II 

118TH CONGRESS 

1ST SESSION S. 819 

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

community trust, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 15, 2023 

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

referred to the Committee on the Judiciary 

A BILL 

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

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Fairness for Immigrant Families Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—PROTECTING IMMIGRANT FAMILIES 


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Subtitle A—Expansion of Admissibility 

Sec. 101. Promoting family unity. 

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

United States for adjustment of status. 

Subtitle B—Relief From Removal 

Sec. 111. Individuals previously removed. 

Sec. 112. Expansion of cancellation of removal. 

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

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

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

Citizens 

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

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

Sec. 123. Report on United States citizens detained or deported. 

Sec. 124. Protections for United States citizen children abroad. 

TITLE II—COMBATING FRAUD AND PROMOTING CITIZENSHIP 

Sec. 201. Combating immigration services fraud. 

Sec. 202. Requirements for immigration consultants. 

Sec. 203. Fee and backlog transparency. 

Sec. 204. National Office for New Americans. 

TITLE III—BUILDING COMMUNITY TRUST 

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

Sec. 302. Semiannual report on certain enforcement actions. 

Sec. 303. Rule of construction. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) Immigration plays a defining role in the 

4 identity of the United States. Families throughout 

5 the United States have roots in the immigration ex6 perience of earlier generations of immigrants who 

7 came to the United States seeking better opportuni8 ties, safety from persecution, and ultimately, a 

9 chance at the American dream. 


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1 (2) While the ancestors of some families arrived 

2 centuries ago, other families are continuing that tra3 dition today. Approximately 38,000,000 second-gen4 eration Americans are living in the United States. 

5 As of 2020, 17,800,000 children in the United 

6 States, or 26 percent, lived with 1 or more immi7 grant parents. Just over 1 in 4 residents of the 

8 United States is an immigrant or the child of immi9 grants. As of 2020, immigrants account for 13.7 

10 percent of the United States population. 

11 (3) In the United States— 

12 (A) 16,700,000 individuals live in a house13 hold with 1 or more family members who are 

14 not authorized to be in the United States; 

15 (B) 5,900,000 United States citizen chil16 dren live in a household with 1 or more family 

17 members who are not authorized to be in the 

18 United States; and 

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

20 in a household with 1 or more family members 

21 who are not authorized to be in the United 

22 States. 

23 (4) Children of immigrants are the future work24 ers, leaders, voters, parents, and taxpayers of the 


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1 United States and are critical to the health and well2 being of the United States. 

3 (5) Second-generation Americans closely reflect 

4 or exceed the national average household income, 

5 homeownership rate, and college graduation rate. 

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

7 generations of immigrant families have contributed 

8 to their communities in the United States and will 

9 continue to do so, including as essential workers who 

10 keep the United States running at great risk to 

11 themselves and their families. 

12 (7) Immigrants play a critical role in the 

13 United States economy, and providing a path to citi14 zenship for undocumented immigrants is a necessary 

15 part of maintaining the economic strength of the 

16 United States. 

17 (8) Immigrant entrepreneurs account for al18 most 30 percent of all new entrepreneurs in the 

19 United States, and immigrants are almost twice as 

20 likely as the United States-born population to be21 come entrepreneurs. 

22 (9) Undocumented immigrants contribute over 

23 $11,000,000,000 in State and local taxes each year. 


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1 (10) Removing undocumented residents from 

2 mixed-status households cuts the median income of 

3 such households by 47 percent. 

4 (11) Removing all undocumented workers from 

5 the workforce would reduce cumulative gross domes6 tic product over 10 years by $4,700,000,000,000. 

7 (12) Approximately 1,200,000 mortgages are 

8 held by households with 1 or more undocumented in9 dividuals. 

10 (13) Indiscriminate immigration enforcement 

11 and the threat of immigration enforcement nega12 tively impact the health, development, and well-being 

13 of children at risk of separation from a loved one 

14 due to detention or removal from the United States. 

15 Neurobiological research demonstrates the acute and 

16 lasting trauma that family separation, and the 

17 threat of separation, causes in children, such as 

18 changes in the architecture of the brain and in19 creased likelihood to experience emotional and be20 havioral issues, depression, anxiety, post-traumatic 

21 stress disorder, and suicidal ideation. 

22 SEC. 3. DEFINITIONS. 

23 In this Act: 

24 (1) IN GENERAL.—Except as otherwise specifi25 cally provided, any term used in this Act that is 


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1 used in the immigration laws shall have the meaning 

2 given the term in the immigration laws. 

3 (2) DACA RECIPIENT.—The term ‘‘DACA re4 cipient’’ means an alien who has been granted de5 ferred action pursuant to the memorandum of the 

6 Department of Homeland Security entitled ‘‘Exer7 cising Prosecutorial Discretion with Respect to Indi8 viduals Who Came to the United States as Chil9 dren’’ issued on June 15, 2012. 

10 (3) IMMIGRATION LAWS.—The term ‘‘immigra11 tion laws’’ has the meaning given the term in section 

12 101(a) of the Immigration and Nationality Act (8 

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

14 TITLE I—PROTECTING 

15 IMMIGRANT FAMILIES 

16 Subtitle A—Expansion of 

17 Admissibility 

18 SEC. 101. PROMOTING FAMILY UNITY. 

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

20 AND MODIFICATION OF PERMANENT BAR.—Section 

21 212(a)(9) of the Immigration and Nationality Act (8 

22 U.S.C. 1182(a)(9)) is amended— 

23 (1) by striking subparagraph (B); 

24 (2) by redesignating subparagraph (C) as sub25 paragraph (B); and 


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

2 (A) by amending clause (i) to read as fol3 lows: 

4 ‘‘(i) IN GENERAL.—Any alien who 

5 knows he or she has received a final order 

6 of removal under section 240, and who en7 ters or attempts to reenter the United 

8 States without being admitted, is inadmis9 sible.’’; 

10 (B) by amending clause (ii) to read as fol11 lows: 

12 ‘‘(ii) EXCEPTIONS.— 

13 ‘‘(I) CONSENT TO REAPPLICA14 TION FOR ADMISSION.—Clause (i) 

15 shall not apply to an alien seeking ad16 mission on a date that is more than 3 

17 years after the date on which the alien 

18 last departed the United States if the 

19 Secretary of Homeland Security has 

20 consented to a reapplication for ad21 mission by the alien. 

22 ‘‘(II) MINORS.—Clause (i) shall 

23 not apply to an alien who is under 21 

24 years of age. 


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1 ‘‘(III) ASYLEES.—Clause (i) shall 

2 not apply to an alien who has a bona 

3 fide application for asylum pending 

4 under section 208 or a bona fide ap5 plication for withholding of removal 

6 under section 241(b)(3). 

7 ‘‘(IV) FAMILY UNITY.—Clause (i) 

8 shall not apply to an alien who is a 

9 beneficiary of family unity protection 

10 pursuant to section 301 of the Immi11 gration Act of 1990 (8 U.S.C. 1255a 

12 note). 

13 ‘‘(V) VICTIMS OF A SEVERE

14 FORM OF TRAFFICKING IN PER15 SONS.—Clause (i) shall not apply to 

16 an alien who demonstrates that 1 or 

17 more severe forms of trafficking in 

18 persons (as defined in section 103 of 

19 the Trafficking Victims Protection Act 

20 of 2000 (22 U.S.C. 7102)) was a cen21 tral reason for the unlawful presence 

22 of the alien in the United States. 

23 ‘‘(VI) ALIENS WHO ENTERED AS

24 CHILDREN.—Clause (i) shall not apply 

25 to an alien who— 


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1 ‘‘(aa) is the beneficiary of 

2 an approved petition under sec3 tion 101(a)(15)(H); 

4 ‘‘(bb)(AA) is in school, has 

5 graduated from high school, has 

6 obtained a general education de7 velopment certificate recognized 

8 under State law or a high school 

9 equivalency diploma; or 

10 ‘‘(BB) is serving in the 

11 armed forces (as defined in sec12 tion 101(a) of title 10, United 

13 States Code) or is an honorably 

14 discharged veteran of the armed 

15 forces; and 

16 ‘‘(cc) had not yet reached 

17 the age of 16 years on the date 

18 on which the alien initially en19 tered the United States.’’; and 

20 (C) in clause (iii)— 

21 (i) by redesignating subclauses (I) and 

22 (II) as items (aa) and (bb), respectively, 

23 and moving such items, as redesignated, 2 

24 ems to the right; 


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1 (ii) by striking the clause designation 

2 and heading and all that follows through 

3 ‘‘Security’’ and insert the following: 

4 ‘‘(iii) WAIVERS.— 

5 ‘‘(I) VAWA SELF-PETI6 TIONERS.—The Attorney General or 

7 the Secretary of Homeland Security, 

8 as applicable,’’; and 

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(II) EXTREME HARDSHIP.—The 

12 Attorney General or the Secretary of 

13 Homeland Security may, in the discre14 tion of the Attorney General or the 

15 Secretary, waive clause (i) in the case 

16 of an alien who is the parent, spouse, 

17 or son or daughter of a United States 

18 citizen or of an alien lawfully admit19 ted for permanent residence if it is es20 tablished to the satisfaction of the At21 torney General or the Secretary that a 

22 denial of admission to the alien would 

23 result in extreme hardship to the 

24 United States citizen or lawfully ad25 mitted permanent resident son or 


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1 daughter, spouse, or parent of the 

2 alien.’’. 

3 (b) MISREPRESENTATION OF CITIZENSHIP.—The 

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

5 is amended— 

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

7 (A) in subsection (a)(6)(C)— 

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

9 follows: 

10 ‘‘(ii) MISREPRESENTATION OF CITI11 ZENSHIP.— 

12 ‘‘(I) IN GENERAL.—Any alien 

13 who knowingly and willfully misrepre14 sents, or has knowingly and willfully 

15 misrepresented, himself or herself to 

16 be a citizen of the United States for 

17 any purpose or benefit under this Act 

18 (including section 274A) or any Fed19 eral or State law is inadmissible. 

20 ‘‘(II) EXCEPTION.—In the case 

21 of an alien who was under the age of 

22 21 years at the time of making a mis23 representation described in subclause 

24 (I), the alien shall not be considered 

25 to be inadmissible under any provision 


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1 of this subsection based on such mis2 representation.’’; and 

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

4 clause (i)’’; and 

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

6 as follows: 

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

8 Homeland Security may, in the discretion of the Attorney 

9 General or the Secretary, waive the application of sub10 section (a)(6)(C) in the case of an alien who is the parent, 

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

12 of an alien lawfully admitted for permanent residence and 

13 in the case of an alien who is an alien granted classifica14 tion under clause (iii) or (iv) of section 204(a)(1)(A), if 

15 it is established to the satisfaction of the Attorney General 

16 or the Secretary that the admission to the United States 

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

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

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

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

21 ‘‘(D) MISREPRESENTATION OF CITIZEN22 SHIP.— 

23 ‘‘(i) IN GENERAL.—Any alien who 

24 knowingly and willfully misrepresents, or 

25 has knowingly and willfully misrepresented, 


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1 himself or herself to be a citizen of the 

2 United States for any purpose or benefit 

3 under this Act (including section 274A) or 

4 any Federal or State law is deportable. 

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

6 alien who was under the age of 21 years 

7 at the time of making a misrepresentation 

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

9 be considered to be deportable under any 

10 provision of this subsection based on such 

11 misrepresentation.’’. 

12 (c) CONFORMING AMENDMENTS.— 

13 (1) Section 214(q) of the Immigration and Na14 tionality Act (8 U.S.C. 1184(q)) is amended— 

15 (A) by striking paragraph (2); 

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

17 ‘‘paragraphs (6)(A), (7), and (9)(B)’’ and in18 serting ‘‘paragraphs (6)(A) and (7)’’; and 

19 (C) by redesignating paragraph (3) as 

20 paragraph (2). 

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

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

23 amended by striking ‘‘(7)(A), and (9)(B)’’ and in24 serting ‘‘and (7)(A)’’. 


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1 (3) Section 248(a) of the Immigration and Na2 tionality Act (8 U.S.C. 1258(a)) is amended, in the 

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

4 who is not inadmissible under section 

5 212(a)(9)(B)(i)’’ and all that follows through ‘‘sec6 tion 212(a)(9)(B)(v))’’. 

7 SEC. 102. EXTENSION OF THE APPLICATION PERIOD FOR 

8 CERTAIN ALIENS PRESENT IN THE UNITED 

9 STATES FOR ADJUSTMENT OF STATUS. 

10 Section 245(i) of the Immigration and Nationality 

11 Act (8 U.S.C. 1255(i)) is amended— 

12 (1) in paragraph (1)— 

13 (A) in subparagraph (A), in the undesig14 nated matter following clause (ii), by striking 

15 the semicolon and inserting ‘‘; and’’; 

16 (B) in subparagraph (B)— 

17 (i) in clause (i), by striking ‘‘April 30, 

18 2001’’ and inserting ‘‘the date that is not 

19 later than 5 years after the date of the en20 actment of the Fairness for Immigrant 

21 Families Act’’; and 

22 (ii) in clause (ii), by striking ‘‘; and’’ 

23 and inserting a period; and 

24 (C) by striking subparagraph (C); and 


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1 (2) by amending paragraph (3)(B) to read as 

2 follows: 

3 ‘‘(B) Any remaining portion of such fees remit4 ted under such paragraphs shall be deposited into 

5 the Immigration Examinations Fee Account estab6 lished under section 286(m).’’. 

7 Subtitle B—Relief From Removal 

8 SEC. 111. INDIVIDUALS PREVIOUSLY REMOVED. 

9 (a) DISCRETIONARY REINSTATEMENT OF REMOVAL

10 ORDERS.—Section 241(a)(5) of the Immigration and Na11 tionality Act (8 U.S.C. 1231(a)(5)) is amended— 

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

13 inserting the following: 

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

15 subparagraph (B), if the Secretary of Home16 land Security’’; and 

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

18 ‘‘(B) EXCEPTIONS.— 

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

20 shall not apply to an alien— 

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

22 of 21 years on the date on which the 

23 alien reenters the United States; or 

24 ‘‘(II) the reinstatement of the 

25 prior order of removal of whom— 


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1 ‘‘(aa) is not in the public in2 terest; 

3 ‘‘(bb) would result in hard4 ship to the United States citizen 

5 or lawful permanent resident par6 ent, spouse, or child of the alien; 

7 or 

8 ‘‘(cc) would prevent consid9 eration of an application for asy10 lum that has not been previously 

11 adjudicated. 

12 ‘‘(ii) RULE OF CONSTRUCTION.—For 

13 purposes of this paragraph, family separa14 tion shall be considered— 

15 ‘‘(I) not in the public interest; 

16 and 

17 ‘‘(II) a hardship.’’. 

18 (b) MOTIONS TO REOPEN AND RECONSIDER.—Sec19 tion 240(c) of the Immigration and Nationality Act (8 

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

21 following: 

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

23 STATES CITIZENS.— 


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

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

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

6 under paragraph (6) or a motion to reopen 

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

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

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

13 is— 

14 ‘‘(i) outside the United States after 

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

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

20 citizen of the United States or an alien 

21 lawfully admitted for permanent residence. 

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

24 or continuous residence requirement for relief 

25 under the immigration laws, with respect to an 


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1 alien described in subparagraph (B), a period 

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

4 to voluntarily depart the United States on or 

5 after January 20, 2017, shall not be considered 

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

7 continuous residence in the United States.’’. 

8 SEC. 112. EXPANSION OF CANCELLATION OF REMOVAL. 

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

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

11 (1) in subsection (b)— 

12 (A) in paragraph (1)— 

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

14 ‘‘10’’ and inserting ‘‘7’’; and 

15 (ii) by amending subparagraph (D) to 

16 read as follows: 

17 ‘‘(D) establishes that removal would result 

18 in extreme hardship to— 

19 ‘‘(i) the alien; or 

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

21 child who is a citizen of the United States 

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

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


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1 ‘‘(7) WAIVER OF EXTREME HARDSHIP.—The 

2 Attorney General or the Secretary of Homeland Se3 curity may, in the discretion of the Attorney General 

4 or the Secretary, waive the application of subsection 

5 (b)(1)(D) in the case of an alien who is the parent, 

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

7 or of an alien lawfully admitted for permanent resi8 dence and in the case of an alien who is an alien 

9 granted classification under clause (iii) or (iv) of sec10 tion 204(a)(1)(A), if it is established to the satisfac11 tion of the Attorney General or the Secretary that 

12 the admission to the United States of such alien 

13 would not be contrary to the national welfare, safety, 

14 or security of the United States. 

15 ‘‘(8) AFFIRMATIVE APPLICATION PROCESS.— 

16 ‘‘(A) IN GENERAL.—The Secretary of 

17 Homeland Security may cancel the removal of, 

18 and adjust to the status of an alien lawfully ad19 mitted for permanent residence, an alien de20 scribed in paragraph (1) or (2), who— 

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

22 spouse, parent, son or daughter, or legal 

23 guardian of a citizen of the United States; 

24 and 


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1 ‘‘(ii) submits to the Secretary of 

2 Homeland Security an application at such 

3 time, in such manner, and containing such 

4 information as the Secretary may reason5 ably require. 

6 ‘‘(B) NUMERICAL LIMITATIONS.—Notwith7 standing any other provision of law, an alien 

8 admitted to the United States under this sec9 tion shall not be subject to any numerical limi10 tation.’’; and 

11 (2) by striking subsection (e). 

12 (b) REGULATIONS.—The Secretary of Homeland Se13 curity shall promulgate regulations setting forth proce14 dures and requirements with respect to the processing and 

15 adjudication of affirmative applications for cancellation of 

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

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

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

19 SEC. 113. PROHIBITION ON REMOVAL OF ALIENS WITH 

20 PENDING APPLICATIONS. 

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

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

23 (1) in the section heading, by inserting ‘‘; PRO24 HIBITION ON REMOVAL’’ after ‘‘HEARING’’; and 

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


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

2 CERTAIN PENDING PETITIONS AND APPLICATIONS.— 

3 ‘‘(1) BENEFICIARIES OF PETITIONS FOR IMMI4 GRANT VISAS.—An alien who is the beneficiary (in5 cluding a spouse or child of the principal alien, if eli6 gible to receive a visa under section 203(d)) of a pe7 tition for classification under section 204 that was 

8 filed with the Secretary of Homeland Security and 

9 who is prima facie eligible for approval may not be 

10 removed while such petition or application is pending 

11 or a decision on such petition or application is on 

12 appeal. 

13 ‘‘(2) APPLICANTS FOR CERTAIN NONIMMIGRANT

14 AND SPECIAL IMMIGRANT CLASSIFICATIONS AND

15 CANCELLATION OF REMOVAL.—An applicant for 

16 classification as a nonimmigrant described in sub17 paragraph (T), (U), or (V) of section 101(a)(15), an 

18 applicant for classification as a special immigrant 

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

20 cancellation of removal under section 240A may not 

21 be removed while such application is pending or a 

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

23 (b) CONFORMING AMENDMENT.—The table of con24 tents at the beginning of the Immigration and Nationality 


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

2 item relating to section 235 and inserting the following: 

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

3 SEC. 114. MOTIONS TO REOPEN IN CASES INVOLVING 

4 FRAUD, NEGLIGENCE, MISREPRESENTATION, 

5 EXTORTION, AND UNAUTHORIZED PRACTICE 

6 OF LAW. 

7 Section 240(c)(7)(C) of the Immigration and Nation8 ality Act (8 U.S.C. 1229a(c)(7)(C)) is amended by adding 

9 at the end the following: 

10 ‘‘(v) FRAUD, NEGLIGENCE, MISREPRE11 SENTATION, OR EXTORTION BY, OR AT12 TEMPTED, PROMISED, OR ACTUAL PRAC13 TICE OF LAW WITHOUT AUTHORIZATION

14 ON THE PART OF A REPRESENTATIVE.— 

15 Notwithstanding subparagraph (A) and 

16 clause (i), an alien may file a motion to re17 open at any time to apply for relief due to 

18 fraud, negligence, misrepresentation, or ex19 tortion by, or attempted, promised, or ac20 tual practice of law without authorization 

21 on the part of, a representative described 

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

23 of title 8, Code of Federal Regulations, or 

24 a person who claimed to be such a repVerDate Sep 11 2014 21:10 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819

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1 resentative if the alien establishes by a pre2 ponderance of the evidence such fraud, 

3 negligence, misrepresentation, or extortion 

4 by, or attempted, promised, or actual prac5 tice of law without authorization on the 

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

7 Subtitle C—Provisions Relating to 

8 Removal of Parents of United 

9 States Citizens 

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

11 PARENTS OF UNITED STATES CITIZENS. 

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

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

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

15 United States or an alien lawfully admitted for permanent 

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

17 Enforcement (referred to in this section as the ‘‘Direc18 tor’’) shall review and approve the removal of such alien. 

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

20 quarterly, the Director shall submit to Congress a report 

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

22 preceding quarter that describes the result of the review. 

23 (c) NONDELEGATION.—The Director may not dele24 gate the responsibilities under this section. 


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1 SEC. 122. REPORT ON ENFORCEMENT ACTIONS AGAINST 

2 PARENTS OF UNITED STATES CITIZENS AND 

3 DACA RECIPIENTS. 

4 With respect to alien parents of children who are citi5 zens of the United States, aliens lawfully admitted for per6 manent residence, or DACA recipients— 

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

8 enactment of this Act, the Secretary of Homeland 

9 Security shall submit to Congress a report on the 

10 number of such aliens removed from the United 

11 States during the period beginning on January 20, 

12 2017, and ending on January 20, 2021; and 

13 (2) not less frequently than quarterly, the Sec14 retary of Homeland Security shall submit to Con15 gress, for the preceding quarter, a report on— 

16 (A) the number of such aliens arrested by 

17 U.S. Immigration and Customs Enforcement or 

18 U.S. Customs and Border Protection; 

19 (B) the number of such aliens detained by 

20 U.S. Immigration and Customs Enforcement or 

21 U.S. Customs and Border Protection; 

22 (C) the number of such aliens for whom 

23 U.S. Immigration and Customs Enforcement 

24 has obtained an order of removal; 


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1 (D) the number of such aliens removed 

2 from the United States and the countries to 

3 which such aliens were removed; and 

4 (E) the number of such aliens processed 

5 through partnership programs with local law 

6 enforcement, including— 

7 (i) the Secure Communities immigra8 tion enforcement program operated by 

9 U.S. Immigration and Customs Enforce10 ment; 

11 (ii) a written agreement under section 

12 287(g) of the Immigration and Nationality 

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

14 (iii) detainers placed by U.S. Immi15 gration and Customs Enforcement. 

16 SEC. 123. REPORT ON UNITED STATES CITIZENS DETAINED 

17 OR DEPORTED. 

18 (a) INITIAL REPORT.—Not later than 90 days after 

19 the date of the enactment of this Act, the Secretary of 

20 Homeland Security shall submit to Congress a report on 

21 the number of United States citizens detained or removed 

22 from the United States during the period beginning on 

23 January 20, 2017, and ending on January 20, 2021. 

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

25 quarterly, the Secretary of Homeland Security shall subVerDate Sep 11 2014 21:10 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819

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1 mit to Congress a report on any United States citizen de2 tained or removed from the United States during the pre3 ceding quarter, including a description of the actions 

4 taken by the Secretary in response to each such detention 

5 or removal. 

6 SEC. 124. PROTECTIONS FOR UNITED STATES CITIZEN 

7 CHILDREN ABROAD. 

8 (a) REPORT ON UNITED STATES CITIZEN CHILDREN

9 ACCOMPANYING REMOVED PARENTS.— 

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

11 semiannually, the Secretary of State, with the co12 operation of the Secretary of Homeland Security, 

13 shall submit to Congress a report on known citizens 

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

15 leave the United States to accompany an alien par16 ent or legal guardian who has been removed from 

17 the United States. 

18 (2) ELEMENTS.—Each report required by para19 graph (1) shall include, for the preceding reporting 

20 period— 

21 (A) the number of such citizens of the 

22 United States; and 

23 (B) for each such citizen of the United 

24 States— 

25 (i) his or her current age; 


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•S 819 IS

1 (ii) the age at which he or she de2 parted the United States; 

3 (iii) his or her country of residence; 

4 (iv) an assessment whether— 

5 (I) either parent was deported or 

6 removed from the United States; 

7 (II) either parent remains in the 

8 United States; and 

9 (III) he or she was in foster care 

10 in the United States at any time; and 

11 (v) an identification of any pending 

12 custody case in the United States with re13 spect to such citizen, as applicable. 

14 (3) COOPERATION OF SECRETARY OF HOME15 LAND SECURITY.—The Secretary of Homeland Secu16 rity shall provide to the Secretary of State any data 

17 of the Department of Homeland Security that the 

18 Secretary of State may require to prepare the report 

19 under this subsection. 

20 (b) DIRECTORATE OF COMMUNITY OUTREACH.— 

21 There is established within the Department of State a di22 rectorate for the purpose of conducting outreach to citi23 zens of the United States under the age of 18 years who 

24 have left the United States to accompany an alien family 

25 member who has been removed from the United States. 


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1 TITLE II—COMBATING FRAUD 

2 AND PROMOTING CITIZENSHIP 

3 SEC. 201. COMBATING IMMIGRATION SERVICES FRAUD. 

4 (a) SCHEMES TO PROVIDE FRAUDULENT IMMIGRA5 TION SERVICES.— 

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

7 United States Code, is amended by adding at the 

8 end the following: 

9 ‘‘§ 1041. Schemes to provide fraudulent immigration 

10 services 

11 ‘‘(a) IN GENERAL.— 

12 ‘‘(1) OFFENSE.—It shall be unlawful to know13 ingly or recklessly execute a scheme or artifice, in 

14 connection with any matter that is authorized by or 

15 arises under any Federal immigration law or any 

16 matter the offender claims or represents is author17 ized by or arises under any Federal immigration 

18 law, to— 

19 ‘‘(A) defraud any person; or 

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

21 else of value from any person by means of false 

22 or fraudulent pretenses, representations, or 

23 promises. 


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1 ‘‘(2) PENALTY.—Any person who violates para2 graph (1) shall be fined under this title, imprisoned 

3 for not more than 10 years, or both. 

4 ‘‘(b) MISREPRESENTATION.— 

5 ‘‘(1) OFFENSE.—It shall be unlawful for a per6 son to knowingly and falsely represent that such 

7 person is an attorney or an accredited representative 

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

9 Code of Federal Regulations (or any successor regu10 lation)) in any matter arising under any Federal im11 migration law. 

12 ‘‘(2) PENALTY.—Any person who violates para13 graph (1) shall be fined under this title, imprisoned 

14 for not more than 15 years, or both. 

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

16 offense under this section shall fully reimburse the client 

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

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions for chapter 47 of title 18, United States Code, 

20 is amended by inserting after the item relating to 

21 section 1040 the following: 

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

22 (b) LOCAL IMMIGRATION CONSUMER FRAUD INFOR23 MATION HOTLINES AND ASSISTANCE WEBSITES.—Title I 

24 of the Omnibus Crime Control and Safe Streets Act of 


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1 1968 (34 U.S.C. 10101 et seq.) is amended by adding at 

2 the end the following: 

3 ‘‘PART PP—IMMIGRATION CONSUMER FRAUD 

4 HOTLINES AND WEBSITES 

5 ‘‘SEC. 3061. IMMIGRATION CONSUMER FRAUD HOTLINES 

6 AND WEBSITES. 

7 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen8 eral shall make grants to States, units of local govern9 ment, or any combination thereof, in partnership with 

10 stakeholders, service providers, and nonprofit organiza11 tions. 

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

13 awarded under this section shall be expended for each of 

14 the following purposes: 

15 ‘‘(1) IMMIGRATION CONSUMER FRAUD INFOR16 MATION WEBSITES.—To provide for the establish17 ment and operation of an immigration consumer 

18 fraud information and assistance website, which 

19 shall be a highly secure internet website that pro20 vides information and assistance to victims of immi21 gration consumer fraud. In establishing and oper22 ating the immigration consumer fraud and assist23 ance website, the grantee shall— 


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1 ‘‘(A) use grant funds for startup and oper2 ation costs associated with establishing and op3 erating the website; 

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

5 web address that identifies the website with the 

6 geographic locality receiving the grant under 

7 subsection (a); 

8 ‘‘(C) provide accurate information that de9 scribes the services available to immigration 

10 consumer fraud victims, including free or low11 cost legal assistance; 

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

13 website, that the information presented is for 

14 reference purposes only and does not constitute 

15 as legal advice; and 

16 ‘‘(E) must provide translation of website 

17 content, in languages that are consistent with 

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

19 either with a web page interface, or mirrored 

20 pages. 

21 ‘‘(2) IMMIGRATION CONSUMER FRAUD HOT22 LINES.—To establish or expand an immigration con23 sumer fraud hotline to provide information and as24 sistance to victims of immigration consumer fraud. 

25 In addition, grantees may, in operating with the hotVerDate Sep 11 2014 21:10 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819

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1 line, work in conjunction with other local programs 

2 and activities that serve victims of immigration con3 sumer fraud. In establishing and operating the hot4 line, the entity shall— 

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

6 a toll-free telephone line; 

7 ‘‘(B) employ, train and supervise personnel 

8 to answer incoming calls and provide assistance 

9 and referral services to callers on a 24-hour-a10 day basis; 

11 ‘‘(C) assemble and maintain a current 

12 database of information relating to services for 

13 victims of immigration consumer fraud to which 

14 callers throughout the United States may be re15 ferred; and 

16 ‘‘(D) be prohibited from asking hotline 

17 callers about their citizenship status. 

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

19 shall require a grantee receiving funds under this Act to 

20 comply with a request lawfully made by the Department 

21 of Homeland Security under section 236 or 287 of the 

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

23 1357) to comply with a detainer for, or notify about the 

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


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1 ‘‘(d) APPLICATION.—The Attorney General may ap2 prove an application for a grant under this section only 

3 if such application— 

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

5 information, is in such form, and is submitted in 

6 such manner, as the Attorney General shall by rule 

7 require; 

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

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

10 includes a complete description of the applicant’s 

11 plan for the operation of an immigration consumer 

12 fraud hotline, including descriptions of— 

13 ‘‘(A) the training program for hotline per14 sonnel, including technology training to ensure 

15 that all persons affiliated with the hotline are 

16 able to effectively operate any technological sys17 tems used by the hotline; 

18 ‘‘(B) the hiring criteria for hotline per19 sonnel; 

20 ‘‘(C) the methods for the creation, mainte21 nance, and updating of a resource database; 

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

23 of the hotline; 

24 ‘‘(E) a plan for providing service to non25 English speaking callers that— 


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1 ‘‘(i) is based on data from the Bureau 

2 of the Census and be consistent with the 

3 local area demographics where the immi4 gration consumer fraud hotline will operate 

5 such plan and outline which languages are 

6 most prevalent and commonly requested 

7 for translation services; or 

8 ‘‘(ii) is based on qualitative and quan9 titative observation from community serv10 ice providers offering immigration-related 

11 services; and 

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

13 hotline by persons with hearing impairments; 

14 and 

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

16 to carry out activities described in subsection 

17 (b)(1)— 

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

19 applicant’s plan for the development, operation, 

20 maintenance, and updating of information and 

21 resources of the immigration consumer fraud 

22 information and assistance website; 

23 ‘‘(B) include a certification that the appli24 cant will implement a high level security system 

25 to ensure the confidentiality of the website, takVerDate Sep 11 2014 21:10 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819

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1 ing into consideration the safety of immigration 

2 consumer fraud victims; 

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

4 third year of the website project, the recipient 

5 of the grant will develop a plan to secure other 

6 public or private funding resources to ensure 

7 the continued operation and maintenance of the 

8 website; and 

9 ‘‘(D) demonstrate that the applicant has 

10 recognized expertise in the area of immigration 

11 consumer fraud and a record of high quality 

12 service to victims of immigration consumer 

13 fraud, including a demonstration of support 

14 from advocacy groups. 

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

16 this section may be renewed, without limitations on the 

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

18 the Attorney General determines that the funds made 

19 available to the recipient were used in a manner required 

20 under an approved application and if the recipient can 

21 demonstrate significant progress in achieving the objec22 tives of the initial application. 

23 ‘‘(f) NO COST EXTENSIONS.—Notwithstanding sub24 section (e), the Attorney General may extend a grant pe25 riod, without limitations as to the duration of such extenVerDate Sep 11 2014 21:10 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819

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1 sion, to provide additional time to complete the objectives 

2 of the initial grant award. 

3 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

6 for fiscal year 2024 and each succeeding fiscal year. 

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

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

9 shall be used for purposes of carrying out activities 

10 under subsection (b)(1). 

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

12 appropriated under this section may remain avail13 able until expended. 

14 ‘‘(h) PROHIBITION OF DATA SHARING FOR IMMIGRA15 TION ENFORCEMENT PURPOSES.— 

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

17 642 of the Illegal Immigration Reform and Immi18 grant Responsibility Act of 1996 (8 U.S.C. 1373), 

19 an entity receiving a grant under this section may 

20 not disclose or use personally identifiable informa21 tion provided by individuals using a website or a hot22 line under subsection (b), for the purposes of enforc23 ing the immigration laws. 

24 ‘‘(2) REFERRALS PROHIBITED.—An entity re25 ceiving a grant under this section may not refer any 


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•S 819 IS

1 individual participating in any program funded 

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

3 Enforcement or to U.S. Customs and Border Protec4 tion. 

5 ‘‘(3) PERSONALLY IDENTIFIABLE INFORMATION

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

7 ‘personally identifiable information’ means any infor8 mation about an individual elicited, collected, stored, 

9 or maintained by an entity receiving a grant under 

10 this section, including— 

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

12 distinguish or trace the identity of an indi13 vidual, such as a name, residential address, a 

14 social security number, a date and place of 

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

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

17 or linkable to an individual, such as medical, 

18 educational, financial, and employment informa19 tion. 

20 ‘‘SEC. 3062. REPORT. 

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

22 funds under this part during a fiscal year shall submit 

23 to the Attorney General a description and an evaluation 

24 report on a date specified by the Attorney General regardVerDate Sep 11 2014 21:10 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819

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1 ing the effectiveness of the programs carried out with a 

2 grant under this part.’’. 

3 (c) GRANTS TO STATES AND LOCAL JURISDICTIONS

4 TO PROMOTE OUTREACH CAMPAIGNS AGAINST IMMIGRA5 TION CONSUMER FRAUD.—Title I of the Omnibus Crime 

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

7 et seq.), as amended by subsection (b), is amended by in8 serting after part PP the following: 

9 ‘‘PART QQ—GRANTS TO STATES AND LOCAL JU10 RISDICTIONS TO PROMOTE OUTREACH CAM11 PAIGNS AGAINST IMMIGRATION CONSUMER 

12 FRAUD 

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

14 TO PROMOTE OUTREACH CAMPAIGNS 

15 AGAINST IMMIGRATION CONSUMER FRAUD. 

16 ‘‘(a) GRANT AUTHORIZATION.— 

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

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

19 any combination thereof, in partnership with stake20 holders, service providers, and nonprofit organiza21 tions. 

22 ‘‘(2) PURPOSE.—The purpose of grants distrib23 uted under this subsection is to enable States and 

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


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1 carry out outreach campaigns in any of the fol2 lowing: 

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

4 free or low-cost legal resources for persons of 

5 low-income. 

6 ‘‘(B) Workshops educating the general 

7 public on immigration consumer fraud, includ8 ing methods to identify such fraud and best 

9 practices on prevention. 

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

11 translators, accredited representatives and other 

12 similar staff to provide support for outreach ob13 jectives. 

14 ‘‘(D) Printed materials or digital media de15 signed with the intent to educate the public on 

16 where to obtain trusted legal resources, and 

17 how to prevent becoming a victim of immigra18 tion consumer fraud. 

19 ‘‘(E) Public service announcements in tele20 vision or radio, providing information on re21 sources and assistance on preventing immigra22 tion consumer fraud. 

23 ‘‘(F) Translation services, including trans24 lated equivalents of subparagraphs (A), (B), 


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1 (C) or (D), consistent with the grantee’s imme2 diate translation needs based on— 

3 ‘‘(i) data from the Bureau of the Cen4 sus that is consistent with the local area 

5 demographics where the outreach cam6 paign will operate, along with a description 

7 of the languages are most prevalent or 

8 commonly requested for translation serv9 ices; or 

10 ‘‘(ii) quantitative or qualitative obser11 vation from community service providers 

12 offering immigration-related services. 

13 ‘‘(b) CONTENTS.—In accordance with such require14 ments as the Attorney General may by rule establish, each 

15 application for a grant under this section shall— 

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

17 implementation plan that reflects consultation with 

18 community groups and appropriate stakeholders; 

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

20 the need without Federal assistance; 

21 ‘‘(3) identify related governmental and commu22 nity initiatives which compliment or will be coordi23 nated with the proposal; and 

24 ‘‘(4) identify local service providers and non25 profit organizations that have substantial or signifiVerDate Sep 11 2014 21:10 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819

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1 cant experience dealing with immigration-related 

2 matters. 

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

4 this section may be renewed, without limitations on the 

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

6 the Attorney General determines that the funds made 

7 available to the recipient were used in a manner required 

8 under an approved application and if the recipient can 

9 demonstrate significant progress in achieving the objec10 tives of the initial application. 

11 ‘‘(d) NO COST EXTENSIONS.—Notwithstanding sub12 section (c), the Attorney General may extend a grant pe13 riod, without limitations as to the duration of such exten14 sion, to provide additional time to complete the objectives 

15 of the initial grant award. 

16 ‘‘(e) SUSPENSION OF FUNDS.—If the Attorney Gen17 eral determines that a grant recipient under this section 

18 is not in substantial compliance with the terms and re19 quirements of an approved grant application, the Attorney 

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

21 whole, or in part. 

22 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

25 for fiscal year 2024 and each succeeding fiscal year. 


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

2 appropriated under this section may remain avail3 able until expended. 

4 ‘‘(g) PROHIBITION ON DATA SHARING FOR IMMIGRA5 TION ENFORCEMENT PURPOSES.— 

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

7 642 of the Illegal Immigration Reform and Immi8 grant Responsibility Act of 1996 (8 U.S.C. 1373), 

9 an entity receiving a grant under this section may 

10 not disclose or use personally identifiable informa11 tion provided by individuals participating in outreach 

12 campaigns specified in subsection (a) for the pur13 poses of enforcing the immigration laws. 

14 ‘‘(2) REFERRALS PROHIBITED.—An entity re15 ceiving a grant under this section may not refer any 

16 individual participating in any program funded 

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

18 Enforcement or to U.S. Customs and Border Protec19 tion. 

20 ‘‘(3) PERSONALLY IDENTIFIABLE INFORMATION

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

22 ‘personally identifiable information’ means any infor23 mation about an individual elicited, collected, stored, 

24 or maintained by an entity receiving a grant under 

25 this section, including— 


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

2 distinguish or trace the identity of an indi3 vidual, such as a name, residential address, a 

4 social security number, a date and place of 

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

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

7 or linkable to an individual, such as medical, 

8 educational, financial, and employment informa9 tion 

10 ‘‘SEC. 3072. REPORT. 

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

12 funds under this part during a fiscal year shall submit 

13 to the Attorney General a description and an evaluation 

14 report on a date specified by the Attorney General regard15 ing the effectiveness of the programs carried out with a 

16 grant under this part.’’. 

17 (d) GRANTS TO STATES AND LOCAL JURISDICTIONS

18 TO INCREASE ENFORCEMENT AGAINST IMMIGRATION

19 CONSUMER FRAUD.—Title I of the Omnibus Crime Con20 trol and Safe Streets Act of 1968 (34 U.S.C. 10101 et 

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

22 by inserting after part QQ the following: 


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1 ‘‘PART RR—GRANTS TO STATES AND LOCAL JU2 RISDICTIONS TO INCREASE ENFORCEMENT 

3 AGAINST IMMIGRATION CONSUMER FRAUD 

4 ‘‘SEC. 3081. GRANTS TO STATES AND LOCAL JURISDICTIONS 

5 TO INCREASE ENFORCEMENT AGAINST IMMI6 GRATION CONSUMER FRAUD. 

7 ‘‘(a) GRANT AUTHORIZATION.— 

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

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

10 any combination thereof. 

11 ‘‘(2) PURPOSE.—The purpose of grants distrib12 uted under this subsection is to enable States and 

13 localities to increase the enforcement of— 

14 ‘‘(A) State and local laws against immigra15 tion consumer fraud; and 

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

17 States Code. 

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

19 unit of local government that receives a grant under 

20 this section may use funds from the grant for activi21 ties, including— 

22 ‘‘(A) hiring staff, such as compliance offi23 cers that are charged with investigating and en24 forcing Federal, State, and local laws against 

25 immigration consumer fraud; 


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

2 officers described in subparagraph (A); 

3 ‘‘(C) investigating complaints of immigra4 tion consumer fraud; and 

5 ‘‘(D) taking action against violations of 

6 Federal, State, and local laws relating to immi7 gration consumer fraud, which may include the 

8 prosecution of violators. 

9 ‘‘(b) CONTENTS.—In accordance with such require10 ments as the Attorney General may by rule establish, each 

11 application for a grant under this section shall— 

12 ‘‘(1) include a detailed implementation plan 

13 that reflects consultation with community groups 

14 and appropriate stakeholders; and 

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

16 local government to address the need to increase en17 forcement of immigration consumer fraud laws with18 out Federal assistance. 

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

20 this section may be renewed, without limitations on the 

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

22 the Attorney General determines that the funds made 

23 available to the recipient were used in a manner required 

24 under an approved application and if the recipient can 


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•S 819 IS

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

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

7 of the initial grant award. 

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

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

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

13 whole, or in part. 

14 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

17 for fiscal year 2024 and each succeeding fiscal year. 

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

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

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

23 ‘‘(1) IN GENERAL.— 

24 ‘‘(A) DISCLOSURE PROHIBITED.—Notwith25 standing section 642 of the Illegal Immigration 


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•S 819 IS

1 Reform and Immigrant Responsibility Act of 

2 1996 (8 U.S.C. 1373), an entity receiving a 

3 grant under this section may not disclose or use 

4 personally identifiable information provided by 

5 an individual involved with the work funded 

6 under this section for the purposes of enforcing 

7 the immigration laws. 

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

9 grant under this section may disclose or use 

10 personally identifiable information provided by 

11 an individual involved with the work funded 

12 under this section if— 

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

14 order to prosecute a case; and 

15 ‘‘(ii) the individual explicitly permits 

16 the use or disclosure. 

17 ‘‘(2) REFERRALS PROHIBITED.—An entity re18 ceiving a grant under this section may not refer any 

19 individual involved with work funded under this sec20 tion to U.S. Immigration and Customs Enforcement 

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

22 ‘‘(3) PERSONALLY IDENTIFIABLE INFORMATION

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

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


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1 or maintained by an entity receiving a grant under 

2 this section, including— 

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

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

6 social security number, a date and place of 

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

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

9 or linkable to an individual, such as medical, 

10 educational, financial, and employment informa11 tion. 

12 ‘‘SEC. 3082. REPORT. 

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

14 funds under this part during a fiscal year shall submit 

15 to the Attorney General a description and an evaluation 

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

18 grant under this part.’’. 

19 SEC. 202. REQUIREMENTS FOR IMMIGRATION CONSULT20 ANTS. 

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

22 date of the enactment of this Act, the Commission, in con23 sultation with the Director of the Executive Office for Im24 migration Review and the Secretary of Homeland Secu25 rity, shall promulgate regulations, in accordance with secVerDate Sep 11 2014 21:10 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819

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1 tion 553 of title 5, United States Code, that require an 

2 immigration consultant— 

3 (1) to disclose in all advertising or promotional 

4 material and by displaying a notice at the regular 

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

6 consultant is not an immigration attorney, cannot 

7 provide legal advice or legal services on immigration 

8 matters, and is not authorized to represent aliens 

9 before an immigration court or the Board of Immi10 gration Appeals or authorized to represent others be11 fore the Department of Homeland Security in con12 nection with an application for an immigration ben13 efit or an immigration proceeding; 

14 (2) if the consultant enters into a written con15 tract for the provision of immigration consulting 

16 services— 

17 (A) to ensure that the contract states 

18 that— 

19 (i) the consultant is not an immigra20 tion attorney, cannot provide legal advice 

21 or legal services on immigration matters, 

22 and is not authorized to represent aliens 

23 before an immigration court or the Board 

24 of Immigration Appeals or authorized to 

25 represent others before the Department of 


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1 Homeland Security in connection with an 

2 application for an immigration benefit or 

3 an immigration proceeding; and 

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

5 contract reviewed by an attorney; 

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

7 contract in English and, if requested by the cli8 ent, in one or more other languages; 

9 (C) to inform the client of the right to re10 quest a copy of the contract in languages other 

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

12 and 

13 (D) to ensure that the contract provides 

14 the client with the right to rescind the contract 

15 at any time during the 72-hour period after en16 tering into the contract; 

17 (3) not to collect fees for immigration con18 sulting services before having rendered the services 

19 for which the fees are charged; 

20 (4) to return to the client any original docu21 ment obtained from the client (unless the original 

22 document must be provided to a Federal or State 

23 agency or another person and has been so provided) 

24 and to furnish to the client for no additional charge 

25 a copy of any document prepared or obtained by the 


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1 consultant for the client or otherwise used in connec2 tion with immigration consulting services for the cli3 ent (other than notes or other documents prepared 

4 by the consultant for internal use in order to provide 

5 such services); and 

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

7 ceasing to provide immigration consulting services 

8 for a client a copy of any document required by 

9 paragraph (4) to be returned or furnished to the cli10 ent. 

11 (b) DEFINITIONS.—In this section: 

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

13 means the Federal Trade Commission. 

14 (2) IMMIGRATION CONSULTANT.—The term 

15 ‘‘immigration consultant’’ means a person engaged 

16 in the provision of immigration consulting services, 

17 except that such term does not include a person who 

18 is— 

19 (A) authorized to represent aliens before 

20 an immigration court or the Board of Immigra21 tion Appeals; or 

22 (B) authorized to represent others in con23 nection with an application or proceeding de24 scribed in paragraph (3)(A) before the Depart25 ment of Homeland Security in accordance with 


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1 regulations promulgated by the Secretary of 

2 Homeland Security. 

3 (3) IMMIGRATION CONSULTING SERVICES.— 

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

5 consulting services’’ means assistance, advice, 

6 or services provided to an individual in connec7 tion with— 

8 (i) application (or consideration of ap9 plication) by such individual for an immi10 gration benefit; or 

11 (ii) an immigration proceeding involv12 ing such individual before or with the De13 partment of Homeland Security or the Ex14 ecutive Office for Immigration Review. 

15 (B) INCLUSIONS.—Such term includes the 

16 following: 

17 (i) Assistance with procuring sup18 porting documentation requested by such 

19 an agency, such as a birth certificate or 

20 marriage license. 

21 (ii) Referring a client to an attorney 

22 for legal representation. 

23 (iii) Assistance with complying with 

24 requirements relating to biometric services. 


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1 (C) EXCLUSIONS.—Such term does not in2 clude the following: 

3 (i) Completing a form of a Federal or 

4 State agency or submitting such form to 

5 such agency. 

6 (ii) Translating the responses of a cli7 ent to the information requested on such a 

8 form or in other communications with such 

9 an agency. 

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

11 the several States, the District of Columbia, each 

12 commonwealth, territory, or possession of the United 

13 States, and each federally recognized Indian tribe. 

14 (c) APPLICABILITY AND ENFORCEMENT OF REGULA15 TIONS.— 

16 (1) GENERAL APPLICATION.—The requirements 

17 of the regulations promulgated under subsection (a) 

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

19 partnerships, and corporations over which the Com20 mission has authority pursuant to section 5(a)(2) of 

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

22 45(a)(2)). 

23 (2) ENFORCEMENT BY FEDERAL TRADE COM24 MISSION.— 


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1 (A) UNFAIR OR DECEPTIVE ACTS OR PRAC2 TICES.—A violation of a regulation promulgated 

3 under subsection (a) shall be treated as a viola4 tion of a regulation under section 18(a)(1)(B) 

5 of the Federal Trade Commission Act (15 

6 U.S.C. 57a(a)(1)(B)) regarding unfair or decep7 tive acts or practices. 

8 (B) POWERS OF COMMISSION.—The Com9 mission shall enforce the regulations promul10 gated under subsection (a) in the same manner, 

11 by the same means, and with the same jurisdic12 tion, powers, and duties provided in the Federal 

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

14 and any person who violates such a regulation 

15 shall be subject to the penalties and entitled to 

16 the privileges and immunities provided in such 

17 Act. 

18 (3) ACTIONS BY STATES.— 

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

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

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

22 interest of the residents of such State has been 

23 or is threatened or adversely affected by an act 

24 or practice in violation of a regulation promul25 gated under subsection (a), the State, as parens 


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1 patriae, may bring a civil action on behalf of 

2 the residents of the State in an appropriate 

3 State court or an appropriate district court of 

4 the United States— 

5 (i) to enjoin such act or practice; 

6 (ii) to enforce compliance with such 

7 regulation; 

8 (iii) to obtain on behalf of residents of 

9 the State— 

10 (I) damages for actual monetary 

11 loss from the violation, or up to 

12 $10,000 in damages for each such vio13 lation, whichever is greater; 

14 (II) restitution; or 

15 (III) other compensation; or 

16 (iv) to obtain such other legal and eq17 uitable relief as the court may consider to 

18 be appropriate. 

19 (B) NOTICE.—Before filing an action 

20 under this subsection, the attorney general, offi21 cial, or agency of the State involved shall pro22 vide to the Commission a written notice of such 

23 action and a copy of the complaint for such ac24 tion. If the attorney general, official, or agency 

25 determines that it is not feasible to provide the 


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1 notice described in this paragraph before the 

2 filing of the action, the attorney general, offi3 cial, or agency shall provide written notice of 

4 the action and a copy of the complaint to the 

5 Commission immediately upon the filing of the 

6 action. 

7 (C) AUTHORITY OF FEDERAL TRADE COM8 MISSION.— 

9 (i) IN GENERAL.—On receiving notice 

10 under subparagraph (B) of an action 

11 under this subsection, the Commission 

12 shall have the right— 

13 (I) to intervene in the action; 

14 (II) upon so intervening, to be 

15 heard on all matters arising therein; 

16 and 

17 (III) to file petitions for appeal. 

18 (ii) LIMITATION ON STATE ACTION

19 WHILE FEDERAL ACTION IS PENDING.—If 

20 the Commission or the Attorney General of 

21 the United States has instituted a civil ac22 tion for violation of a regulation promul23 gated under subsection (a) (referred to in 

24 this subparagraph as the ‘‘Federal ac25 tion’’), no State attorney general, official, 


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1 or agency may bring an action under this 

2 subsection during the pendency of the Fed3 eral action against any defendant named in 

4 the complaint in the Federal action for any 

5 violation of such regulation alleged in such 

6 complaint. 

7 (D) RULE OF CONSTRUCTION.—For pur8 poses of bringing a civil action under this para9 graph, nothing in this Act shall be construed to 

10 prevent an attorney general, official, or agency 

11 of a State from exercising the powers conferred 

12 on the attorney general, official, or agency by 

13 the laws of such State to conduct investigations, 

14 administer oaths and affirmations, or compel 

15 the attendance of witnesses or the production of 

16 documentary and other evidence. 

17 (4) PRIVATE RIGHT OF ACTION.— 

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

19 act or practice in violation of a regulation pro20 mulgated under subsection (a) may bring in an 

21 appropriate State court or an appropriate dis22 trict court of the United States— 

23 (i) an action to enjoin the violation; 

24 (ii) an action to recover damages for 

25 actual monetary loss from the violation, or 


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

2 each such violation, whichever is greater; 

3 or 

4 (iii) both such actions. 

5 (B) WILLFUL OR KNOWING VIOLATIONS.— 

6 If the court finds that the defendant acted will7 fully or knowingly in committing a violation de8 scribed in subparagraph (A), the court may, in 

9 its discretion, increase the amount of the award 

10 to an amount equal to not more than 3 times 

11 the amount available under subparagraph 

12 (A)(ii). 

13 (C) COSTS AND ATTORNEY’S FEES.—The 

14 court shall award to a prevailing plaintiff in an 

15 action under this subsection the costs of such 

16 action and reasonable attorney’s fees, as deter17 mined by the court. 

18 (D) NONEXCLUSIVE REMEDY.—The rem19 edy provided by this subsection shall be in addi20 tion to any other remedies available to the per21 son. 

22 SEC. 203. FEE AND BACKLOG TRANSPARENCY. 

23 Section 286(m) of the Immigration and Nationality 

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

25 ‘‘(m) IMMIGRATION SERVICE FEES.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), all fees designated by the Secretary of 

3 Homeland Security in regulations as ‘immigration 

4 adjudication fees’ shall be deposited as offsetting re5 ceipts into the ‘Immigration Examinations Fee Ac6 count’ in the Treasury of the United States, whether 

7 such fees are collected directly by the Secretary or 

8 through clerks of courts. 

9 ‘‘(2) VIRGIN ISLANDS AND GUAM.— 

10 ‘‘(A) GUAM.—All fees described in para11 graph (1) that are received by the Secretary of 

12 Homeland Security from applicants residing in 

13 Guam shall be remitted to the Department of 

14 Revenue and Taxation of Guam. 

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

16 in paragraph (1) that are received by the Sec17 retary of Homeland Security from applicants 

18 residing in the United States Virgin Islands 

19 shall be remitted to the Treasury Division of 

20 the United States Virgin Islands. 

21 ‘‘(3) REPORT REQUIREMENT BEFORE FEE IN22 CREASE.—The Secretary of Homeland Security may 

23 not increase any immigration service fee above the 

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

25 date that is 60 days after the date on which the SecVerDate Sep 11 2014 21:10 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819

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1 retary submits to the Committee on the Judiciary of 

2 the Senate and the Committee on the Judiciary of 

3 the House of Representatives a report that— 

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

5 associated with providing adjudication and nat6 uralization services; 

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

8 subparagraph (A) from immigration enforce9 ment and national security costs; 

10 ‘‘(C) identifies the costs allocated for pre11 mium processing services to business customers, 

12 as prescribed under subsection (u); 

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

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

15 that ensures full recovery of the costs referred 

16 to in subparagraph (C); 

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

18 is being allocated for the infrastructure im19 provements in the adjudication and customer20 service processes prescribed under subsection 

21 (u); and 

22 ‘‘(F) contains information regarding the 

23 amount by which such fee will be increased. 

24 ‘‘(4) ADJUDICATIONS DELAY AND BACKLOG RE25 PORT.—Not less frequently than quarterly, the SecVerDate Sep 11 2014 21:10 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819

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1 retary of Homeland Security shall submit to the 

2 Committee on the Judiciary of the Senate and the 

3 Committee on the Judiciary of the House of Rep4 resentatives a report that identifies each instance in 

5 which— 

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

7 percent of adjudications in any single category 

8 of immigration benefits surpasses the agency’s 

9 stated processing goal as of January 1, 2019; 

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

11 percent of applications for lawful permanent 

12 residence surpasses 150 days; and 

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

14 percent of applications for naturalization sur15 passes 150 days.’’. 

16 SEC. 204. NATIONAL OFFICE FOR NEW AMERICANS. 

17 (a) DEFINITIONS.—In this section: 

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

19 the Director of the National Office of New Ameri20 cans. 

21 (2) FEDERAL AGENCY.—The term ‘‘Federal 

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

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


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1 (3) OFFICE.—The term ‘‘Office’’ means the 

2 National Office for New Americans established 

3 under subsection (b). 

4 (b) ESTABLISHMENT.—There is established within 

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

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

7 carry out the purposes described in subsection (c). 

8 (c) PURPOSES.—The purposes of the Office are— 

9 (1) to welcome and support immigrants and 

10 refugees in the United States; 

11 (2) to promote and support immigrant and ref12 ugee integration into, and inclusion in, the social, 

13 economic, and civic life of the United States; 

14 (3) to ensure that the Federal Government and 

15 Federal agencies promote the pursuit of United 

16 States citizenship among immigrants and refugees; 

17 (4) to ensure access to quality English language 

18 learning programs that support the successful inte19 gration of immigrant adults, including by enhanc20 ing— 

21 (A) employment and career prospects and 

22 economic integration; and 

23 (B) social integration in local communities 

24 and participation in civic life, including engage25 ment with State and local governments, schools, 


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1 and private and nonprofit community institu2 tions; 

3 (5) to provide equal access to workforce devel4 opment programs, including by ensuring that such 

5 programs meet the demand and unique language, 

6 training, and educational needs of immigrants and 

7 refugees; 

8 (6) to coordinate the efforts of Federal, State, 

9 and local entities to support the effective social, eco10 nomic, linguistic, and civic integration of immi11 grants, refugees, and their children; 

12 (7) to provide advice and leadership to the 

13 President, Members of Congress, and other Federal 

14 Government officials on the challenges and opportu15 nities facing such entities with respect to immigrant 

16 and refugee integration; 

17 (8) to evaluate the scale, quality, and effective18 ness of Federal Government efforts with respect to 

19 immigrant and refugee social and economic integra20 tion, including access to United States citizenship, 

21 English language learning, education, and workforce 

22 development programs; 

23 (9) to identify the anticipated effects of new 

24 Federal policies on existing integration efforts and 


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1 advise the President on how to address potential in2 tegration needs and the effects of such policies; 

3 (10) with respect to immigrant and refugee in4 tegration efforts, to consult on a biannual basis with 

5 State and local government officials on challenges 

6 and opportunities presented by such efforts; 

7 (11) with respect to the activities described in 

8 paragraphs (8) through (10), to ensure the inclusion 

9 of the perspectives of immigrants and refugees; and 

10 (12) to submit to the President and the appro11 priate committees of Congress a biannual report 

12 that describes the activities of the Office and the re13 sults of the consultation process described in para14 graphs (8) through (11). 

15 (d) DIRECTOR.— 

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

17 by a Director of the National Office of New Ameri18 cans, who shall be appointed by the President, by 

19 and with the advice and consent of the Senate. 

20 (2) RESPONSIBILITIES.—The Director shall— 

21 (A) establish policies, objectives, and prior22 ities for the Office with respect to immigrant 

23 and refugee integration; 

24 (B) with the assistance of the Deputy Di25 rector for Citizenship and Inclusion, the Deputy 


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1 Director for Workforce and Economy, the Dep2 uty Director for Children’s Integration Success, 

3 and the Associate Director of State and Local 

4 Affairs, carry out the purposes of the Office, as 

5 described in subsection (c); 

6 (C) make recommendations to the Presi7 dent on changes in the organization, manage8 ment, programs, and budget of each Federal 

9 agency to promote the integration of immi10 grants and refugees; 

11 (D) with respect to efforts to promote 

12 United States citizenship and the integration of 

13 immigrants and refugees, consult, support, and 

14 coordinate with State and local government ef15 forts; and 

16 (E) serve as a member of the Domestic 

17 Policy Council and the National Economic 

18 Council. 

19 (3) POWERS OF THE DIRECTOR.—In carrying 

20 out the responsibilities under paragraph (2) and the 

21 purposes described in subsection (c), the Director 

22 may— 

23 (A) select, appoint, employ, and fix com24 pensation of such officers and employees as 


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1 may be necessary to carry out such responsibil2 ities and purposes; 

3 (B) with the concurrence of the head of 

4 the applicable Federal agency, direct the tem5 porary reassignment within the Federal Govern6 ment of personnel employed by such Federal 

7 agency; 

8 (C) use for administrative purposes, on a 

9 reimbursable basis, the available service, equip10 ment, personnel, and facilities of Federal, State, 

11 and local agencies; 

12 (D) procure the services of experts and 

13 consultants in accordance with section 3109 of 

14 title 5, United States Code (relating to appoint15 ments in the Federal service) at rates of com16 pensation for individuals not to exceed the daily 

17 equivalent of the rate of pay payable for level 

18 GS–18 of the General Schedule under section 

19 5332 of title 5, United States Code; 

20 (E) accept and use donations of property 

21 from Federal, State, and local government 

22 agencies; 

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

24 other Federal agencies; and 


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1 (G) monitor the implementation of immi2 grant and refugee integration-related activities 

3 of the Federal Government, including by— 

4 (i) conducting program and perform5 ance audits and evaluations of each Fed6 eral agency; and 

7 (ii) requesting assistance from the In8 spector General of the applicable Federal 

9 agencies in such audits and evaluations. 

10 (e) DEPUTY DIRECTORS.— 

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

12 a Deputy Director for Citizenship and Inclusion, a 

13 Deputy Director for Workforce and Economy, and a 

14 Deputy Director for Children’s Integration and Suc15 cess, each of whom shall be appointed by the Presi16 dent, in consultation with the Director. 

17 (2) RESPONSIBILITIES.— 

18 (A) DEPUTY DIRECTOR FOR CITIZENSHIP

19 AND INCLUSION.—The Deputy Director for 

20 Citizenship and Inclusion shall, among other 

21 duties as assigned by the Director, assist the 

22 Director in promoting— 

23 (i) the inclusion of immigrants and 

24 refugees in the social, economic, and civic 


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1 life of their communities and the United 

2 States; and 

3 (ii) access to United States citizen4 ship. 

5 (B) DEPUTY DIRECTOR FOR WORKFORCE

6 AND ECONOMY.—The Deputy Director for 

7 Workforce and Economy shall, among other du8 ties as assigned by the Director, assist the Di9 rector in— 

10 (i) promoting the participation of im11 migrants and refugees in the United States 

12 workforce; and 

13 (ii) increasing the contributions of im14 migrants and refugees to the United States 

15 economy. 

16 (C) DEPUTY DIRECTOR FOR CHILDREN’S

17 INTEGRATION SUCCESS.—The Deputy Director 

18 for Children’s Integration Success shall, among 

19 other duties as assigned by the Director, assist 

20 the Director in ensuring that Federal policies 

21 and programs intended to support the healthy 

22 development and educational success of children 

23 are effective in reaching and serving the chil24 dren of immigrant families. 

25 (f) BUREAU OF STATE AND LOCAL AFFAIRS.— 


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1 (1) IN GENERAL.—There is established within 

2 the Office a Bureau of State and Local Affairs. 

3 (2) ASSOCIATE DIRECTOR.— 

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

5 and Local Affairs shall be headed by an Asso6 ciate Director of State and Local Affairs, who 

7 shall be appointed by the President, in con8 sultation with the Director. 

9 (B) DUTIES.—The Associate Director of 

10 State and Local Affairs shall, among other du11 ties as assigned by the Director, assist the Di12 rector in coordinating the efforts of State and 

13 local entities to support the economic, linguistic, 

14 and civic integration of immigrants, refugees, 

15 and their children. 

16 (g) ACCESS BY CONGRESS.—The establishment of 

17 the Office within the Executive Office of the President 

18 shall not affect access by any Member of Congress or any 

19 member of a committee of the Senate or the House of 

20 Representatives to— 

21 (1) the Office; 

22 (2) any information, document, or study in the 

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

24 the Director; or 

25 (3) personnel of the Office. 


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1 (h) LIMITATION.—An individual may not serve as Di2 rector, Deputy Director for Citizenship and Inclusion, 

3 Deputy Director for Workforce and the Economy, Deputy 

4 Director for Children’s Integration Success, or Associate 

5 Director of State and Local Affairs while serving in any 

6 other position in the Federal Government. 

7 TITLE III—BUILDING 

8 COMMUNITY TRUST 

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

10 WITNESSES TO CRIMES OR ARE DEFENDING 

11 CIVIL RIGHTS. 

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

13 and Customs Enforcement shall ensure, except as provided 

14 in subsection (b), that removal proceedings are not initi15 ated against any alien who is known to be— 

16 (1) a victim of domestic violence, human traf17 ficking, or any other serious crime; 

18 (2) a witness involved in a pending criminal in19 vestigation or prosecution; 

20 (3) a plaintiff in a nonfrivolous lawsuit regard21 ing violations of his or her civil rights, including 

22 with respect to union organizing and employment 

23 discrimination, as described in the memorandum of 

24 the U.S. Immigration and Customs Enforcement en25 titled ‘‘Prosecutorial Discretion: Certain Victims, 


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

2 or 

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

4 preservation of his or her employment, housing, or 

5 other legally protected rights. 

6 (b) EXCEPTIONS.— 

7 (1) IN GENERAL.—Notwithstanding subsection 

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

9 subject to removal proceedings if the Secretary of 

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

11 basis, that there is sufficient evidence to conclude 

12 that the alien— 

13 (A) has committed a serious crime; 

14 (B) poses a threat to public safety; 

15 (C) has engaged in serious violations of 

16 human rights; 

17 (D) has engaged in significant immigration 

18 fraud; or 

19 (E) has filed a claim in bad faith with in20 tent to delay or avoid the removal of an alien. 

21 (2) SAVINGS PROVISION.—Nothing in this sub22 section may be construed to deny any alien who has 

23 been a victim of domestic violence, human traf24 ficking, or certain other crimes from receiving the 

25 immigration benefits to which he or she is entitled 


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•S 819 IS

1 under the Violence Against Women Act of 1994 

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

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

4 seq.), or any other applicable law. 

5 (c) EFFECT OF VIOLATION.—With respect to a re6 moval proceeding commenced as a result of an enforce7 ment action carried out in violation of subsection (a)— 

8 (1) information resulting from such enforce9 ment action may not be entered into the record of 

10 proceeding or received into evidence; 

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

12 proceeding may file a motion for the immediate ter13 mination of the removal proceeding; and 

14 (3) in considering whether to administratively 

15 close the removal proceeding, the immigration judge 

16 shall give appropriate weight to the circumstances of 

17 such enforcement action. 

18 SEC. 302. SEMIANNUAL REPORT ON CERTAIN ENFORCE19 MENT ACTIONS. 

20 The Secretary of Homeland Security shall submit a 

21 semiannual report to the Committee on the Judiciary of 

22 the Senate, the Committee on Appropriations of the Sen23 ate, the Committee on the Judiciary of the House of Rep24 resentatives, and the Committee on Appropriations of the 

25 House of Representatives that identifies, for the most reVerDate Sep 11 2014 21:10 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819

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•S 819 IS

1 cent 180-day period for which such data is available, the 

2 number of arrests, detentions, and removals of aliens de3 scribed in section 301(a). 

4 SEC. 303. RULE OF CONSTRUCTION. 

5 Nothing in this Act or the amendments made by this 

6 Act shall be construed to modify— 

7 (1) the applicability of any ground of inadmis8 sibility or deportability relating to criminal convic9 tions; or 

10 (2) the eligibility criteria relating to criminal 

11 convictions for any application or form of relief 

12 under the immigration laws. 

Æ 


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