I 

115TH CONGRESS 

2D SESSION H. R. 4873 

To authorize the cancellation of removal and adjustment of status of certain 

individuals who are long-term United States residents and who entered 

the United States as children, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 20, 2018 

Mr. ISSA introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To authorize the cancellation of removal and adjustment 

of status of certain individuals who are long-term United 

States residents and who entered the United States as 

children, 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. 

4 This Act may be cited as the ‘‘DACA Compromise 

5 Act of 2018’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) IN GENERAL.—Any term used in this Act 

2 that is used in the immigration laws (as defined in 

3 section 101(a)(17) of the Immigration and Nation4 ality Act (8 U.S.C. 1101(a)(17))) shall have the 

5 meaning given such term in the immigration laws. 

6 (2) DACA.—The term ‘‘DACA’’ means de7 ferred action granted to an alien pursuant to the 

8 Deferred Action for Childhood Arrivals program an9 nounced by President Obama on June 15, 2012. 

10 (3) 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 (4) POVERTY LINE.—The term ‘‘poverty line’’ 

15 has the meaning given such term in section 673 of 

16 the Community Services Block Grant Act (42 U.S.C. 

17 9902). 

18 (5) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Homeland Security. 

20 SEC. 3. PERMANENT RESIDENT STATUS FOR CERTAIN 

21 LONG-TERM RESIDENTS WHO ENTERED THE 

22 UNITED STATES AS CHILDREN. 

23 (a) IN GENERAL.—The Secretary shall cancel the re24 moval of, and adjust to the status of an alien lawfully ad25 mitted for permanent residence, an alien— 


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1 (1) who has been continuously present in the 

2 United States since June 15, 2012; 

3 (2) who was granted DACA, unless the alien 

4 has engaged in conduct since the alien was granted 

5 DACA that would have rendered the alien ineligible 

6 for DACA renewal under the Deferred Action for 

7 Childhood Arrivals program, as in effect before Sep8 tember 5, 2017; 

9 (3) who makes application for such adjustment 

10 not earlier than the date that is 2 years after the 

11 date on which the alien first was granted DACA; 

12 (4) otherwise satisfies the requirements of this 

13 section; and 

14 (5) to whom is available an immigrant visa pur15 suant to section 4. 

16 (b) PROCEDURES.— 

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

18 Security shall by rule establish a procedure allowing 

19 eligible individuals to apply for the relief available 

20 under this section without requiring placement in re21 moval proceedings and without requiring the imme22 diate availability of an immigrant visa pursuant to 

23 section 4. Such procedure shall provide for the abil24 ity of a minor to apply for such relief, including 

25 through a legal guardian or counsel. 


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1 (2) ALIENS SUBJECT TO REMOVAL.—The Sec2 retary shall provide a reasonable opportunity to 

3 apply for relief under this section to any alien who 

4 requests such an opportunity or who appears prima 

5 facie eligible for relief under this section if the alien 

6 is in removal proceedings, is the subject of a final 

7 removal order, or is the subject of a voluntary depar8 ture order. 

9 (c) APPLICATION FEE.— 

10 (1) IN GENERAL.—The Secretary may require 

11 an alien applying for permanent resident status 

12 under this section to pay a reasonable fee that is 

13 commensurate with the cost of processing the appli14 cation. 

15 (2) EXEMPTION.—An applicant may be exempt16 ed from paying the fee required under paragraph (1) 

17 if the alien— 

18 (A)(i) is younger than 18 years of age; 

19 (ii) received total income, during the 12- 

20 month period immediately preceding the date 

21 on which the alien files an application under 

22 this section, that is less than 150 percent of the 

23 poverty line; and 

24 (iii) is in foster care or otherwise lacking 

25 any parental or other familial support; 


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1 (B) is younger than 18 years of age and 

2 is homeless; 

3 (C)(i) cannot care for himself or herself be4 cause of a serious, chronic disability; and 

5 (ii) received total income, during the 12- 

6 month period immediately preceding the date 

7 on which the alien files an application under 

8 this section, that is less than 150 percent of the 

9 poverty line; or 

10 (D)(i) during the 12-month period imme11 diately preceding the date on which the alien 

12 files an application under this section, accumu13 lated $10,000 or more in debt as a result of un14 reimbursed medical expenses incurred by the 

15 alien or an immediate family member of the 

16 alien; and 

17 (ii) received total income, during the 12- 

18 month period immediately preceding the date 

19 on which the alien files an application under 

20 this section, that is less than 150 percent of the 

21 poverty line. 

22 (d) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC

23 DATA.—The Secretary may not grant an alien permanent 

24 resident status under this section unless the alien submits 

25 biometric and biographic data, in accordance with proceVerDate Sep 11 2014 23:33 Jan 21, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4873.IH H4873

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1 dures established by the Secretary. The Secretary shall 

2 provide an alternative procedure for aliens who are unable 

3 to provide such biometric or biographic data because of 

4 a physical impairment. 

5 (e) BACKGROUND CHECKS.— 

6 (1) REQUIREMENT FOR BACKGROUND

7 CHECKS.—The Secretary shall utilize biometric, bio8 graphic, and other data that the Secretary deter9 mines appropriate— 

10 (A) to conduct security and law enforce11 ment background checks of an alien seeking 

12 permanent resident status under this section; 

13 and 

14 (B) to determine whether there is any 

15 criminal, national security, or other factor that 

16 would render the alien ineligible for such status. 

17 (2) COMPLETION OF BACKGROUND CHECKS.— 

18 The security and law enforcement background 

19 checks of an alien required under subparagraph (A) 

20 shall be completed, to the satisfaction of the Sec21 retary, before the date on which the Secretary 

22 grants such alien permanent resident status under 

23 this section. 

24 (f) MEDICAL EXAMINATION.— 


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1 (1) REQUIREMENT.—An alien applying for per2 manent resident status under this section shall un3 dergo a medical examination. 

4 (2) POLICIES AND PROCEDURES.—The Sec5 retary, with the concurrence of the Secretary of 

6 Health and Human Services, shall prescribe policies 

7 and procedures for the nature and timing of the ex8 amination required under paragraph (1). 

9 (g) MILITARY SELECTIVE SERVICE.—An alien apply10 ing for permanent resident status under this section shall 

11 establish that the alien has registered under the Military 

12 Selective Service Act (50 U.S.C. 3801 et seq.), if the alien 

13 is subject to registration under such Act. 

14 (h) TREATMENT OF ALIENS PENDING GRANT OF

15 PERMANENT RESIDENCE.— 

16 (1) LIMITATION ON REMOVAL.—The Secretary 

17 or the Attorney General may not remove an alien 

18 who— 

19 (A) has pending an application for relief 

20 under this section and appears prima facie eli21 gible for such relief; 

22 (B) has an approved application for relief 

23 under this section and is awaiting the avail24 ability of an immigrant visa pursuant to section 

25 4; or 


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1 (C) is ineligible to apply for relief under 

2 this section solely due to the date limitation in 

3 subsection (a)(3). 

4 (2) PROVISIONAL PROTECTED STATUS.— 

5 (A) IN GENERAL.—In the case of an alien 

6 described in paragraph (1) whose DACA grant 

7 has ended, the Secretary shall grant provisional 

8 protected presence to the alien and shall pro9 vide the alien with employment authorization 

10 effective until the date on which— 

11 (i) the alien’s application for relief 

12 under this section is finally denied; or 

13 (ii) the Secretary cancels the removal 

14 of the alien and adjusts the status of the 

15 alien to that of an alien lawfully admitted 

16 for permanent residence. 

17 (B) STATUS DURING PERIOD OF PROVI18 SIONAL PROTECTED PRESENCE.—An alien 

19 granted provisional protected presence is not 

20 considered to be unlawfully present in the 

21 United States during the period beginning on 

22 the date such status is granted and ending on 

23 a date described in subparagraph (A), except 

24 that the Secretary may rescind an alien’s provi25 sional protected presence and employment auVerDate Sep 11 2014 23:33 Jan 21, 2018 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4873.IH H4873

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1 thorization under this paragraph if the Sec2 retary determines that the alien— 

3 (i) poses a threat to national security 

4 or a threat to public safety; 

5 (ii) has traveled outside of the United 

6 States without authorization from the Sec7 retary; or 

8 (iii) has ceased to be continuously 

9 present in the United States since June 

10 15, 2012. 

11 (i) TREATMENT OF CERTAIN BREAKS IN PRES12 ENCE.— 

13 (1) IN GENERAL.—An alien shall be considered 

14 to have failed to maintain continuous presence in the 

15 United States under subsections (a)(1) and 

16 (h)(2)(B)(iii) if the alien has departed from the 

17 United States for any period in excess of 90 days or 

18 for any periods in the aggregate exceeding 180 days, 

19 unless such departure was authorized by the Sec20 retary of Homeland Security. 

21 (2) EXCEPTION.—An alien who departed from 

22 the United States after the date of the enactment of 

23 this Act shall not be considered to have failed to 

24 maintain continuous presence in the United States if 

25 the alien’s absences from the United States are 


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1 brief, casual, and innocent, whether or not such ab2 sences were authorized by the Secretary. 

3 (3) EXTENSIONS FOR EXCEPTIONAL CIR4 CUMSTANCES.—The Secretary of Homeland Security 

5 may extend the time periods described in paragraph 

6 (1) if the alien demonstrates that the failure to time7 ly return to the United States was due to excep8 tional circumstances. Exceptional circumstances suf9 ficient to justify an extension may include the seri10 ous illness of the alien, or death or serious illness of 

11 a spouse, parent, grandparent, sibling, or child. 

12 SEC. 4. AVAILABILITY OF IMMIGRANT VISAS. 

13 (a) TEMPORARY REALLOCATION OF CERTAIN

14 VISAS.—Beginning in the first fiscal year in which an im15 migrant visa is needed under section 3(a)(5) for an alien 

16 who is the beneficiary of an approved application for relief 

17 under section 3, the visas described in subsection (b) that 

18 are otherwise available for the aliens described in such 

19 subsection shall be reallocated as necessary for purposes 

20 of making visas available under section 3(a)(5). 

21 (b) VISAS DESCRIBED.—For each fiscal year, the 

22 visas described in this subsection are the following: 

23 (1) Visas otherwise allotted to the brothers and 

24 sisters of citizens of the United States under section 


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1 203(a)(4) of the Immigration and Nationality Act (8 

2 U.S.C. 1153(a)(4)). 

3 (2) Visas otherwise allotted to diversity immi4 grants under section 203(c) of such Act (8 U.S.C. 

5 1153(c)), disregarding any visas necessary to offset 

6 adjustments of status under section 309 of the Ille7 gal Immigration Reform and Immigrant Responsi8 bility (8 U.S.C. 1101 note), as required by section 

9 203(d) of the Nicaraguan Adjustment and Central 

10 American Relief Act (8 U.S.C. 1151 note). 

11 (3) One half of the visas otherwise allotted to 

12 married sons and married daughters of citizens of 

13 the United States under section 203(a)(3) of the Im14 migration and Nationality Act (8 U.S.C. 

15 1153(a)(3)). 

16 (4) One half of the visas otherwise allotted to 

17 skilled workers, professionals, and other workers 

18 under section 203(b)(3) of the Immigration and Na19 tionality Act (8 U.S.C. 1153(b)(3)), disregarding 

20 any visas necessary to offset adjustments of status 

21 under section 309 of the Illegal Immigration Reform 

22 and Immigrant Responsibility (8 U.S.C. 1101 note), 

23 as required by section 203(e) of the Nicaraguan Ad24 justment and Central American Relief Act (8 U.S.C. 

25 1151 note). 


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1 (c) TERMINATION.—In no case shall the total number 

2 of visas reallocated under subsection (a) exceed the total 

3 number of aliens who have had an application approved 

4 under section 3. 

Æ 


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