89–006 

116TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 116–98 

DREAM ACT OF 2019 

MAY 30, 2019.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. NADLER, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 2820] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 2820) to authorize the cancellation of removal and adjustment of status of certain individuals who are long-term United 

States residents and entered the United States as children, and for 

other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended 

do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 13 

Background and Need for the Legislation ............................................................. 14 

Hearings ................................................................................................................... 17 

Committee Consideration ........................................................................................ 17 

Committee Votes ...................................................................................................... 17 

Committee Oversight Findings ............................................................................... 40 

Committee Estimate of Budgetary Effects ............................................................ 40 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 40 

Congressional Budget Office Cost Estimate .......................................................... 40 

Duplication of Federal Programs ............................................................................ 43 

Performance Goals and Objectives ......................................................................... 43 

Advisory on Earmarks ............................................................................................. 43 

Section-by-Section Analysis .................................................................................... 43 

Dissenting Views ..................................................................................................... 50 

The amendment is as follows: 


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Strike all that follows after the enacting clause and insert the 

following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Dream Act of 2019’’. 

TITLE I—TREATMENT OF CERTAIN LONGTERM RESIDENTS WHO ENTERED THE 

UNITED STATES AS CHILDREN 

SEC. 101. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS FOR CERTAIN LONGTERM RESIDENTS WHO ENTERED THE UNITED STATES AS CHILDREN. 

(a) CONDITIONAL BASIS FOR STATUS.—Notwithstanding any other provision of law, 

and except as provided in section 103(c)(2), an alien shall be considered, at the time 

of obtaining the status of an alien lawfully admitted for permanent residence under 

this section, to have obtained such status on a conditional basis subject to the provisions of this Act. 

(b) REQUIREMENTS.— (1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary 

or the Attorney General shall cancel the removal of, and adjust to the status 

of an alien lawfully admitted for permanent residence on a conditional basis, 

or without the conditional basis as provided in section 103(c)(2), an alien who 

is inadmissible or deportable from the United States (or is under a grant of Deferred Enforced Departure or has temporary protected status under section 244 

of the Immigration and Nationality Act (8 U.S.C. 1254a)) if— 

(A) the alien has been continuously physically present in the United 

States since the date that is 4 years before the date of the enactment of 

this Act; 

(B) the alien was younger than 18 years of age on the date on which the 

alien entered the United States and has continuously resided in the United 

States since such entry; 

(C) the alien— 

(i) subject to section 203(d), is not inadmissible under paragraph (1), 

(6)(E), (6)(G), (8), or (10) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)); 

(ii) has not ordered, incited, assisted, or otherwise participated in the 

persecution of any person on account of race, religion, nationality, 

membership in a particular social group, or political opinion; and 

(iii) is not barred from adjustment of status under this Act based on 

the criminal and national security grounds described under subsection 

(c), subject to the provisions of such subsection; and 

(D) the alien— 

(i) has been admitted to an institution of higher education; 

(ii) has been admitted to an area career and technical education 

school at the postsecondary level; 

(iii) in the United States, has obtained— 

(I) a high school diploma or a commensurate alternative award 

from a public or private high school; 

(II) a General Education Development credential, a high school 

equivalency diploma recognized under State law, or another similar 

State-authorized credential; 

(III) a credential or certificate from an area career and technical 

education school at the secondary level; or 

(IV) a recognized postsecondary credential; or 

(iv) is enrolled in secondary school or in an education program assisting students in— 

(I) obtaining a high school diploma or its recognized equivalent 

under State law; 

(II) passing the General Education Development test, a high 

school equivalence diploma examination, or other similar State-authorized exam; 

(III) obtaining a certificate or credential from an area career and 

technical education school providing education at the secondary 

level; or 

(IV) obtaining a recognized postsecondary credential. 

(2) APPLICATION FEE.— 


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(A) IN GENERAL.—The Secretary may, subject to an exemption under section 203(c), require an alien applying under this section to pay a reasonable 

fee that is commensurate with the cost of processing the application but 

does not exceed $495.00. 

(B) SPECIAL PROCEDURE FOR APPLICANTS WITH DACA.—The Secretary shall 

establish a streamlined procedure for aliens who have been granted DACA 

and who meet the requirements for renewal (under the terms of the program in effect on January 1, 2017) to apply for cancellation of removal and 

adjustment of status to that of an alien lawfully admitted for permanent 

residence on a conditional basis under this section, or without the conditional basis as provided in section 103(c)(2). Such procedure shall not include a requirement that the applicant pay a fee, except that the Secretary 

may require an applicant who meets the requirements for lawful permanent 

residence without the conditional basis under section 103(c)(2) to pay a fee 

that is commensurate with the cost of processing the application, subject to 

the exemption under section 203(c). 

(3) BACKGROUND CHECKS.—The Secretary may not grant an alien permanent 

resident status on a conditional basis under this section until the requirements 

of section 202 are satisfied. 

(4) MILITARY SELECTIVE SERVICE.—An alien applying for permanent resident 

status on a conditional basis under this section, or without the conditional basis 

as provided in section 103(c)(2), 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. 

(c) CRIMINAL AND NATIONAL SECURITY BARS.— 

(1) GROUNDS OF INELIGIBILITY.—Except as provided in paragraph (2), an alien 

is ineligible for adjustment of status under this Act (whether on a conditional 

basis or without the conditional basis as provided in section 103(c)(2)) if any of 

the following apply: 

(A) The alien is inadmissible under paragraph (2) or (3) of section 212(a) 

of the Immigration and Nationality Act (8 U.S.C. 1182(a)). 

(B) Excluding any offense under State law for which an essential element 

is the alien’s immigration status, and any minor traffic offense, the alien 

has been convicted of— 

(i) any felony offense; 

(ii) 3 or more misdemeanor offenses (excluding simple possession of 

cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered, and any offense 

involving civil disobedience without violence) not occurring on the same 

date, and not arising out of the same act, omission, or scheme of misconduct; or 

(iii) a misdemeanor offense of domestic violence, unless the alien 

demonstrates that such crime is related to the alien having been— 

(I) a victim of domestic violence, sexual assault, stalking, child 

abuse or neglect, abuse or neglect in later life, or human trafficking; 

(II) battered or subjected to extreme cruelty; or 

(III) a victim of criminal activity described in section 

101(a)(15)(U)(iii) of the Immigration and Nationality Act (8 U.S.C. 

1101(a)(15)(U)(iii)). 

(2) WAIVERS FOR CERTAIN MISDEMEANORS.—For humanitarian purposes, family unity, or if otherwise in the public interest, the Secretary may— 

(A) waive the grounds of inadmissibility under subparagraphs (A), (C), 

and (D) of section 212(a)(2) of the Immigration and Nationality Act (8 

U.S.C. 1182(a)(2)), unless the conviction forming the basis for inadmissibility would otherwise render the alien ineligible under paragraph (1)(B) 

(subject to subparagraph (B)); and 

(B) for purposes of clauses (ii) and (iii) of paragraph (1)(B), waive consideration of— 

(i) one misdemeanor offense if the alien has not been convicted of any 

offense in the 5-year period preceding the date on which the alien applies for adjustment of status under this Act; or 

(ii) up to two misdemeanor offenses if the alien has not been convicted of any offense in the 10-year period preceding the date on which 

the alien applies for adjustment of status under this Act. 

(3) AUTHORITY TO CONDUCT SECONDARY REVIEW.— 

(A) IN GENERAL.—Notwithstanding an alien’s eligibility for adjustment of 

status under this Act, and subject to the procedures described in this paraVerDate Sep 11 2014 06:56 May 31, 2019 Jkt 089006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6621 E:\HR\OC\HR098.XXX HR098

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graph, the Secretary of Homeland Security may, as a matter of non-delegable discretion, provisionally deny an application for adjustment of status 

(whether on a conditional basis or without the conditional basis as provided 

in section 103(c)(2)) if the Secretary, based on clear and convincing evidence, which shall include credible law enforcement information, determines that the alien is described in subparagraph (B) or (D). 

(B) PUBLIC SAFETY.—An alien is described in this subparagraph if— 

(i) excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the 

conviction was entered, any offense under State law for which an essential element is the alien’s immigration status, any offense involving 

civil disobedience without violence, and any minor traffic offense, the 

alien— 

(I) has been convicted of a misdemeanor offense punishable by a 

term of imprisonment of more than 30 days; or 

(II) has been adjudicated delinquent in a State or local juvenile 

court proceeding that resulted in a disposition ordering placement 

in a secure facility; and 

(ii) the alien poses a significant and continuing threat to public safety 

related to such conviction or adjudication. 

(C) PUBLIC SAFETY DETERMINATION.—For purposes of subparagraph 

(B)(ii), the Secretary shall consider the recency of the conviction or adjudication; the length of any imposed sentence or placement; the nature and 

seriousness of the conviction or adjudication, including whether the elements of the offense include the unlawful possession or use of a deadly 

weapon to commit an offense or other conduct intended to cause serious 

bodily injury; and any mitigating factors pertaining to the alien’s role in the 

commission of the offense. 

(D) GANG PARTICIPATION.—An alien is described in this subparagraph if 

the alien has, within the 5 years immediately preceding the date of the application, knowingly, willfully, and voluntarily participated in offenses committed by a criminal street gang (as described in subsections (a) and (c) of 

section 521 of title 18, United States Code) with the intent to promote or 

further the commission of such offenses. 

(E) EVIDENTIARY LIMITATION.—For purposes of subparagraph (D), allegations of gang membership obtained from a State or Federal in-house or local 

database, or a network of databases used for the purpose of recording and 

sharing activities of alleged gang members across law enforcement agencies, shall not establish the participation described in such paragraph. 

(F) NOTICE.— 

(i) IN GENERAL.—Prior to rendering a discretionary decision under 

this paragraph, the Secretary of Homeland Security shall provide written notice of the intent to provisionally deny the application to the 

alien (or the alien’s counsel of record, if any) by certified mail and, if 

an electronic mail address is provided, by electronic mail (or other form 

of electronic communication). Such notice shall— 

(I) articulate with specificity all grounds for the preliminary determination, including the evidence relied upon to support the determination; and 

(II) provide the alien with not less than 90 days to respond. 

(ii) SECOND NOTICE.—Not more than 30 days after the issuance of the 

notice under clause (i), the Secretary of Homeland Security shall provide a second written notice that meets the requirements of such 

clause. 

(iii) NOTICE NOT RECEIVED.—Notwithstanding any other provision of 

law, if an applicant provides good cause for not contesting a provisional 

denial under this paragraph, including a failure to receive notice as required under this subparagraph, the Secretary of Homeland Security 

shall, upon a motion filed by the alien, reopen an application for adjustment of status under this Act and allow the applicant an opportunity 

to respond, consistent with clause (i)(II). 

(G) JUDICIAL REVIEW.—An alien is entitled to judicial review of the Secretary’s decision to provisionally deny an application under this paragraph 

in accordance with the procedures described in section 206(c). 

(4) DEFINITIONS.—For purposes of this subsection— 

(A) the term ‘‘felony offense’’ means an offense under Federal or State law 

that is punishable by a maximum term of imprisonment of more than 1 

year; 


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(B) the term ‘‘misdemeanor offense’’ means an offense under Federal or 

State law that is punishable by a term of imprisonment of more than 5 

days but not more than 1 year; 

(C) the term ‘‘crime of domestic violence’’ means any offense that has as 

an element the use, attempted use, or threatened use of physical force 

against a person committed by a current or former spouse of the person, 

by an individual with whom the person shares a child in common, by an 

individual who is cohabiting with or has cohabited with the person as a 

spouse, by an individual similarly situated to a spouse of the person under 

the domestic or family violence laws of the jurisdiction where the offense 

occurs, or by any other individual against a person who is protected from 

that individual’s acts under the domestic or family violence laws of the 

United States or any State, Indian tribal government, or unit of local government; and 

(D) the term ‘‘convicted’’ or ‘‘conviction’’ does not include a judgment that 

has been expunged or set aside, that resulted in a rehabilitative disposition, 

or the equivalent. 

(d) LIMITATION ON REMOVAL OF CERTAIN ALIEN MINORS.—An alien who is under 

18 years of age and meets the requirements under subparagraphs (A), (B), and (C) 

of subsection (b)(1) shall be provided a reasonable opportunity to meet the educational requirements under subparagraph (D) of such subsection. The Attorney 

General or the Secretary may not commence or continue with removal proceedings 

against such an alien. 

(e) WITHDRAWAL OF APPLICATION.—The Secretary of Homeland Security shall, 

upon receipt of a request to withdraw an application for adjustment of status under 

this section, cease processing of the application, and close the case. Withdrawal of 

the application under this subsection shall not prejudice any future application filed 

by the applicant for any immigration benefit under this Act or under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). 

SEC. 102. TERMS OF PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS. 

(a) PERIOD OF STATUS.—Permanent resident status on a conditional basis is— 

(1) valid for a period of 10 years, unless such period is extended by the Secretary; and 

(2) subject to revocation under subsection (c). 

(b) NOTICE OF REQUIREMENTS.—At the time an alien obtains permanent resident 

status on a conditional basis, the Secretary shall provide notice to the alien regarding the provisions of this Act and the requirements to have the conditional basis 

of such status removed. 

(c) REVOCATION OF STATUS.—The Secretary may revoke the permanent resident 

status on a conditional basis of an alien only if the Secretary— 

(1) determines that the alien ceases to meet the requirements under section 

101(b)(1)(C); and 

(2) prior to the revocation, provides the alien— 

(A) notice of the proposed revocation; and 

(B) the opportunity for a hearing to provide evidence that the alien meets 

such requirements or otherwise to contest the proposed revocation. 

(d) RETURN TO PREVIOUS IMMIGRATION STATUS.—An alien whose permanent resident status on a conditional basis expires under subsection (a)(1) or is revoked 

under subsection (c), shall return to the immigration status that the alien had immediately before receiving permanent resident status on a conditional basis. 

SEC. 103. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT STATUS. 

(a) ELIGIBILITY FOR REMOVAL OF CONDITIONAL BASIS.— 

(1) IN GENERAL.—Subject to paragraph (2), the Secretary shall remove the 

conditional basis of an alien’s permanent resident status granted under this Act 

and grant the alien status as an alien lawfully admitted for permanent residence if the alien— 

(A) is described in section 101(b)(1)(C); 

(B) has not abandoned the alien’s residence in the United States during 

the period in which the alien has permanent resident status on a conditional basis; and 

(C)(i) has obtained a degree from an institution of higher education, or 

has completed at least 2 years, in good standing, of a program in the 

United States leading to a bachelor’s degree or higher degree or a recognized postsecondary credential from an area career and technical education 

school providing education at the postsecondary level; 

(ii) has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge; or 


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(iii) demonstrates earned income for periods totaling at least 3 years and 

at least 75 percent of the time that the alien has had a valid employment 

authorization, except that, in the case of an alien who was enrolled in an 

institution of higher education, an area career and technical education 

school to obtain a recognized postsecondary credential, or an education program described in section 101(b)(1)(D)(iii), the Secretary shall reduce such 

total 3-year requirement by the total of such periods of enrollment. 

(2) HARDSHIP EXCEPTION.—The Secretary shall remove the conditional basis 

of an alien’s permanent resident status and grant the alien status as an alien 

lawfully admitted for permanent residence if the alien— 

(A) satisfies the requirements under subparagraphs (A) and (B) of paragraph (1); 

(B) demonstrates compelling circumstances for the inability to satisfy the 

requirements under subparagraph (C) of such paragraph; and 

(C) demonstrates that— 

(i) the alien has a disability; 

(ii) the alien is a full-time caregiver; or 

(iii) the removal of the alien from the United States would result in 

hardship to the alien or the alien’s spouse, parent, or child who is a 

national of the United States or is lawfully admitted for permanent residence. 

(3) CITIZENSHIP REQUIREMENT.— 

(A) IN GENERAL.—Except as provided in subparagraph (B), the conditional 

basis of an alien’s permanent resident status granted under this Act may 

not be removed unless the alien demonstrates that the alien satisfies the 

requirements under section 312(a) of the Immigration and Nationality Act 

(8 U.S.C. 1423(a)). 

(B) EXCEPTION.—Subparagraph (A) shall not apply to an alien who is unable to meet the requirements under such section 312(a) due to disability. 

(4) APPLICATION FEE.—The Secretary may, subject to an exemption under section 203(c), require aliens applying for removal of the conditional basis of an 

alien’s permanent resident status under this section to pay a reasonable fee 

that is commensurate with the cost of processing the application. 

(5) BACKGROUND CHECK.—The Secretary may not remove the conditional 

basis of an alien’s permanent resident status until the requirements of section 

202 are satisfied. 

(b) TREATMENT FOR PURPOSES OF NATURALIZATION.— 

(1) IN GENERAL.—For purposes of title III of the Immigration and Nationality 

Act (8 U.S.C. 1401 et seq.), an alien granted permanent resident status on a 

conditional basis shall be considered to have been admitted to the United 

States, and be present in the United States, as an alien lawfully admitted for 

permanent residence. 

(2) LIMITATION ON APPLICATION FOR NATURALIZATION.—An alien may not 

apply for naturalization while the alien is in permanent resident status on a 

conditional basis. 

(c) TIMING OF APPROVAL OF LAWFUL PERMANENT RESIDENT STATUS.— 

(1) IN GENERAL.—An alien granted permanent resident status on a conditional 

basis under this Act may apply to have such conditional basis removed at any 

time after such alien has met the eligibility requirements set forth in subsection 

(a). 

(2) APPROVAL WITH REGARD TO INITIAL APPLICATIONS.— 

(A) IN GENERAL.—Notwithstanding any other provision of law, the Secretary or the Attorney General shall cancel the removal of, and adjust to 

the status of an alien lawfully admitted for permanent resident status without conditional basis, any alien who— 

(i) demonstrates eligibility for lawful permanent residence status on 

a conditional basis under section 101(b); and 

(ii) subject to the exceptions described in subsections (a)(2) and 

(a)(3)(B) of this section, already has fulfilled the requirements of paragraphs (1) and (3) of subsection (a) of this section at the time such alien 

first submits an application for benefits under this Act. 

(B) BACKGROUND CHECKS.—Subsection (a)(5) shall apply to an alien seeking lawful permanent resident status without conditional basis in an initial 

application in the same manner as it applies to an alien seeking removal 

of the conditional basis of an alien’s permanent resident status. Section 

101(b)(3) shall not be construed to require the Secretary to conduct more 

than one identical security or law enforcement background check on such 

an alien. 


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(C) APPLICATION FEES.—In the case of an alien seeking lawful permanent 

resident status without conditional basis in an initial application, the alien 

shall pay the fee required under subsection (a)(4), subject to the exemption 

allowed under section 203(c), but shall not be required to pay the application fee under section 101(b)(2). 

TITLE II—GENERAL PROVISIONS 

SEC. 201. DEFINITIONS. 

In this Act: 

(1) IN GENERAL.—Except as otherwise specifically provided, any term used in 

this Act that is used in the immigration laws shall have the meaning given such 

term in the immigration laws. 

(2) APPROPRIATE UNITED STATES DISTRICT COURT.—The term ‘‘appropriate 

United States district court’’ mean the United States District Court for the District of Columbia or the United States district court with jurisdiction over the 

alien’s principal place of residence. 

(3) AREA CAREER AND TECHNICAL EDUCATION SCHOOL.—The term ‘‘area career 

and technical education school’’ has the meaning given such term in section 3 

of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 

2302). 

(4) DACA.—The term ‘‘DACA’’ means deferred action granted to an alien pursuant to the Deferred Action for Childhood Arrivals policy announced by the 

Secretary of Homeland Security on June 15, 2012. 

(5) 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)). 

(6) FEDERAL POVERTY LINE.—The term ‘‘Federal poverty line’’ has the meaning 

given such term in section 213A(h) of the Immigration and Nationality Act (8 

U.S.C. 1183a). 

(7) HIGH SCHOOL; SECONDARY SCHOOL.—The terms ‘‘high school’’ and ‘‘secondary school’’ have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). 

(8) IMMIGRATION LAWS.—The term ‘‘immigration laws’’ has the meaning given 

such term in section 101(a)(17) of the Immigration and Nationality Act (8 

U.S.C. 1101(a)(17)). 

(9) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’— 

(A) except as provided in subparagraph (B), has the meaning given such 

term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); 

and 

(B) does not include an institution of higher education outside of the 

United States. 

(10) RECOGNIZED POSTSECONDARY CREDENTIAL.—The term ‘‘recognized postsecondary credential’’ has the meaning given such term in section 3 of the 

Workforce Innovation and Opportunity Act (29 U.S.C. 3102). 

(11) SECRETARY.—Except as otherwise specifically provided, the term ‘‘Secretary’’ means the Secretary of Homeland Security. 

(12) UNIFORMED SERVICES.—The term ‘‘Uniformed Services’’ has the meaning 

given the term ‘‘uniformed services’’ in section 101(a) of title 10, United States 

Code. 

SEC. 202. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA; BACKGROUND CHECKS. 

(a) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA.—The Secretary may not 

grant an alien adjustment of status under this Act, on either a conditional or permanent basis, 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. 

(b) BACKGROUND CHECKS.—The Secretary shall use biometric, biographic, and 

other data that the Secretary determines appropriate to conduct security and law 

enforcement background checks and to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for adjustment 

of status under this Act, on either a conditional or permanent basis. The status of 

an alien may not be adjusted, on either a conditional or permanent basis, unless 

security and law enforcement background checks are completed to the satisfaction 

of the Secretary. 


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SEC. 203. LIMITATION ON REMOVAL; APPLICATION AND FEE EXEMPTION; WAIVER OF 

GROUNDS FOR INADMISSIBILITY AND OTHER CONDITIONS ON ELIGIBLE INDIVIDUALS. 

(a) LIMITATION ON REMOVAL.—An alien who appears to be prima facie eligible for 

relief under this Act shall be given a reasonable opportunity to apply for such relief 

and may not be removed until, subject to section 206(c), a final decision establishing 

ineligibility for relief is rendered. 

(b) APPLICATION.—An alien present in the United States who has been ordered 

removed or has been permitted to depart voluntarily from the United States may, 

notwithstanding such order or permission to depart, apply for adjustment of status 

under this Act. Such alien shall not be required to file a separate motion to reopen, 

reconsider, or vacate the order of removal. If the Secretary approves the application, 

the Secretary shall cancel the order of removal. If the Secretary renders a final administrative decision to deny the application, the order of removal or permission to 

depart shall be effective and enforceable to the same extent as if the application had 

not been made, only after all available administrative and judicial remedies have 

been exhausted. 

(c) FEE EXEMPTION.—An applicant may be exempted from paying an application 

fee required under this Act if the applicant— 

(1) is younger than 18 years of age; 

(2) received total income, during the 12-month period immediately preceding 

the date on which the applicant files an application under this Act, that is less 

than 150 percent of the Federal poverty line; 

(3) is in foster care or otherwise lacks any parental or other familial support; 

or 

(4) cannot care for himself or herself because of a serious, chronic disability. 

(d) WAIVER OF GROUNDS OF INADMISSIBILITY.—With respect to any benefit under 

this Act, and in addition to the waivers under section 101(c)(2), the Secretary may 

waive the grounds of inadmissibility under paragraph (1), (6)(E), (6)(G), or (10)(D) 

of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) for humanitarian purposes, for family unity, or because the waiver is otherwise in the 

public interest. 

(e) ADVANCE PAROLE.—During the period beginning on the date on which an alien 

applies for adjustment of status under this Act and ending on the date on which 

the Secretary makes a final decision regarding such application, the alien shall be 

eligible to apply for advance parole. Section 101(g) of the Immigration and Nationality Act (8 U.S.C. 1101(g)) shall not apply to an alien granted advance parole under 

this section. 

(f) EMPLOYMENT.—An alien whose removal is stayed pursuant to this Act, who 

may not be placed in removal proceedings pursuant to this Act, or who has pending 

an application under this Act, shall, upon application to the Secretary, be granted 

an employment authorization document. 

SEC. 204. DETERMINATION OF CONTINUOUS PRESENCE AND RESIDENCE. 

(a) EFFECT OF NOTICE TO APPEAR.—Any period of continuous physical presence or 

continuous residence in the United States of an alien who applies for permanent 

resident status under this Act (whether on a conditional basis or without the conditional basis as provided in section 103(c)(2)) shall not terminate when the alien is 

served a notice to appear under section 239(a) of the Immigration and Nationality 

Act (8 U.S.C. 1229(a)). 

(b) TREATMENT OF CERTAIN BREAKS IN PRESENCE OR RESIDENCE.— 

(1) IN GENERAL.—Except as provided in paragraphs (2) and (3), an alien shall 

be considered to have failed to maintain— 

(A) continuous physical presence in the United States under this Act if 

the alien has departed from the United States for any period exceeding 90 

days or for any periods, in the aggregate, exceeding 180 days; and 

(B) continuous residence in the United States under this Act if the alien 

has departed from the United States for any period exceeding 180 days, unless the alien establishes to the satisfaction of the Secretary of Homeland 

Security that the alien did not in fact abandon residence in the United 

States during such period. 

(2) EXTENSIONS FOR EXTENUATING CIRCUMSTANCES.—The Secretary may extend the time periods described in paragraph (1) for an alien who demonstrates 

that the failure to timely return to the United States was due to extenuating 

circumstances beyond the alien’s control, including the serious illness of the 

alien, or death or serious illness of a parent, grandparent, sibling, or child of 

the alien. 

(3) TRAVEL AUTHORIZED BY THE SECRETARY.—Any period of travel outside of 

the United States by an alien that was authorized by the Secretary may not 


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be counted toward any period of departure from the United States under paragraph (1). 

(c) WAIVER OF PHYSICAL PRESENCE.—With respect to aliens who were removed or 

departed the United States on or after January 20, 2017, and who were continuously physically present in the United States for at least 4 years prior to such removal or departure, the Secretary may, as a matter of discretion, waive the physical 

presence requirement under section 101(b)(1)(A) for humanitarian purposes, for 

family unity, or because a waiver is otherwise in the public interest. The Secretary, 

in consultation with the Secretary of State, shall establish a procedure for such 

aliens to apply for relief under section 101 from outside the United States if they 

would have been eligible for relief under such section, but for their removal or departure. 

SEC. 205. EXEMPTION FROM NUMERICAL LIMITATIONS. 

Nothing in this Act or in any other law may be construed to apply a numerical 

limitation on the number of aliens who may be granted permanent resident status 

under this Act (whether on a conditional basis, or without the conditional basis as 

provided in section 103(c)(2)). 

SEC. 206. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL REVIEW. 

(a) ADMINISTRATIVE REVIEW.—Not later than 30 days after the date of the enactment of this Act, the Secretary shall provide to aliens who have applied for adjustment of status under this Act a process by which an applicant may seek administrative appellate review of a denial of an application for adjustment of status, or a revocation of such status. 

(b) JUDICIAL REVIEW.—Except as provided in subsection (c), and notwithstanding 

any other provision of law, an alien may seek judicial review of a denial of an application for adjustment of status, or a revocation of such status, under this Act in an 

appropriate United States district court. 

(c) JUDICIAL REVIEW OF A PROVISIONAL DENIAL.— 

(1) IN GENERAL.—Notwithstanding any other provision of law, if, after notice 

and the opportunity to respond under section 101(c)(3)(E), the Secretary provisionally denies an application for adjustment of status under this Act, the alien 

shall have 60 days from the date of the Secretary’s determination to seek review 

of such determination in an appropriate United States district court. 

(2) SCOPE OF REVIEW AND DECISION.—Notwithstanding any other provision of 

law, review under paragraph (1) shall be de novo and based solely on the administrative record, except that the applicant shall be given the opportunity to 

supplement the administrative record and the Secretary shall be given the opportunity to rebut the evidence and arguments raised in such submission. Upon 

issuing its decision, the court shall remand the matter, with appropriate instructions, to the Department of Homeland Security to render a final decision 

on the application. 

(3) APPOINTED COUNSEL.—Notwithstanding any other provision of law, an applicant seeking judicial review under paragraph (1) shall be represented by 

counsel. Upon the request of the applicant, counsel shall be appointed for the 

applicant, in accordance with procedures to be established by the Attorney General within 90 days of the date of the enactment of this Act, and shall be funded 

in accordance with fees collected and deposited in the Immigration Counsel Account under section 212. 

(d) STAY OF REMOVAL.— 

(1) IN GENERAL.—Except as provided in paragraph (2), an alien seeking administrative or judicial review under this Act may not be removed from the 

United States until a final decision is rendered establishing that the alien is 

ineligible for adjustment of status under this Act. 

(2) EXCEPTION.—The Secretary may remove an alien described in paragraph 

(1) pending judicial review if such removal is based on criminal or national security grounds described in this Act. Such removal shall not affect the alien’s 

right to judicial review under this Act. The Secretary shall promptly return a 

removed alien if a decision to deny an application for adjustment of status 

under this Act, or to revoke such status, is reversed. 

SEC. 207. DOCUMENTATION REQUIREMENTS. 

(a) DOCUMENTS ESTABLISHING IDENTITY.—An alien’s application for permanent 

resident status under this Act (whether on a conditional basis, or without the conditional basis as provided in section 103(c)(2)) may include, as evidence of identity, 

the following: 

(1) A passport or national identity document from the alien’s country of origin 

that includes the alien’s name and the alien’s photograph or fingerprint. 


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(2) The alien’s birth certificate and an identity card that includes the alien’s 

name and photograph. 

(3) A school identification card that includes the alien’s name and photograph, 

and school records showing the alien’s name and that the alien is or was enrolled at the school. 

(4) A Uniformed Services identification card issued by the Department of Defense. 

(5) Any immigration or other document issued by the United States Government bearing the alien’s name and photograph. 

(6) A State-issued identification card bearing the alien’s name and photograph. 

(7) Any other evidence determined to be credible by the Secretary. 

(b) DOCUMENTS ESTABLISHING ENTRY, CONTINUOUS PHYSICAL PRESENCE, LACK OF

ABANDONMENT OF RESIDENCE.—To establish that an alien was younger than 18 

years of age on the date on which the alien entered the United States, and has continuously resided in the United States since such entry, as required under section 

101(b)(1)(B), that an alien has been continuously physically present in the United 

States, as required under section 101(b)(1)(A), or that an alien has not abandoned 

residence in the United States, as required under section 103(a)(1)(B), the alien may 

submit the following forms of evidence: 

(1) Passport entries, including admission stamps on the alien’s passport. 

(2) Any document from the Department of Justice or the Department of 

Homeland Security noting the alien’s date of entry into the United States. 

(3) Records from any educational institution the alien has attended in the 

United States. 

(4) Employment records of the alien that include the employer’s name and 

contact information, or other records demonstrating earned income. 

(5) Records of service from the Uniformed Services. 

(6) Official records from a religious entity confirming the alien’s participation 

in a religious ceremony. 

(7) A birth certificate for a child who was born in the United States. 

(8) Hospital or medical records showing medical treatment or hospitalization, 

the name of the medical facility or physician, and the date of the treatment or 

hospitalization. 

(9) Automobile license receipts or registration. 

(10) Deeds, mortgages, or rental agreement contracts. 

(11) Rent receipts or utility bills bearing the alien’s name or the name of an 

immediate family member of the alien, and the alien’s address. 

(12) Tax receipts. 

(13) Insurance policies. 

(14) Remittance records, including copies of money order receipts sent in or 

out of the country. 

(15) Travel records. 

(16) Dated bank transactions. 

(17) Two or more sworn affidavits from individuals who are not related to the 

alien who have direct knowledge of the alien’s continuous physical presence in 

the United States, that contain— 

(A) the name, address, and telephone number of the affiant; and 

(B) the nature and duration of the relationship between the affiant and 

the alien. 

(18) Any other evidence determined to be credible by the Secretary. 

(c) DOCUMENTS ESTABLISHING ADMISSION TO AN INSTITUTION OF HIGHER EDUCATION.—To establish that an alien has been admitted to an institution of higher 

education, the alien may submit to the Secretary a document from the institution 

of higher education certifying that the alien— 

(1) has been admitted to the institution; or 

(2) is currently enrolled in the institution as a student. 

(d) DOCUMENTS ESTABLISHING RECEIPT OF A DEGREE FROM AN INSTITUTION OF

HIGHER EDUCATION.—To establish that an alien has acquired a degree from an institution of higher education in the United States, the alien may submit to the Secretary a diploma or other document from the institution stating that the alien has 

received such a degree. 

(e) DOCUMENTS ESTABLISHING RECEIPT OF A HIGH SCHOOL DIPLOMA, GENERAL

EDUCATIONAL DEVELOPMENT CREDENTIAL, OR A RECOGNIZED EQUIVALENT.—To establish that in the United States an alien has earned a high school diploma or a 

commensurate alternative award from a public or private high school, has obtained 

the General Education Development credential, or otherwise has satisfied section 

101(b)(1)(D)(iii), the alien may submit to the Secretary the following: 

(1) A high school diploma, certificate of completion, or other alternate award. 


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(2) A high school equivalency diploma or certificate recognized under State 

law. 

(3) Evidence that the alien passed a State-authorized exam, including the 

General Education Development test, in the United States. 

(4) Evidence that the alien successfully completed an area career and technical education program, such as a certification, certificate, or similar alternate 

award. 

(5) Evidence that the alien obtained a recognized postsecondary credential. 

(6) Any other evidence determined to be credible by the Secretary. 

(f) DOCUMENTS ESTABLISHING ENROLLMENT IN AN EDUCATIONAL PROGRAM.—To establish that an alien is enrolled in any school or education program described in section 101(b)(1)(D)(iv) or 103(a)(1)(C), the alien may submit school records from the 

United States school that the alien is currently attending that include— 

(1) the name of the school; and 

(2) the alien’s name, periods of attendance, and current grade or educational 

level. 

(g) DOCUMENTS ESTABLISHING EXEMPTION FROM APPLICATION FEES.—To establish 

that an alien is exempt from an application fee under section 203(c), the alien may 

submit to the Secretary the following relevant documents: 

(1) DOCUMENTS TO ESTABLISH AGE.—To establish that an alien meets an age 

requirement, the alien may provide proof of identity, as described in subsection 

(a), that establishes that the alien is younger than 18 years of age. 

(2) DOCUMENTS TO ESTABLISH INCOME.—To establish the alien’s income, the 

alien may provide— 

(A) employment records or other records of earned income, including 

records that have been maintained by the Social Security Administration, 

the Internal Revenue Service, or any other Federal, State, or local government agency; 

(B) bank records; or 

(C) at least 2 sworn affidavits from individuals who are not related to the 

alien and who have direct knowledge of the alien’s work and income that 

contain— 

(i) the name, address, and telephone number of the affiant; and 

(ii) the nature and duration of the relationship between the affiant 

and the alien. 

(3) DOCUMENTS TO ESTABLISH FOSTER CARE, LACK OF FAMILIAL SUPPORT, OR

SERIOUS, CHRONIC DISABILITY.—To establish that the alien is in foster care, 

lacks parental or familial support, or has a serious, chronic disability, the alien 

may provide at least 2 sworn affidavits from individuals who are not related 

to the alien and who have direct knowledge of the circumstances that contain— 

(A) a statement that the alien is in foster care, otherwise lacks any parental or other familiar support, or has a serious, chronic disability, as appropriate; 

(B) the name, address, and telephone number of the affiant; and 

(C) the nature and duration of the relationship between the affiant and 

the alien. 

(h) DOCUMENTS ESTABLISHING QUALIFICATION FOR HARDSHIP EXEMPTION.—To establish that an alien satisfies one of the criteria for the hardship exemption set forth 

in section 103(a)(2)(C), the alien may submit to the Secretary at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that warrant the exemption, that contain— 

(1) the name, address, and telephone number of the affiant; and 

(2) the nature and duration of the relationship between the affiant and the 

alien. 

(i) DOCUMENTS ESTABLISHING SERVICE IN THE UNIFORMED SERVICES.—To establish that an alien has served in the Uniformed Services for at least 2 years and, 

if discharged, received an honorable discharge, the alien may submit to the Secretary— 

(1) a Department of Defense form DD–214; 

(2) a National Guard Report of Separation and Record of Service form 22; 

(3) personnel records for such service from the appropriate Uniformed Service; 

or 

(4) health records from the appropriate Uniformed Service. 

(j) DOCUMENTS ESTABLISHING EARNED INCOME.— 

(1) IN GENERAL.—An alien may satisfy the earned income requirement under 

section 103(a)(1)(C)(iii) by submitting records that— 

(A) establish compliance with such requirement; and 


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(B) have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government 

agency. 

(2) OTHER DOCUMENTS.—An alien who is unable to submit the records described in paragraph (1) may satisfy the earned income requirement by submitting at least 2 types of reliable documents that provide evidence of employment 

or other forms of earned income, including— 

(A) bank records; 

(B) business records; 

(C) employer or contractor records; 

(D) records of a labor union, day labor center, or organization that assists 

workers in employment; 

(E) sworn affidavits from individuals who are not related to the alien and 

who have direct knowledge of the alien’s work, that contain— 

(i) the name, address, and telephone number of the affiant; and 

(ii) the nature and duration of the relationship between the affiant 

and the alien; 

(F) remittance records; or 

(G) any other evidence determined to be credible by the Secretary. 

(k) AUTHORITY TO PROHIBIT USE OF CERTAIN DOCUMENTS.—If the Secretary determines, after publication in the Federal Register and an opportunity for public comment, that any document or class of documents does not reliably establish identity 

or that permanent resident status under this Act (whether on a conditional basis, 

or without the conditional basis as provided in section 103(c)(2)) is being obtained 

fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the 

use of such document or class of documents. 

SEC. 208. RULE MAKING. 

(a) IN GENERAL.—Not later than 90 days after the date of the enactment of this 

Act, the Secretary shall publish in the Federal Register interim final rules implementing this Act, which shall allow eligible individuals to immediately apply for relief under section 101 or 103(c)(2). Notwithstanding section 553 of title 5, United 

States Code, the regulation shall be effective, on an interim basis, immediately upon 

publication, but may be subject to change and revision after public notice and opportunity for a period of public comment. The Secretary shall finalize such rules not 

later than 180 days after the date of publication. 

(b) PAPERWORK REDUCTION ACT.—The requirements under chapter 35 of title 44, 

United States Code, (commonly known as the ‘‘Paperwork Reduction Act’’) shall not 

apply to any action to implement this Act. 

SEC. 209. CONFIDENTIALITY OF INFORMATION. 

(a) IN GENERAL.—The Secretary may not disclose or use information (including information provided during administrative or judicial review) provided in applications filed under this Act or in requests for DACA for the purpose of immigration 

enforcement. 

(b) REFERRALS PROHIBITED.—The Secretary, based solely on information provided 

in an application for adjustment of status under this Act (including information provided during administrative or judicial review) or an application for DACA, may not 

refer an applicant to U.S. Immigration and Customs Enforcement, U.S. Customs 

and Border Protection, or any designee of either such entity. 

(c) LIMITED EXCEPTION.—Notwithstanding subsections (a) and (b), information 

provided in an application for adjustment of status under this Act may be shared 

with Federal security and law enforcement agencies— 

(1) for assistance in the consideration of an application for adjustment of status under this Act; 

(2) to identify or prevent fraudulent claims; 

(3) for national security purposes; or 

(4) for the investigation or prosecution of any felony offense not related to immigration status. 

(d) PENALTY.—Any person who knowingly uses, publishes, or permits information 

to be examined in violation of this section shall be fined not more than $10,000. 

SEC. 210. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS. 

(a) ESTABLISHMENT.—The Secretary of Homeland Security shall establish, within 

U.S. Citizenship and Immigration Services, a program to award grants, on a competitive basis, to eligible nonprofit organizations that will use the funding to assist 

eligible applicants under this Act by providing them with the services described in 

subsection (b). 

(b) USE OF FUNDS.—Grant funds awarded under this section shall be used for the 

design and implementation of programs that provide— 


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(1) information to the public regarding the eligibility and benefits of permanent resident status under this Act (whether on a conditional basis, or without 

the conditional basis as provided in section 103(c)(2)), particularly to individuals 

potentially eligible for such status; 

(2) assistance, within the scope of authorized practice of immigration law, to 

individuals submitting applications for adjustment of status under this Act 

(whether on a conditional basis, or without the conditional basis as provided in 

section 103(c)(2)), including— 

(A) screening prospective applicants to assess their eligibility for such status; 

(B) completing applications and petitions, including providing assistance 

in obtaining the requisite documents and supporting evidence; and 

(C) providing any other assistance that the Secretary or grantee considers 

useful or necessary to apply for adjustment of status under this Act (whether on a conditional basis, or without the conditional basis as provided in 

section 103(c)(2)); and 

(3) assistance, within the scope of authorized practice of immigration law, and 

instruction, to individuals— 

(A) on the rights and responsibilities of United States citizenship; 

(B) in civics and English as a second language; 

(C) in preparation for the General Education Development test; and 

(D) in applying for adjustment of status and United States citizenship. 

(c) AUTHORIZATION OF APPROPRIATIONS.— 

(1) AMOUNTS AUTHORIZED.—There are authorized to be appropriated such 

sums as may be necessary for each of the fiscal years 2020 through 2030 to 

carry out this section. 

(2) AVAILABILITY.—Any amounts appropriated pursuant to paragraph (1) shall 

remain available until expended. 

SEC. 211. PROVISIONS AFFECTING ELIGIBILITY FOR ADJUSTMENT OF STATUS. 

An alien’s eligibility to be lawfully admitted for permanent residence under this 

Act (whether on a conditional basis, or without the conditional basis as provided in 

section 103(c)(2)) shall not preclude the alien from seeking any status under any 

other provision of law for which the alien may otherwise be eligible. 

SEC. 212. SUPPLEMENTARY SURCHARGE FOR APPOINTED COUNSEL. 

(a) IN GENERAL.—Except as provided in section 202 and in cases where the applicant is exempt from paying a fee under section 203(c), in any case in which a fee 

is charged pursuant to this Act, an additional surcharge of $25 shall be imposed and 

collected for the purpose of providing appointed counsel to applicants seeking judicial review of the Secretary’s decision to provisionally deny an application under section 206(c)(3). 

(b) IMMIGRATION COUNSEL ACCOUNT.—There is established in the general fund of 

the Treasury a separate account which shall be known as the ‘‘Immigration Counsel 

Account’’. Fees collected under subsection (a) shall be deposited into the Immigration Counsel Account and shall to remain available until expended for purposes of 

providing appointed counsel as required under this Act. 

(c) REPORT.—At the end of each 2-year period, beginning with the establishment 

of this account, the Secretary of Homeland Security shall submit a report to the 

Congress concerning the status of the account, including any balances therein, and 

recommend any adjustment in the prescribed fee that may be required to ensure 

that the receipts collected from the fee charged for the succeeding two years equal, 

as closely as possible, the cost of providing appointed counsel as required under this 

Act. 

SEC. 213. ANNUAL REPORT ON PROVISIONAL DENIAL AUTHORITY. 

Not later than 1 year after the date of the enactment of this Act, and annually 

thereafter, the Secretary of Homeland Security shall submit to the Congress a report detailing the number of applicants that receive— 

(1) a provisional denial under this Act; 

(2) a final denial under this Act without seeking judicial review; 

(3) a final denial under this Act after seeking judicial review; and 

(4) an approval under this Act after seeking judicial review. 

Purpose and Summary 

H.R. 2820, the ‘‘Dream Act of 2019,’’ will provide a path to lawful 

immigration status for thousands of deserving young men and 

women. It accomplishes this important goal by prohibiting the reVerDate Sep 11 2014 06:56 May 31, 2019 Jkt 089006 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 E:\HR\OC\HR098.XXX HR098

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1Letter from coalition of U.S. business leaders and CEOs to Senate Majority Leader Mitch 

McConnell, Senate Minority Leader Chuck Schumer, Speaker of the House Paul Ryan, and 

House Minority Leader Nancy Pelosi (Jan. 10, 2018), https://www.verizon.com/about/sites/default/files/1-10-8-DACA-CEO-Letter.pdf; see also Ryan Grenoble, 100 Top CEOs Urge DACA Action in Open Letter to Congress, HUFFPOST (Jan. 10, 2018), https://www.huffingtonpost.com/ 

entry/top-ceos-open-letter-congress-daca_us_5a567f17e4b08a1f624b07da. 2Development, Relief, and Education for Alien Minors Act, or the DREAM Act, S. 1291, 107th 

Cong. § 2 (2001). 3See generally S. Rep. No. 108–224 (2004). 

moval of certain undocumented immigrants who entered the 

United States before the age of 18 and establishing a process for 

such individuals to apply for lawful permanent resident (LPR) status. Derived from Title I of H.R. 6, the ‘‘American Dream and 

Promise Act,’’ H.R. 2820 requires the Secretary of Homeland Security or the Attorney General to grant a ten-year period of conditional LPR status to individuals who meet the bill’s eligibility criteria, which include various physical-presence, residency, and educational requirements. Approved individuals can later apply to remove the conditions on their LPR status once they meet additional 

requirements related to educational achievement, military service, 

or employment. Individuals who meet these additional requirements at the time of initial application can apply for unconditional 

LPR status at the outset. H.R. 2820 also sets forth detailed criminal and national security bars to relief and provides the Secretary 

of Homeland Security with discretion to deny applications filed by 

individuals who are determined to be threats to public safety. This 

legislation is supported by a broad coalition of organizations, including immigrants’ rights organizations, faith-based organizations, 

labor unions, and civil rights organizations. In addition, more than 

100 CEOs of prominent U.S. businesses warned that if Dreamers 

were not protected, this would ‘‘lead to businesses losing valuable 

talent, cause disruptions in the workforce, and . . . result in significant costs.’’ 1

Background and Need for the Legislation 

I. DREAMERS

In 2001, the Development, Relief, and Education for Alien Minors 

(DREAM) Act was first introduced, thus giving rise to the term 

‘‘Dreamers,’’ which is now broadly used to refer to undocumented 

immigrants who were brought to the United States as children and 

have embraced this country as their own.2 Since then, numerous 

bipartisan versions of the Dream Act have been introduced, all of 

which would have provided a pathway to LPR status for eligible individuals. Despite bipartisan support and House passage of a 

version of the bill in 2010, none of these measures have become 

law. 

As Dreamers approach adulthood, they are forced—often for the 

first time—to personally confront the consequences of their undocumented status.3 They discover that they are unable to work legally, 

travel abroad, obtain driver’s licenses in most states, or obtain federal financial assistance for post-secondary education. If brought to 

the attention of the U.S. Department of Homeland Security (DHS), 

Dreamers can be removed to countries that they barely remember 

and to which they have little or no personal connection. 

Because of their undocumented status, most Dreamers have not 

travelled outside the United States since they entered. Having 


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4 Janet Napolitano, Exercising Prosecutorial Discretion with Respect to Individuals Who Came 

to the United States as Children, Dep’t of Homeland Security (June 15, 2012), https:// 

www.dhs.gov/xlibrary/assets/s1-exercising-prosecutorial-discretion-individuals-who-came-to-usas-children.pdf. 5See U.S. Citizenship and Immigration Services, Consideration of Deferred Action for Childhood Arrivals, Dep’t of Homeland Security (citing residency, education and the absence of a serious criminal history as eligibility requirements), https://www.uscis.gov/archive/consideration-deferred-action-childhood-arrivals-daca. 6See U.S. Citizenship and Immigration Services, Number of Form I–821D, Consideration of 

Deferred Action for Childhood Arrivals, by Fiscal Year, Quarter, Intake and Case Status, Fiscal 

Year 2012–2018, Dep’t of Homeland Security (Sep. 30, 2018), https://www.uscis.gov/sites/default/ 

files/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/ 

All%20Form%20Types/DACA/daca_performance_data_fy2018_qtr4.pdf. 7 U.S. Citizenship and Immigration Services, DACA FAQs, Dep’t of Homeland Security https:// 

www.uscis.gov/archive/frequently-asked-questions#miscellaneous. 8Michael D. Shear & Julie Hirschfeld David, Trump Moves to End DACA and Calls on Congress to Act, N.Y. TIMES (Sep. 5, 2017), https://www.nytimes.com/2017/09/05/us/politics/trumpdaca-dreamers-immigration.html. 9 Elaine Duke, Memorandum of Rescission of Deferred Action for Childhood Arrivals (DACA), Dep’t of Homeland Security (Sep. 5, 2017), https://www.dhs.gov/news/2017/09/05/memorandumrescission-daca. 10 Regents of the University of California v. Dep’t of Homeland Security, No. 3:17-cv-05211 

(N.D. Cal. Jan. 9, 2018); Batalla Vidal v. Nielsen, No. 1:16-cv-04756 (E.D.N.Y. Feb. 13, 2018); 

see also Casa de Maryland v. Dep’t of Homeland Security, No. 8:17-cv-02942 (D. Md. Mar. 5, 

2018), aff’d in part, rev’d in part, vacated in part, dismissed in part, Casa de Maryland v. Dep’t 

of Homeland Security, No. 18–1521 (4th Cir. May 17, 2019). 11See U.S. Citizenship and Immigration Services, Deferred Action for Childhood Arrivals: Response to January 2018 Preliminary Injunction, Dep’t of Homeland Security (Feb. 14, 2018), 

https://www.uscis.gov/humanitarian/deferred-action-childhood-arrivals-response-january-2018- 

preliminary-injunction. 

spent their formative years here, their removal can have far-reaching impacts on Dreamers’ lives, as well as their families and their 

communities. The removal of a Dreamer can deeply affect classmates, teachers, clergy, and friends who have watched them grow 

up. Employers of Dreamers are also affected, as they lose access to 

key members of their workforce. Notwithstanding these compelling 

equities, our current immigration system provides no realistic 

means for most Dreamers to regularize their immigration status. 

II. DEFERRED ACTION FOR CHILDHOOD ARRIVALS

To provide temporary relief to a subset of the Dreamer population, former-Secretary of Homeland Security Janet Napolitano 

announced the Deferred Action for Childhood Arrivals (DACA) initiative on June 15, 2012.4 An exercise of prosecutorial discretion, 

DACA provides temporary relief from removal, as well as work authorization, to certain undocumented immigrants brought to the 

United States before the age of 16.5 DACA enabled more than 

800,000 eligible young adults to work lawfully, attend school, and 

contribute to the United States without the constant threat of removal.6 DACA, however, does not provide permanent immigration 

status, and it must be renewed every two years.7

On September 5, 2017, President Trump announced the termination of DACA.8 Then-Acting Secretary of Homeland Security 

Elaine Duke concurrently rescinded the 2012 memorandum that 

created DACA.9 These actions prompted multiple federal court lawsuits that challenged the Administration’s decision as arbitrary and 

capricious and that ultimately resulted in nationwide injunctions.10

As a result of these injunctions, DHS resumed accepting requests 

from DACA recipients to renew their work authorization, but the 

Department is not accepting new DACA requests.11 The Administration is currently seeking review of these cases by the U.S. Supreme Court. 


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12 Jie Zong et al., A Profile of Current DACA Recipients by Education, Industry, and Occupation, Migration Policy Institute (Nov. 2017), https://www.migrationpolicy.org/research/profile-current-daca-recipients-education-industry-and-occupation. 13Francesc Ortega, Ryan Edwards, & Philip E. Wolgin, The Economic Benefits of Passing the 

Dream Act, Center for American Progress (Sep. 18, 2017), https://www.americanprogress.org/ 

issues/immigration/reports/2017/09/18/439134/economic-benefits-passing-dream-act/. 14Francesc Ortega & Amy Hsin, How the Dream Act Can Actually Lower the Deficit, THE HILL

(Feb. 14, 2018), https://thehill.com/opinion/immigration/373824-how-the-dream-act-can-actuallylower-the-deficit. 15 Ryan D. Edwards et al., The State-by-State Economic Benefits of Passing the Dream Act, Center for American Progress (Oct. 26, 2017), https://www.americanprogress.org/issues/immigration/news/2017/10/26/441298/the-state-by-state-economic-benefits-of-passing-the-dream-act/. 16 Id. 17 John C. Austin, Losing Dreamers Would be a Loss for Heartland Economy, Brookings Institute: The Avenue (Jan. 31, 2018), https://www.brookings.edu/blog/the-avenue/2018/01/31/losingdreamers-would-be-a-loss-for-heartland-economy/. 18 Id. 19Letter from coalition of U.S. business leaders and CEOs, to Senate Majority Leader Mitch 

McConnell, Senate Minority Leader Chuck Schumer, Speaker of the House Paul Ryan, and 

House Minority Leader Nancy Pelosi (Jan. 10, 2018), https://www.verizon.com/about/sites/default/files/1-10-8-DACA-CEO-Letter.pdf; see also Ryan Grenoble, 100 Top CEOs Urge DACA AcIII. ECONOMIC BENEFITS OF PROVIDING PERMANENT RELIEF TO

DREAMERS

Studies consistently show that the U.S. economy will benefit 

from providing undocumented youth with a way to earn lawful status, including by stabilizing their lives and allowing them to further contribute to the United States. DACA recipients are already 

employed in a wide variety of industries, including hospitality, food 

service, education, and health care.12 A path to lawful status will 

empower these individuals to seek and obtain better paying jobs, 

resulting in both increased tax revenues at the federal, state, and 

local levels, and expanded economic activity through increased purchases of homes, automobiles, and other goods. The Center for American Progress estimates that at least $22.7 

billion per year will be added to the U.S. Gross Domestic Product 

(GDP) if the Dream Act or similar legislation is passed.13 Even assuming lower annual GDP gains of $10.9 to $18.4 billion, growth 

of this magnitude translates into increased federal tax revenue of 

$2 to $3.3 billion per year.14

State economies will also directly benefit through passage of the 

Dream Act. California and Texas—which have the largest numbers 

of Dreamers—would realize an estimated increase in GDP of $6 billion and $3.4 billion, respectively.15 Even states with smaller 

Dreamer populations will experience economic gains. With 54,000 

Dreamers, Arizona would see annual state GDP gains between 

$585 million and $2 billion, while Colorado, with 34,000 Dreamers, 

would gain between $438 million and $1.4 billion annually.16 Moreover, states such as Indiana, Iowa, Michigan, Minnesota, Missouri, 

Ohio, Pennsylvania, and Wisconsin rely heavily on immigrants to 

create new businesses and fill STEM positions.17 Combined, these 

states are home to more than 46,000 DACA recipients, more than 

40,000 of whom are employed. Losing this crucial sector of the 

workforce would lead to GDP losses of more than $2.7 billion for 

this region.18

The private sector is also invested in protecting the futures of 

Dreamers. Last year, more than 100 CEOs sent a letter to House 

and Senate offices warning of the significant losses their industries 

would suffer if DACA is terminated. Failure to protect Dreamers, 

they wrote, would ‘‘lead to businesses losing valuable talent, cause 

disruptions in the workforce, and . . . result in significant costs.’’ 19


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17 

tion in Open Letter to Congress, HUFFPOST (Jan. 10, 2018), https://www.huffingtonpost.com/ 

entry/top-ceos-open-letter-congress-daca_us_5a567f17e4b08a1f624b07da. 

Hearings 

For the purposes of section 103(i) of H. Res. 6 of the 116th Congress, the following hearing was used to develop H.R. 6 and H.R. 

2820: ‘‘Protecting Dreamers and TPS Recipients,’’ held before the 

Judiciary Committee on March 6, 2019. The Committee heard testimony from: Jin Park, a Korean national DACA recipient, Harvard 

graduate, and Rhodes Scholar who came to the United States at 

the age of seven; Yazmin Irazoqui Ruiz, a Mexican national DACA 

recipient and summa cum laude graduate of the University of New 

Mexico who came to the United States at the age of three and is 

currently attending medical school; Yatta Kiazolu, a Liberian national Deferred Enforced Departure (DED) holder who has lived in 

the United States for 22 years and is currently enrolled in a PhD 

program at the University of California, Los Angeles; Jose Palma, 

a Salvadoran national Temporary Protected Status (TPS) recipient 

who is married to another TPS recipient, has four U.S. citizen children, and serves as the National Coordinator of the National TPS 

Alliance; Donald Graham, former owner of The Washington Post 

and co-founder of TheDream.US, which provides scholarships to 

thousands of highly motivated Dreamers and TPS recipients; 

Catholic Bishop Mario Dorsonville, Auxiliary Bishop of the Archdiocese of Washington, a naturalized immigrant from Colombia and 

the incoming Migration Chairman of the U.S. Conference of Catholic Bishops; Hilario Yanez, a DACA recipient and a graduate from 

the University of Houston; and Andrew R. Arthur, a former immigration judge and a Resident Fellow at the Center for Immigration 

Studies. 

Witnesses shared their personal stories and highlighted the need 

for a legislative solution by exploring how Dreamers benefit our 

country and how they could contribute even more to our nation if 

provided a means to become full, participating members of our society as lawful permanent residents. Witnesses also noted the personal and community-based impacts resulting from the Administration’s decision to terminate DACA. 

Committee Consideration 

On May 22, 2019, the Committee met in open session and ordered the bill, H.R. 2820, favorably reported with an amendment 

in the nature of a substitute, by a rollcall vote of 19 to 10, a 

quorum being present. 

Committee Votes 

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the following 

rollcall votes occurred during the Committee’s consideration of H.R. 

2820: 

1. An amendment by Mr. Chabot to amend section 101 that 

would make an individual ineligible to adjust his or her status if 

such individual has either: (1) a single conviction for driving while 

intoxicated causing serious bodily injury or the death of another 


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person; or (2) two or more convictions for driving while intoxicated, 

was defeated by a rollcall vote of 10 to 20. 


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2. An amendment by Mr. Gohmert to amend section 101 that 

would make an individual ineligible to adjust his or her status if 

he or she is or has been a member of a criminal street gang, or 

has participated in the activities of a criminal street gang knowing 

or having reason to know that such activities will promote, further, 

aid, or support the illegal activity of the criminal gang, was defeated by a rollcall vote of 10 to 17. 


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3. An amendment by Mr. Biggs to amend the confidentiality provisions in section 209 to allow application information to be used 

for enforcement of the Act or for any criminal proceeding was defeated by a rollcall vote of 10 to 18. 


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4. An amendment by Mr. McClintock to replace the term ‘‘shall’’ 

with ‘‘may’’ in various places within sections 101 and 103, to provide greater discretion to the Secretary of Homeland Security to 

deny applications submitted under the Act, was defeated by a rollcall vote of 12 to 16. 


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5. An amendment by Mrs. Lesko to amend section 101 that 

would make an individual ineligible to adjust his or her status if 

he or she engaged in immigration-related fraud or made a material 

misrepresentation, as defined under section 212(a)(6)(C) of the Immigration and Nationality Act (8 U.S.C. § 1182(a)(6)(C)), was defeated by a rollcall vote of 11 to 16. 


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6. An amendment by Mr. Gaetz to amend section 101 that would 

make an individual ineligible to adjust his or her status if he or 

she was convicted of a misdemeanor offense involving the purchase, 

sale, offering for sale, exchanging, using, owning, possessing, or 

carrying, or attempting or conspiring to purchase, sell, offer for 

sale, exchange, use, own, possess, or carry any weapon, part, or accessory which is a firearm or destructive device was defeated by a 

rollcall vote of 13 to 16. 


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7. An amendment by Mr. Cline to amend section 207 to replace 

the term ‘‘may’’ with ‘‘shall’’ in reference to the Secretary of Homeland Security’s authority to prohibit or restrict the use of a document or class of documents, if the Secretary determines that such 

documents are unreliable or are being fraudulently used to an unacceptable degree, was defeated by a rollcall vote of 6 to 15. 


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8. An amendment by Mr. Biggs to amend section 101 that would 

make an individual ineligible to adjust his or her status if such individual had no lawful immigration status as of the date of the 

Act’s enactment was defeated by a rollcall vote of 8 to 16. 


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9. An amendment by Mr. Steube to provide that the parents of 

individuals granted permanent resident status under the Act shall 

not, by virtue of such relationship, be accorded any right, privilege, 

or status under the Immigration and Nationality Act was defeated 

by a rollcall vote of 8 to 17. 


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10. An amendment by Mr. Biggs to section 101 to provide that 

an individual is eligible to adjust his or her status under the Act 

if he or she was younger than 16 years of age on the date on which 

such individual entered the United States, but only if such date 

was before June 15, 2007, and he or she has continuously resided 

in the United States since such entry was defeated by a rollcall 

vote of 10 to 18. 


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11. Motion to report H.R. 2820, as amended, favorably was 

agreed to by a rollcall vote of 19 to 10. 


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1 A relatively small number of people would be eligible for LPR status under both H.R. 2820 

(the Dream Act) and H.R. 2821 (the American Promise Act), both of which were ordered reported by the House Committee on the Judiciary on May 22, 2019. Consequently, if the provisions of the two bills were enacted as a single bill, the budgetary effects for that combined bill 

Committee Oversight Findings 

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

Committee Estimate of Budgetary Effects 

In compliance with clause 3(d) of rule XIII of the Rules of the 

House of Representatives, the following statement is made concerning the effects on the budget of the bill, H.R. 2820, as reported. 

The Committee agrees with the estimate prepared by the Congressional Budget Office, which is included below. 

New Budget Authority, Entitlement Authority, and Tax 

Expenditures 

Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House 

of Representatives, the Committee adopts as its own the estimate 

of new budget authority, entitlement authority, or tax expenditures 

or revenues contained in the cost estimate prepared by the Director 

of the Congressional Budget Office pursuant to section 402 of the 

Congressional Budget Act of 1974. 

Congressional Budget Office Cost Estimate 

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 2820, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, May 30, 2019. 

Re H.R. 2820, the Dream Act of 2019. 

Hon. JERROLD NADLER, 

Chairman, Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office and staff 

of the Joint Committee on Taxation (JCT) have completed an estimate of the direct spending and revenue effects of H.R. 2820, the 

Dream Act of 2019, as ordered reported by the House Committee 

on the Judiciary on May 22, 2019. On net, CBO and JCT estimate 

enacting the legislation would increase budget deficits by $26.3 billion over the 2020–2029 period; on-budget deficits would increase 

by $31.0 billion, and off-budget deficits would decrease by $4.8 billion over that period. Because enacting the bill would affect direct 

spending and revenues, pay-as-you-go procedures apply.1 The payVerDate Sep 11 2014 06:56 May 31, 2019 Jkt 089006 PO 00000 Frm 00040 Fmt 6659 Sfmt 6602 E:\HR\OC\HR098.XXX HR098

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would be smaller than the sum of the budgetary effects of the two bills. CBO has not estimated 

the budgetary effects of a combined bill. 2 H.R. 2820 would not require as a condition for eligibility for LPR status that an alien be 

inadmissible or deportable as of the date of enactment or any other specific date. Thus, some 

aliens who are currently in lawful immigration status could subsequently lose that status, become inadmissible or deportable, and therefore gain eligibility for LPR status under H.R. 2820. 

CBO has not estimated the number of people that could be so affected, nor the budgetary effects 

resulting from their eligibility for LPR status. 3The Administration has proposed to terminate the Deferred Action for Childhood Arrivals 

program that currently provides lawful presence and work authorization to nearly 700,000 inadmissible or deportable aliens. That policy is currently subject to a nationwide injunction. Spending and revenues in CBO’s baseline reflect the expectation that the injunction will eventually 

be lifted and the Administration will implement its proposed policy. 4The bill also would provide eligibility for health insurance subsidies to minor children who 

are not yet eligible to apply for conditional LPR status under the bill because they are not yet 

in secondary school. 

as-you-go effects are equal to the change in on-budget deficits (see 

Table 1). 

H.R. 2820 would allow inadmissible or deportable aliens who arrived in the United States before the age of 18 and have been continuously present for at least four years to receive lawful permanent resident (LPR) status under certain conditions. If they meet 

further qualifications—related to education, employment, uniformed service, disability, caregiving, or hardship to themselves or 

their relatives—the bill would permit them to remove the conditional basis of their LPR status, making them eligible to become 

citizens. 

CBO estimates that H.R. 2820 would provide lawful immigration 

status and work authorization to more than 2 million people who 

otherwise would be physically present in the United States without 

such legal authority.2,3 Enacting the bill would affect direct spending because LPR status confers eligibility for federal benefits— 

health insurance subsidies and benefits under Medicaid and also 

under the Supplemental Nutrition Assistance Program, among others—provided that those applicants meet the other eligibility requirements for those programs.4

Enacting H.R. 2820 also would affect federal revenues because 

the increase in the number of workers with employment authorization would affect payroll taxes and individual and corporate income 

taxes. Some newly authorized workers also would become eligible 

for refundable tax credits (included in the spending total below). In 

addition, some of the fees established under the bill would be classified as revenues in the budget. 

CBO and JCT estimate that enacting H.R. 2820 would increase direct spending by $28.8 billion over the 2020–2029 period. Over 

that same period, CBO and JCT estimate that the bill would increase revenues, on net, by $2.5 billion—a decline in on-budget revenues of $2.9 billion and an increase in off-budget revenues of $5.5 

billion. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is David Rafferty, who can 

be reached at 226–2840. 

Sincerely, 

KEITH HALL, Director. 

Enclosure 

cc: Honorable Doug Collins 

Ranking Member 


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TABLE 1—H.R. 2820, THE DREAM ACT OF 2019 

By fiscal year, millions of dollars— 

2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2019– 2024 2019– 2029 

CHANGES IN DIRECT SPENDING (OUTLAYS) 

On-Budget 

Health Insurance Subsidies a ........................................... 0 230 615 1,135 1,515 1,715 1,700 1,510 1,340 1,320 1,410 5,210 12,490 

Medicaid and CHIP ........................................................... 0 25 55 100 135 180 335 705 1,125 1,395 1,235 495 5,290 Refundable Tax Credits b .................................................. 0 25 75 330 430 445 465 480 490 495 500 1,305 3,735 

SNAP ................................................................................. 0 15 50 60 60 55 115 330 555 665 710 240 2,615 Supplemental Security Income ......................................... 0 5 15 30 35 145 195 220 255 315 275 230 1,490 DHS Fees and Spending ................................................... 0 360 645 ¥60 15 105 90 60 ¥30 ¥20 5 1,065 1,170 High Education Assistance ............................................... 0 15 85 155 130 95 85 85 95 95 95 480 935 Medicare ........................................................................... 0 0 0 * 5 15 30 45 65 90 125 20 375 

Subtotal ................................................................... 0 675 1,540 1,750 2,325 2,755 3,015 3,435 3,895 4,355 4,355 9,045 28,100 

Off-Budget 

Social Security .................................................................. 0 * 10 20 30 45 65 85 115 145 180 105 695 

Total ......................................................................... 0 675 1,550 1,770 2,355 2,800 3,080 3,520 4,010 4,500 4,535 9,150 28,795 

CHANGES IN REVENUES 

On-Budget 

Income and Medicare Taxes ............................................. 0 ¥60 ¥300 ¥370 ¥325 ¥205 ¥80 ¥375 ¥370 ¥375 ¥380 ¥1,260 ¥2,840 

Health Insurance Subsidies a ........................................... 0 ¥20 ¥50 ¥85 ¥110 ¥125 ¥130 ¥160 ¥180 ¥195 ¥205 ¥390 ¥1,260 

DHS Revenues ................................................................... 0 190 415 155 85 90 95 85 35 15 5 935 1,170 

Subtotal ................................................................... 0 110 65 ¥300 ¥350 ¥240 ¥115 ¥450 ¥515 ¥555 ¥580 ¥715 ¥2,930 

Off-Budget 

Social Security .................................................................. 0 20 85 575 675 700 695 680 675 680 690 2,055 5,475 

Total ......................................................................... 0 130 150 275 325 460 580 230 160 125 110 1,340 2,545 

CHANGES IN DEFICITS (NEGATIVES INDICATE INCREASES IN DEFICITS) 

Total .................................................................................. 0 ¥545 ¥1,400 ¥1,495 ¥2,030 ¥2,340 ¥2,500 ¥3,290 ¥3,850 ¥4,375 ¥4,425 ¥7,810 ¥26,250 

On-Budget ................................................................ 0 ¥565 ¥1,475 ¥2,050 ¥2,675 ¥2,995 ¥3,130 ¥3,885 ¥4,410 ¥4,910 ¥4,935 ¥9,760 ¥31,030 

Off-Budget ............................................................... 0 20 75 555 645 655 630 595 560 535 510 1,950 4,780 

The change in direct spending would affect budget authority by similar amounts; CHIP = Children’s Health Insurance Program; DHS = Department of Homeland Security; SNAP = Supplemental Nutrition Assistance Program; * = between 

¥$500,000 and $500,000. 

a Premium tax credits for health insurance purchased through the marketplaces established under the Affordable Care Act. b Refundable tax credits include the outlay portion of the earned income and child tax credits. 


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Duplication of Federal Programs 

No provision of H.R. 2820 establishes or reauthorizes a program 

of the federal government known to be duplicative of another federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

Performance Goals and Objectives 

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, H.R. 2820 would cancel removal proceedings and prohibit the removal of certain undocumented immigrants who entered the United States before age 

18, and provide a process for such individuals to apply for lawful 

permanent resident status. 

Advisory on Earmarks 

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H.R. 2820 does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(d), 9(e), or 9(f) of rule XXI. 

Section-by-Section Analysis 

The following discussion describes the bill as reported by the 

Committee. 

Sec. 1. Short Title. Section 1 sets forth the short title of the bill 

as the ‘‘Dream Act of 2019’’. 

Title I. Treatment of Certain Long-Term Residents Who Entered the 

United States as Children. 

Sec. 101. Permanent Resident Status on a Conditional Basis for 

Certain Long-Term Residents who Entered the United States as 

Children. Section 101(a) states that lawful permanent resident 

(LPR) status obtained under this section is deemed conditional 

(‘‘conditional permanent residence’’ or ‘‘conditional LPR status’’) 

subject to the provisions of the Act. 

Section 101(b) sets forth the eligibility requirements for conditional LPR status. Applicants under section 101(b) must currently 

lack lawful immigration status or be under a grant of Temporary 

Protected Status (TPS) or Deferred Enforced Departure (DED). In 

addition, applicants must: 

(1) have been continuously present for at least four years before the date of enactment; 

(2) have entered the United States before the age of 18 and 

have continuously resided in the United States since such 

entry; 

(3) not be inadmissible on specified grounds described in section 212(a) of the Immigration and Nationality Act (INA) (8 

U.S.C. 1182(a)), including for health-related reasons, alien 

smuggling, student visa abuse, ineligibility for citizenship, polygamy, international child abduction, unlawful voting, or renouncing U.S. citizenship to avoid taxation; 


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(4) not have ordered, incited, assisted or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or 

political opinion; 

(5) not be barred on criminal and national security grounds 

described in section 101(c); and 

(6) meet certain educational criteria, including being admitted to an institution of higher education or post-secondary 

school; having obtained a high school diploma, GED (or equivalent), or a technical credential at the secondary level; or being 

enrolled in high school, other secondary school, or a program 

to obtain a GED (or equivalent) or a post-secondary credential. 

Section 101(b)(2)(A) provides the Secretary with discretion to charge a fee of no more than $495 to applicants applying for conditional permanent residence. 

Section 101(b)(2)(B) requires the Secretary to establish a streamlined procedure for DACA recipients to apply for LPR status under 

the Act, whether or not on a conditional basis. The Secretary may 

not charge a fee to DACA recipients applying for conditional LPR 

status, but the Secretary may charge a reasonable fee to DACA recipients applying for LPR status without the conditional basis. 

Section 101(b)(3) requires all applicants to pass background 

checks before an application for conditional permanent residence 

can be granted. 

Section 101(b)(4) requires all applicants to establish that they 

have registered under the Military Selective Service Act if they are 

subject to the Act. 

Section 101(c) sets forth the criminal and national security bars 

to eligibility. Section 101(c)(1) provides that an individual is ineligible for adjustment of status under the Act if the applicant— 

(1) is inadmissible under the general criminal and national 

security bars, described in paragraphs (2) and (3) of sections 

212(a) of the INA, that apply to other applicants for admission; 

(2) has been convicted of any federal or state felony offense 

(an offense punishable by a term of imprisonment of more than 

one year), excluding state offenses involving immigration status; 

(3) has been convicted of three or more federal or state misdemeanor offenses (offenses punishable by a term of imprisonment of more than five days but not more than one year) not 

occurring on the same date or arising out of the same act, 

omission, or scheme of misconduct (excluding state offenses involving immigration status, minor traffic offenses, offenses involving civil disobedience without violence, simple possession of 

cannabis or cannabis-related paraphernalia, and any offense 

involving cannabis or cannabis-related paraphernalia that is 

no longer prosecutable in the state in which the conviction was 

entered); 

(4) has been convicted of a crime of domestic violence (unless 

the crime is related to the applicant having been: a victim of 

domestic violence, sexual assault, or related offenses; battered 

or subjected to extreme cruelty; or a victim of criminal activity). 

Section 101(c)(2) provides the Secretary with discretionary authority to waive certain misdemeanor offenses. Section 101(c)(2)(A) 


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provides for a waiver—for humanitarian purposes, family unity, or 

if otherwise in the public interest—for certain grounds of inadmissibility, unless the conviction forming the basis for inadmissibility 

would make the applicant ineligible under the other felony or misdemeanor bars in the bill. Section 101(c)(2)(B) allows the Secretary, 

based on the same criteria, to waive consideration of: (1) one misdemeanor offense if the applicant has not been convicted of any offense in five years; or (2) two misdemeanor offenses if the applicant 

has not been convicted of any offense in ten years. 

Section 101(c)(3) provides the Secretary with the non-delegable 

authority to conduct a secondary review of applications and provisionally deny an applicant if there is clear and convincing evidence 

that the applicant presents a significant threat to public safety or 

has actively participated in a criminal gang. Specifically, the Secretary can provisionally deny an applicant who presents a significant threat to public safety based on either: (1) a conviction punishable by a term of imprisonment of more than 30 days (excluding 

certain misdemeanors related to marijuana, immigration-related offenses, minor traffic offenses, and civil disobedience not involving 

violence); or (2) a juvenile delinquency adjudication resulting in 

placement in a secure facility. In making such a determination, the 

Secretary must consider the recency of the conviction or adjudication, the length of any sentence or placement, the nature and seriousness of the conviction or adjudication, and any mitigating factors pertaining to the individual’s role in the commission of the offense. The Secretary may also provisionally deny an applicant who, 

within the past five years, voluntarily and willfully participated in 

criminal offenses committed by a criminal street gang with the intent to promote or further such offenses. 

Section 101(c)(3)(E) provides that identification in a gang database does not establish gang participation. 

Section 101(c)(3)(F) requires the Secretary to provide two notices 

of the intent to provisionally deny an application. The Secretary 

must send such notices by certified mail, as well as electronic mail, 

or other electronic communication, if requested by the applicant. 

The applicant shall be provided at least 90 days to respond. Upon 

a motion by the applicant showing good cause, including failure to 

receive the required notice, the Secretary shall reopen the application. 

Section 101(c)(3)(G) provides for judicial review of a provisional 

denial. 

Section 101(c)(4) defines the terms ‘‘felony offense,’’ ‘‘misdemeanor offense,’’ ‘‘crime of domestic violence,’’ and ‘‘convicted’’ or 

‘‘conviction.’’ 

Section 101(d) requires the Attorney General, upon request, to 

stay the removal of an individual who is not older than 18 and 

meets the requirements of section 101(b)(1) except for the education requirements, to give such individual a reasonable opportunity to meet such requirements. 

Section 101(e) allows an individual to withdraw his or her application without prejudice. 

Sec. 102. Terms of Permanent Resident Status on a Conditional 

Basis. Section 102(a) provides that conditional LPR status under 

the Act is valid for ten years unless extended or revoked by the 

Secretary. 


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Section 102(b) requires the Secretary to provide notice to an approved applicant regarding the Act’s requirements, including the 

requirements that must be met to have the conditional basis of 

LPR status removed. 

Section 102(c) allows the Secretary to revoke conditional LPR 

status if the applicant engages in conduct that makes the applicant 

ineligible for such status, but the Secretary must provide notice of 

the proposed revocation and the opportunity for a hearing to contest such revocation. Section 102(d) states that if conditional LPR 

status expires or is revoked, the individual is returned to the immigration status he or she previously held. 

Sec. 103. Removal of Conditional Basis of Permanent Resident 

Status. Section 103(a)(1) sets forth the criteria for removing the 

conditional basis of LPR status granted under section 101. Specifically, the Secretary must remove such conditions for an applicant 

who: 

(1) has not engaged in conduct that would render the applicant ineligible for status under the criminal or national security bars in section 101(b)(1)(C); 

(2) has not abandoned residence in the United States; and 

(3) has: (a) obtained a degree from a U.S. institution of higher education; (b) completed two years in good standing in a 

bachelor’s or higher degree program, or in a post-secondary 

area career and technical education program; (c) served in the 

Uniformed Services for two years, and if discharged, received 

an honorable discharge; or (d) earned income for at least three 

years (reduced by the period of time the applicant is enrolled 

in a post-secondary education program), and at least 75 percent of the time that the alien had valid employment authorization. 

Section 103(a)(2) authorizes a waiver of these education/military/ 

work requirements if the applicant can demonstrate compelling circumstances based on a disability, being a full-time caregiver, or the 

extreme hardship that would result from removal to U.S. citizen or 

LPR immediate relatives. 

Section 103(a)(3) requires the applicant to pass the English and 

civics test required for naturalization purposes, unless the applicant has a disability. 

Section 103(a)(4) allows the Secretary to charge a reasonable fee 

for processing applications to remove the conditional basis on LPR 

status. 

Section 103(a)(5) prohibits the Secretary from removing the conditional basis on LPR status until background checks are completed. 

Section 103(b) clarifies that for purposes of naturalization, an applicant granted conditional LPR status is considered a lawful permanent resident, but that an individual cannot apply for naturalization while he or she remains on conditional status. 

Section 103(c) states that an individual may adjust to full LPR 

status without first applying for conditional status if the applicant 

meets the eligibility requirements for removal of the conditions at 

the time of initial application. Such an individual must submit to 

a single background check and is required to pay only one application fee to adjust to permanent resident status. 


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Title II. General Provisions. 

Sec. 201. Definitions. Section 201 defines the following terms: 

‘‘Appropriate United States District Court’’; ‘‘Area Career and Technical Education School’’; ‘‘DACA’’; ‘‘Disability’’; ‘‘Federal Poverty 

Line’’; ‘‘High School’’; ‘‘Secondary School’’; ‘‘Immigration Laws’’; ‘‘Institution of Higher Education’’; ‘‘Recognized Postsecondary Credential’’; ‘‘Secretary’’; and ‘‘Uniformed Services’’. 

Sec. 202. Submission of Biometric and Biographic Data; Background Checks. Section 202 requires all applicants to provide biometric and biographic data, and prohibits approval of an application unless security and criminal background checks are completed 

to the Secretary of Homeland Security’s satisfaction. 

Sec. 203. Limitation on Removal; Application and Fee Exemption; 

Waiver of Grounds for Inadmissibility and Other Conditions on Eligible Individuals. Section 203(a) prohibits the removal of an individual who appears to be prima facie eligible for relief under the 

Act until a final decision establishing ineligibility for relief is rendered. 

Section 203(b) allows an individual who has been ordered removed or granted voluntary departure to apply for status without 

having to file a motion to reopen or other pleading with the immigration court. If the application is approved, the Secretary must 

cancel the order of removal or voluntary departure. If the Secretary 

renders a final decision to deny the application, the removal or voluntary departure order shall remain in effect. 

Section 203(c) provides for a fee exemption for applicants who: 

(1) are younger than age 18; (2) receive an income level at less 

than 150 percent of the poverty line; (3) are in foster care or lack 

familial support; or (4) cannot care for themselves due to a serious, 

chronic disability. 

Section 203(d) provides the Secretary with discretionary authority to waive the following grounds of inadmissibility under INA section 212(a) for humanitarian purposes, family unity, or because a 

waiver is otherwise in the public interest: health-related grounds, 

alien smuggling, student visa abuse, or unlawful voting. 

Section 203(e) allows applicants for adjustment of status under 

the Act to apply for advance parole (advance permission to return 

to the United States after travel abroad). 

Section 203(f) allows individuals to apply for work authorization 

if their removal is stayed, if they may not be placed in removal proceedings, or if they have an application pending under the Act. 

Sec. 204. Determination of Continuous Presence and Residence. 

Section 204(a) states that any period of continuous physical presence or continuous residence does not terminate when an individual is served with a notice to appear. 

Section 204(b) states that an individual will have failed to maintain continuous physical presence if the individual departed the 

United States for any period exceeding 90 days or 180 days in the 

aggregate. An individual will have failed to maintain continuous 

residence if the individual departed the United States for any period exceeding 180 days, unless the individual can demonstrate 

that he or she did not in fact abandon residence. Travel authorized 

by the Secretary is excluded from consideration, and time spent 

outside the United States that exceeds these limitations may be excused for extenuating circumstances. 


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Section 204(c) allows the Secretary to waive—for humanitarian 

purposes, family unity, or if otherwise in the public interest—the 

physical presence requirement for purposes of conditional permanent residence for an individual who was removed or departed the 

United States on or after January 20, 2017, and was continuously 

physically present in the United States for four years prior to the 

removal or departure. This section requires the Secretary to consult 

with the Department of State and establish a procedure for individuals to apply for relief from outside the United States if they would 

have been eligible for conditional permanent residence but for their 

removal or departure. 

Sec. 205. Exemption from Numerical Limitations. Section 205 

states that there is no numerical limitation on the number of people who may be granted permanent resident status under the Act. 

Sec. 206. Availability of Administrative and Judicial Review. Section 206(a) directs the Secretary to create, within 30 days of the 

date of enactment, an administrative review procedure for individuals whose applications are denied or whose status is revoked. Section 206(b) provides for judicial review in federal district court for 

applicants who are denied or have had their status revoked. 

Section 206(c) provides for judicial review of applications that are 

provisionally denied under the Secretary’s non-delegable discretionary authority. Such applicants have 60 days to seek review in 

a federal district court. The provisional denial is subject to de novo 

review based solely on the administrative record unless the applicant chooses to supplement the record. If the applicant supplements the record, the Secretary shall have the opportunity to respond with additional evidence. Applicants seeking review under 

this subsection have the right to counsel and shall be appointed 

counsel at their request. Appointed counsel is funded through the 

collection of fees associated with applications under the Act. 

Section 206(d) states that applicants seeking administrative or 

judicial review under the Act may not be removed until a final decision on the application for relief is rendered, except that an individual may be removed on criminal or national security grounds 

pending judicial review. An individual removed who prevails on judicial review shall be promptly returned to the United States. 

Sec. 207. Documentation Requirements. Section 207 sets forth the 

types of documentation that applicants may submit as proof of eligibility for relief under the Act in the following categories: Documents Establishing Identity; Documents Establishing Entry, Continuous Physical Presence, and Lack of Abandonment of Residence; 

Documents Establishing Admission to an Institution of Higher 

Education; Documents Establishing Receipt of a Degree From an 

Institution of Higher Education; Documents Establishing Receipt of 

High School Diploma, General Educational Development Credential, or a Recognized Equivalent; Documents Establishing Enrollment in an Educational Program; Documents Establishing Exemption From Application Fees; Documents Establishing Qualification 

for Hardship Exemption; Documents Establishing Service in the 

Uniformed Services; and Documents Establishing Earned Income. 

Section 207(k) allows the Secretary to prohibit or restrict the use 

of documents that are deemed unreliable for purposes of establishing identity, as well as other documents if the Secretary deterVerDate Sep 11 2014 06:56 May 31, 2019 Jkt 089006 PO 00000 Frm 00048 Fmt 6659 Sfmt 6602 E:\HR\OC\HR098.XXX HR098

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mines that relief under the Act is being obtained fraudulently to 

an unacceptable degree. 

Sec. 208. Rulemaking. Section 208 requires the Secretary to publish interim regulations not later than 90 days after enactment. 

Final regulations must be published 180 days after the interim regulations are published. 

Sec. 209. Confidentiality of Information. Section 209 prohibits the 

Secretary from: (1) disclosing or using application information (including information provided during administrative or judicial review) or in DACA requests for immigration enforcement purposes; 

or (2) referring applicants to U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection, or any designee 

of such agency based solely on such information. Information may 

be shared with federal security and law enforcement agencies for 

assistance in the consideration of an application under the Act, to 

identify or prevent fraud, for national security purposes, or for the 

investigation or prosecution of any felony not related to immigration status. A fine of up to $10,000 shall be imposed upon any person who knowingly uses, publishes or permits information to be examined in violation of this section. 

Sec. 210. Grant Program to Assist Eligible Applicants. Section 

210 authorizes appropriations and directs the Secretary to establish a program to award competitive grants to nonprofit organizations to provide services to eligible applicants, including for the following purposes: to provide information on eligibility, to screen prospective applicants for eligibility, to prepare and submit applications and supporting documentation, to provide information on the 

rights and responsibilities of U.S. citizenship, and to provide instruction to individuals in civics and English as a second language. 

Sec. 211. Provisions Affecting Eligibility for Adjustment of Status. 

Section 211 states that eligibility for relief under the Act does not 

preclude an individual from seeking any other status for which the 

individual might be eligible. 

Sec. 212. Supplementary Surcharge for Appointed Counsel. Except where an individual is eligible for a fee exemption, and excluding biometrics collection, a $25 surcharge is imposed an all applications for deposit into an ‘‘Immigration Counsel Account’’ to provide 

appointed counsel under the Act. This section also requires the Secretary to submit a report to Congress on the status of the account 

every two years. 

Sec. 213. Annual Report on Provisional Denial Authority. Section 

213 requires the Secretary to submit annual reports to Congress 

with data and statistics on provisional denials issued pursuant to 

section 101(c)(3). 


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1 Amendment in the Nature of a Substitute to H.R. 2820, 116th Cong. (Dream Act of 2019). 

2 Id. at § 101(a)(1). 3 Id. at § 101(c)(1)(A). 4 Id. at § 101(c)(1)(B). 

Dissenting Views 

H.R. 2820, The ‘‘DREAM Act of 2019’’ 

H.R. 2820 1 provides green cards (and thus a special path to citizenship) to millions of aliens currently living in the U.S. illegally— 

whether they are recipients of deferred action under President 

Obama’s Deferred Action for Childhood Arrivals (DACA) Program 

or not. To be eligible for DACA, an individual had to prove they 

entered the U.S. before the age of 16, on or before June 15, 2007, 

were physically present in the U.S. from that date until June 15, 

2012, had no lawful immigration status on that date, and were 

under 31 years of age as of June 15, 2012. H.R. 2820 is much 

broader than that, covering any individual who entered the U.S. 

under the age of 18—not 16—and who is present for four years 

prior to the date of enactment.2 H.R. 2820 would therefore provide 

green cards to the unaccompanied alien children who entered the 

United States during the surges of 2013 and 2014, who were likely 

incentivized to illegally enter in the first place due to the establishment of DACA In addition, the bill contains no upper age limit, so 

even an alien who entered the U.S. illegally 30 or 40 years ago 

could be granted a green card. 

As written, H.R. 2820 places the interests of those who violated 

U.S. immigration law above the interests of those who waited, or 

have been waiting, in many cases for many years, to enter this 

country legally. 

As written, H.R. 2820 contains no enforcement provisions, and is 

simply a vehicle designed to give green cards to the greatest number of people possible. Meanwhile, our country is witnessing a security and humanitarian crisis on the border, as each successive 

month we are seeing unprecedented numbers of family units and 

unaccompanied alien children encountered by Customs and Border 

Protection personnel. The sheer volume of people coming is overwhelming border infrastructure. 

Yet in the midst of a true crisis, H.R. 2820 does nothing whatsoever to address the resource needs of our law enforcement personnel on the border, nor will it do anything to address the root 

causes of the legal loopholes in U.S. immigration law that act as 

pull factors and have created a de facto system of catch-and-release. In fact, by providing such a wide-ranging amnesty with no 

enforcement measures, H.R. 2820 will only incentivize further illegal immigration and is sure to exacerbate the crisis on the border. 

H.R. 2820, as written, would put criminal aliens on the fast track 

to a green card. Under H.R. 2820, an alien is eligible for conditional resident status—a prerequisite to obtaining permanent resident status—if they are not inadmissible under the criminal 

grounds of removability contained at section 212(a)(2) of the Immigration and Nationality Act (‘‘INA’’),3 and provided they have not 

been convicted of one felony or three misdemeanors.4

Worryingly, these criminal exclusions contain loopholes for aliens 

convicted of only one or two serious misdemeanors. For example, 


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5 National Highway Traffic Safety Administration. ‘‘Traffic Safety Facts 2017. Alcohol-Impaired Driving.’’ Available at https://crashstats.nhtsa.doLgov/Api/PublicNiewPublication/812630. 6Mothers Against Drunk Driving Statistics, available at https://www.madd.org/statistics/. 

7 Id at § 101(c)(2)(A). 

8 INA § 212(a)(2)(A), (C), and (D). 

9 Amendment in the Nature of a Substitute to H.R. 2820, 116th Cong (Dream Act of 2019) 

at § 101(c)(2)(A). 10 Id. at § 101(c)(2)(A). 11 Id. at § 101(c)(3). 

an alien convicted of only one or two misdemeanor firearms offenses would be eligible for benefits under H.R. 2820 without having to obtain any waiver, as section 212(a)(2) of the INA contains 

no inadmissibility ground premised on a firearms conviction. Republicans offered an amendment at the markup to exclude aliens 

convicted of a single misdemeanor firearm conviction, but this was 

rejected by Democrats. 

Moreover, an alien convicted of multiple driving under the influence of alcohol or drugs (DUI) misdemeanor offenses would still be 

eligible for benefits under H.R. 2820 without having to apply for 

any waiver. Drunk driving is an extremely dangerous crime that 

kills thousands of people in the United States every year and injures hundreds of thousands.5 The average drunk driver has driven 

drunk over 80 times before their first arrest for DUI.6 Such dangerous conduct should not be rewarded with a green card. Republicans offered an amendment at the markup to exclude aliens convicted of a single misdemeanor DUI offense if the alien’s conduct 

caused injury to another person, or two misdemeanor DUI offenses 

regardless of injury, but this was rejected by Democrats. 

A broad waiver provision permits criminal inadmissibility to be 

waived merely ‘‘[f]or humanitarian purposes, family unity, or if otherwise in the public interest . . .’’ 7 The waiver applies to certain 

212(a)(2) grounds of inadmissibility, including crimes involving 

moral turpitude, controlled substance convictions, controlled substance trafficking, and prostitution and commercialized vice.8 Importantly, the waiver pertains to the applicable grounds of inadmissibility,9 not a single conviction, meaning an alien can have two 

convictions qualifying as crimes involving moral turpitude or controlled substance offenses and still be eligible for benefits under 

H.R. 2820 with a waiver. 

Additionally, up to two misdemeanors may be waived ‘‘[f]or humanitarian purposes, family unity, or if otherwise in the public interest . . .’’ 10 merely if the alien has not been convicted of an offense in the preceding 5-year period for one, or 10-year period for 

another, regardless of how many arrests the alien has obtained in 

the interim. Thus, an alien can be convicted of four misdemeanors 

with another charge pending pre-conviction and still be eligible for 

benefits under H.R. 2820. 

At the markup, Democrats indicated such aliens might be 

deemed public safety risks and excluded from benefits, but that is 

simply not the case because of the severe limitations the bill places 

on the Secretary’s ability to ‘‘provisionally deny’’ benefits to aliens 

deemed to be public safety risks. The provisional denial provision 

is unworkable as written.11 First, the provision can only be used 

if the alien has a conviction or has been adjudicated delinquent, 


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12 Id. at § 101(c)(3)(B)(I) and (II). 13 Id. at § 101(b)(1) ‘‘ . . . the Secretary or the Attorney General shall cancel the removal of, 

and adjust to the status of an alien lawfully admitted for permanent residence on a conditional 

basis . . .’’ (emphasis added). 14 Id. at § 101(c)(3)(A) ‘‘ . . . the Secretary of Homeland Security may, as a matter of non-delegable discretion, provisionally deny. . .’’ (emphasis added). 15https://www.dhs.gov/about-dhs. 16 Id. 17 Amendment in the Nature of a Substitute to H.R. 2820, 116th Cong (Dream Act of 2019) 

at § 101(c)(3)(F). 18 Id. at §§ 101(c)(3)(G), 206(c). 19 Id. at 206(c). 20 Id. 21 Id. at § 101(c)(3)(A). 22 Id. at § 101(c)(3)(F). 23 Id. at § 101(c)(3)(G). 24 Id. at § 206(c). 25 Id. at § 101(c)(3)(E) ‘‘EVIDENTIARY LIMITATION’’. 

and that conviction has to be related to the risk to public safety.12

The Secretary’s hands are tied in the case of aliens arrested of heinous crimes who otherwise qualify for benefits under H.R. 2820; 

they must be granted as the Secretary has no discretion to deny 

in those cases.13 Second, the Secretary of Homeland Security may 

not delegate the authority to provisionally deny an application,14

meaning the Secretary him/herself—not an adjudicator, not a supervisor, not even the head of a component agency—would have to 

review any application that potentially indicated a public safety 

risk to exercise the authority to ‘‘provisionally deny’’. The Secretary 

of Homeland Security has an enormous amount of responsibility, 

including supervision of over 240,000 employees in multiple component agencies.15 Immigration benefits are only one of these responsibilities, as the mission of the Department of Homeland Security 

also includes border security, disaster preparedness and response, 

election security, critical infrastructure, cybersecurity, and protecting civil rights and liberties.16 Third, even if the Secretary is 

able to deny an application, the denial is only provisional while the 

alien is entitled to an extensive review procedure,17 including the 

ability to take the Secretary to federal court.18 In federal court, the 

alien is provided with a free attorney 19—paid for by a surcharge 

on other applications—to challenge the Secretary’s determination 

in a de novo review.20 Simply put, this provisional denial is fundamentally flawed and as written could only be used in the most 

limited of circumstances. 

Democrats at the markup also stated that H.R. 2820 prevents 

gang members from obtaining green cards but, again, the provisional denial authority for gang members is so limited it will only 

be used in a handful of cases. In addition to the Secretary being 

unable to delegate the authority to provisionally deny an application for a gang member,21 and in addition to the extensive review 

process,22 federal court review,23 and free attorney 24 to challenge 

the Secretary’s decision, the bill explicitly states that ‘‘allegations 

of gang membership obtained from a State or Federal in-house or 

local database, or a network of databases used for the purpose of 

recording and sharing activities of alleged gang members across 

law enforcement agencies, shall not establish [gang participation].’’ 25 And according to the Democrats’ own markup memo, the 

bill ‘‘prohibits the use of gang databases to establish gang participation.’’ Republicans offered an amendment at the markup to make 


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26 Id. at § 101(c)(1)(B)(iii). 27 Id. at 101(c)(4)(C). 28See, e.g., Matter of Velasquez, 25 I&N Dec 278 (BIA 2010) (‘‘The misdemeanor offense of 

assault and battery against a family or household member in violation of section 18.2–57 2(A) 

of the Virginia Code Annotated is not categorically a crime of violence . . . and therefore not 

categorically a crime of domestic violence . . . ’’). 29See Matter of Wu, 27 I&N Dec. 8, 10 (BIA 2017) (‘‘It is well established that simple assault 

or battery . . . Is not considered to involve moral turpitude’’) citing Matter of Fualaau, 21 I&N 

Dec. 475, 477 (BIA 1996). 30 INA § 101(a)(48)(A). 31 Amendment in the Nature of a Substitute to H.R. 2820, 116th Cong. (Dream Act of 2019) 

at § 101(c)(4)(D). 32 Id. at § 207. 33 Id. at § 209. 

gang members and participants ineligible for benefits via H.R. 

2820, bypassing the ‘‘provisional denial’’ provision completely, and 

explicitly authorizing adjudicators to consider any and all evidence 

of gang membership or participation No Democrats voted for the 

amendment and the amendment failed. 

H.R. 2820 also purports to exclude individuals convicted of domestic violence offenses,26 however, domestic violence is defined as 

a ‘‘crime of violence,’’ meaning the underlying offense ‘‘has as an 

element the use, attempted use, or threatened use of physical force 

against a person’’ 27 This excludes simple assaults, which can form 

the predicate offense of domestic violence in several states.28

Where simple assault is also not a crime involving moral turpitude,29 an alien convicted of a domestic violence offense in a state 

where such conduct is predicated on a simple assault will be eligible for benefits under H.R. 2820, so long as they only have one or 

two misdemeanor convictions. Thus, H.R. 2820 does not exclude all 

aliens convicted of domestic violence. 

H.R. 2820 does not incorporate the definition of ‘‘conviction’’ already contained in the Immigration and Nationality Act.30 H.R. 

2820 ignores convictions that were ‘‘expunged or set aside, that resulted in a rehabilitative disposition, or the equivalent.’’ 31

Expungement can occur in some states merely because of the passage of time. The definition in H.R. 2820 also means aliens in 

states where governors expunge a conviction to get around immigration law would get a green card, notwithstanding their criminal 

history. This is especially unacceptable as the definition of ‘‘conviction’’ contained in the INA—which does include expunged convictions—applies to every other alien applying for an immigration 

benefit, including permanent residence. Once again, this bill places 

illegal immigrants in a better place than legal immigrants There 

should not be a double standard for convicted criminals, and the 

definition in the INA should apply. 

H.R. 2820 will also incentivize the filing of fraudulent applications H.R. 2820 permits various categories of low-reliability evidence to be submitted in support of an application, including mere 

affidavits.32 H.R 2820 also contains an expansive confidentiality 

provision 33 that prevents information contained in an application 

from being used for law enforcement purposes. Similar confidentiality provisions in the 1986 Special Agricultural Worker amnesty 

program incentivized widespread fraud in the program and have 

hampered law enforcement efforts. Moreover, aliens found to be ineligible and removable are prohibited from being referred to U.S. 

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34 Id. at § 209(b). 35 Id. at § 101(e). 36 Id. 37 8 C.F.R. § 244 16. 

tions.34 H.R. 2820 also contains a provision expressly permitting an 

alien to withdraw their application at any time, merely by making 

a request, which the Secretary has no discretion to ignore.35 The 

withdrawal ‘‘shall not prejudice any future application filed by the 

applicant for any immigration benefit under this Act or under the 

Immigration and Nationality Act . . .’’ 36 meaning an alien can file 

a fraudulent application, and once they are caught simply request 

to withdraw their application with no consequences—criminal or 

immigration-related. Since there are no consequences for filing a 

fraudulent application, H.R. 2820 incentivizes filing fraudulent applications on the chance that an alien could be granted a green 

card. Republicans offered an amendment to replace the confidentiality provision in H.R. 2820 with the confidentiality provisions applicable to applications for Temporary Protected Status (TPS),37

which would allow information from applications to be shared for 

law enforcement purposes, but would have protected information 

from third party requestors. Hundreds of thousands, if not over a 

million, aliens have applied for TPS over the years notwithstanding 

the confidentiality requirements, indicating such a provision would 

not prevent eligible applicants from applying for benefits under 

H.R. 2820. However, Democrats uniformly opposed this amendment 

as well, and the amendment failed. 

Despite the fact that proponents of DREAM Act legislation have 

long claimed such legislation provides a path to citizenship for immigrants brought here as children by their parents though no fault 

of their own, nothing in the bill requires the applicant to show he 

or she even entered the United States with a parent. In addition, 

for those aliens who were in fact brought to the country by their 

parents—who, of course, knowingly violated U.S. immigration 

law—H.R. 2820 actually rewards those parents by not precluding 

them from getting a green card—and eventually U S. citizenship— 

based on the green card the child is granted under the bill. 

These issues above only illustrate some of the major problems 

with H.R. 2820. This bill is clearly designed as a political maneuver 

that has no chance of being taken up by the Senate or signed by 

the President. If the Democrat majority actually cared about granting lawful status to the DACA population or some other population, 

they would have worked with Republicans to ensure that we address the crisis on our border, and would have included enforcement measures in the bill. As written, the bill once again reveals 

the Democrat majority places the interests of illegal immigrants 

above those of lawful immigrants who must follow the normal process. If Democrats actually cared about ensuring the integrity of our 

immigration system, reducing fraud, and ensuring criminals do not 

exploit loopholes in their bill, they would have accepted Republican 

amendments on firearms convictions, DUIs, gang members, and replacing the confidentiality provisions, among others. 


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We urge our colleagues to reject this bill. 

DOUG COLLINS, 

Ranking Member. 

MARTHA ROBY. 

ANDY BIGGS. 

GUY RESCHENTHALER. 

W. GREGORY STEUBE. 

STEVE CHABOT. 

MATT GAETZ. 

TOM MCCLINTOCK. 

BEN CLINE. 

Æ 


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