I 

111TH CONGRESS 

1ST SESSION H. R. 1751 

To amend the Illegal Immigration Reform and Immigrant Responsibility 

Act of 1996 to permit States to determine State residency for higher 

education purposes and to authorize the cancellation of removal and 

adjustment of status of certain alien students who are long-term United 

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

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2009 

Mr. BERMAN (for himself, Ms. ROYBAL-ALLARD, Mr. LINCOLN DIAZ-BALART

of Florida, Ms. ZOE LOFGREN of California, Mr. NUNES, Mr. POLIS of 

Colorado, Mr. CAO, Ms. ROS-LEHTINEN, Mr. CONYERS, and Mr. MARIO

DIAZ-BALART of Florida) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Illegal Immigration Reform and Immigrant 

Responsibility Act of 1996 to permit States to determine 

State residency for higher education purposes and to 

authorize the cancellation of removal and adjustment 

of status of certain alien students who are long-term 

United States residents and who entered the United 

States as children, and for other purposes. 


rfrederick on PROD1PC67 with BILLS
2 

•HR 1751 IH

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. 

4 This Act may be cited as the ‘‘American Dream Act’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) INSTITUTION OF HIGHER EDUCATION.—The 

8 term ‘‘institution of higher education’’ has the 

9 meaning given that term in section 101 of the High10 er Education Act of 1965 (20 U.S.C. 1001). 

11 (2) UNIFORMED SERVICES.—The term ‘‘uni12 formed services’’ has the meaning given that term in 

13 section 101(a) of title 10, United States Code. 

14 SEC. 3. RESTORATION OF STATE OPTION TO DETERMINE 

15 RESIDENCY FOR PURPOSES OF HIGHER EDU16 CATION BENEFITS. 

17 (a) IN GENERAL.—Section 505 of the Illegal Immi18 gration Reform and Immigrant Responsibility Act of 1996 

19 (8 U.S.C. 1623) is repealed. 

20 (b) EFFECTIVE DATE.—The repeal under subsection 

21 (a) shall take effect as if included in the enactment of the 

22 Illegal Immigration Reform and Immigrant Responsibility 

23 Act of 1996. 


rfrederick on PROD1PC67 with BILLS
3 

•HR 1751 IH

1 SEC. 4. CANCELLATION OF REMOVAL AND ADJUSTMENT OF 

2 STATUS OF CERTAIN LONG-TERM RESIDENTS 

3 WHO ENTERED THE UNITED STATES AS CHIL4 DREN. 

5 (a) SPECIAL RULE FOR CERTAIN LONG-TERM RESI6 DENTS WHO ENTERED THE UNITED STATES AS CHIL7 DREN.— 

8 (1) IN GENERAL.—Notwithstanding any other 

9 provision of law and except as otherwise provided in 

10 this Act, the Secretary of Homeland Security may 

11 cancel removal of, and adjust to the status of an 

12 alien lawfully admitted for permanent residence, 

13 subject to the conditional basis described in section 

14 5, an alien who is inadmissible or deportable from 

15 the United States, if the alien demonstrates that— 

16 (A) the alien has been physically present in 

17 the United States for a continuous period of 

18 not less than 5 years immediately preceding the 

19 date of enactment of this Act, and had not yet 

20 reached the age of 16 years at the time of ini21 tial entry; 

22 (B) the alien has been a person of good 

23 moral character since the time of application; 

24 (C) the alien— 

25 (i) is not inadmissible under para26 graph (2), (3), or (6)(E) of section 212(a) 


rfrederick on PROD1PC67 with BILLS
4 

•HR 1751 IH

1 of the Immigration and Nationality Act (8 

2 U.S.C. 1182(a)); and 

3 (ii) is not deportable under paragraph 

4 (1)(E), (2), or (4) of section 237(a) of the 

5 Immigration and Nationality Act (8 U.S.C. 

6 1227(a)); and 

7 (D) the alien, at the time of application, 

8 has been admitted to an institution of higher 

9 education in the United States, or has earned 

10 a high school diploma or obtained a general 

11 education development certificate in the United 

12 States. 

13 (2) WAIVER.—Notwithstanding paragraph (1), 

14 the Secretary of Homeland Security may waive the 

15 grounds of ineligibility under section 212(a)(2) of 

16 the Immigration and Nationality Act, and the 

17 grounds of deportability under paragraphs (1)(E) 

18 and (2) of section 237(a) of such Act, if the Sec19 retary determines that the alien’s removal would re20 sult in extreme hardship to the alien, the alien’s 

21 child, or (in the case of an alien who is a child) to 

22 the alien’s parent. 

23 (3) PROCEDURES.—The Secretary of Homeland 

24 Security shall provide a procedure by regulation al25 lowing eligible individuals to apply affirmatively for 


rfrederick on PROD1PC67 with BILLS
5 

•HR 1751 IH

1 the relief available under this subsection without 

2 being placed in removal proceedings. 

3 (b) TERMINATION OF CONTINUOUS PERIOD.—For 

4 purposes of this section, any period of continuous resi5 dence or continuous physical presence in the United States 

6 of an alien who applies for cancellation of removal under 

7 this section shall not terminate when the alien is served 

8 a notice to appear under section 239(a) of the Immigra9 tion and Nationality Act (8 U.S.C. 1229(a)). 

10 (c) TREATMENT OF CERTAIN BREAKS IN PRES11 ENCE.— 

12 (1) IN GENERAL.—An alien shall not be consid13 ered to have failed to maintain continuous physical 

14 presence in the United States for purposes of sub15 section (a)(1)(A) by virtue of brief, casual, and inno16 cent absences from the United States. 

17 (2) WAIVER.—The Secretary of Homeland Se18 curity may waive breaks in presence beyond brief, 

19 casual, or innocent absences for humanitarian pur20 poses, family unity, or when it is otherwise in the 

21 public interest. 

22 (d) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

23 Nothing in this section may be construed to apply a nu24 merical limitation on the number of aliens who may be 


rfrederick on PROD1PC67 with BILLS
6 

•HR 1751 IH

1 eligible for cancellation of removal or adjustment of status 

2 under this section. 

3 (e) REGULATIONS.— 

4 (1) PROPOSED REGULATIONS.—Not later than 

5 180 days after the date of the enactment of this Act, 

6 the Secretary of Homeland Security shall publish 

7 proposed regulations implementing this section. 

8 Such regulations shall be effective immediately on an 

9 interim basis, but are subject to change and revision 

10 after public notice and opportunity for a period for 

11 public comment. 

12 (2) INTERIM, FINAL REGULATIONS.—Not later 

13 than 90 days after publication of the interim regula14 tions in accordance with paragraph (1), the Sec15 retary of Homeland Security shall publish final regu16 lations implementing this section. 

17 (f) REMOVAL OF ALIEN.—The Secretary of Home18 land Security may not remove any alien who has a pending 

19 application for conditional status under this Act. 

20 SEC. 5. CONDITIONAL PERMANENT RESIDENT STATUS. 

21 (a) IN GENERAL.— 

22 (1) CONDITIONAL BASIS FOR STATUS.—Not23 withstanding any other provision of law, and except 

24 as provided in section 6, an alien whose status has 

25 been adjusted under section 4 to that of an alien 


rfrederick on PROD1PC67 with BILLS
7 

•HR 1751 IH

1 lawfully admitted for permanent residence shall be 

2 considered to have obtained such status on a condi3 tional basis subject to the provisions of this section. 

4 Such conditional permanent resident status shall be 

5 valid for a period of 6 years, subject to termination 

6 under subsection (b). 

7 (2) NOTICE OF REQUIREMENTS.— 

8 (A) AT TIME OF OBTAINING PERMANENT

9 RESIDENCE.—At the time an alien obtains per10 manent resident status on a conditional basis 

11 under paragraph (1), the Secretary of Home12 land Security shall provide for notice to the 

13 alien regarding the provisions of this section 

14 and the requirements of subsection (c) to have 

15 the conditional basis of such status removed. 

16 (B) EFFECT OF FAILURE TO PROVIDE NO17 TICE.—The failure of the Secretary of Home18 land Security to provide a notice under this 

19 paragraph— 

20 (i) shall not affect the enforcement of 

21 the provisions of this Act with respect to 

22 the alien; and 

23 (ii) shall not give rise to any private 

24 right of action by the alien. 

25 (b) TERMINATION OF STATUS.— 


rfrederick on PROD1PC67 with BILLS
8 

•HR 1751 IH

1 (1) IN GENERAL.—The Secretary of Homeland 

2 Security shall terminate the conditional permanent 

3 resident status of any alien who obtained such sta4 tus under this Act, if the Secretary determines that 

5 the alien— 

6 (A) ceases to meet the requirements of 

7 subparagraph (B) or (C) of section 4(a)(1); 

8 (B) has become a public charge; or 

9 (C) has received a dishonorable or other 

10 than honorable discharge from the uniformed 

11 services. 

12 (2) RETURN TO PREVIOUS IMMIGRATION STA13 TUS.—Any alien whose conditional permanent resi14 dent status is terminated under paragraph (1) shall 

15 return to the immigration status the alien had im16 mediately prior to receiving conditional permanent 

17 resident status under this Act. 

18 (c) REQUIREMENTS OF TIMELY PETITION FOR RE19 MOVAL OF CONDITION.— 

20 (1) IN GENERAL.—In order for the conditional 

21 basis of permanent resident status obtained by an 

22 alien under subsection (a) to be removed, the alien 

23 must file with the Secretary of Homeland Security, 

24 in accordance with paragraph (3), a petition which 

25 requests the removal of such conditional basis and 


rfrederick on PROD1PC67 with BILLS
9 

•HR 1751 IH

1 which provides, under penalty of perjury, the facts 

2 and information so that the Secretary may make the 

3 determination described in paragraph (2)(A). 

4 (2) ADJUDICATION OF PETITION TO REMOVE

5 CONDITION.— 

6 (A) IN GENERAL.—If a petition is filed in 

7 accordance with paragraph (1) for an alien, the 

8 Secretary of Homeland Security shall make a 

9 determination as to whether the alien meets the 

10 requirements set out in subparagraphs (A) 

11 through (E) of subsection (d)(1). 

12 (B) REMOVAL OF CONDITIONAL BASIS IF

13 FAVORABLE DETERMINATION.—If the Secretary 

14 determines that the alien meets such require15 ments, the Secretary shall notify the alien of 

16 such determination and immediately remove the 

17 conditional basis of the status of the alien. 

18 (C) TERMINATION IF ADVERSE DETER19 MINATION.—If the Secretary determines that 

20 the alien does not meet such requirements, the 

21 Secretary shall notify the alien of such deter22 mination and terminate the conditional perma23 nent resident status of the alien as of the date 

24 of the determination. 


rfrederick on PROD1PC67 with BILLS
10 

•HR 1751 IH

1 (3) TIME TO FILE PETITION.—An alien may pe2 tition to remove the conditional basis to lawful resi3 dent status during the period beginning 180 days 

4 before and ending 2 years after either the date that 

5 is 6 years after the date of the granting of condi6 tional permanent resident status or any other expi7 ration date of the conditional permanent resident 

8 status as extended by the Secretary of Homeland 

9 Security in accordance with this Act. The alien shall 

10 be deemed in conditional permanent resident status 

11 in the United States during the period in which the 

12 petition is pending. 

13 (d) DETAILS OF PETITION.— 

14 (1) CONTENTS OF PETITION.—Each petition 

15 for an alien under subsection (c)(1) shall contain in16 formation to permit the Secretary of Homeland Se17 curity to determine whether each of the following re18 quirements is met: 

19 (A) The alien has demonstrated good 

20 moral character during the entire period the 

21 alien has been a conditional permanent resi22 dent. 

23 (B) The alien is in compliance with section 

24 4(a)(1)(C). 


rfrederick on PROD1PC67 with BILLS
11 

•HR 1751 IH

1 (C) The alien has not abandoned the 

2 alien’s residence in the United States. The Sec3 retary shall presume that the alien has aban4 doned such residence if the alien is absent from 

5 the United States for more than 365 days, in 

6 the aggregate, during the period of conditional 

7 residence, unless the alien demonstrates that 

8 alien has not abandoned the alien’s residence. 

9 An alien who is absent from the United States 

10 due to active service in the uniformed services 

11 shall not be considered to have abandoned the 

12 alien’s residence in the United States during 

13 the period of such service. 

14 (D) The alien has completed at least 1 of 

15 the following: 

16 (i) The alien has acquired a degree 

17 from an institution of higher education in 

18 the United States or has completed at 

19 least 2 years, in good standing, in a pro20 gram for a bachelor’s degree or higher de21 gree in the United States. 

22 (ii) The alien has served in the uni23 formed services for at least 2 years and, if 

24 discharged, has received an honorable dis25 charge. 


rfrederick on PROD1PC67 with BILLS
12 

•HR 1751 IH

1 (E) The alien has provided a list of all of 

2 the secondary educational institutions that the 

3 alien attended in the United States. 

4 (2) HARDSHIP EXCEPTION.— 

5 (A) IN GENERAL.—The Secretary of 

6 Homeland Security may, in the Secretary’s dis7 cretion, remove the conditional status of an 

8 alien if the alien— 

9 (i) satisfies the requirements of sub10 paragraphs (A), (B), and (C) of paragraph 

11 (1); 

12 (ii) demonstrates compelling cir13 cumstances for the inability to complete 

14 the requirements described in paragraph 

15 (1)(D); and 

16 (iii) demonstrates that the alien’s re17 moval from the United States would result 

18 in exceptional and extremely unusual hard19 ship to the alien or the alien’s spouse, par20 ent, or child who is a citizen or a lawful 

21 permanent resident of the United States. 

22 (B) EXTENSION.—Upon a showing of good 

23 cause, the Secretary of Homeland Security may 

24 extend the period of the conditional resident 


rfrederick on PROD1PC67 with BILLS
13 

•HR 1751 IH

1 status for the purpose of completing the re2 quirements described in paragraph (1)(D). 

3 (e) TREATMENT OF PERIOD FOR PURPOSES OF NAT4 URALIZATION.—Except as otherwise provided under this 

5 Act, an alien who is in the United States as a lawful per6 manent resident on a conditional basis under this section 

7 shall be considered to have been admitted as an alien law8 fully admitted for permanent residence and to be in the 

9 United States as an alien lawfully admitted to the United 

10 States for permanent residence. However, the conditional 

11 basis must be removed before the alien may apply for nat12 uralization. 

13 SEC. 6. APPLICABILITY. 

14 If, on the date of the enactment of this Act, an alien 

15 has satisfied all the requirements of subparagraphs (A) 

16 through (D) of section 4(a)(1) and section 5(d)(1)(D), the 

17 Secretary of Homeland Security may adjust the status of 

18 the alien to that of a conditional resident in accordance 

19 with section 4. The alien may petition for removal of such 

20 condition at the end of the conditional residence period 

21 in accordance with section 5(c) if the alien has met the 

22 requirements of subparagraphs (A), (B), and (C) of sec23 tion 5(d)(1) during the entire period of conditional resi24 dence. 


rfrederick on PROD1PC67 with BILLS
14 

•HR 1751 IH

1 SEC. 7. EXCLUSIVE JURISDICTION. 

2 (a) IN GENERAL.—The Secretary of Homeland Secu3 rity shall have exclusive jurisdiction to determine eligibility 

4 for relief under this Act, except where the alien has been 

5 placed into deportation, exclusion, or removal proceedings 

6 either prior to or after filing an application for relief under 

7 this Act, in which case the Attorney General shall have 

8 exclusive jurisdiction and shall assume all the powers and 

9 duties of the Secretary until proceedings are terminated, 

10 or if a final order of deportation, exclusion, or removal 

11 is entered the Secretary shall resume all powers and duties 

12 delegated to the Secretary under this Act. 

13 (b) STAY OF REMOVAL OF CERTAIN ALIENS EN14 ROLLED IN PRIMARY OR SECONDARY SCHOOL.—The At15 torney General shall stay the removal proceedings of any 

16 alien who— 

17 (1) meets all the requirements of subpara18 graphs (A), (B), (C), and (E) of section 4(a)(1); 

19 (2) is at least 12 years of age; and 

20 (3) is enrolled full time in a primary or sec21 ondary school. 

22 (c) EMPLOYMENT.—An alien whose removal is stayed 

23 pursuant to subsection (b) may be engaged in employment 

24 in the United States, consistent with the Fair Labor 

25 Standards Act of 1938 (29 U.S.C. 201 et seq.), and State 

26 and local laws governing minimum age for employment. 


rfrederick on PROD1PC67 with BILLS
15 

•HR 1751 IH

1 (d) LIFT OF STAY.—The Attorney General shall lift 

2 the stay granted pursuant to subsection (b) if the alien— 

3 (1) is no longer enrolled in a primary or sec4 ondary school; or 

5 (2) ceases to meet the requirements of sub6 section (b)(1). 

7 SEC. 8. CONFIDENTIALITY OF INFORMATION. 

8 (a) PROHIBITION.—No officer or employee of the 

9 United States may— 

10 (1) use the information furnished by the appli11 cant pursuant to an application filed under this Act 

12 to initiate removal proceedings against any persons 

13 identified in the application; 

14 (2) make any publication whereby the informa15 tion furnished by any particular individual pursuant 

16 to an application under this Act can be identified; or 

17 (3) permit anyone other than an officer or em18 ployee of the United States Government or, in the 

19 case of applications filed under this Act with a des20 ignated entity, that designated entity, to examine 

21 applications filed under this Act. 

22 (b) REQUIRED DISCLOSURE.—The Attorney General 

23 or the Secretary of Homeland Security shall provide the 

24 information furnished under this section, and any other 

25 information derived from such furnished information, to— 


rfrederick on PROD1PC67 with BILLS
16 

•HR 1751 IH

1 (1) a duly recognized law enforcement entity in 

2 connection with an investigation or prosecution of an 

3 offense described in paragraph (2) or (3) of section 

4 212(a) of the Immigration and Nationality Act (8 

5 U.S.C. 1182(a)), when such information is requested 

6 in writing by such entity; or 

7 (2) an official coroner for purposes of affirma8 tively identifying a deceased individual (whether or 

9 not such individual is deceased as a result of a 

10 crime). 

11 (c) PENALTY.—Whoever knowingly uses, publishes, 

12 or permits information to be examined in violation of this 

13 section shall be fined not more than $10,000. 

14 SEC. 9. EXPEDITED PROCESSING OF APPLICATIONS; PRO15 HIBITION ON FEES. 

16 Regulations promulgated under this Act shall provide 

17 that applications under this Act will be considered on an 

18 expedited basis and without a requirement for the pay19 ment by the applicant of any additional fee for such expe20 dited processing. 

21 SEC. 10. HIGHER EDUCATION ASSISTANCE. 

22 Notwithstanding any provision of the Higher Edu23 cation Act of 1965 (20 U.S.C. 1001 et seq.) or any provi24 sion of title IV of the Personal Responsibility and Work 

25 Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 


rfrederick on PROD1PC67 with BILLS
17 

•HR 1751 IH

1 et seq.), with respect to Federal financial education assist2 ance, an alien who is lawfully admitted for permanent resi3 dence under this Act and has not had the conditional basis 

4 removed shall not be eligible for— 

5 (1) Federal Pell grants under part A of title IV 

6 of the Higher Education Act of 1965 (20 U.S.C. 

7 1070a et seq.); and 

8 (2) Federal supplemental educational oppor9 tunity grants under part A of title IV of that Act 

10 (20 U.S.C. 1070b et seq.). 

11 SEC. 11. GAO REPORT. 

12 Not later than 7 years after the date of enactment 

13 of this Act, the Comptroller General of the United States 

14 shall submit a report to the Committees on the Judiciary 

15 of the Senate and the House of Representatives setting 

16 forth— 

17 (1) the number of aliens who were eligible for 

18 cancellation of removal and adjustment of status 

19 under section 4(a); 

20 (2) the number of aliens who applied for adjust21 ment of status under section 4(a); 

22 (3) the number of aliens who were granted ad23 justment of status under section 4(a); and 


rfrederick on PROD1PC67 with BILLS
18 

•HR 1751 IH

1 (4) the number of aliens whose conditional per2 manent resident status was removed under section 

3 5. 

Æ 


rfrederick on PROD1PC67 with BILLS