116TH CONGRESS 

1ST SESSION H. R. 6 

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, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘American Dream and Promise Act of 2019’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—DREAM ACT 

Sec. 101. Short title. 

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. 
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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. 

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

2 provision of law, the Secretary or the Attorney Gen3 eral shall cancel the removal of, and adjust to the 

4 status of an alien lawfully admitted for permanent 

5 residence on a conditional basis, or without the con6 ditional basis as provided in section 113(c)(2), an 

7 alien who is inadmissible or deportable from the 

8 United States (or is under a grant of Deferred En9 forced Departure or has temporary protected status 

10 under section 244 of the Immigration and Nation11 ality Act (8 U.S.C. 1254a)) if— 

12 (A) the alien has been continuously phys13 ically present in the United States since the 

14 date that is 4 years before the date of the en15 actment of this Act; 

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

17 age on the date on which the alien entered the 

18 United States and has continuously resided in 

19 the United States since such entry; 

20 (C) the alien— 

21 (i) subject to section 123(d), is not in22 admissible under paragraph (1), (6)(E), 

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

24 the Immigration and Nationality Act (8 

25 U.S.C. 1182(a)); 
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1 (ii) has not ordered, incited, assisted, 

2 or otherwise participated in the persecution 

3 of any person on account of race, religion, 

4 nationality, membership in a particular so5 cial group, or political opinion; and 

6 (iii) is not barred from adjustment of 

7 status under this title based on the crimi8 nal and national security grounds de9 scribed under subsection (c), subject to the 

10 provisions of such subsection; and 

11 (D) the alien— 

12 (i) has been admitted to an institution 

13 of higher education; 

14 (ii) has been admitted to an area ca15 reer and technical education school at the 

16 postsecondary level; 

17 (iii) in the United States, has ob18 tained— 

19 (I) a high school diploma or a 

20 commensurate alternative award from 

21 a public or private high school; 

22 (II) a General Education Devel23 opment credential, a high school 

24 equivalency diploma recognized under 
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1 State law, or another similar State2 authorized credential; 

3 (III) a credential or certificate 

4 from an area career and technical 

5 education school at the secondary 

6 level; or 

7 (IV) a recognized postsecondary 

8 credential; or 

9 (iv) is enrolled in secondary school or 

10 in an education program assisting students 

11 in— 

12 (I) obtaining a high school di13 ploma or its recognized equivalent 

14 under State law; 

15 (II) passing the General Edu16 cation Development test, a high school 

17 equivalence diploma examination, or 

18 other similar State-authorized exam; 

19 (III) obtaining a certificate or 

20 credential from an area career and 

21 technical education school providing 

22 education at the secondary level; or 

23 (IV) obtaining a recognized post24 secondary credential. 

25 (2) APPLICATION FEE.— 
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1 (A) IN GENERAL.—The Secretary may, 

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

3 require an alien applying under this section to 

4 pay a reasonable fee that is commensurate with 

5 the cost of processing the application but does 

6 not exceed $495.00. 

7 (B) SPECIAL PROCEDURE FOR APPLICANTS

8 WITH DACA.—The Secretary shall establish a 

9 streamlined procedure for aliens who have been 

10 granted DACA and who meet the requirements 

11 for renewal (under the terms of the program in 

12 effect on January 1, 2017) to apply for can13 cellation of removal and adjustment of status to 

14 that of an alien lawfully admitted for perma15 nent residence on a conditional basis under this 

16 section, or without the conditional basis as pro17 vided in section 113(c)(2). Such procedure shall 

18 not include a requirement that the applicant 

19 pay a fee, except that the Secretary may re20 quire an applicant who meets the requirements 

21 for lawful permanent residence without the con22 ditional basis under section 113(c)(2) to pay a 

23 fee that is commensurate with the cost of proc24 essing the application, subject to the exemption 

25 under section 123(c). 
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1 (3) BACKGROUND CHECKS.—The Secretary 

2 may not grant an alien permanent resident status on 

3 a conditional basis under this section until the re4 quirements of section 122 are satisfied. 

5 (4) MILITARY SELECTIVE SERVICE.—An alien 

6 applying for permanent resident status on a condi7 tional basis under this section, or without the condi8 tional basis as provided in section 113(c)(2), shall 

9 establish that the alien has registered under the 

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

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

12 such Act. 

13 (c) CRIMINAL AND NATIONAL SECURITY BARS.— 

14 (1) GROUNDS OF INELIGIBILITY.—Except as 

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

16 adjustment of status under this title (whether on a 

17 conditional basis or without the conditional basis as 

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

19 apply: 

20 (A) The alien is inadmissible under para21 graph (2) or (3) of section 212(a) of the Immi22 gration and Nationality Act (8 U.S.C. 1182(a)). 

23 (B) Excluding any offense under State law 

24 for which an essential element is the alien’s im-
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1 migration status, and any minor traffic offense, 

2 the alien has been convicted of— 

3 (i) any felony offense; 

4 (ii) three or more misdemeanor of5 fenses (excluding simple possession of can6 nabis or cannabis-related paraphernalia, 

7 any offense involving cannabis or cannabis8 related paraphernalia which is no longer 

9 prosecutable in the State in which the con10 viction was entered, and any offense involv11 ing civil disobedience without violence) not 

12 occurring on the same date, and not aris13 ing out of the same act, omission, or 

14 scheme of misconduct; or 

15 (iii) a misdemeanor offense of domes16 tic violence, unless the alien demonstrates 

17 that such crime is related to the alien hav18 ing been— 

19 (I) a victim of domestic violence, 

20 sexual assault, stalking, child abuse or 

21 neglect, abuse or neglect in later life, 

22 or human trafficking; 

23 (II) battered or subjected to ex24 treme cruelty; or 
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1 (III) a victim of criminal activity 

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

3 of the Immigration and Nationality 

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

5 (2) WAIVERS FOR CERTAIN MISDEMEANORS.— 

6 For humanitarian purposes, family unity, or if oth7 erwise in the public interest, the Secretary may— 

8 (A) waive the grounds of inadmissibility 

9 under subparagraphs (A), (C), and (D) of sec10 tion 212(a)(2) of the Immigration and Nation11 ality Act (8 U.S.C. 1182(a)(2)), unless the con12 viction forming the basis for inadmissibility 

13 would otherwise render the alien ineligible 

14 under paragraph (1)(B) (subject to subpara15 graph (B)); and 

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

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

18 (i) one misdemeanor offense if the 

19 alien has not been convicted of any offense 

20 in the 5-year period preceding the date on 

21 which the alien applies for adjustment of 

22 status under this title; or 

23 (ii) up to two misdemeanor offenses if 

24 the alien has not been convicted of any of25 fense in the 10-year period preceding the 
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1 date on which the alien applies for adjust2 ment of status under this title. 

3 (3) AUTHORITY TO CONDUCT SECONDARY RE4 VIEW.— 

5 (A) IN GENERAL.—Notwithstanding an 

6 alien’s eligibility for adjustment of status under 

7 this title, and subject to the procedures de8 scribed in this paragraph, the Secretary of 

9 Homeland Security may, as a matter of non10 delegable discretion, provisionally deny an appli11 cation for adjustment of status (whether on a 

12 conditional basis or without the conditional 

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

14 Secretary, based on clear and convincing evi15 dence, which shall include credible law enforce16 ment information, determines that the alien is 

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

18 (B) PUBLIC SAFETY.—An alien is de19 scribed in this subparagraph if— 

20 (i) excluding simple possession of can21 nabis or cannabis-related paraphernalia, 

22 any offense involving cannabis or cannabis23 related paraphernalia which is no longer 

24 prosecutable in the State in which the con25 viction was entered, any offense under 
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1 State law for which an essential element is 

2 the alien’s immigration status, any offense 

3 involving civil disobedience without vio4 lence, and any minor traffic offense, the 

5 alien— 

6 (I) has been convicted of a mis7 demeanor offense punishable by a 

8 term of imprisonment of more than 

9 30 days; or 

10 (II) has been adjudicated delin11 quent in a State or local juvenile court 

12 proceeding that resulted in a disposi13 tion ordering placement in a secure 

14 facility; and 

15 (ii) the alien poses a significant and 

16 continuing threat to public safety related 

17 to such conviction or adjudication. 

18 (C) PUBLIC SAFETY DETERMINATION.— 

19 For purposes of subparagraph (B)(ii), the Sec20 retary shall consider the recency of the convic21 tion or adjudication; the length of any imposed 

22 sentence or placement; the nature and serious23 ness of the conviction or adjudication, including 

24 whether the elements of the offense include the 

25 unlawful possession or use of a deadly weapon 
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1 to commit an offense or other conduct intended 

2 to cause serious bodily injury; and any miti3 gating factors pertaining to the alien’s role in 

4 the commission of the offense. 

5 (D) GANG PARTICIPATION.—An alien is 

6 described in this subparagraph if the alien has, 

7 within the 5 years immediately preceding the 

8 date of the application, knowingly, willfully, and 

9 voluntarily participated in offenses committed 

10 by a criminal street gang (as described in sub11 sections (a) and (c) of section 521 of title 18, 

12 United States Code) with the intent to promote 

13 or further the commission of such offenses. 

14 (E) EVIDENTIARY LIMITATION.—For pur15 poses of subparagraph (D), allegations of gang 

16 membership obtained from a State or Federal 

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

18 databases used for the purpose of recording and 

19 sharing activities of alleged gang members 

20 across law enforcement agencies, shall not es21 tablish the participation described in such para22 graph. 

23 (F) NOTICE.— 

24 (i) IN GENERAL.—Prior to rendering 

25 a discretionary decision under this para-
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1 graph, the Secretary of Homeland Security 

2 shall provide written notice of the intent to 

3 provisionally deny the application to the 

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

5 any) by certified mail and, if an electronic 

6 mail address is provided, by electronic mail 

7 (or other form of electronic communica8 tion). Such notice shall— 

9 (I) articulate with specificity all 

10 grounds for the preliminary deter11 mination, including the evidence relied 

12 upon to support the determination; 

13 and 

14 (II) provide the alien with not 

15 less than 90 days to respond. 

16 (ii) SECOND NOTICE.—Not more than 

17 30 days after the issuance of the notice 

18 under clause (i), the Secretary of Home19 land Security shall provide a second writ20 ten notice that meets the requirements of 

21 such clause. 

22 (iii) NOTICE NOT RECEIVED.—Not23 withstanding any other provision of law, if 

24 an applicant provides good cause for not 

25 contesting a provisional denial under this 
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1 paragraph, including a failure to receive 

2 notice as required under this subpara3 graph, the Secretary of Homeland Security 

4 shall, upon a motion filed by the alien, re5 open an application for adjustment of sta6 tus under this title and allow the applicant 

7 an opportunity to respond, consistent with 

8 clause (i)(II). 

9 (G) JUDICIAL REVIEW.—An alien is enti10 tled to judicial review of the Secretary’s deci11 sion to provisionally deny an application under 

12 this paragraph in accordance with the proce13 dures described in section 126(c). 

14 (4) DEFINITIONS.—For purposes of this sub15 section— 

16 (A) the term ‘‘felony offense’’ means an of17 fense under Federal or State law that is pun18 ishable by a maximum term of imprisonment of 

19 more than 1 year; 

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

21 means an offense under Federal or State law 

22 that is punishable by a term of imprisonment of 

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

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

25 means any offense that has as an element the 
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1 use, attempted use, or threatened use of phys2 ical force against a person committed by a cur3 rent or former spouse of the person, by an indi4 vidual with whom the person shares a child in 

5 common, by an individual who is cohabiting 

6 with or has cohabited with the person as a 

7 spouse, by an individual similarly situated to a 

8 spouse of the person under the domestic or 

9 family violence laws of the jurisdiction where 

10 the offense occurs, or by any other individual 

11 against a person who is protected from that in12 dividual’s acts under the domestic or family vio13 lence laws of the United States or any State, 

14 Indian tribal government, or unit of local gov15 ernment; and 

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

17 ‘‘adjudicated’’, or ‘‘adjudication’’ does not in18 clude a judgment that has been expunged or set 

19 aside, that resulted in a rehabilitative disposi20 tion, or the equivalent. 

21 (d) LIMITATION ON REMOVAL OF CERTAIN ALIEN

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

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

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

25 opportunity to meet the educational requirements under 
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1 subparagraph (D) of such subsection. The Attorney Gen2 eral or the Secretary may not commence or continue with 

3 removal proceedings against such an alien. 

4 (e) WITHDRAWAL OF APPLICATION.—The Secretary 

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

6 withdraw an application for adjustment of status under 

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

8 the case. Withdrawal of the application under this sub9 section shall not prejudice any future application filed by 

10 the applicant for any immigration benefit under this title 

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

12 1101 et seq.). 

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

14 CONDITIONAL BASIS. 

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

16 on a conditional basis is— 

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

18 period is extended by the Secretary; and 

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

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

21 alien obtains permanent resident status on a conditional 

22 basis, the Secretary shall provide notice to the alien re23 garding the provisions of this title and the requirements 

24 to have the conditional basis of such status removed. 
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1 (c) REVOCATION OF STATUS.—The Secretary may 

2 revoke the permanent resident status on a conditional 

3 basis of an alien only if the Secretary— 

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

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

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

7 (A) notice of the proposed revocation; and 

8 (B) the opportunity for a hearing to pro9 vide evidence that the alien meets such require10 ments or otherwise to contest the proposed rev11 ocation. 

12 (d) RETURN TO PREVIOUS IMMIGRATION STATUS.— 

13 An alien whose permanent resident status on a conditional 

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

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

16 the alien had immediately before receiving permanent resi17 dent status on a conditional basis. 

18 SEC. 113. REMOVAL OF CONDITIONAL BASIS OF PERMA19 NENT RESIDENT STATUS. 

20 (a) ELIGIBILITY FOR REMOVAL OF CONDITIONAL

21 BASIS.— 

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

23 the Secretary shall remove the conditional basis of 

24 an alien’s permanent resident status granted under 
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1 this title and grant the alien status as an alien law2 fully admitted for permanent residence if the alien— 

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

4 (B) has not abandoned the alien’s resi5 dence in the United States during the period in 

6 which the alien has permanent resident status 

7 on a conditional basis; and 

8 (C)(i) has obtained a degree from an insti9 tution of higher education, or has completed at 

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

11 the United States leading to a bachelor’s degree 

12 or higher degree or a recognized postsecondary 

13 credential from an area career and technical 

14 education school providing education at the 

15 postsecondary level; 

16 (ii) has served in the Uniformed Services 

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

18 an honorable discharge; or 

19 (iii) demonstrates earned income for peri20 ods totaling at least 3 years and at least 75 

21 percent of the time that the alien has had a 

22 valid employment authorization, except that, in 

23 the case of an alien who was enrolled in an in24 stitution of higher education, an area career 

25 and technical education school to obtain a rec-
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1 ognized postsecondary credential, or an edu2 cation program described in section 

3 111(b)(1)(D)(iii), the Secretary shall reduce 

4 such total 3-year requirement by the total of 

5 such periods of enrollment. 

6 (2) HARDSHIP EXCEPTION.—The Secretary 

7 shall remove the conditional basis of an alien’s per8 manent resident status and grant the alien status as 

9 an alien lawfully admitted for permanent residence 

10 if the alien— 

11 (A) satisfies the requirements under sub12 paragraphs (A) and (B) of paragraph (1); 

13 (B) demonstrates compelling circumstances 

14 for the inability to satisfy the requirements 

15 under subparagraph (C) of such paragraph; and 

16 (C) demonstrates that— 

17 (i) the alien has a disability; 

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

19 or 

20 (iii) the removal of the alien from the 

21 United States would result in hardship to 

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

23 child who is a national of the United 

24 States or is lawfully admitted for perma25 nent residence. 
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1 (3) CITIZENSHIP REQUIREMENT.— 

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

3 subparagraph (B), the conditional basis of an 

4 alien’s permanent resident status granted under 

5 this title may not be removed unless the alien 

6 demonstrates that the alien satisfies the re7 quirements under section 312(a) of the Immi8 gration and Nationality Act (8 U.S.C. 1423(a)). 

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

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

11 requirements under such section 312(a) due to 

12 disability. 

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

14 subject to an exemption under section 123(c), re15 quire aliens applying for removal of the conditional 

16 basis of an alien’s permanent resident status under 

17 this section to pay a reasonable fee that is commen18 surate with the cost of processing the application. 

19 (5) BACKGROUND CHECK.—The Secretary may 

20 not remove the conditional basis of an alien’s perma21 nent resident status until the requirements of sec22 tion 122 are satisfied. 

23 (b) TREATMENT FOR PURPOSES OF NATURALIZA24 TION.— 
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1 (1) IN GENERAL.—For purposes of title III of 

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

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

4 on a conditional basis shall be considered to have 

5 been admitted to the United States, and be present 

6 in the United States, as an alien lawfully admitted 

7 for permanent residence. 

8 (2) LIMITATION ON APPLICATION FOR NATU9 RALIZATION.—An alien may not apply for natu10 ralization while the alien is in permanent resident 

11 status on a conditional basis. 

12 (c) TIMING OF APPROVAL OF LAWFUL PERMANENT

13 RESIDENT STATUS.— 

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

15 resident status on a conditional basis under this title 

16 may apply to have such conditional basis removed at 

17 any time after such alien has met the eligibility re18 quirements set forth in subsection (a). 

19 (2) APPROVAL WITH REGARD TO INITIAL APPLI20 CATIONS.— 

21 (A) IN GENERAL.—Notwithstanding any 

22 other provision of law, the Secretary or the At23 torney General shall cancel the removal of, and 

24 adjust to the status of an alien lawfully admit-
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1 ted for permanent resident status without con2 ditional basis, any alien who— 

3 (i) demonstrates eligibility for lawful 

4 permanent residence status on a condi5 tional basis under section 111(b); and 

6 (ii) subject to the exceptions described 

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

8 section, already has fulfilled the require9 ments of paragraphs (1) and (3) of sub10 section (a) of this section at the time such 

11 alien first submits an application for bene12 fits under this title. 

13 (B) BACKGROUND CHECKS.—Subsection 

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

15 permanent resident status without conditional 

16 basis in an initial application in the same man17 ner as it applies to an alien seeking removal of 

18 the conditional basis of an alien’s permanent 

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

20 construed to require the Secretary to conduct 

21 more than one identical security or law enforce22 ment background check on such an alien. 

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

24 alien seeking lawful permanent resident status 

25 without conditional basis in an initial applica-
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1 tion, the alien shall pay the fee required under 

2 subsection (a)(4), subject to the exemption al3 lowed under section 123(c), but shall not be re4 quired to pay the application fee under section 

5 111(b)(2). 

6 Subtitle B—General Provisions 

7 SEC. 121. DEFINITIONS. 

8 In this title: 

9 (1) IN GENERAL.—Except as otherwise specifi10 cally provided, any term used in this title that is 

11 used in the immigration laws shall have the meaning 

12 given such term in the immigration laws. 

13 (2) APPROPRIATE UNITED STATES DISTRICT

14 COURT.—The term ‘‘appropriate United States dis15 trict court’’ mean the United States District Court 

16 for the District of Columbia or the United States 

17 district court with jurisdiction over the alien’s prin18 cipal place of residence. 

19 (3) AREA CAREER AND TECHNICAL EDUCATION

20 SCHOOL.—The term ‘‘area career and technical edu21 cation school’’ has the meaning given such term in 

22 section 3 of the Carl D. Perkins Career and Tech23 nical Education Act of 2006 (20 U.S.C. 2302). 

24 (4) DACA.—The term ‘‘DACA’’ means de25 ferred action granted to an alien pursuant to the 
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1 Deferred Action for Childhood Arrivals policy an2 nounced by the Secretary of Homeland Security on 

3 June 15, 2012. 

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

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

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

7 12102(1)). 

8 (6) FEDERAL POVERTY LINE.—The term ‘‘Fed9 eral poverty line’’ has the meaning given such term 

10 in section 213A(h) of the Immigration and Nation11 ality Act (8 U.S.C. 1183a). 

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

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

14 the meanings given such terms in section 8101 of 

15 the Elementary and Secondary Education Act of 

16 1965 (20 U.S.C. 7801). 

17 (8) IMMIGRATION LAWS.—The term ‘‘immigra18 tion laws’’ has the meaning given such term in sec19 tion 101(a)(17) of the Immigration and Nationality 

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

21 (9) INSTITUTION OF HIGHER EDUCATION.—The 

22 term ‘‘institution of higher education’’— 

23 (A) except as provided in subparagraph 

24 (B), has the meaning given such term in section 
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1 102 of the Higher Education Act of 1965 (20 

2 U.S.C. 1002); and 

3 (B) does not include an institution of high4 er education outside of the United States. 

5 (10) RECOGNIZED POSTSECONDARY CREDEN6 TIAL.—The term ‘‘recognized postsecondary creden7 tial’’ has the meaning given such term in section 3 

8 of the Workforce Innovation and Opportunity Act 

9 (29 U.S.C. 3102). 

10 (11) SECRETARY.—Except as otherwise specifi11 cally provided, the term ‘‘Secretary’’ means the Sec12 retary of Homeland Security. 

13 (12) UNIFORMED SERVICES.—The term ‘‘Uni14 formed Services’’ has the meaning given the term 

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

16 United States Code. 

17 SEC. 122. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 

18 DATA; BACKGROUND CHECKS. 

19 (a) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC

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

21 of status under this title, on either a conditional or perma22 nent basis, unless the alien submits biometric and bio23 graphic data, in accordance with procedures established 

24 by the Secretary. The Secretary shall provide an alter25 native procedure for aliens who are unable to provide such 
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1 biometric or biographic data because of a physical impair2 ment. 

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

4 biometric, biographic, and other data that the Secretary 

5 determines appropriate to conduct security and law en6 forcement background checks and to determine whether 

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

8 that would render the alien ineligible for adjustment of 

9 status under this title, on either a conditional or perma10 nent basis. The status of an alien may not be adjusted, 

11 on either a conditional or permanent basis, unless security 

12 and law enforcement background checks are completed to 

13 the satisfaction of the Secretary. 

14 SEC. 123. LIMITATION ON REMOVAL; APPLICATION AND 

15 FEE EXEMPTION; WAIVER OF GROUNDS FOR 

16 INADMISSIBILITY AND OTHER CONDITIONS 

17 ON ELIGIBLE INDIVIDUALS. 

18 (a) LIMITATION ON REMOVAL.—An alien who ap19 pears to be prima facie eligible for relief under this title 

20 shall be given a reasonable opportunity to apply for such 

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

22 126(c), a final decision establishing ineligibility for relief 

23 is rendered. 

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

25 States who has been ordered removed or has been per-
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1 mitted to depart voluntarily from the United States may, 

2 notwithstanding such order or permission to depart, apply 

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

4 not be required to file a separate motion to reopen, recon5 sider, or vacate the order of removal. If the Secretary ap6 proves the application, the Secretary shall cancel the order 

7 of removal. If the Secretary renders a final administrative 

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

9 permission to depart shall be effective and enforceable to 

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

11 only after all available administrative and judicial rem12 edies have been exhausted. 

13 (c) FEE EXEMPTION.—An applicant may be exempt14 ed from paying an application fee required under this title 

15 if the applicant— 

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

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

18 period immediately preceding the date on which the 

19 applicant files an application under this title, that is 

20 less than 150 percent of the Federal poverty line; 

21 (3) is in foster care or otherwise lacks any pa22 rental or other familial support; or 

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

24 a serious, chronic disability. 
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1 (d) WAIVER OF GROUNDS OF INADMISSIBILITY.— 

2 With respect to any benefit under this title, and in addi3 tion to the waivers under section 111(c)(2), the Secretary 

4 may waive the grounds of inadmissibility under paragraph 

5 (1), (6)(E), (6)(G), or (10)(D) of section 212(a) of the 

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

7 humanitarian purposes, for family unity, or because the 

8 waiver is otherwise in the public interest. 

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

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

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

12 the Secretary makes a final decision regarding such appli13 cation, the alien shall be eligible to apply for advance pa14 role. Section 101(g) of the Immigration and Nationality 

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

16 advance parole under this section. 

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

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

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

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

21 Secretary, be granted an employment authorization docu22 ment. 
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1 SEC. 124. DETERMINATION OF CONTINUOUS PRESENCE 

2 AND RESIDENCE. 

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

4 continuous physical presence or continuous residence in 

5 the United States of an alien who applies for permanent 

6 resident status under this title (whether on a conditional 

7 basis or without the conditional basis as provided in sec8 tion 113(c)(2)) shall not terminate when the alien is 

9 served a notice to appear under section 239(a) of the Im10 migration and Nationality Act (8 U.S.C. 1229(a)). 

11 (b) TREATMENT OF CERTAIN BREAKS IN PRESENCE

12 OR RESIDENCE.— 

13 (1) IN GENERAL.—Except as provided in para14 graphs (2) and (3), an alien shall be considered to 

15 have failed to maintain— 

16 (A) continuous physical presence in the 

17 United States under this title if the alien has 

18 departed from the United States for any period 

19 exceeding 90 days or for any periods, in the ag20 gregate, exceeding 180 days; and 

21 (B) continuous residence in the United 

22 States under this title if the alien has departed 

23 from the United States for any period exceeding 

24 180 days, unless the alien establishes to the 

25 satisfaction of the Secretary of Homeland Secu-
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1 rity that the alien did not in fact abandon resi2 dence in the United States during such period. 

3 (2) EXTENSIONS FOR EXTENUATING CIR4 CUMSTANCES.—The Secretary may extend the time 

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

6 demonstrates that the failure to timely return to the 

7 United States was due to extenuating circumstances 

8 beyond the alien’s control, including the serious ill9 ness of the alien, or death or serious illness of a par10 ent, grandparent, sibling, or child of the alien. 

11 (3) TRAVEL AUTHORIZED BY THE SEC12 RETARY.—Any period of travel outside of the United 

13 States by an alien that was authorized by the Sec14 retary may not be counted toward any period of de15 parture from the United States under paragraph 

16 (1). 

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

18 to aliens who were removed or departed the United States 

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

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

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

22 as a matter of discretion, waive the physical presence re23 quirement under section 111(b)(1)(A) for humanitarian 

24 purposes, for family unity, or because a waiver is other25 wise in the public interest. The Secretary, in consultation 
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1 with the Secretary of State, shall establish a procedure 

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

3 outside the United States if they would have been eligible 

4 for relief under such section, but for their removal or de5 parture. 

6 SEC. 125. EXEMPTION FROM NUMERICAL LIMITATIONS. 

7 Nothing in this title or in any other law may be con8 strued to apply a numerical limitation on the number of 

9 aliens who may be granted permanent resident status 

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

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

12 SEC. 126. AVAILABILITY OF ADMINISTRATIVE AND JUDI13 CIAL REVIEW. 

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

15 days after the date of the enactment of this Act, the Sec16 retary shall provide to aliens who have applied for adjust17 ment of status under this title a process by which an appli18 cant may seek administrative appellate review of a denial 

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

20 of such status. 

21 (b) JUDICIAL REVIEW.—Except as provided in sub22 section (c), and notwithstanding any other provision of 

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

24 application for adjustment of status, or a revocation of 
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1 such status, under this title in an appropriate United 

2 States district court. 

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

4 (1) IN GENERAL.—Notwithstanding any other 

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

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

7 provisionally denies an application for adjustment of 

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

9 from the date of the Secretary’s determination to 

10 seek review of such determination in an appropriate 

11 United States district court. 

12 (2) SCOPE OF REVIEW AND DECISION.—Not13 withstanding any other provision of law, review 

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

15 solely on the administrative record, except that the 

16 applicant shall be given the opportunity to supple17 ment the administrative record and the Secretary 

18 shall be given the opportunity to rebut the evidence 

19 and arguments raised in such submission. Upon 

20 issuing its decision, the court shall remand the mat21 ter, with appropriate instructions, to the Depart22 ment of Homeland Security to render a final deci23 sion on the application. 

24 (3) APPOINTED COUNSEL.—Notwithstanding 

25 any other provision of law, an applicant seeking ju-
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1 dicial review under paragraph (1) shall be rep2 resented by counsel. Upon the request of the appli3 cant, counsel shall be appointed for the applicant, in 

4 accordance with procedures to be established by the 

5 Attorney General within 90 days of the date of the 

6 enactment of this Act, and shall be funded in ac7 cordance with fees collected and deposited in the Im8 migration Counsel Account under section 132. 

9 (d) STAY OF REMOVAL.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2), an alien seeking administrative or judicial 

12 review under this title may not be removed from the 

13 United States until a final decision is rendered es14 tablishing that the alien is ineligible for adjustment 

15 of status under this title. 

16 (2) EXCEPTION.—The Secretary may remove 

17 an alien described in paragraph (1) pending judicial 

18 review if such removal is based on criminal or na19 tional security grounds described in this title. Such 

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

21 review under this title. The Secretary shall promptly 

22 return a removed alien if a decision to deny an ap23 plication for adjustment of status under this title, or 

24 to revoke such status, is reversed. 
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1 SEC. 127. DOCUMENTATION REQUIREMENTS. 

2 (a) DOCUMENTS ESTABLISHING IDENTITY.—An 

3 alien’s application for permanent resident status under 

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

5 conditional basis as provided in section 113(c)(2)) may in6 clude, as evidence of identity, the following: 

7 (1) A passport or national identity document 

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

9 alien’s name and the alien’s photograph or finger10 print. 

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

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

13 (3) A school identification card that includes 

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

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

16 was enrolled at the school. 

17 (4) A Uniformed Services identification card 

18 issued by the Department of Defense. 

19 (5) Any immigration or other document issued 

20 by the United States Government bearing the alien’s 

21 name and photograph. 

22 (6) A State-issued identification card bearing 

23 the alien’s name and photograph. 

24 (7) Any other evidence determined to be cred25 ible by the Secretary. 
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1 (b) DOCUMENTS ESTABLISHING ENTRY, CONTIN2 UOUS PHYSICAL PRESENCE, LACK OF ABANDONMENT OF

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

4 18 years of age on the date on which the alien entered 

5 the United States, and has continuously resided in the 

6 United States since such entry, as required under section 

7 111(b)(1)(B), that an alien has been continuously phys8 ically present in the United States, as required under sec9 tion 111(b)(1)(A), or that an alien has not abandoned res10 idence in the United States, as required under section 

11 113(a)(1)(B), the alien may submit the following forms 

12 of evidence: 

13 (1) Passport entries, including admission 

14 stamps on the alien’s passport. 

15 (2) Any document from the Department of Jus16 tice or the Department of Homeland Security noting 

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

18 (3) Records from any educational institution 

19 the alien has attended in the United States. 

20 (4) Employment records of the alien that in21 clude the employer’s name and contact information, 

22 or other records demonstrating earned income. 

23 (5) Records of service from the Uniformed 

24 Services. 
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1 (6) Official records from a religious entity con2 firming the alien’s participation in a religious cere3 mony. 

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

5 in the United States. 

6 (8) Hospital or medical records showing med7 ical treatment or hospitalization, the name of the 

8 medical facility or physician, and the date of the 

9 treatment or hospitalization. 

10 (9) Automobile license receipts or registration. 

11 (10) Deeds, mortgages, or rental agreement 

12 contracts. 

13 (11) Rent receipts or utility bills bearing the 

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

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

16 (12) Tax receipts. 

17 (13) Insurance policies. 

18 (14) Remittance records, including copies of 

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

20 (15) Travel records. 

21 (16) Dated bank transactions. 

22 (17) Two or more sworn affidavits from individ23 uals who are not related to the alien who have direct 

24 knowledge of the alien’s continuous physical pres25 ence in the United States, that contain— 
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1 (A) the name, address, and telephone num2 ber of the affiant; and 

3 (B) the nature and duration of the rela4 tionship between the affiant and the alien. 

5 (18) Any other evidence determined to be cred6 ible by the Secretary. 

7 (c) DOCUMENTS ESTABLISHING ADMISSION TO AN

8 INSTITUTION OF HIGHER EDUCATION.—To establish that 

9 an alien has been admitted to an institution of higher edu10 cation, the alien may submit to the Secretary a document 

11 from the institution of higher education certifying that the 

12 alien— 

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

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

15 student. 

16 (d) DOCUMENTS ESTABLISHING RECEIPT OF A DE17 GREE FROM AN INSTITUTION OF HIGHER EDUCATION.— 

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

19 institution of higher education in the United States, the 

20 alien may submit to the Secretary a diploma or other doc21 ument from the institution stating that the alien has re22 ceived such a degree. 

23 (e) DOCUMENTS ESTABLISHING RECEIPT OF A HIGH

24 SCHOOL DIPLOMA, GENERAL EDUCATIONAL DEVELOP25 MENT CREDENTIAL, OR A RECOGNIZED EQUIVALENT.— 
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1 To establish that in the United States an alien has earned 

2 a high school diploma or a commensurate alternative 

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

4 the General Education Development credential, or other5 wise has satisfied section 111(b)(1)(D)(iii), the alien may 

6 submit to the Secretary the following: 

7 (1) A high school diploma, certificate of comple8 tion, or other alternate award. 

9 (2) A high school equivalency diploma or certifi10 cate recognized under State law. 

11 (3) Evidence that the alien passed a State-au12 thorized exam, including the General Education De13 velopment test, in the United States. 

14 (4) Evidence that the alien successfully com15 pleted an area career and technical education pro16 gram, such as a certification, certificate, or similar 

17 alternate award. 

18 (5) Evidence that the alien obtained a recog19 nized postsecondary credential. 

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

22 (f) DOCUMENTS ESTABLISHING ENROLLMENT IN AN

23 EDUCATIONAL PROGRAM.—To establish that an alien is 

24 enrolled in any school or education program described in 

25 section 111(b)(1)(D)(iv) or 113(a)(1)(C), the alien may 
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1 submit school records from the United States school that 

2 the alien is currently attending that include— 

3 (1) the name of the school; and 

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

5 current grade or educational level. 

6 (g) DOCUMENTS ESTABLISHING EXEMPTION FROM

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

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

9 may submit to the Secretary the following relevant docu10 ments: 

11 (1) DOCUMENTS TO ESTABLISH AGE.—To es12 tablish that an alien meets an age requirement, the 

13 alien may provide proof of identity, as described in 

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

15 younger than 18 years of age. 

16 (2) DOCUMENTS TO ESTABLISH INCOME.—To 

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

18 (A) employment records or other records of 

19 earned income, including records that have been 

20 maintained by the Social Security Administra21 tion, the Internal Revenue Service, or any other 

22 Federal, State, or local government agency; 

23 (B) bank records; or 

24 (C) at least two sworn affidavits from indi25 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 (h) DOCUMENTS ESTABLISHING QUALIFICATION FOR

25 HARDSHIP EXEMPTION.—To establish that an alien satis-
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1 fies one of the criteria for the hardship exemption set forth 

2 in section 113(a)(2)(C), the alien may submit to the Sec3 retary at least two sworn affidavits from individuals who 

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

5 of the circumstances that warrant the exemption, that 

6 contain— 

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

8 the affiant; and 

9 (2) the nature and duration of the relationship 

10 between the affiant and the alien. 

11 (i) DOCUMENTS ESTABLISHING SERVICE IN THE

12 UNIFORMED SERVICES.—To establish that an alien has 

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

14 if discharged, received an honorable discharge, the alien 

15 may submit to the Secretary— 

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

17 (2) a National Guard Report of Separation and 

18 Record of Service form 22; 

19 (3) personnel records for such service from the 

20 appropriate Uniformed Service; or 

21 (4) health records from the appropriate Uni22 formed Service. 

23 (j) DOCUMENTS ESTABLISHING EARNED INCOME.— 
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1 (1) IN GENERAL.—An alien may satisfy the 

2 earned income requirement under section 

3 113(a)(1)(C)(iii) by submitting records that— 

4 (A) establish compliance with such require5 ment; and 

6 (B) have been maintained by the Social Se7 curity Administration, the Internal Revenue 

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

9 government agency. 

10 (2) OTHER DOCUMENTS.—An alien who is un11 able to submit the records described in paragraph 

12 (1) may satisfy the earned income requirement by 

13 submitting at least two types of reliable documents 

14 that provide evidence of employment or other forms 

15 of earned income, including— 

16 (A) bank records; 

17 (B) business records; 

18 (C) employer or contractor records; 

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

20 center, or organization that assists workers in 

21 employment; 

22 (E) sworn affidavits from individuals who 

23 are not related to the alien and who have direct 

24 knowledge of the alien’s work, that contain— 
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1 (i) the name, address, and telephone 

2 number of the affiant; and 

3 (ii) the nature and duration of the re4 lationship between the affiant and the 

5 alien; 

6 (F) remittance records; or 

7 (G) any other evidence determined to be 

8 credible by the Secretary. 

9 (k) AUTHORITY TO PROHIBIT USE OF CERTAIN

10 DOCUMENTS.—If the Secretary determines, after publica11 tion in the Federal Register and an opportunity for public 

12 comment, that any document or class of documents does 

13 not reliably establish identity or that permanent resident 

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

15 without the conditional basis as provided in section 

16 113(c)(2)) is being obtained fraudulently to an unaccept17 able degree, the Secretary may prohibit or restrict the use 

18 of such document or class of documents. 

19 SEC. 128. RULE MAKING. 

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

21 date of the enactment of this Act, the Secretary shall pub22 lish in the Federal Register interim final rules imple23 menting this title, which shall allow eligible individuals to 

24 immediately apply for relief under section 111 or 

25 113(c)(2). Notwithstanding section 553 of title 5, United 
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1 States Code, the regulation shall be effective, on an in2 terim basis, immediately upon publication, but may be 

3 subject to change and revision after public notice and op4 portunity for a period of public comment. The Secretary 

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

6 date of publication. 

7 (b) PAPERWORK REDUCTION ACT.—The require8 ments under chapter 35 of title 44, United States Code, 

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

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

11 SEC. 129. CONFIDENTIALITY OF INFORMATION. 

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

13 or use information (including information provided during 

14 administrative or judicial review) provided in applications 

15 filed under this title or in requests for DACA for the pur16 pose of immigration enforcement. 

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

18 solely on information provided in an application for adjust19 ment of status under this title (including information pro20 vided during administrative or judicial review) or an appli21 cation for DACA, may not refer an applicant to U.S. Im22 migration and Customs Enforcement, U.S. Customs and 

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

24 (c) LIMITED EXCEPTION.—Notwithstanding sub25 sections (a) and (b), information provided in an applica-
46 

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1 tion for adjustment of status under this title may be 

2 shared with Federal security and law enforcement agen3 cies— 

4 (1) for assistance in the consideration of an ap5 plication for adjustment of status under this title; 

6 (2) to identify or prevent fraudulent claims; 

7 (3) for national security purposes; or 

8 (4) for the investigation or prosecution of any 

9 felony offense not related to immigration status. 

10 (d) PENALTY.—Any person who knowingly uses, pub11 lishes, or permits information to be examined in violation 

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

13 SEC. 130. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI14 CANTS. 

15 (a) ESTABLISHMENT.—The Secretary of Homeland 

16 Security shall establish, within U.S. Citizenship and Immi17 gration Services, a program to award grants, on a com18 petitive basis, to eligible nonprofit organizations that will 

19 use the funding to assist eligible applicants under this title 

20 by providing them with the services described in sub21 section (b). 

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

23 this section shall be used for the design and implementa24 tion of programs that provide— 
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1 (1) information to the public regarding the eli2 gibility and benefits of permanent resident status 

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

4 without the conditional basis as provided in section 

5 113(c)(2)), particularly to individuals potentially eli6 gible for such status; 

7 (2) assistance, within the scope of authorized 

8 practice of immigration law, to individuals submit9 ting applications for adjustment of status under this 

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

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

12 including— 

13 (A) screening prospective applicants to as14 sess their eligibility for such status; 

15 (B) completing applications and petitions, 

16 including providing assistance in obtaining the 

17 requisite documents and supporting evidence; 

18 and 

19 (C) providing any other assistance that the 

20 Secretary or grantee considers useful or nec21 essary to apply for adjustment of status under 

22 this title (whether on a conditional basis, or 

23 without the conditional basis as provided in sec24 tion 113(c)(2)); and 
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1 (3) assistance, within the scope of authorized 

2 practice of immigration law, and instruction, to indi3 viduals— 

4 (A) on the rights and responsibilities of 

5 United States citizenship; 

6 (B) in civics and English as a second lan7 guage; 

8 (C) in preparation for the General Edu9 cation Development test; and 

10 (D) in applying for adjustment of status 

11 and United States citizenship. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.— 

13 (1) AMOUNTS AUTHORIZED.—There are author14 ized to be appropriated such sums as may be nec15 essary for each of the fiscal years 2020 through 

16 2030 to carry out this section. 

17 (2) AVAILABILITY.—Any amounts appropriated 

18 pursuant to paragraph (1) shall remain available 

19 until expended. 

20 SEC. 131. PROVISIONS AFFECTING ELIGIBILITY FOR AD21 JUSTMENT OF STATUS. 

22 An alien’s eligibility to be lawfully admitted for per23 manent residence under this title (whether on a condi24 tional basis, or without the conditional basis as provided 

25 in section 113(c)(2)) shall not preclude the alien from 
49 

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1 seeking any status under any other provision of law for 

2 which the alien may otherwise be eligible. 

3 SEC. 132. SUPPLEMENTARY SURCHARGE FOR APPOINTED 

4 COUNSEL. 

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

6 and in cases where the applicant is exempt from paying 

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

8 charged pursuant to this title, an additional surcharge of 

9 $25 shall be imposed and collected for the purpose of pro10 viding appointed counsel to applicants seeking judicial re11 view of the Secretary’s decision to provisionally deny an 

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

13 (b) IMMIGRATION COUNSEL ACCOUNT.—There is es14 tablished in the general fund of the Treasury a separate 

15 account which shall be known as the ‘‘Immigration Coun16 sel Account’’. Fees collected under subsection (a) shall be 

17 deposited into the Immigration Counsel Account and shall 

18 to remain available until expended for purposes of pro19 viding appointed counsel as required under this title. 

20 (c) REPORT.—At the end of each 2-year period, be21 ginning with the establishment of this account, the Sec22 retary of Homeland Security shall submit a report to the 

23 Congress concerning the status of the account, including 

24 any balances therein, and recommend any adjustment in 

25 the prescribed fee that may be required to ensure that the 
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1 receipts collected from the fee charged for the succeeding 

2 two years equal, as closely as possible, the cost of pro3 viding appointed counsel as required under this title. 

4 SEC. 133. ANNUAL REPORT ON PROVISIONAL DENIAL AU5 THORITY. 

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

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

8 Homeland Security shall submit to the Congress a report 

9 detailing the number of applicants that receive— 

10 (1) a provisional denial under this title; 

11 (2) a final denial under this title without seek12 ing judicial review; 

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

14 judicial review; and 

15 (4) an approval under this title after seeking ju16 dicial review. 

17 TITLE II—AMERICAN PROMISE 

18 ACT 

19 SEC. 201. SHORT TITLE. 

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

21 of 2019’’. 
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1 Subtitle A—Treatment of Certain 

2 Nationals of Certain Countries 

3 Designated for Temporary Pro4 tected Status or Deferred En5 forced Departure 

6 SEC. 211. ADJUSTMENT OF STATUS FOR CERTAIN NATION7 ALS OF CERTAIN COUNTRIES DESIGNATED 

8 FOR TEMPORARY PROTECTED STATUS OR 

9 DEFERRED ENFORCED DEPARTURE. 

10 (a) IN GENERAL.—Notwithstanding any other provi11 sion of law, the Secretary or the Attorney General shall 

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

13 lawfully admitted for permanent residence, an alien de14 scribed in subsection (b) if the alien— 

15 (1) applies for such adjustment, including sub16 mitting any required documents under section 227, 

17 not later than 3 years after the date of the enact18 ment of this Act; 

19 (2) has been continuously physically present in 

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

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

22 and 

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

24 (2), (3), (6)(D), (6)(E), (6)(F), (6)(G), (8), or (10) 
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1 of section 212(a) of the Immigration and Nationality 

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

3 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA4 TUS.—An alien shall be eligible for adjustment of status 

5 under this section if the alien is an individual— 

6 (1) who— 

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

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

9 nationality, is a person who last habitually re10 sided in such state) with a designation under 

11 subsection (b) of section 244 of the Immigra12 tion and Nationality Act (8 U.S.C. 1254a(b)) 

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

14 eligible for temporary protected status on such 

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

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

17 (B) has not engaged in conduct since such 

18 date that would render the alien ineligible for 

19 temporary protected status under section 

20 244(c)(2) of the Immigration and Nationality 

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

22 (2) who was eligible for Deferred Enforced De23 parture as of January 1, 2017, and has not engaged 

24 in conduct since that date that would render the 

25 alien ineligible for Deferred Enforced Departure. 
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1 (c) APPLICATION.— 

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

3 exemption under section 223(c), require an alien ap4 plying for adjustment of status under this section to 

5 pay a reasonable fee that is commensurate with the 

6 cost of processing the application, but does not ex7 ceed $1,140. 

8 (2) BACKGROUND CHECKS.—The Secretary 

9 may not grant an alien permanent resident status on 

10 a conditional basis under this section until the re11 quirements of section 222 are satisfied. 

12 (3) WITHDRAWAL OF APPLICATION.—The Sec13 retary of Homeland Security shall, upon receipt of 

14 a request to withdraw an application for adjustment 

15 of status under this section, cease processing of the 

16 application and close the case. Withdrawal of the ap17 plication under this subsection shall not prejudice 

18 any future application filed by the applicant for any 

19 immigration benefit under this title or under the Im20 migration and Nationality Act (8 U.S.C. 1101 et 

21 seq.). 

22 Subtitle B—General Provisions 

23 SEC. 221. DEFINITIONS. 

24 (a) IN GENERAL.—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) DISABILITY.—The term ‘‘disability’’ has the 

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

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

8 12102(1)). 

9 (3) FEDERAL POVERTY LINE.—The term ‘‘Fed10 eral poverty line’’ has the meaning given such term 

11 in section 213A(h) of the Immigration and Nation12 ality Act (8 U.S.C. 1183a). 

13 (4) IMMIGRATION LAWS.—The term ‘‘immigra14 tion laws’’ has the meaning given such term in sec15 tion 101(a)(17) of the Immigration and Nationality 

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

17 (5) SECRETARY.—Except as otherwise specifi18 cally provided, the term ‘‘Secretary’’ means the Sec19 retary of Homeland Security. 

20 (6) UNIFORMED SERVICES.—The term ‘‘Uni21 formed Services’’ has the meaning given the term 

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

23 United States Code. 

24 (b) TREATMENT OF EXPUNGED CONVICTIONS.—For 

25 purposes of adjustment of status under this title, the 
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1 terms ‘‘convicted’’ and ‘‘conviction’’, as used in sections 

2 212 and 244 of the Immigration and Nationality Act (8 

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

4 been expunged or set aside, that resulted in a rehabilita5 tive disposition, or the equivalent. 

6 SEC. 222. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 

7 DATA; BACKGROUND CHECKS. 

8 (a) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC

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

10 of status under this title unless the alien submits biometric 

11 and biographic data, in accordance with procedures estab12 lished by the Secretary. The Secretary shall provide an 

13 alternative procedure for aliens who are unable to provide 

14 such biometric or biographic data because of a physical 

15 impairment. 

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

17 biometric, biographic, and other data that the Secretary 

18 determines appropriate to conduct security and law en19 forcement background checks and to determine whether 

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

21 that would render the alien ineligible for adjustment of 

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

23 be adjusted unless security and law enforcement back24 ground checks are completed to the satisfaction of the Sec25 retary. 
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1 SEC. 223. LIMITATION ON REMOVAL; APPLICATION AND 

2 FEE EXEMPTION; WAIVER OF GROUNDS FOR 

3 INADMISSIBILITY AND OTHER CONDITIONS 

4 ON ELIGIBLE INDIVIDUALS. 

5 (a) LIMITATION ON REMOVAL.—An alien who ap6 pears to be prima facie eligible for relief under this title 

7 shall be given a reasonable opportunity to apply for such 

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

9 226(c), a final decision establishing ineligibility for relief 

10 is rendered. 

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

12 States who has been ordered removed or has been per13 mitted to depart voluntarily from the United States may, 

14 notwithstanding such order or permission to depart, apply 

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

16 not be required to file a separate motion to reopen, recon17 sider, or vacate the order of removal. If the Secretary ap18 proves the application, the Secretary shall cancel the order 

19 of removal. If the Secretary renders a final administrative 

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

21 permission to depart shall be effective and enforceable to 

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

23 only after all available administrative and judicial rem24 edies have been exhausted. 
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1 (c) FEE EXEMPTION.—An applicant may be exempt2 ed from paying an application fee required under this title 

3 if the applicant— 

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

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

6 period immediately preceding the date on which the 

7 applicant files an application under this title, that is 

8 less than 150 percent of the Federal poverty line; 

9 (3) is in foster care or otherwise lacks any pa10 rental or other familial support; or 

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

12 a serious, chronic disability. 

13 (d) WAIVER OF GROUNDS OF INADMISSIBILITY.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), with respect to any benefit under this 

16 title, and in addition to any waivers that are other17 wise available, the Secretary may waive the grounds 

18 of inadmissibility under paragraph (1), subpara19 graphs (A), (C), and (D) of paragraph (2), subpara20 graphs (D) through (G) of paragraph (6), or para21 graph (10)(D) of section 212(a) of the Immigration 

22 and Nationality Act (8 U.S.C. 1182(a)) for humani23 tarian purposes, for family unity, or because the 

24 waiver is otherwise in the public interest. 
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1 (2) EXCEPTION.—The Secretary may not waive 

2 a ground described in paragraph (1) if such inad3 missibility is based on a conviction or convictions, 

4 and such conviction or convictions would otherwise 

5 render the alien ineligible under section 

6 244(c)(2)(B) of the Immigration and Nationality 

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

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

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

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

11 the Secretary makes a final decision regarding such appli12 cation, the alien shall be eligible to apply for advance pa13 role. Section 101(g) of the Immigration and Nationality 

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

15 advance parole under this section. 

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

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

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

19 be granted an employment authorization document. 

20 SEC. 224. DETERMINATION OF CONTINUOUS PRESENCE. 

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

22 continuous physical presence in the United States of an 

23 alien who applies for adjustment of status under this title 

24 shall not terminate when the alien is served a notice to 
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1 appear under section 239(a) of the Immigration and Na2 tionality Act (8 U.S.C. 1229(a)). 

3 (b) TREATMENT OF CERTAIN BREAKS IN PRES4 ENCE.— 

5 (1) IN GENERAL.—Except as provided in para6 graphs (2) and (3), an alien shall be considered to 

7 have failed to maintain continuous physical presence 

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

9 departed from the United States for any period ex10 ceeding 90 days or for any periods, in the aggregate, 

11 exceeding 180 days. 

12 (2) EXTENSIONS FOR EXTENUATING CIR13 CUMSTANCES.—The Secretary may extend the time 

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

15 demonstrates that the failure to timely return to the 

16 United States was due to extenuating circumstances 

17 beyond the alien’s control, including the serious ill18 ness of the alien, or death or serious illness of a par19 ent, grandparent, sibling, or child of the alien. 

20 (3) TRAVEL AUTHORIZED BY THE SEC21 RETARY.—Any period of travel outside of the United 

22 States by an alien that was authorized by the Sec23 retary may not be counted toward any period of de24 parture from the United States under paragraph 

25 (1). 
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1 (c) WAIVER OF PHYSICAL PRESENCE.—With respect 

2 to aliens who were removed or departed the United States 

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

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

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

6 as a matter of discretion, waive the physical presence re7 quirement under section 211(a)(2) for humanitarian pur8 poses, for family unity, or because a waiver is otherwise 

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

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

11 aliens to apply for relief under section 211 from outside 

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

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

14 SEC. 225. EXEMPTION FROM NUMERICAL LIMITATIONS. 

15 Nothing in this title or in any other law may be con16 strued to apply a numerical limitation on the number of 

17 aliens who may be granted permanent resident status 

18 under this title. 

19 SEC. 226. AVAILABILITY OF ADMINISTRATIVE AND JUDI20 CIAL REVIEW. 

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

22 days after the date of the enactment of this Act, the Sec23 retary shall provide to aliens who have applied for adjust24 ment of status under this title a process by which an appli25 cant may seek administrative appellate review of a denial 
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1 of an application for adjustment of status, or a revocation 

2 of such status. 

3 (b) JUDICIAL REVIEW.—Notwithstanding any other 

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

5 denial of an application for adjustment of status, or a rev6 ocation of such status, under this title in the United 

7 States district court with jurisdiction over the alien’s resi8 dence. 

9 (c) STAY OF REMOVAL.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2), an alien seeking administrative or judicial 

12 review under this title may not be removed from the 

13 United States until a final decision is rendered es14 tablishing that the alien is ineligible for adjustment 

15 of status under this title. 

16 (2) EXCEPTION.—The Secretary may remove 

17 an alien described in paragraph (1) pending judicial 

18 review if such removal is based on criminal or na19 tional security grounds. Such removal does not af20 fect the alien’s right to judicial review under this 

21 title. The Secretary shall promptly return a removed 

22 alien if a decision to deny an application for adjust23 ment of status under this title, or to revoke such 

24 status, is reversed. 
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1 SEC. 227. DOCUMENTATION REQUIREMENTS. 

2 (a) DOCUMENTS ESTABLISHING IDENTITY.—An 

3 alien’s application for permanent resident status under 

4 this title may include, as evidence of identity, the fol5 lowing: 

6 (1) A passport or national identity document 

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

8 alien’s name and the alien’s photograph or finger9 print. 

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

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

12 (3) A school identification card that includes 

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

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

15 was enrolled at the school. 

16 (4) A Uniformed Services identification card 

17 issued by the Department of Defense. 

18 (5) Any immigration or other document issued 

19 by the United States Government bearing the alien’s 

20 name and photograph. 

21 (6) A State-issued identification card bearing 

22 the alien’s name and photograph. 

23 (7) Any other evidence determined to be cred24 ible by the Secretary. 

25 (b) DOCUMENTS ESTABLISHING CONTINUOUS PHYS26 ICAL PRESENCE.—An alien’s application for permanent 
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1 resident status under this title may include, as evidence 

2 that the alien has been continuously physically present in 

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

4 the following: 

5 (1) Passport entries, including admission 

6 stamps on the alien’s passport. 

7 (2) Any document from the Department of Jus8 tice or the Department of Homeland Security noting 

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

10 (3) Records from any educational institution 

11 the alien has attended in the United States. 

12 (4) Employment records of the alien that in13 clude the employer’s name and contact information. 

14 (5) Records of service from the Uniformed 

15 Services. 

16 (6) Official records from a religious entity con17 firming the alien’s participation in a religious cere18 mony. 

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

20 in the United States. 

21 (8) Hospital or medical records showing med22 ical treatment or hospitalization, the name of the 

23 medical facility or physician, and the date of the 

24 treatment or hospitalization. 

25 (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 EXEMPTION FROM

23 APPLICATION FEES.—An alien’s application for perma24 nent resident status under this title may include, as evi-
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1 dence that the alien is exempt from an application fee 

2 under section 223(c), the following: 

3 (1) DOCUMENTS TO ESTABLISH AGE.—To es4 tablish that an alien meets an age requirement, the 

5 alien may provide proof of identity, as described in 

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

7 younger than 18 years of age. 

8 (2) DOCUMENTS TO ESTABLISH INCOME.—To 

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

10 (A) employment records or other records of 

11 earned income, including records that have been 

12 maintained by the Social Security Administra13 tion, the Internal Revenue Service, or any other 

14 Federal, State, or local government agency; 

15 (B) bank records; or 

16 (C) at least two sworn affidavits from indi17 viduals who are not related to the alien and 

18 who have direct knowledge of the alien’s work 

19 and income that contain— 

20 (i) the name, address, and telephone 

21 number of the affiant; and 

22 (ii) the nature and duration of the re23 lationship between the affiant and the 

24 alien. 
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1 (3) DOCUMENTS TO ESTABLISH FOSTER CARE, 

2 LACK OF FAMILIAL SUPPORT, OR SERIOUS, CHRONIC

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

4 care, lacks parental or familial support, or has a se5 rious, chronic disability, the alien may provide at 

6 least two sworn affidavits from individuals who are 

7 not related to the alien and who have direct knowl8 edge of the circumstances that contain— 

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

10 care, otherwise lacks any parental or other fa11 miliar support, or has a serious, chronic dis12 ability, as appropriate; 

13 (B) the name, address, and telephone num14 ber of the affiant; and 

15 (C) the nature and duration of the rela16 tionship between the affiant and the alien. 

17 (d) AUTHORITY TO PROHIBIT USE OF CERTAIN DOC18 UMENTS.—If the Secretary determines, after publication 

19 in the Federal Register and an opportunity for public com20 ment, that any document or class of documents does not 

21 reliably establish identity or that permanent resident sta22 tus under this title is being obtained fraudulently to an 

23 unacceptable degree, the Secretary may prohibit or re24 strict the use of such document or class of documents. 
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1 SEC. 228. RULE MAKING. 

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

3 date of the enactment of this Act, the Secretary shall pub4 lish in the Federal Register interim final rules imple5 menting this title, which shall allow eligible individuals to 

6 immediately apply for relief under section 211. Notwith7 standing section 553 of title 5, United States Code, the 

8 regulation shall be effective, on an interim basis, imme9 diately upon publication, but may be subject to change and 

10 revision after public notice and opportunity for a period 

11 of public comment. The Secretary shall finalize such rules 

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

13 (b) PAPERWORK REDUCTION ACT.—The require14 ments under chapter 35 of title 44, United States Code, 

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

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

17 SEC. 229. CONFIDENTIALITY OF INFORMATION. 

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

19 or use information provided in applications filed under this 

20 title (including information provided during administrative 

21 or judicial review) for the purpose of immigration enforce22 ment. 

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

24 solely on information provided in an application for adjust25 ment of status under this title (including information pro26 vided during administrative or judicial review), may not 
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1 refer an applicant to U.S. Immigration and Customs En2 forcement, U.S. Customs and Border Protection, or any 

3 designee of either such entity. 

4 (c) LIMITED EXCEPTION.—Notwithstanding sub5 sections (a) and (b), information provided in an applica6 tion for adjustment of status under this title may be 

7 shared with Federal security and law enforcement agen8 cies— 

9 (1) for assistance in the consideration of an ap10 plication for adjustment of status under this title; 

11 (2) to identify or prevent fraudulent claims; 

12 (3) for national security purposes; or 

13 (4) for the investigation or prosecution of any 

14 felony not related to immigration status. 

15 (d) PENALTY.—Any person who knowingly uses, pub16 lishes, or permits information to be examined in violation 

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

18 SEC. 230. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI19 CANTS. 

20 (a) ESTABLISHMENT.—The Secretary of Homeland 

21 Security shall establish, within U.S. Citizenship and Immi22 gration Services, a program to award grants, on a com23 petitive basis, to eligible nonprofit organizations that will 

24 use the funding to assist eligible applicants under this title 
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1 by providing them with the services described in sub2 section (b). 

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

4 this section shall be used for the design and implementa5 tion of programs that provide— 

6 (1) information to the public regarding the eli7 gibility and benefits of permanent resident status 

8 under this title, particularly to individuals poten9 tially eligible for such status; 

10 (2) assistance, within the scope of authorized 

11 practice of immigration law, to individuals submit12 ting applications for adjustment of status under this 

13 title, including— 

14 (A) screening prospective applicants to as15 sess their eligibility for such status; 

16 (B) completing applications and petitions, 

17 including providing assistance in obtaining the 

18 requisite documents and supporting evidence; 

19 and 

20 (C) providing any other assistance that the 

21 Secretary or grantee considers useful or nec22 essary to apply for adjustment of status under 

23 this title; and 
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1 (3) assistance, within the scope of authorized 

2 practice of immigration law, and instruction, to indi3 viduals— 

4 (A) on the rights and responsibilities of 

5 United States citizenship; 

6 (B) in civics and English as a second lan7 guage; 

8 (C) in preparation for the General Edu9 cation Development test; and 

10 (D) in applying for adjustment of status 

11 and United States citizenship. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.— 

13 (1) AMOUNTS AUTHORIZED.—There are author14 ized to be appropriated such sums as may be nec15 essary for each of the fiscal years 2020 through 

16 2030 to carry out this section. 

17 (2) AVAILABILITY.—Any amounts appropriated 

18 pursuant to paragraph (1) shall remain available 

19 until expended. 

20 SEC. 231. PROVISIONS AFFECTING ELIGIBILITY FOR AD21 JUSTMENT OF STATUS. 

22 An alien’s eligibility to be lawfully admitted for per23 manent residence under this title shall not preclude the 
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1 alien from seeking any status under any other provision 

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

Passed the House of Representatives June 4, 2019. 

Attest: 

Clerk. 
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