I 

117TH CONGRESS 

1ST SESSION H. R. 1909 

To amend the Immigration and Nationality Act to provide for the adjustment 

of status of essential workers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 16, 2021 

Mr. CASTRO of Texas (for himself, Mr. LIEU, Mr. VARGAS, Ms. BARRAGA ́N, 

Mr. VELA, Mr. ESPAILLAT, Ms. GARCIA of Texas, Mr. MCGOVERN, Mr. 

BLUMENAUER, Mrs. NAPOLITANO, Mr. TORRES of New York, Ms. NORTON, Mr. CONNOLLY, Mr. GALLEGO, Mr. CORREA, Mr. SOTO, Mr. JOHNSON of Georgia, Ms. WILLIAMS of Georgia, Ms. MENG, Ms. VELA ́ZQUEZ, 

Mr. KHANNA, Mr. RUSH, Mr. JONES, Ms. MCCOLLUM, Mr. BROWN, Mr. 

CARBAJAL, Mr. LOWENTHAL, Ms. JACOBS of California, Ms. LEE of California, Mr. GRIJALVA, Ms. JAYAPAL, Mrs. DEMINGS, Mr. GOMEZ, Mr. 

GREEN of Texas, Mr. DANNY K. DAVIS of Illinois, Mr. CA ́RDENAS, Ms. 

LEGER FERNANDEZ, Mr. TAKANO, Mr. SMITH of Washington, Ms. 

ESCOBAR, Ms. NEWMAN, Mr. GARCI ́A of Illinois, Ms. DEGETTE, Mrs. 

BEATTY, Ms. DEAN, Ms. CLARKE of New York, Mr. CICILLINE, Ms. 

SA ́NCHEZ, Ms. ADAMS, Ms. DELAURO, Mr. PALLONE, Ms. CHU, and Mr. 

SUOZZI) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to provide 

for the adjustment of status of essential workers, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Citizenship for Essen3 tial Workers Act’’. 

4 SEC. 2. ADJUSTMENT OF STATUS OF ESSENTIAL WORKERS. 

5 (a) IN GENERAL.—Chapter 5 of title II of the Immi6 gration and Nationality Act (8 U.S.C. 1255 et seq.) is 

7 amended by inserting after section 245A, the following: 

8 ‘‘SEC. 245B. ADJUSTMENT OF STATUS FOR ESSENTIAL 

9 WORKERS. 

10 ‘‘(a) ADJUSTMENT OF STATUS FOR ESSENTIAL

11 WORKERS.—Notwithstanding any other provision of law, 

12 the Secretary of Homeland Security (referred to in this 

13 section as the ‘Secretary’) or the Attorney General shall 

14 adjust to the status of an alien lawfully admitted for per15 manent residence— 

16 ‘‘(1) an alien who— 

17 ‘‘(A) satisfies the eligibility requirements 

18 set forth in subsection (b); and 

19 ‘‘(B) submits an application and satisfies 

20 the criminal and national security background 

21 checks and payment of applicable fees pursuant 

22 to the procedures set forth in subsection (d); 

23 and 

24 ‘‘(2) the parents, spouse, sons, and daughters 

25 of such alien. 


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1 ‘‘(b) ELIGIBILITY.—An alien applying for status 

2 under subsection (a) shall satisfy the following require3 ments: 

4 ‘‘(1) ALIENS WORKING IN CERTAIN SECTORS, 

5 INDUSTRIES, AND OCCUPATIONS.—Except as pro6 vided in paragraph (2), the alien shall have, at any 

7 point during the period described in subsection (i), 

8 earned income for work in any of the following pri9 vate, public, or nonprofit sectors, industries, or occu10 pations: 

11 ‘‘(A) Health care. 

12 ‘‘(B) Emergency response. 

13 ‘‘(C) Sanitation. 

14 ‘‘(D) Restaurant ownership, food prepara15 tion, vending, catering, food packaging, food 

16 services, or delivery. 

17 ‘‘(E) Hotel or retail. 

18 ‘‘(F) Fish, poultry, and meat processing 

19 work. 

20 ‘‘(G) Agricultural work, including labor 

21 that is seasonal in nature. 

22 ‘‘(H) Commercial or residential land23 scaping. 

24 ‘‘(I) Commercial or residential construction 

25 or renovation. 


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1 ‘‘(J) Housing, residential, and commercial 

2 construction related activities or public works 

3 construction. 

4 ‘‘(K) Domestic work in private households, 

5 including child care, home care, or house clean6 ing. 

7 ‘‘(L) Natural disaster recovery, disaster re8 construction, and related construction. 

9 ‘‘(M) Home and community-based work, 

10 including— 

11 ‘‘(i) home health care; 

12 ‘‘(ii) residential care; 

13 ‘‘(iii) assistance with activities of daily 

14 living; 

15 ‘‘(iv) any service provided by direct 

16 care workers (as defined in section 799B 

17 of the Public Health Service Act (42 

18 U.S.C. 295p)), personal care aides, job 

19 coaches, or supported employment pro20 viders; and 

21 ‘‘(v) any other provision of care to in22 dividuals in their homes by direct service 

23 providers, personal care attendants, and 

24 home health aides. 


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1 ‘‘(N) Family care, including child care 

2 services, in-home child care services such as 

3 nanny services, and care services provided by 

4 family members to other family members. 

5 ‘‘(O) Manufacturing. 

6 ‘‘(P) Warehousing. 

7 ‘‘(Q) Transportation or logistics. 

8 ‘‘(R) Janitorial. 

9 ‘‘(S) Laundromat and dry-cleaning opera10 tors. 

11 ‘‘(T) Any other work in ‘essential critical 

12 infrastructure labor or services’, as described in 

13 the memorandum of the Department of Home14 land Security entitled ‘Advisory Memorandum 

15 on Identification of Essential Critical Infra16 structure Workers During COVID–19 Re17 sponse’ issued on March 28, 2020 (as revised), 

18 on any date during the period described in sub19 section (i). 

20 ‘‘(U) Any other work that a State or local 

21 government considers to be essential during the 

22 emergency referred to in subsection (i). 

23 ‘‘(2) CERTAIN OTHER ELIGIBLE ALIENS.—An 

24 alien not described in paragraph (1)— 

25 ‘‘(A) shall— 


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1 ‘‘(i)(I) have earned income in any sec2 tor, industry, or occupation described in 

3 that paragraph on any date during the pe4 riod described in subsection (i) but was un5 able to continue that work through no 

6 fault of the alien, including because the 

7 working conditions posed a high degree of 

8 risk to the alien’s health and safety; and 

9 ‘‘(II) have been seeking to resume 

10 work in any such sector, industry, or occu11 pation; 

12 ‘‘(B) is the surviving parent, spouse, son, 

13 or daughter of an alien who— 

14 ‘‘(i) performed any service or labor for 

15 remuneration in any sector, industry, or 

16 occupation described in that paragraph on 

17 any date during the period described in 

18 subsection (i); and 

19 ‘‘(ii) died due to COVID–19; or 

20 ‘‘(C) is the parent, spouse, son, or daugh21 ter of a member of the Armed Forces, including 

22 the National Guard. 

23 ‘‘(3) PHYSICAL PRESENCE.— 

24 ‘‘(A) DATE OF SUBMITTAL OF APPLICA25 TION.—The alien shall be physically present in 


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1 the United States on the date on which the ap2 plication is submitted. 

3 ‘‘(B) CONTINUOUS PHYSICAL PRESENCE.— 

4 ‘‘(i) IN GENERAL.—Except as pro5 vided in clause (ii), the alien shall have 

6 been continuously physically present in the 

7 United States beginning on January 1, 

8 2021, and ending on the date on which the 

9 application is approved. 

10 ‘‘(ii) EXCEPTIONS.— 

11 ‘‘(I) AUTHORIZED ABSENCE.—An 

12 alien who departed temporarily from 

13 the United States shall not be consid14 ered to have failed to maintain contin15 uous physical presence in the United 

16 States during any period of travel 

17 that was authorized by the Secretary. 

18 ‘‘(II) BRIEF, CASUAL, AND INNO19 CENT ABSENCES.— 

20 ‘‘(aa) IN GENERAL.—An 

21 alien who departed temporarily 

22 from the United States shall not 

23 be considered to have failed to 

24 maintain continuous physical 

25 presence in the United States if 


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1 the alien’s absences from the 

2 United States are brief, casual, 

3 and innocent, whether or not 

4 such absences were authorized by 

5 the Secretary. 

6 ‘‘(bb) ABSENCES MORE

7 THAN 180 DAYS.—For purposes 

8 of this clause, an absence of more 

9 than 180 days, in the aggregate, 

10 during a calendar year shall not 

11 be considered brief, unless the 

12 Secretary finds that the length of 

13 the absence was due to cir14 cumstances beyond the alien’s 

15 control, including the serious ill16 ness of the alien, death or serious 

17 illness of a spouse, parent, 

18 grandparent, grandchild, sibling, 

19 son, or daughter of the alien, or 

20 due to international travel re21 strictions. 

22 ‘‘(iii) EFFECT OF NOTICE TO AP23 PEAR.—Issuance of a notice to appear 

24 under section 239(a) shall not be consid25 ered to interrupt the continuity of a alien’s 


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1 continuous physical presence in the United 

2 States. 

3 ‘‘(c) GROUNDS FOR INELIGIBILITY.— 

4 ‘‘(1) CERTAIN GROUNDS OF INADMIS5 SIBILITY.— 

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (B), an alien shall be ineligible for status 

8 under this section if the alien— 

9 ‘‘(i) is inadmissible under paragraph 

10 (2), (3), (6)(E), (8), (10)(C), or (10)(E) of 

11 section 212(a); 

12 ‘‘(ii) has been convicted of a felony of13 fense (excluding any offense under State 

14 law for which an essential element in the 

15 alien’s immigration status); or 

16 ‘‘(iii) has been convicted of 3 or more 

17 misdemeanor offenses (excluding simple 

18 possession of cannabis or cannabis-related 

19 paraphernalia, any offense involving can20 nabis or cannabis-related paraphernalia 

21 that is no longer prosecutable in the State 

22 in which the conviction was entered, any 

23 offense under State law for which an es24 sential element is the alien’s immigration 

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1 dience without violence, and any minor 

2 traffic offense) not occurring on the same 

3 date, and not arising out of the same act, 

4 omission, or scheme of misconduct. 

5 ‘‘(B) WAIVERS.— 

6 ‘‘(i) IN GENERAL.—For purposes of 

7 subparagraph (A), the Secretary may, for 

8 humanitarian purposes, family unity, or if 

9 otherwise in the public interest— 

10 ‘‘(I) waive inadmissibility 

11 under— 

12 ‘‘(aa) subparagraphs (A), 

13 (C), and (D) of section 

14 212(a)(2); and 

15 ‘‘(bb) paragraphs (6)(E), 

16 (8), (10)(C), and (10)(E) of such 

17 section; 

18 ‘‘(II) waive ineligibility under 

19 subparagraph (A)(ii) (excluding of20 fenses described in section 

21 101(a)(43)(A)) or inadmissibility 

22 under subparagraph (B) of section 

23 212(a)(2) if the alien has not been 

24 convicted of any offense during the 

25 10-year period preceding the date on 


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1 which the alien applies for status 

2 under this section; and 

3 ‘‘(III) for purposes of subpara4 graph (A)(iii), waive consideration 

5 of— 

6 ‘‘(aa) 1 misdemeanor offense 

7 if, during the 5-year period pre8 ceding the date on which the 

9 alien applies for status under this 

10 section the alien has not been 

11 convicted of any offense; or 

12 ‘‘(bb) 2 misdemeanor of13 fenses if, during the 10-year pe14 riod preceding such date, the 

15 alien has not been convicted of 

16 any offense. 

17 ‘‘(ii) CONSIDERATIONS.—In making a 

18 determination under subparagraph (B), 

19 the Secretary of Homeland Security or the 

20 Attorney General shall consider all miti21 gating and aggravating factors, includ22 ing— 

23 ‘‘(I) the severity of the under24 lying circumstances, conduct, or viola25 tion; 


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1 ‘‘(II) the duration of the alien’s 

2 residence in the United States; 

3 ‘‘(III) evidence of rehabilitation, 

4 if applicable; and 

5 ‘‘(IV) the extent to which the 

6 alien’s removal, or the denial of the 

7 alien’s application, would adversely af8 fect the alien or the alien’s United 

9 States citizen or lawful permanent 

10 resident family members. 

11 ‘‘(2) ALIENS IN CERTAIN IMMIGRATION

12 STATUSES.—An alien shall be ineligible for adjust13 ment of status under this section if, on January 1, 

14 2021, the alien was any of the following: 

15 ‘‘(A) An alien lawfully admitted for perma16 nent residence. 

17 ‘‘(B) An alien admitted as a refugee under 

18 section 207 or granted asylum under section 

19 208. 

20 ‘‘(C) An alien who, according to the 

21 records of the Secretary or the Secretary of 

22 State, was in a period of authorized stay in a 

23 nonimmigrant status described in section 

24 101(a)(15), other than— 


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1 ‘‘(i) the spouse, son, or daughter of an 

2 alien who is eligible for status under this 

3 section; 

4 ‘‘(ii) an alien who is considered to be 

5 in a nonimmigrant status solely by reason 

6 of section 702 of the Consolidated Natural 

7 Resources Act of 2008 (Public Law 110– 

8 229; 122 Stat. 854) or section 244(f)(4) of 

9 this Act; and 

10 ‘‘(iii) a nonimmigrant described in 

11 section 101(a)(15)(H)(ii). 

12 ‘‘(iv) a nonimmigrant who is described 

13 in subsection (b). 

14 ‘‘(D) An alien paroled into the Common15 wealth of the Northern Mariana Islands or 

16 Guam who did not reside in the Commonwealth 

17 or Guam on November 28, 2009. 

18 ‘‘(3) CERTAIN ALIENS OUTSIDE THE UNITED

19 STATES AND UNLAWFUL REENTRANTS.—An alien 

20 shall be ineligible for adjustment of status under 

21 this section if the alien— 

22 ‘‘(A) departed the United States while sub23 ject to an order of exclusion, deportation, re24 moval, or voluntary departure; and 


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1 ‘‘(B)(i) was outside the United States on 

2 January 1, 2021; or 

3 ‘‘(ii) reentered the United States unlaw4 fully after January 1, 2021. 

5 ‘‘(d) APPLICATION.— 

6 ‘‘(1) FEE.— 

7 ‘‘(A) IN GENERAL.—The Secretary shall, 

8 subject to an exemption under subparagraph 

9 (B), require an alien applying for adjustment of 

10 status under this section to pay a reasonable 

11 fee commensurate with the cost of processing 

12 the application. 

13 ‘‘(B) EXEMPTIONS.—An applicant may, in 

14 the discretion of the Secretary, be exempted 

15 from paying an application fee required under 

16 this paragraph if the applicant— 

17 ‘‘(i) received total income, during the 

18 1-year period immediately preceding the 

19 date on which the applicant files an appli20 cation under this section, that is less than 

21 250 percent of the Federal poverty line; 

22 ‘‘(ii) is younger than 21 years of age; 

23 ‘‘(iii) is in foster care or is a juvenile 

24 who lacks any parental or other familial 

25 support; or 


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1 ‘‘(iv) cannot care for himself or her2 self because of a serious disability. 

3 ‘‘(C) INSTALLMENTS.—The Secretary may 

4 allow applicants to pay the fee under this para5 graph in installments. 

6 ‘‘(2) BACKGROUND CHECKS.—The Secretary 

7 may not grant an alien permanent resident status 

8 under this section until a background check has 

9 been completed. 

10 ‘‘(3) WITHDRAWAL OF APPLICATION.— 

11 ‘‘(A) IN GENERAL.—On receipt of a re12 quest to withdraw an application under this sec13 tion, the Secretary shall cease processing of the 

14 application and close the case. 

15 ‘‘(B) EFFECT OF WITHDRAWAL.—With16 drawal of such an application shall not preju17 dice any future application filed by the appli18 cant for any immigration benefit under this 

19 Act. 

20 ‘‘(e) EMPLOYER REQUIREMENTS.— 

21 ‘‘(1) IN GENERAL.—On request, an employer, 

22 the agent of an employer, or any person who pro23 vides compensation directly or indirectly to a worker 

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1 uments that will assist the worker’s filing of an ap2 plication under subsection (d). 

3 ‘‘(2) EFFECT OF DELAY OR NONCOMPLIANCE.— 

4 With respect to a request described in paragraph 

5 (1), delay or noncompliance on the part of an em6 ployer, the agent of an employer, or the person who 

7 provides compensation directly or indirectly shall re8 sult in an escalating fine that accrues for the dura9 tion of the delay or noncompliance. 

10 ‘‘(f) EMPLOYER PROTECTIONS.—No part of an 

11 alien’s application or request for documents under sub12 section (e) shall be used as evidence regarding an employ13 er’s or any other person’s hiring, employment, or contin14 ued employment of an alien described in subsection (b) 

15 for purposes of demonstrating a violation of section 

16 274A(a) of the Immigration and Nationality Act (8 U.S.C. 

17 1324a(a)) so long as the employer or other person has 

18 complied with such subsection (e). 

19 ‘‘(g) WORKER PROTECTIONS.— 

20 ‘‘(1) IN GENERAL.—An employer, the agent of 

21 an employer, or any person who provides compensa22 tion directly or indirectly to a worker for labor or 

23 service shall not take an adverse action against a 

24 worker based on a request made by the worker in 

25 good faith for documents or information to support 


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1 an application for adjustment of status under this 

2 section. 

3 ‘‘(2) PRESUMPTION.— 

4 ‘‘(A) IN GENERAL.—If any person or enti5 ty described in paragraph (1) takes an adverse 

6 action against such a worker within 90 days of 

7 the worker’s request for such documentation or 

8 information, such conduct shall raise a pre9 sumption that the adverse action was carried 

10 out in— 

11 ‘‘(i) response to such request; and 

12 ‘‘(ii) in violation of this subsection. 

13 ‘‘(B) REBUTTAL.—The presumption under 

14 subparagraph (A) may be rebutted by clear and 

15 convincing evidence that the adverse action was 

16 taken for other permissible reasons. 

17 ‘‘(3) CIVIL ACTION.—A worker may bring a 

18 civil action in a Federal or State court of competent 

19 jurisdiction against any person or entity described in 

20 paragraph (1) that violates this subsection to seek 

21 such legal or equitable relief as may be appropriate, 

22 including reinstatement, promotion, the payment of 

23 wages lost, an additional equal amount as liquidated 

24 damages, and punitive damages. An action com25 menced under this paragraph may be commenced 


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1 within 2 years after the cause of action accrued. In 

2 any judgment in favor of a worker, and in any pro3 ceeding to enforce such a judgment, the court shall 

4 award reasonable attorney’s fees and costs to the 

5 prevailing plaintiff. 

6 ‘‘(h) CLARIFICATION.—Nothing in this section shall 

7 be construed to require an alien described in subsection 

8 (b) to appear before an agent of the Department of Home9 land Security or any other Federal agency for an inter10 view. 

11 ‘‘(i) PERIOD DESCRIBED.—The period described in 

12 this subsection— 

13 ‘‘(1) begins on the first day of the public health 

14 emergency declared by the Secretary of Health and 

15 Human Services under section 319 of the Public 

16 Health Service Act (42 U.S.C. 247d) with respect to 

17 COVID–19; and 

18 ‘‘(2) ends on the date that is 90 days after the 

19 date on which such public health emergency termi20 nates. 

21 ‘‘(j) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC

22 DATA.— 

23 ‘‘(1) IN GENERAL.— 

24 ‘‘(A) IN GENERAL.—The Secretary may 

25 not grant an alien adjustment of status under 


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1 this section unless the alien submits biometric 

2 and biographic data, in accordance with proce3 dures established by the Secretary. 

4 ‘‘(B) ALTERNATIVE PROCEDURE.—The 

5 Secretary shall provide an alternative procedure 

6 for aliens who are unable to provide such bio7 metric or biographic data due to a physical or 

8 mental impairment or bona fide religious objec9 tion. 

10 ‘‘(2) BACKGROUND CHECKS.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall 

12 use biometric and biographic data— 

13 ‘‘(i) to conduct security and law en14 forcement background checks; and 

15 ‘‘(ii) to determine whether there is 

16 any criminal, national security, or other 

17 factor that would render the alien ineligible 

18 for adjustment of status under this section. 

19 ‘‘(B) COMPLETION REQUIRED.— 

20 ‘‘(i) IN GENERAL.—The status of an 

21 alien may not be adjusted under this sec22 tion unless security and law enforcement 

23 background checks are completed to the 

24 satisfaction of the Secretary. 

25 ‘‘(ii) TIMELINE.— 


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1 ‘‘(I) IN GENERAL.—Except as 

2 provided in subclause (II), the secu3 rity and law enforcement background 

4 checks required by this paragraph 

5 shall be completed within 60 days. 

6 ‘‘(II) EXTENSION FOR GOOD

7 CAUSE.—The Secretary may extend 

8 the timeline under subclause (I) for 

9 good cause and, in the case of such an 

10 extension, shall communicate the 

11 delay to the applicant. 

12 ‘‘(k) ADJUDICATION.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall evalu14 ate each application filed pursuant to this section to 

15 determine whether the alien meets all applicable re16 quirements. 

17 ‘‘(2) ADJUSTMENT OF STATUS IF FAVORABLE

18 DETERMINATION.—If the Secretary determines that 

19 the alien meets the requirements under this section, 

20 the Secretary shall— 

21 ‘‘(A) notify the alien of such determina22 tion; and 

23 ‘‘(B) adjust the status of the alien to that 

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1 idence, effective as of the date of such deter2 mination. 

3 ‘‘(3) ADVERSE DETERMINATION.—If the Sec4 retary determines that the alien does not meet the 

5 requirements for status under this section, the Sec6 retary shall notify the alien of such determination. 

7 ‘‘(l) ALIENS ORDERED REMOVED.— 

8 ‘‘(1) IN GENERAL.—An alien present in the 

9 United States who has been ordered removed or has 

10 been permitted to depart voluntarily from the United 

11 States, notwithstanding such order or permission to 

12 depart, may apply for adjustment of status under 

13 this section. 

14 ‘‘(2) OPPORTUNITY TO APPLY.— 

15 ‘‘(A) IN GENERAL.—An alien who appears 

16 to be prima facie eligible for relief under this 

17 section shall be given a reasonable opportunity 

18 to apply for such relief and shall not be re19 moved until a final decision establishing ineligi20 bility for relief is rendered. 

21 ‘‘(B) MOTION NOT REQUIRED.—Such alien 

22 shall not be required to file a separate motion 

23 to reopen, reconsider, or vacate the order of re24 moval. 


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1 ‘‘(C) EFFECT OF APPROVAL.—If the Sec2 retary approves the application, the Secretary 

3 or the Attorney General shall vacate the order 

4 of removal and terminate any removal pro5 ceedings. 

6 ‘‘(D) EFFECT OF DENIAL.—If the Sec7 retary renders a final administrative decision to 

8 deny the application, the order of removal or 

9 permission to depart shall be effective and en10 forceable to the same extent as if the applica11 tion had not been made, but only after all avail12 able administrative and judicial remedies have 

13 been exhausted. 

14 ‘‘(m) ADVANCE PAROLE.— 

15 ‘‘(1) IN GENERAL.—During the period begin16 ning on the date on which an alien applies for ad17 justment of status under this section and ending on 

18 the date on which the Secretary makes a final deci19 sion regarding such application, the alien shall be el20 igible to apply for advance parole based on any rea21 sonable need to travel. 

22 ‘‘(2) APPLICABILITY.—Section 101(g) of the 

23 Immigration and Nationality Act (8 U.S.C. 1101(g)) 

24 shall not apply to an alien granted advance parole 

25 under this subsection. 


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1 ‘‘(n) EMPLOYMENT AUTHORIZATION.— 

2 ‘‘(1) IN GENERAL.— 

3 ‘‘(A) IN GENERAL.—An alien whose re4 moval is stayed pursuant to this section or who 

5 has a pending an application under this section 

6 shall, on application to the Secretary, be grant7 ed an employment authorization document. 

8 ‘‘(B) TIMELINE FOR ISSUANCE.— 

9 ‘‘(i) IN GENERAL.—Except as pro10 vided in clause (ii), an employment author11 ization document shall be issued within 30 

12 days. 

13 ‘‘(ii) EXTENSION FOR GOOD CAUSE.— 

14 The Secretary may extend the timeline 

15 under clause (ii) for good cause and, in the 

16 case of such an extension, shall commu17 nicate the delay to the applicant. 

18 ‘‘(2) RECEIPT OF APPLICATION.— 

19 ‘‘(A) IN GENERAL.—As soon as practicable 

20 after receiving an application for status under 

21 this section, the Secretary shall provide the ap22 plicant with a document acknowledging receipt 

23 of such application. 


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1 ‘‘(B) EVIDENCE OF EMPLOYMENT AU2 THORIZATION.—A document issued under sub3 paragraph (A) shall— 

4 ‘‘(i) serve as interim evidence of the 

5 alien’s authorization to accept employment 

6 in the United States; and 

7 ‘‘(ii) be accepted by an employer as 

8 evidence of employment authorization 

9 under section 274A(b)(1)(C) pending a 

10 final decision on the application. 

11 ‘‘(o) EXEMPTION FROM NUMERICAL LIMITATION.— 

12 Nothing in this section or in any other law may be con13 strued— 

14 ‘‘(1) to limit the number of aliens who may be 

15 granted permanent resident status under this sec16 tion; or 

17 ‘‘(2) to count against any other numerical limi18 tation under this Act. 

19 ‘‘(p) ADMINISTRATIVE REVIEW.— 

20 ‘‘(1) EXCLUSIVE ADMINISTRATIVE REVIEW.— 

21 Administrative review of a determination with re22 spect to an application for status under this section 

23 shall be conducted solely in accordance with this 

24 subsection. 

25 ‘‘(2) ADMINISTRATIVE APPELLATE REVIEW.— 


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1 ‘‘(A) ESTABLISHMENT OF ADMINISTRA2 TIVE APPELLATE AUTHORITY.—The Secretary 

3 shall establish or designate an appellate author4 ity to provide for a single level of administrative 

5 appellate review of determinations with respect 

6 to applications for, and revocations of, status 

7 under this section. 

8 ‘‘(B) SINGLE APPEAL FOR EACH ADMINIS9 TRATIVE DECISION.— 

10 ‘‘(i) IN GENERAL.—An alien in the 

11 United States whose application for status 

12 under this section has been denied or 

13 whose status under this section has been 

14 revoked may file with the Secretary not 

15 more than 1 appeal of each such decision. 

16 ‘‘(ii) CHANGED CIRCUMSTANCE.—On 

17 a showing of changed circumstances, the 

18 Secretary may waive the numerical limita19 tion under clause (i). 

20 ‘‘(iii) NOTICE OF APPEAL.— 

21 ‘‘(I) IN GENERAL.—A notice of 

22 appeal filed under this paragraph 

23 shall be filed not later than 90 days 

24 after the date of service of the denial 

25 or revocation, unless the delay beyond 


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1 the 90-day period is reasonably justifi2 able. 

3 ‘‘(II) WAIVER.—On showing that 

4 the delay was reasonably justifiable, 

5 the Secretary may waive the time lim6 itation described in subclause (I). 

7 ‘‘(III) SERVICE.—Service of a 

8 notice of appeal under this clause 

9 shall be provided in English, Spanish, 

10 and any other language that the alien 

11 concerned is known to understand, 

12 and shall be made upon counsel of 

13 record. 

14 ‘‘(C) REVIEW BY SECRETARY.—Nothing in 

15 this paragraph may be construed to limit the 

16 authority of the Secretary to certify appeals for 

17 review and final administrative decision. 

18 ‘‘(D) DENIAL OF PETITIONS FOR DEPEND19 ENTS.—A decision to deny, or revoke the ap20 proval of, a petition filed by an alien to classify 

21 a spouse, son, daughter, or child of the alien as 

22 the spouse, son, daughter, or child for purposes 

23 of status under this section may be appealed 

24 under this paragraph. 


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1 ‘‘(E) RECORD FOR REVIEW.—Administra2 tive appellate review under this paragraph shall 

3 be de novo and based solely upon— 

4 ‘‘(i) the administrative record estab5 lished at the time of the determination on 

6 the application; and 

7 ‘‘(ii) any additional newly discovered 

8 or previously unavailable evidence. 

9 ‘‘(3) STAY OF REMOVAL.—An alien seeking ad10 ministrative review of a denial, or revocation of ap11 proval, of an application under this section shall not 

12 be removed from the United States before a final de13 cision is rendered establishing ineligibility for lawful 

14 permanent residence. 

15 ‘‘(q) INFORMATION PRIVACY.— 

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (3), no officer or employee of the United 

18 States may— 

19 ‘‘(A) disclose (directly or indirectly, includ20 ing through inclusion in a database), access, or 

21 use the information provided by an alien pursu22 ant to an application filed under this section 

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1 migration enforcement, including the initiation 

2 of removal proceedings; or 

3 ‘‘(B) publish any information provided 

4 pursuant to an application under this section. 

5 ‘‘(2) REFERRALS PROHIBITED.—The Secretary, 

6 based solely on information provided in an applica7 tion for adjustment of status under this section (in8 cluding information provided during administrative 

9 or judicial review) or an application for deferred ac10 tion pursuant to the memorandum of the Depart11 ment of Homeland Security entitled ‘Exercising 

12 Prosecutorial Discretion with Respect to Individuals 

13 Who Came to the United States as Children’ issued 

14 on June 15, 2020, may not refer an applicant to 

15 U.S. Immigration and Customs Enforcement, U.S. 

16 Customs and Border Protection, or any designee of 

17 either such entity. 

18 ‘‘(3) REQUIRED DISCLOSURE.—Notwith19 standing paragraph (1), the Attorney General or the 

20 Secretary shall provide the information provided in 

21 an application under this section, and any other in22 formation derived from such information, to an offi23 cial coroner for purposes of affirmatively identifying 

24 a deceased individual (whether or not such individual 

25 is deceased as a result of a crime). 


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1 ‘‘(4) PENALTY.—Whoever knowingly uses, pub2 lishes, or permits information to be examined in vio3 lation of this subsection shall be fined not more than 

4 $50,000. 

5 ‘‘(5) SAFEGUARDS.—The Secretary shall re6 quire appropriate administrative and physical safe7 guards to protect against direct and indirect disclo8 sure, access, and uses of information that violate 

9 this subsection. 

10 ‘‘(6) ASSESSMENTS.—Not less frequently than 

11 annually, the Secretary shall conduct an assessment 

12 that, for the preceding calendar year— 

13 ‘‘(A) analyzes the effectiveness of the safe14 guards described in paragraph (5); 

15 ‘‘(B) determines the number of authorized 

16 disclosures under paragraph (3) made; and 

17 ‘‘(C) determines the number of disclosures 

18 prohibited under paragraphs (1) and (2) made. 

19 ‘‘(r) ELIGIBILITY FOR OTHER STATUSES.—An 

20 alien’s eligibility to be lawfully admitted for permanent 

21 residence under this section shall not preclude the alien 

22 from seeking any status under any other provision of law 

23 for which the alien may otherwise be eligible. 

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1 moval orders or voluntary departure agreements for acts 

2 committed before the date of the enactment of this section 

3 shall not affect the eligibility of an alien to apply for a 

4 benefit under this section.’’. 

5 (b) JUDICIAL REVIEW.—Section 242 of the Immigra6 tion and Nationality Act (8 U.S.C. 1252) is amended— 

7 (1) in subsection (a)(2)— 

8 (A) in subparagraph (B), by inserting ‘‘the 

9 exercise of discretion specified under this title 

10 arising under’’ after ‘‘no court shall have juris11 diction to review’’; 

12 (B) in subparagraph (C), by inserting ‘‘or 

13 subsection (h)’’ after ‘‘subparagraph (D)’’; and 

14 (C) in subparagraph (D)— 

15 (i) by striking ‘‘(other than in this 

16 section)’’; and 

17 (ii) by striking ‘‘raised upon a petition 

18 for review filed with an appropriate court 

19 of appeals in accordance with this section’’; 

20 (2) in subsection (b)— 

21 (A) in paragraph (2), in the first sentence, 

22 by inserting ‘‘or, in the case of a decision ren23 dered under subsection (c), in the judicial cir24 cuit in which the petitioner resides’’ after ‘‘pro25 ceedings’’; and 


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1 (B) in paragraph (9), by striking the first 

2 sentence and inserting the following: ‘‘Except as 

3 otherwise provided in this section, judicial re4 view of a determination respecting a removal 

5 order shall be available only in judicial review 

6 of a final order under this section.’’; 

7 (3) in subsection (f)— 

8 (A) in paragraph (1), by striking ‘‘or re9 strain the operation of’’; and 

10 (B) in paragraph (2), by inserting ‘‘after 

11 all administrative and judicial review available 

12 to the alien is complete’’ before ‘‘unless’’; and 

13 (4) by adding at the end the following: 

14 ‘‘(h) JUDICIAL REVIEW OF ELIGIBILITY DETERMINA15 TIONS RELATING TO STATUS UNDER TITLE 5.— 

16 ‘‘(1) DIRECT REVIEW.—If an alien’s application 

17 under section 245B is denied, or the approval of 

18 such application is revoked, after the exhaustion of 

19 administrative appellate review under subsection (p) 

20 of that section, the alien may seek review of such de21 cision, in accordance with chapter 7 of title 5, 

22 United States Code, in the district court of the 

23 United States for the district in which the alien re24 sides. 


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1 ‘‘(2) STATUS DURING REVIEW.—During the pe2 riod in which a review described in paragraph (1) is 

3 pending— 

4 ‘‘(A) any unexpired grant of voluntary de5 parture under section 240B shall be tolled; and 

6 ‘‘(B) any order of exclusion, deportation, 

7 or removal shall automatically be stayed unless 

8 the court, in its discretion, orders otherwise. 

9 ‘‘(3) REVIEW AFTER REMOVAL PRO10 CEEDINGS.—An alien may seek judicial review of a 

11 denial or revocation of approval of the alien’s appli12 cation under section 245B in the appropriate court 

13 of appeals of the United States in conjunction with 

14 the judicial review of an order of removal, deporta15 tion, or exclusion if the validity of the denial or rev16 ocation has not been upheld in a prior judicial pro17 ceeding under paragraph (1). 

18 ‘‘(4) STANDARD FOR JUDICIAL REVIEW.— 

19 ‘‘(A) BASIS.—Judicial review of a denial or 

20 revocation of an approval of an application 

21 under section 245B shall be based upon the ad22 ministrative record established at the time of 

23 the review. 

24 ‘‘(B) AUTHORITY TO REMAND.—The re25 viewing court may remand a case under this 


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1 subsection to the Secretary of Homeland Secu2 rity (referred to in this subsection as the ‘Sec3 retary’) for consideration of additional evidence 

4 if the court finds that— 

5 ‘‘(i) the additional evidence is mate6 rial; and 

7 ‘‘(ii) there were reasonable grounds 

8 for failure to adduce the additional evi9 dence before the Secretary. 

10 ‘‘(C) SCOPE OF REVIEW.—Notwithstanding 

11 any other provision of law, judicial review of all 

12 questions arising from a denial or revocation of 

13 approval of an application under section 245B 

14 shall be governed by the standard of review set 

15 forth in section 706 of title 5, United States 

16 Code. 

17 ‘‘(5) REMEDIAL POWERS.— 

18 ‘‘(A) JURISDICTION.—Notwithstanding any 

19 other provision of law, the district courts of the 

20 United States shall have jurisdiction over any 

21 cause or claim arising from a pattern or prac22 tice of the Secretary in the operation or imple23 mentation of the Citizenship for Essential 

24 Workers Act, or the amendments made by that 


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1 Act, that is arbitrary, capricious, or otherwise 

2 contrary to law. 

3 ‘‘(B) SCOPE OF RELIEF.—The district 

4 courts of the United States may order any ap5 propriate relief in a clause or claim described in 

6 subparagraph (A) without regard to exhaustion, 

7 ripeness, or other standing requirements (other 

8 than constitutionally mandated requirements), 

9 if the court determines that— 

10 ‘‘(i) the resolution of such cause or 

11 claim will serve judicial and administrative 

12 efficiency; or 

13 ‘‘(ii) a remedy would otherwise not be 

14 reasonably available or practicable. 

15 ‘‘(6) CHALLENGES TO THE VALIDITY OF THE

16 SYSTEM.— 

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

18 paragraph (5), any claim that section 245B or 

19 any regulation, written policy, written directive, 

20 or issued or unwritten policy or practice initi21 ated by or under the authority of the Secretary 

22 to implement such section, violates the Con23 stitution of the United States or is otherwise in 

24 violation of law is available in an action insti25 tuted in a district court of the United States in 


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1 accordance with the procedures prescribed in 

2 this paragraph. 

3 ‘‘(B) SAVINGS PROVISION.—Except as pro4 vided in subparagraph (C), nothing in subpara5 graph (A) may be construed to preclude an ap6 plicant under 245B from asserting that an ac7 tion taken or a decision made by the Secretary 

8 with respect to the applicant’s status was con9 trary to law. 

10 ‘‘(C) CLASS ACTIONS.—Any claim de11 scribed in subparagraph (A) that is brought as 

12 a class action shall be brought in conformity 

13 with— 

14 ‘‘(i) the Class Action Fairness Act of 

15 2005 (Public Law 109–2; 119 Stat. 4); 

16 and 

17 ‘‘(ii) the Federal Rules of Civil Proce18 dure. 

19 ‘‘(D) PRECLUSIVE EFFECT.—The final dis20 position of any claim brought under subpara21 graph (A) shall be preclusive of any such claim 

22 asserted by the same individual in a subsequent 

23 proceeding under this subsection. 

24 ‘‘(E) EXHAUSTION AND STAY OF PRO25 CEEDINGS.— 


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1 ‘‘(i) IN GENERAL.—No claim brought 

2 under this paragraph shall require the 

3 plaintiff to exhaust administrative rem4 edies under section 245B(p). 

5 ‘‘(ii) STAY AUTHORIZED.—Nothing in 

6 this paragraph may be construed to pre7 vent the court from staying proceedings 

8 under this paragraph to permit the Sec9 retary to evaluate an allegation of an un10 written policy or practice or to take correc11 tive action. In determining whether to 

12 issue such a stay, the court shall take into 

13 account any harm the stay may cause to 

14 the claimant.’’. 

15 (c) RULEMAKING.— 

16 (1) IMPLEMENTATION.—Not later than 180 

17 days after the date of the enactment of this Act, the 

18 Secretary shall issue interim final rules, published in 

19 the Federal Register, implementing section 245B of 

20 the Immigration and Nationality Act, as added by 

21 this Act. 

22 (2) EFFECTIVE DATE.—Notwithstanding sec23 tion 553 of title 5, United States Code, the rules 

24 issued under this subsection shall be effective, on an 

25 interim basis, immediately upon publication, but 


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1 may be subject to change and revision after public 

2 notice and opportunity for a period of public com3 ment. 

4 (3) FINAL RULES.—Not later than 180 days 

5 after the date of publication under paragraph (2), 

6 the Secretary shall finalize the interim rules. 

7 (d) RULE OF CONSTRUCTION.—Section 244(h) of the 

8 Immigration and Nationality Act (8 U.S.C. 1254a(h)) 

9 may not be construed to limit the authority of the Sec10 retary to adjust the status of an alien under section 245B 

11 of the Immigration and Nationality Act, as added by this 

12 Act. 

13 (e) ELIGIBILITY FOR SERVICES.—Section 504(a)(11) 

14 of the Omnibus Consolidated Rescissions and Appropria15 tions Act of 1996 (Public Law 104–134; 110 Stat. 1321– 

16 54) shall not be construed to prevent a recipient of funds 

17 under title X of the Economic Opportunity Act of 1964 

18 (42 U.S.C. 2996 et seq.) from providing legal assistance 

19 directly related to an application for status under section 

20 245B of the Immigration and Nationality Act, as added 

21 by this Act, or to an alien granted such status. 

22 (f) TECHNICAL AND CONFORMING AMENDMENT.— 

23 The table of contents for the Immigration and Nationality 

24 Act (8 U.S.C. 1101 et seq.) is amended by inserting after 

25 the item relating to section 245A the following: 

‘‘Sec. 245B. Adjustment of status for essential workers.’’. 


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1 SEC. 3. RESTORING FAIRNESS TO ADJUDICATIONS. 

2 (a) WAIVER OF GROUNDS OF INADMISSIBILITY.— 

3 Section 212 of the Immigration and Nationality Act (8 

4 U.S.C. 1182) is amended by inserting after subsection (b) 

5 the following: 

6 ‘‘(c) HUMANITARIAN, FAMILY UNITY, AND PUBLIC

7 INTEREST WAIVER.— 

8 ‘‘(1) IN GENERAL.—Notwithstanding any other 

9 provision of law, except section 245B(c)(1)(B), the 

10 Secretary of Homeland Security or the Attorney 

11 General may waive the operation of any 1 or more 

12 grounds of inadmissibility under this section (exclud13 ing inadmissibility under subsection (a)(3)) for any 

14 purpose, including eligibility for relief from re15 moval— 

16 ‘‘(A) for humanitarian purposes; 

17 ‘‘(B) to ensure family unity; or 

18 ‘‘(C) if a waiver is otherwise in the public 

19 interest. 

20 ‘‘(2) CONSIDERATIONS.—In making a deter21 mination under paragraph (1), the Secretary of 

22 Homeland Security or the Attorney General shall 

23 consider all mitigating and aggravating factors, in24 cluding— 

25 ‘‘(A) the severity of the underlying cir26 cumstances, conduct, or violation; 


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1 ‘‘(B) the duration of the alien’s residence 

2 in the United States; 

3 ‘‘(C) evidence of rehabilitation, if applica4 ble; and 

5 ‘‘(D) the extent to which the alien’s re6 moval, or the denial of the alien’s application, 

7 would adversely affect the alien or the alien’s 

8 United States citizen or lawful permanent resi9 dent family members.’’. 

10 (b) WAIVER OF GROUNDS OF DEPORTABILITY.—Sec11 tion 237(a) of the Immigration and Nationality Act (8 

12 U.S.C. 1227(a)) is amended by adding at the end the fol13 lowing: 

14 ‘‘(8) HUMANITARIAN, FAMILY UNITY, AND PUB15 LIC INTEREST WAIVER.— 

16 ‘‘(A) IN GENERAL.—Notwithstanding any 

17 other provision of law, except section 

18 245B(c)(1)(B), the Secretary of Homeland Se19 curity or the Attorney General may waive the 

20 operation of any 1 or more grounds of deport21 ability under this subsection (excluding deport22 ability under paragraph (2)(A)(iii) based on a 

23 conviction described in section 101(a)(43)(A) 

24 and deportability under paragraph (4)) for any 


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1 purpose, including eligibility for relief from re2 moval— 

3 ‘‘(i) for humanitarian purposes; 

4 ‘‘(ii) to ensure family unity; or 

5 ‘‘(iii) if a waiver is otherwise in the 

6 public interest. 

7 ‘‘(B) CONSIDERATIONS.—In making a de8 termination under subparagraph (A), the Sec9 retary of Homeland Security or the Attorney 

10 General shall consider all mitigating and aggra11 vating factors, including— 

12 ‘‘(i) the severity of the underlying cir13 cumstances, conduct, or violation; 

14 ‘‘(ii) the duration of the alien’s resi15 dence in the United States; 

16 ‘‘(iii) evidence of rehabilitation, if ap17 plicable; and 

18 ‘‘(iv) the extent to which the alien’s 

19 removal, or the denial of the alien’s appli20 cation, would adversely affect the alien or 

21 the alien’s United States citizen or lawful 

22 permanent resident family members.’’. 

23 (c) REPEAL OF 3-YEAR, 10-YEAR, AND PERMANENT

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1 ality Act (8 U.S.C. 1182(a)(9)) is amended to read as fol2 lows: 

3 ‘‘(9) ALIENS PREVIOUSLY REMOVED.— 

4 ‘‘(A) ARRIVING ALIEN.—Any alien who has 

5 been ordered removed under section 235(b)(1) 

6 or at the end of proceedings under section 240 

7 initiated upon the alien’s arrival in the United 

8 States and who again seeks admission within 5 

9 years of the date of such removal (or within 20 

10 years in the case of a second or subsequent re11 moval or at any time in the case of an alien 

12 convicted of an aggravated felony) is inadmis13 sible. 

14 ‘‘(B) OTHER ALIENS.—Any alien not de15 scribed in subparagraph (A) who seeks admis16 sion within 10 years of the date of such alien’s 

17 departure or removal (or within 20 years of 

18 such date in the case of a second or subsequent 

19 removal or at any time in the case of an alien 

20 convicted of an aggravated felony) is inadmis21 sible if the alien— 

22 ‘‘(i) has been ordered removed under 

23 section 240 or any other provision of law; 

24 or 


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1 ‘‘(ii) departed the United States while 

2 an order of removal was outstanding. 

3 ‘‘(C) EXCEPTION.—Subparagraphs (A) 

4 and (B) shall not apply to an alien seeking ad5 mission within a period if, prior to the date of 

6 the alien’s reembarkation at a place outside the 

7 United States or attempt to be admitted from 

8 foreign contiguous territory, the Secretary of 

9 Homeland Security has consented to the alien’s 

10 reapplying for admission.’’. 

11 SEC. 4. EXPUNGEMENT AND SENTENCING. 

12 (a) DEFINITION OF CONVICTION.— 

13 (1) IN GENERAL.—Section 101(a)(48) of the 

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

15 1101(a)(48)) is amended to read as follows: 

16 ‘‘(48)(A) The term ‘conviction’ means, with respect 

17 to an alien, a formal judgment of guilt of the alien entered 

18 by a court. 

19 ‘‘(B) The following may not be considered a convic20 tion for purposes of this Act: 

21 ‘‘(i) An adjudication or judgment of guilt that 

22 has been dismissed, expunged, deferred, annulled, in23 validated, withheld, vacated, or pardoned by the 

24 President of the United States or the Governor of 

25 any State. 


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1 ‘‘(ii) Any adjudication in which the court has 

2 issued— 

3 ‘‘(I) a judicial recommendation against re4 moval; 

5 ‘‘(II) an order of probation without entry 

6 of judgment; or 

7 ‘‘(III) any similar disposition. 

8 ‘‘(iii) A judgment that is on appeal or is within 

9 the time to file direct appeal. 

10 ‘‘(C)(i) Unless otherwise provided, with respect to an 

11 offense, any reference to a term of imprisonment or a sen12 tence is considered to include only the period of incarcer13 ation ordered by a court. 

14 ‘‘(ii) Any such reference shall be considered to ex15 clude any portion of a sentence of which the imposition 

16 or execution was suspended.’’. 

17 (2) RETROACTIVE APPLICABILITY.—The 

18 amendment made by this subsection shall apply with 

19 respect to any conviction, adjudication, or judgment 

20 entered before, on, or after the date of the enact21 ment of this Act. 

22 (b) JUDICIAL RECOMMENDATION AGAINST RE23 MOVAL.—The grounds of inadmissibility and deportability 

24 under sections 212(a)(2) and 237(a)(2) of the Immigra25 tion and Nationality Act (8 U.S.C. 1182(a)(2) and 


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1 1227(a)(2)) shall not apply to an alien with a criminal 

2 conviction if, not later than 180 days after the date on 

3 which the alien is sentenced, and after having provided 

4 notice and an opportunity to respond to representatives 

5 of the State concerned, the Secretary, and prosecuting au6 thorities, the sentencing court issues a recommendation to 

7 the Secretary that the alien not be removed on the basis 

8 of the conviction. 

9 SEC. 5. PETTY OFFENSES. 

10 Section 212(a)(2)(A) of the Immigration and Nation11 ality Act (8 U.S.C. 1182(a)(2)(A)) is amended— 

12 (1) in clause (i), in the matter preceding sub13 clause (I), by striking ‘‘, or who admits having com14 mitted, or who admits committing acts which con15 stitute the essential elements of’’; and 

16 (2) in clause (ii)— 

17 (A) in the matter preceding subclause (I), 

18 by striking ‘‘to an alien who committed only 

19 one crime’’; 

20 (B) in subclause (I), by inserting ‘‘the 

21 alien committed only one crime,’’ before ‘‘the 

22 crime was committed when’’; and 

23 (C) by amending subclause (II) to read as 

24 follows: 


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1 ‘‘(II)(aa) the alien was not con2 victed of more than 2 crimes; and 

3 ‘‘(bb) for each such crime— 

4 ‘‘(AA) the maximum penalty 

5 possible did not exceed imprison6 ment for 1 year; and 

7 ‘‘(BB) the alien was not 

8 sentenced to a term of imprison9 ment in excess of 180 days.’’. 

Æ 


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