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[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1291 Introduced in Senate (IS)]

107th CONGRESS
  1st Session
                                S. 1291

 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 college-bound students who are 
                   long-term United States residents.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2001

   Mr. Hatch introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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 college-bound students who are 
                   long-term United States residents.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Development, Relief, and Education 
for Alien Minors Act'' or ``DREAM Act''.

SEC. 2. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES 
              OF HIGHER EDUCATION BENEFITS.

    Section 505 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat 
3009-672; 8 U.S.C. 1623) is repealed.

SEC. 3. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF CERTAIN 
              LONG-TERM RESIDENT STUDENTS.

    (a) Special Rule for Children in Qualified Institutions of Higher 
Education.--
            (1) In general.--Notwithstanding any other provision of law 
        and subject to paragraph (2), the Attorney General may cancel 
        removal of, and adjust to the status of an alien lawfully 
        admitted for permanent residence, subject to the conditional 
        basis described in section 4, an alien who is inadmissible or 
        deportable from the United States, if the alien demonstrates 
        that--
                    (A) the alien has applied for relief under this 
                subsection not later than two years after the date of 
                enactment of this Act;
                    (B) the alien has not, at the time of application, 
                attained the age of 21;
                    (C) the alien, at the time of application, is 
                attending an institution of higher education in the 
                United States (as defined in section 101 of the Higher 
                Education Act of 1965 (20 U.S.C. 1001));
                    (D) the alien was physically present in the United 
                States on the date of the enactment of this Act and has 
                been physically present in the United States for a 
                continuous period of not less than five years 
                immediately preceding the date of enactment of this 
                Act;
                    (E) the alien has been a person of good moral 
                character during such period; and
                    (F) the alien is not inadmissible under section 
                212(a)(2) or 212(a)(3) or deportable under section 
                237(a)(2) or 237(a)(4).
            (2) Procedures.--The Attorney General shall provide a 
        procedure by regulation allowing eligible individuals to apply 
        affirmatively for the relief available under this paragraph 
        without being placed in removal proceedings.
    (b) Termination of Continuous Period.--For purposes of this 
section, any period of continuous residence or continuous physical 
presence in the United States of an alien who applies for cancellation 
of removal under this section shall not terminate when the alien is 
served a notice to appear under section 239(a) of the Immigration and 
Nationality Act.
    (c) Treatment of Certain Breaks in Presence.--An alien shall be 
considered to have failed to maintain continuous physical presence in 
the United States under subsection (a) if the alien has departed from 
the United States for any period in excess of 90 days or for any 
periods in the aggregate exceeding 180 days.
    (d) Statutory Construction.--Nothing in this section may be 
construed to apply a numerical limitation on the number of aliens who 
may be eligible for cancellation of removal or adjustment of status 
under this section.
    (e) Regulations.--
            (1) Proposed regulations.--Not later than 90 days after the 
        date of the enactment of this Act, the Attorney General shall 
        publish proposed regulations implementing this section.
            (2) Interim, final regulations.--Not later than 180 days 
        after the date of the enactment of this Act, the Attorney 
        General shall publish final regulations implementing this 
        section. Such regulations shall be effective immediately on an 
        interim basis, but are subject to change and revision 
after public notice and opportunity for a period for public comment.

SEC. 4. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN LONG-TERM 
              RESIDENT STUDENTS.

    (a) In General.--
            (1) Conditional basis for status.--Notwithstanding any 
        other provision of this Act, an alien whose status has been 
        adjusted under section 3 to that of an alien lawfully admitted 
        for permanent residence shall be considered, at the time of 
        obtaining the adjustment of status, to have obtained such 
        status on a conditional basis subject to the provisions of this 
        section.
            (2) Notice of requirements.--
                    (A) At time of obtaining permanent residence.--At 
                the time an alien obtains permanent resident status on 
                a conditional basis under paragraph (1), the Attorney 
                General shall provide for notice to such alien 
                respecting the provisions of this section and the 
                requirements of subsection (c)(1) to have the 
                conditional basis of such status removed.
                    (B) At time of required petition.--In addition, the 
                Attorney General shall attempt to provide notice to 
                such an alien, at or about the date of the alien's 
                graduation from an institution of higher education of 
                the requirements of subsection (c)(1).
                    (C) Effect of failure to provide notice.--The 
                failure of the Attorney General to provide a notice 
                under this paragraph shall not affect the enforcement 
                of the provisions of this section with respect to such 
                an alien.
    (b) Termination of Status if Finding That Qualifying Education 
Improper.--
            (1) In general.--In the case of an alien with permanent 
        resident status on a conditional basis under subsection (a), if 
        the Attorney General determines that the alien is no longer a 
        student in good standing at an accredited institution of higher 
        education, the Attorney General shall so notify the alien and, 
        subject to paragraph (2), shall terminate the permanent 
        resident status of the alien as of the date of the 
        determination.
            (2) Hearing in removal proceeding.--Any alien whose 
        permanent resident status is terminated under paragraph (1) may 
        request a review of such determination in a proceeding to 
        remove the alien. In such proceeding, the burden of proof shall 
        be on the alien to establish, by a preponderance of the 
        evidence, that the condition described in paragraph (1) is not 
        met.
    (c) Requirements of Timely Petition for Removal of Condition.--
            (1) In general.--In order for the conditional basis 
        established under subsection (a) for an alien to be removed the 
        alien must submit to the Attorney General, during the period 
        described in subsection (d)(2), a petition which requests the 
        removal of such conditional basis and which states, under 
        penalty of perjury, the facts and information described in 
        subsection (d)(1).
            (2) Termination of permanent resident status for failure to 
        file petition.--
                    (A) In general.--In the case of an alien with 
                permanent resident status on a conditional basis under 
                subsection (a), if no petition is filed with respect to 
                the alien in accordance with the provisions of 
                paragraph (1), the Attorney General shall terminate the 
                permanent resident status of the alien as of the 90th 
                day after the graduation of the alien from an 
                institution of higher education.
                    (B) Hearing in removal proceeding.--In any removal 
                proceeding with respect to an alien whose permanent 
                resident status is terminated under subparagraph (A), 
                the burden of proof shall be on the alien to establish 
                compliance with the condition of paragraph (1).
            (3) Determination after petition and interview.--
                    (A) In general.--If a petition is filed in 
                accordance with the provisions of paragraph (1), the 
                Attorney General shall make a determination, within 90 
                days, as to whether the facts and information described 
                in subsection (d)(1) and alleged in the petition are 
                true with respect to the alien's education.
                    (B) Removal of conditional basis if favorable 
                determination.--If the Attorney General determines that 
                such facts and information are true, the Attorney 
                General shall so notify the alien and shall remove the 
                conditional basis of the status of the alien effective 
                as of the 90th day after the alien's graduation from an 
                institution of higher education.
                    (C) Termination if adverse determination.--If the 
                Attorney General determines that such facts and 
                information are not true, the Attorney General shall so 
                notify the alien and, subject to subparagraph (D), 
shall terminate the permanent resident status of an alien as of the 
date of the determination.
                    (D) Hearing in removal proceeding.--Any alien whose 
                permanent resident status is terminated under 
                subparagraph (C) may request a review of such 
                determination in a proceeding to remove the alien. In 
                such proceeding, the burden of proof shall be on the 
                Attorney General to establish, by a preponderance of 
                the evidence, that the facts and information described 
                in subsection (d)(1) and alleged in the petition are 
                not true with respect to the alien's education.
    (d) Details of Petition.--
            (1) Contents of petition.--Each petition under subsection 
        (c)(1)(A) shall contain the following facts and information:
                    (A) The alien graduated from an institution of 
                higher education, as evidenced by an official report 
                from the registrar--
                            (i) within six years, in the case of a 
                        four-year bachelor's degree program; or
                            (ii) within four years, in the case of the 
                        degree program of a two-year institution.
                    (B) The alien maintained good moral character.
                    (C) The alien has not been convicted of any offense 
                described in section 237(a)(2) or 237(a)(4).
                    (D) The alien has maintained continuous physical 
                residence in the United States.
            (2) Period for filing petition.--The petition under 
        subsection (c)(1)(A) must be filed during the 90-day period 
        after the alien's graduation from a institution of higher 
        education.
    (e) Treatment of Period for Purposes of Naturalization.--For 
purposes of title III of the Immigration and Nationality Act, in the 
case of an alien who is in the United States as a lawful permanent 
resident on a conditional basis under this section, the alien shall be 
considered to have been admitted as an alien lawfully admitted for 
permanent residence and to be in the United States as an alien lawfully 
admitted to the United States for permanent residence.
    (f) Treatment of Certain Waivers.--In the case of an alien who has 
permanent residence status on a conditional basis under this section, 
if, in order to obtain such status, the alien obtained a waiver under 
subsection (h) or (i) of section 212 of the Immigration and Nationality 
Act of certain grounds of inadmissibility, such waiver terminates upon 
the termination of such permanent residence status under this section.
    (g) Institution of Higher Education Defined.--In this section, the 
term ``institution of higher education'' has the meaning given the term 
in section 101 of the Higher Education Act of 1965 (20 U.S.C.1001).

SEC. 5. GAO REPORT.

    Six years after the date of enactment of this Act, the Comptroller 
General of the United States shall submit a report to the Committees on 
the Judiciary of the Senate and the House of Representatives setting 
forth--
            (1) the number of aliens who were eligible for cancellation 
        of removal and adjustment of status during the application 
        period described in section 3(a)(1)(A);
            (2) the number of aliens who applied for adjustment of 
        status under section 3(a);
            (3) the number of aliens who were granted adjustment of 
        status under section 3(a); and
            (4) the number of aliens with respect to whom the 
        conditional basis of their status was removed under section 4.
                                 <all>
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