II 

Calendar No. 112 

116TH CONGRESS 

1ST SESSION H. R. 6 

IN THE SENATE OF THE UNITED STATES 

JUNE 5, 2019 

Received; read the first time 

JUNE 10, 2019 

Read the second time and placed on the calendar 

AN ACT 

To authorize the cancellation of removal and adjustment 

of status of certain aliens, 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 ‘‘American Dream and Promise Act of 2019’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—DREAM ACT 

Sec. 101. Short title. 


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Subtitle A—Treatment of Certain Long-term Residents Who Entered the 

United States as Children 

Sec. 111. Permanent resident status on a conditional basis for certain longterm residents who entered the United States as children. 

Sec. 112. Terms of permanent resident status on a conditional basis. 

Sec. 113. Removal of conditional basis of permanent resident status. 

Subtitle B—General Provisions 

Sec. 121. Definitions. 

Sec. 122. Submission of biometric and biographic data; background checks. 

Sec. 123. Limitation on removal; application and fee exemption; waiver of 

grounds for inadmissibility and other conditions on eligible individuals. 

Sec. 124. Determination of continuous presence and residence. 

Sec. 125. Exemption from numerical limitations. 

Sec. 126. Availability of administrative and judicial review. 

Sec. 127. Documentation requirements. 

Sec. 128. Rule making. 

Sec. 129. Confidentiality of information. 

Sec. 130. Grant program to assist eligible applicants. 

Sec. 131. Provisions affecting eligibility for adjustment of status. 

Sec. 132. Supplementary surcharge for appointed counsel. 

Sec. 133. Annual report on provisional denial authority. 

TITLE II—AMERICAN PROMISE ACT 

Sec. 201. Short title. 

Subtitle A—Treatment of Certain Nationals of Certain Countries Designated 

for Temporary Protected Status or Deferred Enforced Departure 

Sec. 211. Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure. 

Subtitle B—General Provisions 

Sec. 221. Definitions. 

Sec. 222. Submission of biometric and biographic data; background checks. 

Sec. 223. Limitation on removal; application and fee exemption; waiver of 

grounds for inadmissibility and other conditions on eligible individuals. 

Sec. 224. Determination of continuous presence. 

Sec. 225. Exemption from numerical limitations. 

Sec. 226. Availability of administrative and judicial review. 

Sec. 227. Documentation requirements. 

Sec. 228. Rule making. 

Sec. 229. Confidentiality of information. 

Sec. 230. Grant program to assist eligible applicants. 

Sec. 231. Provisions affecting eligibility for adjustment of status. 


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1 TITLE I—DREAM ACT 

2 SEC. 101. SHORT TITLE. 

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

4 Subtitle A—Treatment of Certain 

5 Long-term Residents Who En6 tered the United States as Chil7 dren 

8 SEC. 111. PERMANENT RESIDENT STATUS ON A CONDI9 TIONAL BASIS FOR CERTAIN LONG-TERM 

10 RESIDENTS WHO ENTERED THE UNITED 

11 STATES AS CHILDREN. 

12 (a) CONDITIONAL BASIS FOR STATUS.—Notwith13 standing any other provision of law, and except as pro14 vided in section 113(c)(2), an alien shall be considered, 

15 at the time of obtaining the status of an alien lawfully 

16 admitted for permanent residence under this section, to 

17 have obtained such status on a conditional basis subject 

18 to the provisions of this title. 

19 (b) REQUIREMENTS.— 

20 (1) IN GENERAL.—Notwithstanding any other 

21 provision of law, the Secretary or the Attorney Gen22 eral shall cancel the removal of, and adjust to the 

23 status of an alien lawfully admitted for permanent 

24 residence on a conditional basis, or without the con25 ditional basis as provided in section 113(c)(2), an 


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1 alien who is inadmissible or deportable from the 

2 United States (or is under a grant of Deferred En3 forced Departure or has temporary protected status 

4 under section 244 of the Immigration and Nation5 ality Act (8 U.S.C. 1254a)) if— 

6 (A) the alien has been continuously phys7 ically present in the United States since the 

8 date that is 4 years before the date of the en9 actment of this Act; 

10 (B) the alien was younger than 18 years of 

11 age on the date on which the alien entered the 

12 United States and has continuously resided in 

13 the United States since such entry; 

14 (C) the alien— 

15 (i) subject to section 123(d), is not in16 admissible under paragraph (1), (6)(E), 

17 (6)(G), (8), or (10) of section 212(a) of 

18 the Immigration and Nationality Act (8 

19 U.S.C. 1182(a)); 

20 (ii) has not ordered, incited, assisted, 

21 or otherwise participated in the persecution 

22 of any person on account of race, religion, 

23 nationality, membership in a particular so24 cial group, or political opinion; and 


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1 (iii) is not barred from adjustment of 

2 status under this title based on the crimi3 nal and national security grounds de4 scribed under subsection (c), subject to the 

5 provisions of such subsection; and 

6 (D) the alien— 

7 (i) has been admitted to an institution 

8 of higher education; 

9 (ii) has been admitted to an area ca10 reer and technical education school at the 

11 postsecondary level; 

12 (iii) in the United States, has ob13 tained— 

14 (I) a high school diploma or a 

15 commensurate alternative award from 

16 a public or private high school; 

17 (II) a General Education Devel18 opment credential, a high school 

19 equivalency diploma recognized under 

20 State law, or another similar State21 authorized credential; 

22 (III) a credential or certificate 

23 from an area career and technical 

24 education school at the secondary 

25 level; or 


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1 (IV) a recognized postsecondary 

2 credential; or 

3 (iv) is enrolled in secondary school or 

4 in an education program assisting students 

5 in— 

6 (I) obtaining a high school di7 ploma or its recognized equivalent 

8 under State law; 

9 (II) passing the General Edu10 cation Development test, a high school 

11 equivalence diploma examination, or 

12 other similar State-authorized exam; 

13 (III) obtaining a certificate or 

14 credential from an area career and 

15 technical education school providing 

16 education at the secondary level; or 

17 (IV) obtaining a recognized post18 secondary credential. 

19 (2) APPLICATION FEE.— 

20 (A) IN GENERAL.—The Secretary may, 

21 subject to an exemption under section 123(c), 

22 require an alien applying under this section to 

23 pay a reasonable fee that is commensurate with 

24 the cost of processing the application but does 

25 not exceed $495.00. 


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1 (B) SPECIAL PROCEDURE FOR APPLICANTS

2 WITH DACA.—The Secretary shall establish a 

3 streamlined procedure for aliens who have been 

4 granted DACA and who meet the requirements 

5 for renewal (under the terms of the program in 

6 effect on January 1, 2017) to apply for can7 cellation of removal and adjustment of status to 

8 that of an alien lawfully admitted for perma9 nent residence on a conditional basis under this 

10 section, or without the conditional basis as pro11 vided in section 113(c)(2). Such procedure shall 

12 not include a requirement that the applicant 

13 pay a fee, except that the Secretary may re14 quire an applicant who meets the requirements 

15 for lawful permanent residence without the con16 ditional basis under section 113(c)(2) to pay a 

17 fee that is commensurate with the cost of proc18 essing the application, subject to the exemption 

19 under section 123(c). 

20 (3) BACKGROUND CHECKS.—The Secretary 

21 may not grant an alien permanent resident status on 

22 a conditional basis under this section until the re23 quirements of section 122 are satisfied. 

24 (4) MILITARY SELECTIVE SERVICE.—An alien 

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1 tional basis under this section, or without the condi2 tional basis as provided in section 113(c)(2), shall 

3 establish that the alien has registered under the 

4 Military Selective Service Act (50 U.S.C. 3801 et 

5 seq.), if the alien is subject to registration under 

6 such Act. 

7 (c) CRIMINAL AND NATIONAL SECURITY BARS.— 

8 (1) GROUNDS OF INELIGIBILITY.—Except as 

9 provided in paragraph (2), an alien is ineligible for 

10 adjustment of status under this title (whether on a 

11 conditional basis or without the conditional basis as 

12 provided in section 113(c)(2)) if any of the following 

13 apply: 

14 (A) The alien is inadmissible under para15 graph (2) or (3) of section 212(a) of the Immi16 gration and Nationality Act (8 U.S.C. 1182(a)). 

17 (B) Excluding any offense under State law 

18 for which an essential element is the alien’s im19 migration status, and any minor traffic offense, 

20 the alien has been convicted of— 

21 (i) any felony offense; 

22 (ii) three or more misdemeanor of23 fenses (excluding simple possession of can24 nabis or cannabis-related paraphernalia, 

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1 related paraphernalia which is no longer 

2 prosecutable in the State in which the con3 viction was entered, and any offense involv4 ing civil disobedience without violence) not 

5 occurring on the same date, and not aris6 ing out of the same act, omission, or 

7 scheme of misconduct; or 

8 (iii) a misdemeanor offense of domes9 tic violence, unless the alien demonstrates 

10 that such crime is related to the alien hav11 ing been— 

12 (I) a victim of domestic violence, 

13 sexual assault, stalking, child abuse or 

14 neglect, abuse or neglect in later life, 

15 or human trafficking; 

16 (II) battered or subjected to ex17 treme cruelty; or 

18 (III) a victim of criminal activity 

19 described in section 101(a)(15)(U)(iii) 

20 of the Immigration and Nationality 

21 Act (8 U.S.C. 1101(a)(15)(U)(iii)). 

22 (2) WAIVERS FOR CERTAIN MISDEMEANORS.— 

23 For humanitarian purposes, family unity, or if oth24 erwise in the public interest, the Secretary may— 


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1 (A) waive the grounds of inadmissibility 

2 under subparagraphs (A), (C), and (D) of sec3 tion 212(a)(2) of the Immigration and Nation4 ality Act (8 U.S.C. 1182(a)(2)), unless the con5 viction forming the basis for inadmissibility 

6 would otherwise render the alien ineligible 

7 under paragraph (1)(B) (subject to subpara8 graph (B)); and 

9 (B) for purposes of clauses (ii) and (iii) of 

10 paragraph (1)(B), waive consideration of— 

11 (i) one misdemeanor offense if the 

12 alien has not been convicted of any offense 

13 in the 5-year period preceding the date on 

14 which the alien applies for adjustment of 

15 status under this title; or 

16 (ii) up to two misdemeanor offenses if 

17 the alien has not been convicted of any of18 fense in the 10-year period preceding the 

19 date on which the alien applies for adjust20 ment of status under this title. 

21 (3) AUTHORITY TO CONDUCT SECONDARY RE22 VIEW.— 

23 (A) IN GENERAL.—Notwithstanding an 

24 alien’s eligibility for adjustment of status under 

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1 scribed in this paragraph, the Secretary of 

2 Homeland Security may, as a matter of non3 delegable discretion, provisionally deny an appli4 cation for adjustment of status (whether on a 

5 conditional basis or without the conditional 

6 basis as provided in section 113(c)(2)) if the 

7 Secretary, based on clear and convincing evi8 dence, which shall include credible law enforce9 ment information, determines that the alien is 

10 described in subparagraph (B) or (D). 

11 (B) PUBLIC SAFETY.—An alien is de12 scribed in this subparagraph if— 

13 (i) excluding simple possession of can14 nabis or cannabis-related paraphernalia, 

15 any offense involving cannabis or cannabis16 related paraphernalia which is no longer 

17 prosecutable in the State in which the con18 viction was entered, any offense under 

19 State law for which an essential element is 

20 the alien’s immigration status, any offense 

21 involving civil disobedience without vio22 lence, and any minor traffic offense, the 

23 alien— 

24 (I) has been convicted of a mis25 demeanor offense punishable by a 


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1 term of imprisonment of more than 

2 30 days; or 

3 (II) has been adjudicated delin4 quent in a State or local juvenile court 

5 proceeding that resulted in a disposi6 tion ordering placement in a secure 

7 facility; and 

8 (ii) the alien poses a significant and 

9 continuing threat to public safety related 

10 to such conviction or adjudication. 

11 (C) PUBLIC SAFETY DETERMINATION.— 

12 For purposes of subparagraph (B)(ii), the Sec13 retary shall consider the recency of the convic14 tion or adjudication; the length of any imposed 

15 sentence or placement; the nature and serious16 ness of the conviction or adjudication, including 

17 whether the elements of the offense include the 

18 unlawful possession or use of a deadly weapon 

19 to commit an offense or other conduct intended 

20 to cause serious bodily injury; and any miti21 gating factors pertaining to the alien’s role in 

22 the commission of the offense. 

23 (D) GANG PARTICIPATION.—An alien is 

24 described in this subparagraph if the alien has, 

25 within the 5 years immediately preceding the 


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1 date of the application, knowingly, willfully, and 

2 voluntarily participated in offenses committed 

3 by a criminal street gang (as described in sub4 sections (a) and (c) of section 521 of title 18, 

5 United States Code) with the intent to promote 

6 or further the commission of such offenses. 

7 (E) EVIDENTIARY LIMITATION.—For pur8 poses of subparagraph (D), allegations of gang 

9 membership obtained from a State or Federal 

10 in-house or local database, or a network of 

11 databases used for the purpose of recording and 

12 sharing activities of alleged gang members 

13 across law enforcement agencies, shall not es14 tablish the participation described in such para15 graph. 

16 (F) NOTICE.— 

17 (i) IN GENERAL.—Prior to rendering 

18 a discretionary decision under this para19 graph, the Secretary of Homeland Security 

20 shall provide written notice of the intent to 

21 provisionally deny the application to the 

22 alien (or the alien’s counsel of record, if 

23 any) by certified mail and, if an electronic 

24 mail address is provided, by electronic mail 


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1 (or other form of electronic communica2 tion). Such notice shall— 

3 (I) articulate with specificity all 

4 grounds for the preliminary deter5 mination, including the evidence relied 

6 upon to support the determination; 

7 and 

8 (II) provide the alien with not 

9 less than 90 days to respond. 

10 (ii) SECOND NOTICE.—Not more than 

11 30 days after the issuance of the notice 

12 under clause (i), the Secretary of Home13 land Security shall provide a second writ14 ten notice that meets the requirements of 

15 such clause. 

16 (iii) NOTICE NOT RECEIVED.—Not17 withstanding any other provision of law, if 

18 an applicant provides good cause for not 

19 contesting a provisional denial under this 

20 paragraph, including a failure to receive 

21 notice as required under this subpara22 graph, the Secretary of Homeland Security 

23 shall, upon a motion filed by the alien, re24 open an application for adjustment of sta25 tus under this title and allow the applicant 


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1 an opportunity to respond, consistent with 

2 clause (i)(II). 

3 (G) JUDICIAL REVIEW.—An alien is enti4 tled to judicial review of the Secretary’s deci5 sion to provisionally deny an application under 

6 this paragraph in accordance with the proce7 dures described in section 126(c). 

8 (4) DEFINITIONS.—For purposes of this sub9 section— 

10 (A) the term ‘‘felony offense’’ means an of11 fense under Federal or State law that is pun12 ishable by a maximum term of imprisonment of 

13 more than 1 year; 

14 (B) the term ‘‘misdemeanor offense’’ 

15 means an offense under Federal or State law 

16 that is punishable by a term of imprisonment of 

17 more than 5 days but not more than 1 year; 

18 (C) the term ‘‘crime of domestic violence’’ 

19 means any offense that has as an element the 

20 use, attempted use, or threatened use of phys21 ical force against a person committed by a cur22 rent or former spouse of the person, by an indi23 vidual with whom the person shares a child in 

24 common, by an individual who is cohabiting 

25 with or has cohabited with the person as a 


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1 spouse, by an individual similarly situated to a 

2 spouse of the person under the domestic or 

3 family violence laws of the jurisdiction where 

4 the offense occurs, or by any other individual 

5 against a person who is protected from that in6 dividual’s acts under the domestic or family vio7 lence laws of the United States or any State, 

8 Indian tribal government, or unit of local gov9 ernment; and 

10 (D) the term ‘‘convicted’’, ‘‘conviction’’, 

11 ‘‘adjudicated’’, or ‘‘adjudication’’ does not in12 clude a judgment that has been expunged or set 

13 aside, that resulted in a rehabilitative disposi14 tion, or the equivalent. 

15 (d) LIMITATION ON REMOVAL OF CERTAIN ALIEN

16 MINORS.—An alien who is under 18 years of age and 

17 meets the requirements under subparagraphs (A), (B), 

18 and (C) of subsection (b)(1) shall be provided a reasonable 

19 opportunity to meet the educational requirements under 

20 subparagraph (D) of such subsection. The Attorney Gen21 eral or the Secretary may not commence or continue with 

22 removal proceedings against such an alien. 

23 (e) WITHDRAWAL OF APPLICATION.—The Secretary 

24 of Homeland Security shall, upon receipt of a request to 

25 withdraw an application for adjustment of status under 


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1 this section, cease processing of the application, and close 

2 the case. Withdrawal of the application under this sub3 section shall not prejudice any future application filed by 

4 the applicant for any immigration benefit under this title 

5 or under the Immigration and Nationality Act (8 U.S.C. 

6 1101 et seq.). 

7 SEC. 112. TERMS OF PERMANENT RESIDENT STATUS ON A 

8 CONDITIONAL BASIS. 

9 (a) PERIOD OF STATUS.—Permanent resident status 

10 on a conditional basis is— 

11 (1) valid for a period of 10 years, unless such 

12 period is extended by the Secretary; and 

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

14 (b) NOTICE OF REQUIREMENTS.—At the time an 

15 alien obtains permanent resident status on a conditional 

16 basis, the Secretary shall provide notice to the alien re17 garding the provisions of this title and the requirements 

18 to have the conditional basis of such status removed. 

19 (c) REVOCATION OF STATUS.—The Secretary may 

20 revoke the permanent resident status on a conditional 

21 basis of an alien only if the Secretary— 

22 (1) determines that the alien ceases to meet the 

23 requirements under section 111(b)(1)(C); and 

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

25 (A) notice of the proposed revocation; and 


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1 (B) the opportunity for a hearing to pro2 vide evidence that the alien meets such require3 ments or otherwise to contest the proposed rev4 ocation. 

5 (d) RETURN TO PREVIOUS IMMIGRATION STATUS.— 

6 An alien whose permanent resident status on a conditional 

7 basis expires under subsection (a)(1) or is revoked under 

8 subsection (c), shall return to the immigration status that 

9 the alien had immediately before receiving permanent resi10 dent status on a conditional basis. 

11 SEC. 113. REMOVAL OF CONDITIONAL BASIS OF PERMA12 NENT RESIDENT STATUS. 

13 (a) ELIGIBILITY FOR REMOVAL OF CONDITIONAL

14 BASIS.— 

15 (1) IN GENERAL.—Subject to paragraph (2), 

16 the Secretary shall remove the conditional basis of 

17 an alien’s permanent resident status granted under 

18 this title and grant the alien status as an alien law19 fully admitted for permanent residence if the alien— 

20 (A) is described in section 111(b)(1)(C); 

21 (B) has not abandoned the alien’s resi22 dence in the United States during the period in 

23 which the alien has permanent resident status 

24 on a conditional basis; and 


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1 (C)(i) has obtained a degree from an insti2 tution of higher education, or has completed at 

3 least 2 years, in good standing, of a program in 

4 the United States leading to a bachelor’s degree 

5 or higher degree or a recognized postsecondary 

6 credential from an area career and technical 

7 education school providing education at the 

8 postsecondary level; 

9 (ii) has served in the Uniformed Services 

10 for at least 2 years and, if discharged, received 

11 an honorable discharge; or 

12 (iii) demonstrates earned income for peri13 ods totaling at least 3 years and at least 75 

14 percent of the time that the alien has had a 

15 valid employment authorization, except that, in 

16 the case of an alien who was enrolled in an in17 stitution of higher education, an area career 

18 and technical education school to obtain a rec19 ognized postsecondary credential, or an edu20 cation program described in section 

21 111(b)(1)(D)(iii), the Secretary shall reduce 

22 such total 3-year requirement by the total of 

23 such periods of enrollment. 

24 (2) HARDSHIP EXCEPTION.—The Secretary 

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1 manent resident status and grant the alien status as 

2 an alien lawfully admitted for permanent residence 

3 if the alien— 

4 (A) satisfies the requirements under sub5 paragraphs (A) and (B) of paragraph (1); 

6 (B) demonstrates compelling circumstances 

7 for the inability to satisfy the requirements 

8 under subparagraph (C) of such paragraph; and 

9 (C) demonstrates that— 

10 (i) the alien has a disability; 

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

12 or 

13 (iii) the removal of the alien from the 

14 United States would result in hardship to 

15 the alien or the alien’s spouse, parent, or 

16 child who is a national of the United 

17 States or is lawfully admitted for perma18 nent residence. 

19 (3) CITIZENSHIP REQUIREMENT.— 

20 (A) IN GENERAL.—Except as provided in 

21 subparagraph (B), the conditional basis of an 

22 alien’s permanent resident status granted under 

23 this title may not be removed unless the alien 

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1 quirements under section 312(a) of the Immi2 gration and Nationality Act (8 U.S.C. 1423(a)). 

3 (B) EXCEPTION.—Subparagraph (A) shall 

4 not apply to an alien who is unable to meet the 

5 requirements under such section 312(a) due to 

6 disability. 

7 (4) APPLICATION FEE.—The Secretary may, 

8 subject to an exemption under section 123(c), re9 quire aliens applying for removal of the conditional 

10 basis of an alien’s permanent resident status under 

11 this section to pay a reasonable fee that is commen12 surate with the cost of processing the application. 

13 (5) BACKGROUND CHECK.—The Secretary may 

14 not remove the conditional basis of an alien’s perma15 nent resident status until the requirements of sec16 tion 122 are satisfied. 

17 (b) TREATMENT FOR PURPOSES OF NATURALIZA18 TION.— 

19 (1) IN GENERAL.—For purposes of title III of 

20 the Immigration and Nationality Act (8 U.S.C. 1401 

21 et seq.), an alien granted permanent resident status 

22 on a conditional basis shall be considered to have 

23 been admitted to the United States, and be present 

24 in the United States, as an alien lawfully admitted 

25 for permanent residence. 


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1 (2) LIMITATION ON APPLICATION FOR NATU2 RALIZATION.—An alien may not apply for natu3 ralization while the alien is in permanent resident 

4 status on a conditional basis. 

5 (c) TIMING OF APPROVAL OF LAWFUL PERMANENT

6 RESIDENT STATUS.— 

7 (1) IN GENERAL.—An alien granted permanent 

8 resident status on a conditional basis under this title 

9 may apply to have such conditional basis removed at 

10 any time after such alien has met the eligibility re11 quirements set forth in subsection (a). 

12 (2) APPROVAL WITH REGARD TO INITIAL APPLI13 CATIONS.— 

14 (A) IN GENERAL.—Notwithstanding any 

15 other provision of law, the Secretary or the At16 torney General shall cancel the removal of, and 

17 adjust to the status of an alien lawfully admit18 ted for permanent resident status without con19 ditional basis, any alien who— 

20 (i) demonstrates eligibility for lawful 

21 permanent residence status on a condi22 tional basis under section 111(b); and 

23 (ii) subject to the exceptions described 

24 in subsections (a)(2) and (a)(3)(B) of this 

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1 ments of paragraphs (1) and (3) of sub2 section (a) of this section at the time such 

3 alien first submits an application for bene4 fits under this title. 

5 (B) BACKGROUND CHECKS.—Subsection 

6 (a)(5) shall apply to an alien seeking lawful 

7 permanent resident status without conditional 

8 basis in an initial application in the same man9 ner as it applies to an alien seeking removal of 

10 the conditional basis of an alien’s permanent 

11 resident status. Section 111(b)(3) shall not be 

12 construed to require the Secretary to conduct 

13 more than one identical security or law enforce14 ment background check on such an alien. 

15 (C) APPLICATION FEES.—In the case of an 

16 alien seeking lawful permanent resident status 

17 without conditional basis in an initial applica18 tion, the alien shall pay the fee required under 

19 subsection (a)(4), subject to the exemption al20 lowed under section 123(c), but shall not be re21 quired to pay the application fee under section 

22 111(b)(2). 

23 Subtitle B—General Provisions 

24 SEC. 121. DEFINITIONS. 

25 In this title: 


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1 (1) IN GENERAL.—Except as otherwise specifi2 cally provided, any term used in this title that is 

3 used in the immigration laws shall have the meaning 

4 given such term in the immigration laws. 

5 (2) APPROPRIATE UNITED STATES DISTRICT

6 COURT.—The term ‘‘appropriate United States dis7 trict court’’ mean the United States District Court 

8 for the District of Columbia or the United States 

9 district court with jurisdiction over the alien’s prin10 cipal place of residence. 

11 (3) AREA CAREER AND TECHNICAL EDUCATION

12 SCHOOL.—The term ‘‘area career and technical edu13 cation school’’ has the meaning given such term in 

14 section 3 of the Carl D. Perkins Career and Tech15 nical Education Act of 2006 (20 U.S.C. 2302). 

16 (4) DACA.—The term ‘‘DACA’’ means de17 ferred action granted to an alien pursuant to the 

18 Deferred Action for Childhood Arrivals policy an19 nounced by the Secretary of Homeland Security on 

20 June 15, 2012. 

21 (5) DISABILITY.—The term ‘‘disability’’ has the 

22 meaning given such term in section 3(1) of the 

23 Americans with Disabilities Act of 1990 (42 U.S.C. 

24 12102(1)). 


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1 (6) FEDERAL POVERTY LINE.—The term ‘‘Fed2 eral poverty line’’ has the meaning given such term 

3 in section 213A(h) of the Immigration and Nation4 ality Act (8 U.S.C. 1183a). 

5 (7) HIGH SCHOOL; SECONDARY SCHOOL.—The 

6 terms ‘‘high school’’ and ‘‘secondary school’’ have 

7 the meanings given such terms in section 8101 of 

8 the Elementary and Secondary Education Act of 

9 1965 (20 U.S.C. 7801). 

10 (8) IMMIGRATION LAWS.—The term ‘‘immigra11 tion laws’’ has the meaning given such term in sec12 tion 101(a)(17) of the Immigration and Nationality 

13 Act (8 U.S.C. 1101(a)(17)). 

14 (9) INSTITUTION OF HIGHER EDUCATION.—The 

15 term ‘‘institution of higher education’’— 

16 (A) except as provided in subparagraph 

17 (B), has the meaning given such term in section 

18 102 of the Higher Education Act of 1965 (20 

19 U.S.C. 1002); and 

20 (B) does not include an institution of high21 er education outside of the United States. 

22 (10) RECOGNIZED POSTSECONDARY CREDEN23 TIAL.—The term ‘‘recognized postsecondary creden24 tial’’ has the meaning given such term in section 3 


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1 of the Workforce Innovation and Opportunity Act 

2 (29 U.S.C. 3102). 

3 (11) SECRETARY.—Except as otherwise specifi4 cally provided, the term ‘‘Secretary’’ means the Sec5 retary of Homeland Security. 

6 (12) UNIFORMED SERVICES.—The term ‘‘Uni7 formed Services’’ has the meaning given the term 

8 ‘‘uniformed services’’ in section 101(a) of title 10, 

9 United States Code. 

10 SEC. 122. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 

11 DATA; BACKGROUND CHECKS. 

12 (a) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC

13 DATA.—The Secretary may not grant an alien adjustment 

14 of status under this title, on either a conditional or perma15 nent basis, unless the alien submits biometric and bio16 graphic data, in accordance with procedures established 

17 by the Secretary. The Secretary shall provide an alter18 native procedure for aliens who are unable to provide such 

19 biometric or biographic data because of a physical impair20 ment. 

21 (b) BACKGROUND CHECKS.—The Secretary shall use 

22 biometric, biographic, and other data that the Secretary 

23 determines appropriate to conduct security and law en24 forcement background checks and to determine whether 

25 there is any criminal, national security, or other factor 


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1 that would render the alien ineligible for adjustment of 

2 status under this title, on either a conditional or perma3 nent basis. The status of an alien may not be adjusted, 

4 on either a conditional or permanent basis, unless security 

5 and law enforcement background checks are completed to 

6 the satisfaction of the Secretary. 

7 SEC. 123. LIMITATION ON REMOVAL; APPLICATION AND 

8 FEE EXEMPTION; WAIVER OF GROUNDS FOR 

9 INADMISSIBILITY AND OTHER CONDITIONS 

10 ON ELIGIBLE INDIVIDUALS. 

11 (a) LIMITATION ON REMOVAL.—An alien who ap12 pears to be prima facie eligible for relief under this title 

13 shall be given a reasonable opportunity to apply for such 

14 relief and may not be removed until, subject to section 

15 126(c), a final decision establishing ineligibility for relief 

16 is rendered. 

17 (b) APPLICATION.—An alien present in the United 

18 States who has been ordered removed or has been per19 mitted to depart voluntarily from the United States may, 

20 notwithstanding such order or permission to depart, apply 

21 for adjustment of status under this title. Such alien shall 

22 not be required to file a separate motion to reopen, recon23 sider, or vacate the order of removal. If the Secretary ap24 proves the application, the Secretary shall cancel the order 

25 of removal. If the Secretary renders a final administrative 


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1 decision to deny the application, the order of removal or 

2 permission to depart shall be effective and enforceable to 

3 the same extent as if the application had not been made, 

4 only after all available administrative and judicial rem5 edies have been exhausted. 

6 (c) FEE EXEMPTION.—An applicant may be exempt7 ed from paying an application fee required under this title 

8 if the applicant— 

9 (1) is younger than 18 years of age; 

10 (2) received total income, during the 12-month 

11 period immediately preceding the date on which the 

12 applicant files an application under this title, that is 

13 less than 150 percent of the Federal poverty line; 

14 (3) is in foster care or otherwise lacks any pa15 rental or other familial support; or 

16 (4) cannot care for himself or herself because of 

17 a serious, chronic disability. 

18 (d) WAIVER OF GROUNDS OF INADMISSIBILITY.— 

19 With respect to any benefit under this title, and in addi20 tion to the waivers under section 111(c)(2), the Secretary 

21 may waive the grounds of inadmissibility under paragraph 

22 (1), (6)(E), (6)(G), or (10)(D) of section 212(a) of the 

23 Immigration and Nationality Act (8 U.S.C. 1182(a)) for 

24 humanitarian purposes, for family unity, or because the 

25 waiver is otherwise in the public interest. 


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1 (e) ADVANCE PAROLE.—During the period beginning 

2 on the date on which an alien applies for adjustment of 

3 status under this title and ending on the date on which 

4 the Secretary makes a final decision regarding such appli5 cation, the alien shall be eligible to apply for advance pa6 role. Section 101(g) of the Immigration and Nationality 

7 Act (8 U.S.C. 1101(g)) shall not apply to an alien granted 

8 advance parole under this section. 

9 (f) EMPLOYMENT.—An alien whose removal is stayed 

10 pursuant to this title, who may not be placed in removal 

11 proceedings pursuant to this title, or who has pending an 

12 application under this title, shall, upon application to the 

13 Secretary, be granted an employment authorization docu14 ment. 

15 SEC. 124. DETERMINATION OF CONTINUOUS PRESENCE 

16 AND RESIDENCE. 

17 (a) EFFECT OF NOTICE TO APPEAR.—Any period of 

18 continuous physical presence or continuous residence in 

19 the United States of an alien who applies for permanent 

20 resident status under this title (whether on a conditional 

21 basis or without the conditional basis as provided in sec22 tion 113(c)(2)) shall not terminate when the alien is 

23 served a notice to appear under section 239(a) of the Im24 migration and Nationality Act (8 U.S.C. 1229(a)). 


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1 (b) TREATMENT OF CERTAIN BREAKS IN PRESENCE

2 OR RESIDENCE.— 

3 (1) IN GENERAL.—Except as provided in para4 graphs (2) and (3), an alien shall be considered to 

5 have failed to maintain— 

6 (A) continuous physical presence in the 

7 United States under this title if the alien has 

8 departed from the United States for any period 

9 exceeding 90 days or for any periods, in the ag10 gregate, exceeding 180 days; and 

11 (B) continuous residence in the United 

12 States under this title if the alien has departed 

13 from the United States for any period exceeding 

14 180 days, unless the alien establishes to the 

15 satisfaction of the Secretary of Homeland Secu16 rity that the alien did not in fact abandon resi17 dence in the United States during such period. 

18 (2) EXTENSIONS FOR EXTENUATING CIR19 CUMSTANCES.—The Secretary may extend the time 

20 periods described in paragraph (1) for an alien who 

21 demonstrates that the failure to timely return to the 

22 United States was due to extenuating circumstances 

23 beyond the alien’s control, including the serious ill24 ness of the alien, or death or serious illness of a par25 ent, grandparent, sibling, or child of the alien. 


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1 (3) TRAVEL AUTHORIZED BY THE SEC2 RETARY.—Any period of travel outside of the United 

3 States by an alien that was authorized by the Sec4 retary may not be counted toward any period of de5 parture from the United States under paragraph 

6 (1). 

7 (c) WAIVER OF PHYSICAL PRESENCE.—With respect 

8 to aliens who were removed or departed the United States 

9 on or after January 20, 2017, and who were continuously 

10 physically present in the United States for at least 4 years 

11 prior to such removal or departure, the Secretary may, 

12 as a matter of discretion, waive the physical presence re13 quirement under section 111(b)(1)(A) for humanitarian 

14 purposes, for family unity, or because a waiver is other15 wise in the public interest. The Secretary, in consultation 

16 with the Secretary of State, shall establish a procedure 

17 for such aliens to apply for relief under section 111 from 

18 outside the United States if they would have been eligible 

19 for relief under such section, but for their removal or de20 parture. 

21 SEC. 125. EXEMPTION FROM NUMERICAL LIMITATIONS. 

22 Nothing in this title or in any other law may be con23 strued to apply a numerical limitation on the number of 

24 aliens who may be granted permanent resident status 


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1 under this title (whether on a conditional basis, or without 

2 the conditional basis as provided in section 113(c)(2)). 

3 SEC. 126. AVAILABILITY OF ADMINISTRATIVE AND JUDI4 CIAL REVIEW. 

5 (a) ADMINISTRATIVE REVIEW.—Not later than 30 

6 days after the date of the enactment of this Act, the Sec7 retary shall provide to aliens who have applied for adjust8 ment of status under this title a process by which an appli9 cant may seek administrative appellate review of a denial 

10 of an application for adjustment of status, or a revocation 

11 of such status. 

12 (b) JUDICIAL REVIEW.—Except as provided in sub13 section (c), and notwithstanding any other provision of 

14 law, an alien may seek judicial review of a denial of an 

15 application for adjustment of status, or a revocation of 

16 such status, under this title in an appropriate United 

17 States district court. 

18 (c) JUDICIAL REVIEW OF A PROVISIONAL DENIAL.— 

19 (1) IN GENERAL.—Notwithstanding any other 

20 provision of law, if, after notice and the opportunity 

21 to respond under section 111(c)(3)(E), the Secretary 

22 provisionally denies an application for adjustment of 

23 status under this title, the alien shall have 60 days 

24 from the date of the Secretary’s determination to 


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1 seek review of such determination in an appropriate 

2 United States district court. 

3 (2) SCOPE OF REVIEW AND DECISION.—Not4 withstanding any other provision of law, review 

5 under paragraph (1) shall be de novo and based 

6 solely on the administrative record, except that the 

7 applicant shall be given the opportunity to supple8 ment the administrative record and the Secretary 

9 shall be given the opportunity to rebut the evidence 

10 and arguments raised in such submission. Upon 

11 issuing its decision, the court shall remand the mat12 ter, with appropriate instructions, to the Depart13 ment of Homeland Security to render a final deci14 sion on the application. 

15 (3) APPOINTED COUNSEL.—Notwithstanding 

16 any other provision of law, an applicant seeking ju17 dicial review under paragraph (1) shall be rep18 resented by counsel. Upon the request of the appli19 cant, counsel shall be appointed for the applicant, in 

20 accordance with procedures to be established by the 

21 Attorney General within 90 days of the date of the 

22 enactment of this Act, and shall be funded in ac23 cordance with fees collected and deposited in the Im24 migration Counsel Account under section 132. 

25 (d) STAY OF REMOVAL.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), an alien seeking administrative or judicial 

3 review under this title may not be removed from the 

4 United States until a final decision is rendered es5 tablishing that the alien is ineligible for adjustment 

6 of status under this title. 

7 (2) EXCEPTION.—The Secretary may remove 

8 an alien described in paragraph (1) pending judicial 

9 review if such removal is based on criminal or na10 tional security grounds described in this title. Such 

11 removal shall not affect the alien’s right to judicial 

12 review under this title. The Secretary shall promptly 

13 return a removed alien if a decision to deny an ap14 plication for adjustment of status under this title, or 

15 to revoke such status, is reversed. 

16 SEC. 127. DOCUMENTATION REQUIREMENTS. 

17 (a) DOCUMENTS ESTABLISHING IDENTITY.—An 

18 alien’s application for permanent resident status under 

19 this title (whether on a conditional basis, or without the 

20 conditional basis as provided in section 113(c)(2)) may in21 clude, as evidence of identity, the following: 

22 (1) A passport or national identity document 

23 from the alien’s country of origin that includes the 

24 alien’s name and the alien’s photograph or finger25 print. 


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1 (2) The alien’s birth certificate and an identity 

2 card that includes the alien’s name and photograph. 

3 (3) A school identification card that includes 

4 the alien’s name and photograph, and school records 

5 showing the alien’s name and that the alien is or 

6 was enrolled at the school. 

7 (4) A Uniformed Services identification card 

8 issued by the Department of Defense. 

9 (5) Any immigration or other document issued 

10 by the United States Government bearing the alien’s 

11 name and photograph. 

12 (6) A State-issued identification card bearing 

13 the alien’s name and photograph. 

14 (7) Any other evidence determined to be cred15 ible by the Secretary. 

16 (b) DOCUMENTS ESTABLISHING ENTRY, CONTIN17 UOUS PHYSICAL PRESENCE, LACK OF ABANDONMENT OF

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

19 18 years of age on the date on which the alien entered 

20 the United States, and has continuously resided in the 

21 United States since such entry, as required under section 

22 111(b)(1)(B), that an alien has been continuously phys23 ically present in the United States, as required under sec24 tion 111(b)(1)(A), or that an alien has not abandoned res25 idence in the United States, as required under section 


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1 113(a)(1)(B), the alien may submit the following forms 

2 of evidence: 

3 (1) Passport entries, including admission 

4 stamps on the alien’s passport. 

5 (2) Any document from the Department of Jus6 tice or the Department of Homeland Security noting 

7 the alien’s date of entry into the United States. 

8 (3) Records from any educational institution 

9 the alien has attended in the United States. 

10 (4) Employment records of the alien that in11 clude the employer’s name and contact information, 

12 or other records demonstrating earned income. 

13 (5) Records of service from the Uniformed 

14 Services. 

15 (6) Official records from a religious entity con16 firming the alien’s participation in a religious cere17 mony. 

18 (7) A birth certificate for a child who was born 

19 in the United States. 

20 (8) Hospital or medical records showing med21 ical treatment or hospitalization, the name of the 

22 medical facility or physician, and the date of the 

23 treatment or hospitalization. 

24 (9) Automobile license receipts or registration. 


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1 (10) Deeds, mortgages, or rental agreement 

2 contracts. 

3 (11) Rent receipts or utility bills bearing the 

4 alien’s name or the name of an immediate family 

5 member of the alien, and the alien’s address. 

6 (12) Tax receipts. 

7 (13) Insurance policies. 

8 (14) Remittance records, including copies of 

9 money order receipts sent in or out of the country. 

10 (15) Travel records. 

11 (16) Dated bank transactions. 

12 (17) Two or more sworn affidavits from individ13 uals who are not related to the alien who have direct 

14 knowledge of the alien’s continuous physical pres15 ence in the United States, that contain— 

16 (A) the name, address, and telephone num17 ber of the affiant; and 

18 (B) the nature and duration of the rela19 tionship between the affiant and the alien. 

20 (18) Any other evidence determined to be cred21 ible by the Secretary. 

22 (c) DOCUMENTS ESTABLISHING ADMISSION TO AN

23 INSTITUTION OF HIGHER EDUCATION.—To establish that 

24 an alien has been admitted to an institution of higher edu25 cation, the alien may submit to the Secretary a document 


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1 from the institution of higher education certifying that the 

2 alien— 

3 (1) has been admitted to the institution; or 

4 (2) is currently enrolled in the institution as a 

5 student. 

6 (d) DOCUMENTS ESTABLISHING RECEIPT OF A DE7 GREE FROM AN INSTITUTION OF HIGHER EDUCATION.— 

8 To establish that an alien has acquired a degree from an 

9 institution of higher education in the United States, the 

10 alien may submit to the Secretary a diploma or other doc11 ument from the institution stating that the alien has re12 ceived such a degree. 

13 (e) DOCUMENTS ESTABLISHING RECEIPT OF A HIGH

14 SCHOOL DIPLOMA, GENERAL EDUCATIONAL DEVELOP15 MENT CREDENTIAL, OR A RECOGNIZED EQUIVALENT.— 

16 To establish that in the United States an alien has earned 

17 a high school diploma or a commensurate alternative 

18 award from a public or private high school, has obtained 

19 the General Education Development credential, or other20 wise has satisfied section 111(b)(1)(D)(iii), the alien may 

21 submit to the Secretary the following: 

22 (1) A high school diploma, certificate of comple23 tion, or other alternate award. 

24 (2) A high school equivalency diploma or certifi25 cate recognized under State law. 


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1 (3) Evidence that the alien passed a State-au2 thorized exam, including the General Education De3 velopment test, in the United States. 

4 (4) Evidence that the alien successfully com5 pleted an area career and technical education pro6 gram, such as a certification, certificate, or similar 

7 alternate award. 

8 (5) Evidence that the alien obtained a recog9 nized postsecondary credential. 

10 (6) Any other evidence determined to be cred11 ible by the Secretary. 

12 (f) DOCUMENTS ESTABLISHING ENROLLMENT IN AN

13 EDUCATIONAL PROGRAM.—To establish that an alien is 

14 enrolled in any school or education program described in 

15 section 111(b)(1)(D)(iv) or 113(a)(1)(C), the alien may 

16 submit school records from the United States school that 

17 the alien is currently attending that include— 

18 (1) the name of the school; and 

19 (2) the alien’s name, periods of attendance, and 

20 current grade or educational level. 

21 (g) DOCUMENTS ESTABLISHING EXEMPTION FROM

22 APPLICATION FEES.—To establish that an alien is exempt 

23 from an application fee under section 123(c), the alien 

24 may submit to the Secretary the following relevant docu25 ments: 


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1 (1) DOCUMENTS TO ESTABLISH AGE.—To es2 tablish that an alien meets an age requirement, the 

3 alien may provide proof of identity, as described in 

4 subsection (a), that establishes that the alien is 

5 younger than 18 years of age. 

6 (2) DOCUMENTS TO ESTABLISH INCOME.—To 

7 establish the alien’s income, the alien may provide— 

8 (A) employment records or other records of 

9 earned income, including records that have been 

10 maintained by the Social Security Administra11 tion, the Internal Revenue Service, or any other 

12 Federal, State, or local government agency; 

13 (B) bank records; or 

14 (C) at least two sworn affidavits from indi15 viduals who are not related to the alien and 

16 who have direct knowledge of the alien’s work 

17 and income that contain— 

18 (i) the name, address, and telephone 

19 number of the affiant; and 

20 (ii) the nature and duration of the re21 lationship between the affiant and the 

22 alien. 

23 (3) DOCUMENTS TO ESTABLISH FOSTER CARE, 

24 LACK OF FAMILIAL SUPPORT, OR SERIOUS, CHRONIC

25 DISABILITY.—To establish that the alien is in foster 


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1 care, lacks parental or familial support, or has a se2 rious, chronic disability, the alien may provide at 

3 least two sworn affidavits from individuals who are 

4 not related to the alien and who have direct knowl5 edge of the circumstances that contain— 

6 (A) a statement that the alien is in foster 

7 care, otherwise lacks any parental or other fa8 miliar support, or has a serious, chronic dis9 ability, as appropriate; 

10 (B) the name, address, and telephone num11 ber of the affiant; and 

12 (C) the nature and duration of the rela13 tionship between the affiant and the alien. 

14 (h) DOCUMENTS ESTABLISHING QUALIFICATION FOR

15 HARDSHIP EXEMPTION.—To establish that an alien satis16 fies one of the criteria for the hardship exemption set forth 

17 in section 113(a)(2)(C), the alien may submit to the Sec18 retary at least two sworn affidavits from individuals who 

19 are not related to the alien and who have direct knowledge 

20 of the circumstances that warrant the exemption, that 

21 contain— 

22 (1) the name, address, and telephone number of 

23 the affiant; and 

24 (2) the nature and duration of the relationship 

25 between the affiant and the alien. 


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1 (i) DOCUMENTS ESTABLISHING SERVICE IN THE

2 UNIFORMED SERVICES.—To establish that an alien has 

3 served in the Uniformed Services for at least 2 years and, 

4 if discharged, received an honorable discharge, the alien 

5 may submit to the Secretary— 

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

7 (2) a National Guard Report of Separation and 

8 Record of Service form 22; 

9 (3) personnel records for such service from the 

10 appropriate Uniformed Service; or 

11 (4) health records from the appropriate Uni12 formed Service. 

13 (j) DOCUMENTS ESTABLISHING EARNED INCOME.— 

14 (1) IN GENERAL.—An alien may satisfy the 

15 earned income requirement under section 

16 113(a)(1)(C)(iii) by submitting records that— 

17 (A) establish compliance with such require18 ment; and 

19 (B) have been maintained by the Social Se20 curity Administration, the Internal Revenue 

21 Service, or any other Federal, State, or local 

22 government agency. 

23 (2) OTHER DOCUMENTS.—An alien who is un24 able to submit the records described in paragraph 

25 (1) may satisfy the earned income requirement by 


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1 submitting at least two types of reliable documents 

2 that provide evidence of employment or other forms 

3 of earned income, including— 

4 (A) bank records; 

5 (B) business records; 

6 (C) employer or contractor records; 

7 (D) records of a labor union, day labor 

8 center, or organization that assists workers in 

9 employment; 

10 (E) sworn affidavits from individuals who 

11 are not related to the alien and who have direct 

12 knowledge of the alien’s work, that contain— 

13 (i) the name, address, and telephone 

14 number of the affiant; and 

15 (ii) the nature and duration of the re16 lationship between the affiant and the 

17 alien; 

18 (F) remittance records; or 

19 (G) any other evidence determined to be 

20 credible by the Secretary. 

21 (k) AUTHORITY TO PROHIBIT USE OF CERTAIN

22 DOCUMENTS.—If the Secretary determines, after publica23 tion in the Federal Register and an opportunity for public 

24 comment, that any document or class of documents does 

25 not reliably establish identity or that permanent resident 


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1 status under this title (whether on a conditional basis, or 

2 without the conditional basis as provided in section 

3 113(c)(2)) is being obtained fraudulently to an unaccept4 able degree, the Secretary may prohibit or restrict the use 

5 of such document or class of documents. 

6 SEC. 128. RULE MAKING. 

7 (a) IN GENERAL.—Not later than 90 days after the 

8 date of the enactment of this Act, the Secretary shall pub9 lish in the Federal Register interim final rules imple10 menting this title, which shall allow eligible individuals to 

11 immediately apply for relief under section 111 or 

12 113(c)(2). Notwithstanding section 553 of title 5, United 

13 States Code, the regulation shall be effective, on an in14 terim basis, immediately upon publication, but may be 

15 subject to change and revision after public notice and op16 portunity for a period of public comment. The Secretary 

17 shall finalize such rules not later than 180 days after the 

18 date of publication. 

19 (b) PAPERWORK REDUCTION ACT.—The require20 ments under chapter 35 of title 44, United States Code, 

21 (commonly known as the ‘‘Paperwork Reduction Act’’) 

22 shall not apply to any action to implement this title. 

23 SEC. 129. CONFIDENTIALITY OF INFORMATION. 

24 (a) IN GENERAL.—The Secretary may not disclose 

25 or use information (including information provided during 


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1 administrative or judicial review) provided in applications 

2 filed under this title or in requests for DACA for the pur3 pose of immigration enforcement. 

4 (b) REFERRALS PROHIBITED.—The Secretary, based 

5 solely on information provided in an application for adjust6 ment of status under this title (including information pro7 vided during administrative or judicial review) or an appli8 cation for DACA, may not refer an applicant to U.S. Im9 migration and Customs Enforcement, U.S. Customs and 

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

11 (c) LIMITED EXCEPTION.—Notwithstanding sub12 sections (a) and (b), information provided in an applica13 tion for adjustment of status under this title may be 

14 shared with Federal security and law enforcement agen15 cies— 

16 (1) for assistance in the consideration of an ap17 plication for adjustment of status under this title; 

18 (2) to identify or prevent fraudulent claims; 

19 (3) for national security purposes; or 

20 (4) for the investigation or prosecution of any 

21 felony offense not related to immigration status. 

22 (d) PENALTY.—Any person who knowingly uses, pub23 lishes, or permits information to be examined in violation 

24 of this section shall be fined not more than $10,000. 


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1 SEC. 130. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI2 CANTS. 

3 (a) ESTABLISHMENT.—The Secretary of Homeland 

4 Security shall establish, within U.S. Citizenship and Immi5 gration Services, a program to award grants, on a com6 petitive basis, to eligible nonprofit organizations that will 

7 use the funding to assist eligible applicants under this title 

8 by providing them with the services described in sub9 section (b). 

10 (b) USE OF FUNDS.—Grant funds awarded under 

11 this section shall be used for the design and implementa12 tion of programs that provide— 

13 (1) information to the public regarding the eli14 gibility and benefits of permanent resident status 

15 under this title (whether on a conditional basis, or 

16 without the conditional basis as provided in section 

17 113(c)(2)), particularly to individuals potentially eli18 gible for such status; 

19 (2) assistance, within the scope of authorized 

20 practice of immigration law, to individuals submit21 ting applications for adjustment of status under this 

22 title (whether on a conditional basis, or without the 

23 conditional basis as provided in section 113(c)(2)), 

24 including— 

25 (A) screening prospective applicants to as26 sess their eligibility for such status; 


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1 (B) completing applications and petitions, 

2 including providing assistance in obtaining the 

3 requisite documents and supporting evidence; 

4 and 

5 (C) providing any other assistance that the 

6 Secretary or grantee considers useful or nec7 essary to apply for adjustment of status under 

8 this title (whether on a conditional basis, or 

9 without the conditional basis as provided in sec10 tion 113(c)(2)); and 

11 (3) assistance, within the scope of authorized 

12 practice of immigration law, and instruction, to indi13 viduals— 

14 (A) on the rights and responsibilities of 

15 United States citizenship; 

16 (B) in civics and English as a second lan17 guage; 

18 (C) in preparation for the General Edu19 cation Development test; and 

20 (D) in applying for adjustment of status 

21 and United States citizenship. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.— 

23 (1) AMOUNTS AUTHORIZED.—There are author24 ized to be appropriated such sums as may be necVerDate Sep 11 2014 23:18 Jun 10, 2019 Jkt 089200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H6.PCS H6

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1 essary for each of the fiscal years 2020 through 

2 2030 to carry out this section. 

3 (2) AVAILABILITY.—Any amounts appropriated 

4 pursuant to paragraph (1) shall remain available 

5 until expended. 

6 SEC. 131. PROVISIONS AFFECTING ELIGIBILITY FOR AD7 JUSTMENT OF STATUS. 

8 An alien’s eligibility to be lawfully admitted for per9 manent residence under this title (whether on a condi10 tional basis, or without the conditional basis as provided 

11 in section 113(c)(2)) shall not preclude the alien from 

12 seeking any status under any other provision of law for 

13 which the alien may otherwise be eligible. 

14 SEC. 132. SUPPLEMENTARY SURCHARGE FOR APPOINTED 

15 COUNSEL. 

16 (a) IN GENERAL.—Except as provided in section 122 

17 and in cases where the applicant is exempt from paying 

18 a fee under section 123(c), in any case in which a fee is 

19 charged pursuant to this title, an additional surcharge of 

20 $25 shall be imposed and collected for the purpose of pro21 viding appointed counsel to applicants seeking judicial re22 view of the Secretary’s decision to provisionally deny an 

23 application under section 126(c)(3). 

24 (b) IMMIGRATION COUNSEL ACCOUNT.—There is es25 tablished in the general fund of the Treasury a separate 


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1 account which shall be known as the ‘‘Immigration Coun2 sel Account’’. Fees collected under subsection (a) shall be 

3 deposited into the Immigration Counsel Account and shall 

4 to remain available until expended for purposes of pro5 viding appointed counsel as required under this title. 

6 (c) REPORT.—At the end of each 2-year period, be7 ginning with the establishment of this account, the Sec8 retary of Homeland Security shall submit a report to the 

9 Congress concerning the status of the account, including 

10 any balances therein, and recommend any adjustment in 

11 the prescribed fee that may be required to ensure that the 

12 receipts collected from the fee charged for the succeeding 

13 two years equal, as closely as possible, the cost of pro14 viding appointed counsel as required under this title. 

15 SEC. 133. ANNUAL REPORT ON PROVISIONAL DENIAL AU16 THORITY. 

17 Not later than 1 year after the date of the enactment 

18 of this Act, and annually thereafter, the Secretary of 

19 Homeland Security shall submit to the Congress a report 

20 detailing the number of applicants that receive— 

21 (1) a provisional denial under this title; 

22 (2) a final denial under this title without seek23 ing judicial review; 

24 (3) a final denial under this title after seeking 

25 judicial review; and 


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1 (4) an approval under this title after seeking ju2 dicial review. 

3 TITLE II—AMERICAN PROMISE 

4 ACT 

5 SEC. 201. SHORT TITLE. 

6 This title may be cited as the ‘‘American Promise Act 

7 of 2019’’. 

8 Subtitle A—Treatment of Certain 

9 Nationals of Certain Countries 

10 Designated for Temporary Pro11 tected Status or Deferred En12 forced Departure 

13 SEC. 211. ADJUSTMENT OF STATUS FOR CERTAIN NATION14 ALS OF CERTAIN COUNTRIES DESIGNATED 

15 FOR TEMPORARY PROTECTED STATUS OR 

16 DEFERRED ENFORCED DEPARTURE. 

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law, the Secretary or the Attorney General shall 

19 cancel the removal of, and adjust to the status of an alien 

20 lawfully admitted for permanent residence, an alien de21 scribed in subsection (b) if the alien— 

22 (1) applies for such adjustment, including sub23 mitting any required documents under section 227, 

24 not later than 3 years after the date of the enact25 ment of this Act; 


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1 (2) has been continuously physically present in 

2 the United States for a period of not less than 3 

3 years before the date of the enactment of this Act; 

4 and 

5 (3) is not inadmissible under paragraph (1), 

6 (2), (3), (6)(D), (6)(E), (6)(F), (6)(G), (8), or (10) 

7 of section 212(a) of the Immigration and Nationality 

8 Act (8 U.S.C. 1182(a)). 

9 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA10 TUS.—An alien shall be eligible for adjustment of status 

11 under this section if the alien is an individual— 

12 (1) who— 

13 (A) is a national of a foreign state (or part 

14 thereof) (or in the case of an alien having no 

15 nationality, is a person who last habitually re16 sided in such state) with a designation under 

17 subsection (b) of section 244 of the Immigra18 tion and Nationality Act (8 U.S.C. 1254a(b)) 

19 on January 1, 2017, who had or was otherwise 

20 eligible for temporary protected status on such 

21 date notwithstanding subsections (c)(1)(A)(iv) 

22 and (c)(3)(C) of such section; and 

23 (B) has not engaged in conduct since such 

24 date that would render the alien ineligible for 

25 temporary protected status under section 


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1 244(c)(2) of the Immigration and Nationality 

2 Act (8 U.S.C. 1245a(c)(2)); or 

3 (2) who was eligible for Deferred Enforced De4 parture as of January 1, 2017, and has not engaged 

5 in conduct since that date that would render the 

6 alien ineligible for Deferred Enforced Departure. 

7 (c) APPLICATION.— 

8 (1) FEE.—The Secretary shall, subject to an 

9 exemption under section 223(c), require an alien ap10 plying for adjustment of status under this section to 

11 pay a reasonable fee that is commensurate with the 

12 cost of processing the application, but does not ex13 ceed $1,140. 

14 (2) BACKGROUND CHECKS.—The Secretary 

15 may not grant an alien permanent resident status on 

16 a conditional basis under this section until the re17 quirements of section 222 are satisfied. 

18 (3) WITHDRAWAL OF APPLICATION.—The Sec19 retary of Homeland Security shall, upon receipt of 

20 a request to withdraw an application for adjustment 

21 of status under this section, cease processing of the 

22 application and close the case. Withdrawal of the ap23 plication under this subsection shall not prejudice 

24 any future application filed by the applicant for any 

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1 migration and Nationality Act (8 U.S.C. 1101 et 

2 seq.). 

3 Subtitle B—General Provisions 

4 SEC. 221. DEFINITIONS. 

5 (a) IN GENERAL.—In this title: 

6 (1) IN GENERAL.—Except as otherwise specifi7 cally provided, any term used in this title that is 

8 used in the immigration laws shall have the meaning 

9 given such term in the immigration laws. 

10 (2) DISABILITY.—The term ‘‘disability’’ has the 

11 meaning given such term in section 3(1) of the 

12 Americans with Disabilities Act of 1990 (42 U.S.C. 

13 12102(1)). 

14 (3) FEDERAL POVERTY LINE.—The term ‘‘Fed15 eral poverty line’’ has the meaning given such term 

16 in section 213A(h) of the Immigration and Nation17 ality Act (8 U.S.C. 1183a). 

18 (4) IMMIGRATION LAWS.—The term ‘‘immigra19 tion laws’’ has the meaning given such term in sec20 tion 101(a)(17) of the Immigration and Nationality 

21 Act (8 U.S.C. 1101(a)(17)). 

22 (5) SECRETARY.—Except as otherwise specifi23 cally provided, the term ‘‘Secretary’’ means the Sec24 retary of Homeland Security. 


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1 (6) UNIFORMED SERVICES.—The term ‘‘Uni2 formed Services’’ has the meaning given the term 

3 ‘‘uniformed services’’ in section 101(a) of title 10, 

4 United States Code. 

5 (b) TREATMENT OF EXPUNGED CONVICTIONS.—For 

6 purposes of adjustment of status under this title, the 

7 terms ‘‘convicted’’ and ‘‘conviction’’, as used in sections 

8 212 and 244 of the Immigration and Nationality Act (8 

9 U.S.C. 1182, 1254a), do not include a judgment that has 

10 been expunged or set aside, that resulted in a rehabilita11 tive disposition, or the equivalent. 

12 SEC. 222. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 

13 DATA; BACKGROUND CHECKS. 

14 (a) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC

15 DATA.—The Secretary may not grant an alien adjustment 

16 of status under this title unless the alien submits biometric 

17 and biographic data, in accordance with procedures estab18 lished by the Secretary. The Secretary shall provide an 

19 alternative procedure for aliens who are unable to provide 

20 such biometric or biographic data because of a physical 

21 impairment. 

22 (b) BACKGROUND CHECKS.—The Secretary shall use 

23 biometric, biographic, and other data that the Secretary 

24 determines appropriate to conduct security and law en25 forcement background checks and to determine whether 


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1 there is any criminal, national security, or other factor 

2 that would render the alien ineligible for adjustment of 

3 status under this title. The status of an alien may not 

4 be adjusted unless security and law enforcement back5 ground checks are completed to the satisfaction of the Sec6 retary. 

7 SEC. 223. LIMITATION ON REMOVAL; APPLICATION AND 

8 FEE EXEMPTION; WAIVER OF GROUNDS FOR 

9 INADMISSIBILITY AND OTHER CONDITIONS 

10 ON ELIGIBLE INDIVIDUALS. 

11 (a) LIMITATION ON REMOVAL.—An alien who ap12 pears to be prima facie eligible for relief under this title 

13 shall be given a reasonable opportunity to apply for such 

14 relief and may not be removed until, subject to section 

15 226(c), a final decision establishing ineligibility for relief 

16 is rendered. 

17 (b) APPLICATION.—An alien present in the United 

18 States who has been ordered removed or has been per19 mitted to depart voluntarily from the United States may, 

20 notwithstanding such order or permission to depart, apply 

21 for adjustment of status under this title. Such alien shall 

22 not be required to file a separate motion to reopen, recon23 sider, or vacate the order of removal. If the Secretary ap24 proves the application, the Secretary shall cancel the order 

25 of removal. If the Secretary renders a final administrative 


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1 decision to deny the application, the order of removal or 

2 permission to depart shall be effective and enforceable to 

3 the same extent as if the application had not been made, 

4 only after all available administrative and judicial rem5 edies have been exhausted. 

6 (c) FEE EXEMPTION.—An applicant may be exempt7 ed from paying an application fee required under this title 

8 if the applicant— 

9 (1) is younger than 18 years of age; 

10 (2) received total income, during the 12-month 

11 period immediately preceding the date on which the 

12 applicant files an application under this title, that is 

13 less than 150 percent of the Federal poverty line; 

14 (3) is in foster care or otherwise lacks any pa15 rental or other familial support; or 

16 (4) cannot care for himself or herself because of 

17 a serious, chronic disability. 

18 (d) WAIVER OF GROUNDS OF INADMISSIBILITY.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2), with respect to any benefit under this 

21 title, and in addition to any waivers that are other22 wise available, the Secretary may waive the grounds 

23 of inadmissibility under paragraph (1), subpara24 graphs (A), (C), and (D) of paragraph (2), subpara25 graphs (D) through (G) of paragraph (6), or paraVerDate Sep 11 2014 23:18 Jun 10, 2019 Jkt 089200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H6.PCS H6

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1 graph (10)(D) of section 212(a) of the Immigration 

2 and Nationality Act (8 U.S.C. 1182(a)) for humani3 tarian purposes, for family unity, or because the 

4 waiver is otherwise in the public interest. 

5 (2) EXCEPTION.—The Secretary may not waive 

6 a ground described in paragraph (1) if such inad7 missibility is based on a conviction or convictions, 

8 and such conviction or convictions would otherwise 

9 render the alien ineligible under section 

10 244(c)(2)(B) of the Immigration and Nationality 

11 Act (8 U.S.C. 1254a(c)(2)(B)). 

12 (e) ADVANCE PAROLE.—During the period beginning 

13 on the date on which an alien applies for adjustment of 

14 status under this title and ending on the date on which 

15 the Secretary makes a final decision regarding such appli16 cation, the alien shall be eligible to apply for advance pa17 role. Section 101(g) of the Immigration and Nationality 

18 Act (8 U.S.C. 1101(g)) shall not apply to an alien granted 

19 advance parole under this section. 

20 (f) EMPLOYMENT.—An alien whose removal is stayed 

21 pursuant to this title, or who has pending an application 

22 under this title, shall, upon application to the Secretary, 

23 be granted an employment authorization document. 


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1 SEC. 224. DETERMINATION OF CONTINUOUS PRESENCE. 

2 (a) EFFECT OF NOTICE TO APPEAR.—Any period of 

3 continuous physical presence in the United States of an 

4 alien who applies for adjustment of status under this title 

5 shall not terminate when the alien is served a notice to 

6 appear under section 239(a) of the Immigration and Na7 tionality Act (8 U.S.C. 1229(a)). 

8 (b) TREATMENT OF CERTAIN BREAKS IN PRES9 ENCE.— 

10 (1) IN GENERAL.—Except as provided in para11 graphs (2) and (3), an alien shall be considered to 

12 have failed to maintain continuous physical presence 

13 in the United States under this title if the alien has 

14 departed from the United States for any period ex15 ceeding 90 days or for any periods, in the aggregate, 

16 exceeding 180 days. 

17 (2) EXTENSIONS FOR EXTENUATING CIR18 CUMSTANCES.—The Secretary may extend the time 

19 periods described in paragraph (1) for an alien who 

20 demonstrates that the failure to timely return to the 

21 United States was due to extenuating circumstances 

22 beyond the alien’s control, including the serious ill23 ness of the alien, or death or serious illness of a par24 ent, grandparent, sibling, or child of the alien. 

25 (3) TRAVEL AUTHORIZED BY THE SEC26 RETARY.—Any period of travel outside of the United 


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1 States by an alien that was authorized by the Sec2 retary may not be counted toward any period of de3 parture from the United States under paragraph 

4 (1). 

5 (c) WAIVER OF PHYSICAL PRESENCE.—With respect 

6 to aliens who were removed or departed the United States 

7 on or after January 20, 2017, and who were continuously 

8 physically present in the United States for at least 3 years 

9 prior to such removal or departure, the Secretary may, 

10 as a matter of discretion, waive the physical presence re11 quirement under section 211(a)(2) for humanitarian pur12 poses, for family unity, or because a waiver is otherwise 

13 in the public interest. The Secretary, in consultation with 

14 the Secretary of State, shall establish a procedure for such 

15 aliens to apply for relief under section 211 from outside 

16 the United States if they would have been eligible for relief 

17 under such section, but for their removal or departure. 

18 SEC. 225. EXEMPTION FROM NUMERICAL LIMITATIONS. 

19 Nothing in this title or in any other law may be con20 strued to apply a numerical limitation on the number of 

21 aliens who may be granted permanent resident status 

22 under this title. 


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1 SEC. 226. AVAILABILITY OF ADMINISTRATIVE AND JUDI2 CIAL REVIEW. 

3 (a) ADMINISTRATIVE REVIEW.—Not later than 30 

4 days after the date of the enactment of this Act, the Sec5 retary shall provide to aliens who have applied for adjust6 ment of status under this title a process by which an appli7 cant may seek administrative appellate review of a denial 

8 of an application for adjustment of status, or a revocation 

9 of such status. 

10 (b) JUDICIAL REVIEW.—Notwithstanding any other 

11 provision of law, an alien may seek judicial review of a 

12 denial of an application for adjustment of status, or a rev13 ocation of such status, under this title in the United 

14 States district court with jurisdiction over the alien’s resi15 dence. 

16 (c) STAY OF REMOVAL.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), an alien seeking administrative or judicial 

19 review under this title may not be removed from the 

20 United States until a final decision is rendered es21 tablishing that the alien is ineligible for adjustment 

22 of status under this title. 

23 (2) EXCEPTION.—The Secretary may remove 

24 an alien described in paragraph (1) pending judicial 

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1 fect the alien’s right to judicial review under this 

2 title. The Secretary shall promptly return a removed 

3 alien if a decision to deny an application for adjust4 ment of status under this title, or to revoke such 

5 status, is reversed. 

6 SEC. 227. DOCUMENTATION REQUIREMENTS. 

7 (a) DOCUMENTS ESTABLISHING IDENTITY.—An 

8 alien’s application for permanent resident status under 

9 this title may include, as evidence of identity, the fol10 lowing: 

11 (1) A passport or national identity document 

12 from the alien’s country of origin that includes the 

13 alien’s name and the alien’s photograph or finger14 print. 

15 (2) The alien’s birth certificate and an identity 

16 card that includes the alien’s name and photograph. 

17 (3) A school identification card that includes 

18 the alien’s name and photograph, and school records 

19 showing the alien’s name and that the alien is or 

20 was enrolled at the school. 

21 (4) A Uniformed Services identification card 

22 issued by the Department of Defense. 

23 (5) Any immigration or other document issued 

24 by the United States Government bearing the alien’s 

25 name and photograph. 


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1 (6) A State-issued identification card bearing 

2 the alien’s name and photograph. 

3 (7) Any other evidence determined to be cred4 ible by the Secretary. 

5 (b) DOCUMENTS ESTABLISHING CONTINUOUS PHYS6 ICAL PRESENCE.—An alien’s application for permanent 

7 resident status under this title may include, as evidence 

8 that the alien has been continuously physically present in 

9 the United States, as required under section 211(a)(2), 

10 the following: 

11 (1) Passport entries, including admission 

12 stamps on the alien’s passport. 

13 (2) Any document from the Department of Jus14 tice or the Department of Homeland Security noting 

15 the alien’s date of entry into the United States. 

16 (3) Records from any educational institution 

17 the alien has attended in the United States. 

18 (4) Employment records of the alien that in19 clude the employer’s name and contact information. 

20 (5) Records of service from the Uniformed 

21 Services. 

22 (6) Official records from a religious entity con23 firming the alien’s participation in a religious cere24 mony. 


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1 (7) A birth certificate for a child who was born 

2 in the United States. 

3 (8) Hospital or medical records showing med4 ical treatment or hospitalization, the name of the 

5 medical facility or physician, and the date of the 

6 treatment or hospitalization. 

7 (9) Automobile license receipts or registration. 

8 (10) Deeds, mortgages, or rental agreement 

9 contracts. 

10 (11) Rent receipts or utility bills bearing the 

11 alien’s name or the name of an immediate family 

12 member of the alien, and the alien’s address. 

13 (12) Tax receipts. 

14 (13) Insurance policies. 

15 (14) Remittance records, including copies of 

16 money order receipts sent in or out of the country. 

17 (15) Travel records. 

18 (16) Dated bank transactions. 

19 (17) Two or more sworn affidavits from individ20 uals who are not related to the alien who have direct 

21 knowledge of the alien’s continuous physical pres22 ence in the United States, that contain— 

23 (A) the name, address, and telephone num24 ber of the affiant; and 


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1 (B) the nature and duration of the rela2 tionship between the affiant and the alien. 

3 (18) Any other evidence determined to be cred4 ible by the Secretary. 

5 (c) DOCUMENTS ESTABLISHING EXEMPTION FROM

6 APPLICATION FEES.—An alien’s application for perma7 nent resident status under this title may include, as evi8 dence that the alien is exempt from an application fee 

9 under section 223(c), the following: 

10 (1) DOCUMENTS TO ESTABLISH AGE.—To es11 tablish that an alien meets an age requirement, the 

12 alien may provide proof of identity, as described in 

13 subsection (a), that establishes that the alien is 

14 younger than 18 years of age. 

15 (2) DOCUMENTS TO ESTABLISH INCOME.—To 

16 establish the alien’s income, the alien may provide— 

17 (A) employment records or other records of 

18 earned income, including records that have been 

19 maintained by the Social Security Administra20 tion, the Internal Revenue Service, or any other 

21 Federal, State, or local government agency; 

22 (B) bank records; or 

23 (C) at least two sworn affidavits from indi24 viduals who are not related to the alien and 


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1 who have direct knowledge of the alien’s work 

2 and income that contain— 

3 (i) the name, address, and telephone 

4 number of the affiant; and 

5 (ii) the nature and duration of the re6 lationship between the affiant and the 

7 alien. 

8 (3) DOCUMENTS TO ESTABLISH FOSTER CARE, 

9 LACK OF FAMILIAL SUPPORT, OR SERIOUS, CHRONIC

10 DISABILITY.—To establish that the alien is in foster 

11 care, lacks parental or familial support, or has a se12 rious, chronic disability, the alien may provide at 

13 least two sworn affidavits from individuals who are 

14 not related to the alien and who have direct knowl15 edge of the circumstances that contain— 

16 (A) a statement that the alien is in foster 

17 care, otherwise lacks any parental or other fa18 miliar support, or has a serious, chronic dis19 ability, as appropriate; 

20 (B) the name, address, and telephone num21 ber of the affiant; and 

22 (C) the nature and duration of the rela23 tionship between the affiant and the alien. 

24 (d) AUTHORITY TO PROHIBIT USE OF CERTAIN DOC25 UMENTS.—If the Secretary determines, after publication 


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1 in the Federal Register and an opportunity for public com2 ment, that any document or class of documents does not 

3 reliably establish identity or that permanent resident sta4 tus under this title is being obtained fraudulently to an 

5 unacceptable degree, the Secretary may prohibit or re6 strict the use of such document or class of documents. 

7 SEC. 228. RULE MAKING. 

8 (a) IN GENERAL.—Not later than 90 days after the 

9 date of the enactment of this Act, the Secretary shall pub10 lish in the Federal Register interim final rules imple11 menting this title, which shall allow eligible individuals to 

12 immediately apply for relief under section 211. Notwith13 standing section 553 of title 5, United States Code, the 

14 regulation shall be effective, on an interim basis, imme15 diately upon publication, but may be subject to change and 

16 revision after public notice and opportunity for a period 

17 of public comment. The Secretary shall finalize such rules 

18 not later than 180 days after the date of publication. 

19 (b) PAPERWORK REDUCTION ACT.—The require20 ments under chapter 35 of title 44, United States Code, 

21 (commonly known as the ‘‘Paperwork Reduction Act’’) 

22 shall not apply to any action to implement this title. 

23 SEC. 229. CONFIDENTIALITY OF INFORMATION. 

24 (a) IN GENERAL.—The Secretary may not disclose 

25 or use information provided in applications filed under this 


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1 title (including information provided during administrative 

2 or judicial review) for the purpose of immigration enforce3 ment. 

4 (b) REFERRALS PROHIBITED.—The Secretary, based 

5 solely on information provided in an application for adjust6 ment of status under this title (including information pro7 vided during administrative or judicial review), may not 

8 refer an applicant to U.S. Immigration and Customs En9 forcement, U.S. Customs and Border Protection, or any 

10 designee of either such entity. 

11 (c) LIMITED EXCEPTION.—Notwithstanding sub12 sections (a) and (b), information provided in an applica13 tion for adjustment of status under this title may be 

14 shared with Federal security and law enforcement agen15 cies— 

16 (1) for assistance in the consideration of an ap17 plication for adjustment of status under this title; 

18 (2) to identify or prevent fraudulent claims; 

19 (3) for national security purposes; or 

20 (4) for the investigation or prosecution of any 

21 felony not related to immigration status. 

22 (d) PENALTY.—Any person who knowingly uses, pub23 lishes, or permits information to be examined in violation 

24 of this section shall be fined not more than $10,000. 


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1 SEC. 230. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI2 CANTS. 

3 (a) ESTABLISHMENT.—The Secretary of Homeland 

4 Security shall establish, within U.S. Citizenship and Immi5 gration Services, a program to award grants, on a com6 petitive basis, to eligible nonprofit organizations that will 

7 use the funding to assist eligible applicants under this title 

8 by providing them with the services described in sub9 section (b). 

10 (b) USE OF FUNDS.—Grant funds awarded under 

11 this section shall be used for the design and implementa12 tion of programs that provide— 

13 (1) information to the public regarding the eli14 gibility and benefits of permanent resident status 

15 under this title, particularly to individuals poten16 tially eligible for such status; 

17 (2) assistance, within the scope of authorized 

18 practice of immigration law, to individuals submit19 ting applications for adjustment of status under this 

20 title, including— 

21 (A) screening prospective applicants to as22 sess their eligibility for such status; 

23 (B) completing applications and petitions, 

24 including providing assistance in obtaining the 

25 requisite documents and supporting evidence; 

26 and 


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1 (C) providing any other assistance that the 

2 Secretary or grantee considers useful or nec3 essary to apply for adjustment of status under 

4 this title; and 

5 (3) assistance, within the scope of authorized 

6 practice of immigration law, and instruction, to indi7 viduals— 

8 (A) on the rights and responsibilities of 

9 United States citizenship; 

10 (B) in civics and English as a second lan11 guage; 

12 (C) in preparation for the General Edu13 cation Development test; and 

14 (D) in applying for adjustment of status 

15 and United States citizenship. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.— 

17 (1) AMOUNTS AUTHORIZED.—There are author18 ized to be appropriated such sums as may be nec19 essary for each of the fiscal years 2020 through 

20 2030 to carry out this section. 

21 (2) AVAILABILITY.—Any amounts appropriated 

22 pursuant to paragraph (1) shall remain available 

23 until expended. 


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1 SEC. 231. PROVISIONS AFFECTING ELIGIBILITY FOR AD2 JUSTMENT OF STATUS. 

3 An alien’s eligibility to be lawfully admitted for per4 manent residence under this title shall not preclude the 

5 alien from seeking any status under any other provision 

6 of law for which the alien may otherwise be eligible. 

Passed the House of Representatives June 4, 2019. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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Calendar No. 112 

116TH CONGRESS 

1ST SESSION H. R. 6 

AN ACT 

To authorize the cancellation of removal and adpurposes. justment of status of certain aliens, and for other 

JUNE 10, 2019 

Read the second time and placed on the calendar 


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