Committee on the Judiciary of 

22 the House of Representatives a report that— 

23 ‘‘(A) identifies the direct and indirect costs 

24 associated with providing adjudication and nat25 uralization services; 


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1 ‘‘(B) distinguishes the costs referred to in 

2 subparagraph (A) from immigration enforce3 ment and national security costs; 

4 ‘‘(C) identifies the costs allocated for pre5 mium processing services to business customers, 

6 as prescribed under subsection (u); 

7 ‘‘(D) describes the extent to which the fee 

8 prescribed in subsection (u) is set at a level 

9 that ensures full recovery of the costs referred 

10 to in subparagraph (C); 

11 ‘‘(E) identifies the amount of funding that 

12 is being allocated for the infrastructure im13 provements in the adjudication and customer14 service processes prescribed under subsection 

15 (u); and 

16 ‘‘(F) contains information regarding the 

17 amount by which such fee will be increased. 

18 ‘‘(4) ADJUDICATIONS DELAY AND BACKLOG RE19 PORT.—Not less frequently than quarterly, the Sec20 retary of Homeland Security shall submit to the 

21 Committee on the Judiciary of the Senate and the 

22 Committee on the Judiciary of the House of Rep23 resentatives a report that identifies each instance in 

24 which— 


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1 ‘‘(A) the processing time of more than 10 

2 percent of adjudications in any single category 

3 of immigration benefits surpasses the agency’s 

4 stated processing goal as of January 1, 2019; 

5 ‘‘(B) the processing time of more than 5 

6 percent of applications for legal permanent resi7 dence surpasses 150 days; and 

8 ‘‘(C) the processing time of more than 5 

9 percent of applications for naturalization sur10 passes 150 days.’’. 

11 SEC. 204. NATIONAL OFFICE FOR NEW AMERICANS. 

12 (a) ESTABLISHMENT.—There is established within 

13 the Executive Office of the President an office, to be 

14 known as the ‘‘National Office of New Americans’’, to 

15 carry out the purposes described in subsection (b). 

16 (b) PURPOSES.—The purposes of the Office are— 

17 (1) to promote and support immigrant and ref18 ugee integration into, and inclusion in, the social, 

19 economic, and civic life of the United States; 

20 (2) to ensure that the Federal Government and 

21 Federal agencies promote the pursuit of United 

22 States citizenship among immigrants and refugees; 

23 (3) to ensure access to quality English language 

24 learning programs that— 


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1 (A) enhance the employment and career 

2 prospects and economic integration of English 

3 language learners; and 

4 (B) increase— 

5 (i) the social integration of English 

6 language learners into local communities; 

7 and 

8 (ii) the participation of English lan9 guage learners in civic life, including en10 gagement with State and local govern11 ments, schools, and private and nonprofit 

12 community institutions; 

13 (4) to provide equal access to workforce devel14 opment programs, including by ensuring that such 

15 programs meet the demand and unique language, 

16 training, and educational needs of immigrants and 

17 refugees; 

18 (5) to oversee and coordinate the efforts of 

19 Federal, State, and local entities to ensure the effec20 tive social, economic, linguistic, and civic integration 

21 of immigrants, refugees and their children; 

22 (6) to provide advice and leadership to the 

23 President, Members of Congress, and other Federal 

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1 nities facing such entities with respect to immigrant 

2 and refugee integration; 

3 (7) to cooperate closely with the Office of Man4 agement and Budget and other relevant Federal 

5 agencies to analyze the impact of immigrant and ref6 ugee integration policies on the Federal budget; 

7 (8) to evaluate the scale, quality, and effective8 ness of Federal Government efforts concerning im9 migrant and refugee social and economic integration, 

10 including access to United States citizenship, 

11 English language learning, and workforce develop12 ment programs; 

13 (9) to identify the anticipated effects of new 

14 Federal policies on existing integration efforts and 

15 advise the President on how to address potential in16 tegration needs or the impacts of such policies; 

17 (10) to consult on a biannual basis with State 

18 and local government officials on the immigrant and 

19 refugee integration challenges and opportunities fac20 ing States and units of local government; and 

21 (11) to submit to the President and the Com22 mittee on the Judiciary of the Senate and the Com23 mittee on the Judiciary of the House of Representa24 tives a biannual report that describes the activities 


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1 of the Office and the results of the consultation 

2 process required under paragraph (10). 

3 (c) DIRECTOR.— 

4 (1) IN GENERAL.—The Office shall be headed 

5 by a Director of the National Office of New Ameri6 cans, who shall be appointed by the President, by 

7 and with the advice and consent of the Senate. 

8 (2) DUTIES.—The Director shall— 

9 (A) establish Office policies, objectives, and 

10 priorities with respect to immigrant and refugee 

11 integration; 

12 (B) with the assistance of the Deputy Di13 rector for Citizenship and Inclusion, the Deputy 

14 Director for Workforce and Economy, and the 

15 Associate Director, carry out the purposes of 

16 the Office; 

17 (C) make recommendations to the Presi18 dent regarding changes in the organization, 

19 management, programs, and budget of the Fed20 eral Government necessary to promote the inte21 gration of immigrants and refugees; 

22 (D) consult, support, and coordinate with 

23 State and local government efforts to promote 

24 United States citizenship and integration of im25 migrants and refugees; and 


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1 (E) serve as a member of the Domestic 

2 Policy Council and the National Economic 

3 Council. 

4 (3) POWERS.—In carrying out the duties de5 scribed in paragraph (2) and the purposes of the Of6 fice, the Director may— 

7 (A) select, appoint, employ, and fix com8 pensation of such officers and employees as 

9 may be necessary; 

10 (B) with the concurrence of the head of 

11 the applicable Federal agency, direct the tem12 porary reassignment within the Federal Govern13 ment of personnel employed by the Federal 

14 agency; 

15 (C) use for administrative purposes, on a 

16 reimbursable basis, the available service, equip17 ment, personnel, and facilities of Federal, State, 

18 and local agencies; 

19 (D) procure the services of experts and 

20 consultants in accordance with section 3109 of 

21 title 5, United States Code, relating to appoint22 ments in the Federal service, at rates of com23 pensation for individuals not to exceed the daily 

24 equivalent of the rate of pay payable for GS– 


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1 18 of the General Schedule under section 5332 

2 of title 5, United States Code; 

3 (E) accept and use donations of property 

4 from Federal, State, and local government 

5 agencies; 

6 (F) use the mail in the same manner as 

7 other Federal agencies; and 

8 (G) monitor the implementation of the im9 migrant and refugee integration-related activi10 ties of the Federal Government, including— 

11 (i) conducting program and perform12 ance audits and evaluations; and 

13 (ii) requesting assistance from the In14 spector General of relevant Federal agen15 cies in such audits and evaluations. 

16 (d) DEPUTY DIRECTORS.— 

17 (1) IN GENERAL.—There shall be in the Office 

18 a Deputy Director for Citizenship and Inclusion and 

19 a Deputy Director for Workforce and Economy, each 

20 of whom shall be appointed by the President, in con21 sultation with the Director. 

22 (2) DUTIES.— 

23 (A) DEPUTY DIRECTOR FOR CITIZENSHIP

24 AND INCLUSION.—The Deputy Director for 

25 Citizenship and Inclusion shall, among other 


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1 duties as assigned by the Director, assist the 

2 Director to promote access to United States 

3 citizenship and inclusion of immigrants and ref4 ugees in the social, economic, and civic life of 

5 their communities and the United States. 

6 (B) DEPUTY DIRECTOR FOR WORKFORCE

7 AND ECONOMY.—The Deputy Director for 

8 Workforce and Economy shall, among other du9 ties as assigned by the Director, assist the Di10 rector to promote the participation of immi11 grants and refugees in the United States work12 force and increase the contributions of immi13 grants and refugees to the United States econ14 omy. 

15 (e) BUREAU OF STATE AND LOCAL AFFAIRS.— 

16 (1) ESTABLISHMENT.—There is established 

17 within the Office a Bureau of State and Local Af18 fairs. 

19 (2) ASSOCIATE DIRECTOR.— 

20 (A) IN GENERAL.—The Bureau of State 

21 and Local Affairs shall be headed by an Asso22 ciate Director of State and Local Affairs, who 

23 shall be appointed by the Director. 

24 (B) RESPONSIBILITIES.—The Associate 

25 Director shall, among other duties as assigned 


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1 by the Director, assist the Director in coordi2 nating the efforts of State and local entities to 

3 support the economic, linguistic, and civic inte4 gration of immigrants, refugees and their chil5 dren. 

6 (f) ACCESS BY CONGRESS.—The establishment of the 

7 Office for New Americans within the Executive Office of 

8 the President shall not be construed as affecting access 

9 by any Member of Congress or any committee of the Sen10 ate or the House of Representatives to— 

11 (1) any information, document, or study in the 

12 possession of, or conducted by or at the direction of, 

13 the Director; or 

14 (2) personnel of the Office. 

15 (g) LIMITATION.—An individual may not serve as Di16 rector, Deputy Director for Citizenship and Inclusion, 

17 Deputy Director for Workforce and the Economy, or Asso18 ciate Director while serving in any other position in the 

19 Federal Government. 

20 (h) DEFINITIONS.—In this section: 

21 (1) ASSOCIATE DIRECTOR.—The term ‘‘Asso22 ciate Director’’ means the Associate Director of 

23 State and Local Affairs appointed under subsection 

24 (e)(2). 


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1 (2) DIRECTOR.—The term ‘‘Director’’ means 

2 the Director of the National Office of New Ameri3 cans. 

4 (3) FEDERAL AGENCY.—The term ‘‘Federal 

5 agency’’ has the meaning given the term ‘‘agency’’ 

6 in section 551 of title 5, United States Code. 

7 (4) OFFICE.—The term ‘‘Office’’ means the 

8 National Office for New Americans established 

9 under subsection (a). 

10 TITLE III—BUILDING 

11 COMMUNITY TRUST 

12 SEC. 301. PROTECTING ALIENS WHO ARE VICTIMS OF OR 

13 WITNESSES TO CRIMES OR ARE DEFENDING 

14 CIVIL RIGHTS. 

15 (a) IN GENERAL.—The Director of U.S. Immigration 

16 and Customs Enforcement shall ensure, except as provided 

17 in subsection (b), that removal proceedings are not initi18 ated against any alien who is known to be— 

19 (1) a victim of domestic violence, human traf20 ficking, or any other serious crime; 

21 (2) a witness involved in a pending criminal in22 vestigation or prosecution; 

23 (3) a plaintiff in a nonfrivolous lawsuit regard24 ing violations of his or her civil rights, including 

25 with respect to union organizing and employment 


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1 discrimination, as described in the memorandum of 

2 the U.S. Immigration and Customs Enforcement en3 titled ‘‘Prosecutorial Discretion: Certain Victims, 

4 Witnesses, and Plaintiffs’’ issued on June 17, 2011; 

5 or 

6 (4) actively engaged in an activity related to the 

7 preservation of his or her employment, housing, or 

8 other legally protected rights. 

9 (b) EXCEPTIONS.— 

10 (1) IN GENERAL.—Notwithstanding subsection 

11 (a), an alien described in such subsection may be 

12 subject to removal proceedings if the Secretary of 

13 Homeland Security determines, on a case-by-case 

14 basis, that there is sufficient evidence to conclude 

15 that the alien— 

16 (A) has committed a serious crime; 

17 (B) poses a threat to public safety; 

18 (C) has engaged in serious violations of 

19 human rights; 

20 (D) has engaged in significant immigration 

21 fraud; or 

22 (E) has filed a claim in bad faith with in23 tent to delay or avoid the removal of an alien. 

24 (2) SAVINGS PROVISION.—Nothing in this sub25 section may be construed to deny any alien who has 


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1 been a victim of domestic violence, human traf2 ficking, or certain other crimes from receiving the 

3 immigration benefits to which he or she is entitled 

4 under the Violence Against Women Act of 1994 

5 (title IV of Public Law 103–322), the Trafficking 

6 Victims Protection Act of 2000 (22 U.S.C. 7101 et 

7 seq.), or any other applicable law. 

8 (c) EFFECT OF VIOLATION.—With respect to a re9 moval proceeding commenced as a result of an enforce10 ment action carried out in violation of subsection (a)— 

11 (1) information resulting from such enforce12 ment action may not be entered into the record of 

13 proceeding or received into evidence; 

14 (2) the alien who is the subject of the removal 

15 proceeding may file a motion for the immediate ter16 mination of the removal proceeding; and 

17 (3) in considering whether to administratively 

18 close the removal proceeding, the immigration judge 

19 shall give appropriate weight to the circumstances of 

20 such enforcement action. 

21 SEC. 302. SEMIANNUAL REPORT ON CERTAIN ENFORCE22 MENT ACTIONS. 

23 The Secretary of Homeland Security shall submit a 

24 semiannual report to the Committee on the Judiciary of 

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1 ate, the Committee on the Judiciary of the House of Rep2 resentatives, and the Committee on Appropriations of the 

3 House of Representatives that identifies, for the most re4 cent 180-day period for which such data is available, the 

5 number of arrests, detentions, and removals of aliens de6 scribed in section 302(a). 

7 SEC. 303. RULE OF CONSTRUCTION. 

8 Nothing in this Act or the amendments made by this 

9 Act shall be construed to modify— 

10 (1) the applicability of any ground of inadmis11 sibility or deportability relating to criminal convic12 tions; or 

13 (2) the eligibility criteria relating to criminal 

14 convictions for any application or form of relief 

15 under the immigration laws. 

Æ 


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