I 

112TH CONGRESS 

1ST SESSION H. R. 1842 

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

alien students who are long-term United States residents and who entered the United States as children, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2011 

Mr. BERMAN (for himself, Ms. ROS-LEHTINEN, and Ms. ROYBAL-ALLARD) introduced the following bill; which was referred to the Committee on the 

Judiciary, and in addition to the Committees on Education and the 

Workforce and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To authorize the cancellation of removal and adjustment 

of status of certain alien students 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 ‘‘Development, Relief, 

5 and Education for Alien Minors Act of 2011’’ or the 

6 ‘‘DREAM Act of 2011’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) IN GENERAL.—Except as otherwise specifi4 cally provided, a term used in this Act that is used 

5 in the immigration laws shall have the meaning 

6 given such term in the immigration laws. 

7 (2) IMMIGRATION LAWS.—The term ‘‘immigra8 tion laws’’ has the meaning given such term in sec9 tion 101(a)(17) of the Immigration and Nationality 

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

11 (3) INSTITUTION OF HIGHER EDUCATION.—The 

12 term ‘‘institution of higher education’’ has the 

13 meaning given that term in section 102 of the High14 er Education Act of 1965 (20 U.S.C. 1002). 

15 (4) SECRETARY.—Except as otherwise specifi16 cally provided, the term ‘‘Secretary’’ means the Sec17 retary of Homeland Security. 

18 (5) UNIFORMED SERVICES.—The term ‘‘uni19 formed services’’ has the meaning given that term in 

20 section 101(a) of title 10, United States Code. 

21 SEC. 3. CONDITIONAL PERMANENT RESIDENT FOR CER22 TAIN LONG-TERM RESIDENTS WHO ENTERED 

23 THE UNITED STATES AS CHILDREN. 

24 (a) SPECIAL RULE FOR CERTAIN LONG-TERM RESI25 DENTS WHO ENTERED THE UNITED STATES AS CHIL26 DREN.— 


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1 (1) IN GENERAL.—Notwithstanding any other 

2 provision of law and except as otherwise provided in 

3 this Act, the Secretary may cancel removal of, and 

4 adjust to the status of an alien lawfully admitted for 

5 permanent residence on a conditional basis, an alien 

6 who is inadmissible or deportable from the United 

7 States if the alien demonstrates by a preponderance 

8 of the evidence that— 

9 (A) the alien has been physically present in 

10 the United States for a continuous period of 

11 not less than 5 years before the date of the en12 actment of this Act, and was 15 years of age 

13 or younger on the date the alien initially en14 tered the United States; 

15 (B) the alien has been a person of good 

16 moral character since the date the alien initially 

17 entered the United States; 

18 (C) subject to paragraph (2), the alien is 

19 not inadmissible under paragraph (2), (3), (4), 

20 (6)(E), (6)(G), (8), or subparagraph (A), (C), 

21 or (D) of paragraph (10), of section 212(a) of 

22 the Immigration and Nationality Act (8 U.S.C. 

23 1182(a)); 

24 (D) the alien has been admitted to an in25 stitution of higher education in the United 


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1 States, or has earned a high school diploma or 

2 obtained a general education development cer3 tificate in the United States; and 

4 (E) the alien was 32 years of age or 

5 younger on the date of the enactment of this 

6 Act. 

7 (2) WAIVER.—With respect to any benefit 

8 under this Act, the Secretary may waive the grounds 

9 of ineligibility under section 212(a)(2) of the Immi10 gration and Nationality Act, for humanitarian pur11 poses, for purposes of family unity, or when it is 

12 otherwise in the public interest. 

13 (3) SUBMISSION OF BIOMETRIC AND BIO14 GRAPHIC DATA.—The Secretary may not grant per15 manent resident status on a conditional basis to an 

16 alien under this section unless the alien submits bio17 metric and biographic data, in accordance with pro18 cedures established by the Secretary. The Secretary 

19 shall provide an alternative procedure for applicants 

20 who are unable to provide such biometric or bio21 graphic data because of a physical impairment. 

22 (4) BACKGROUND CHECKS.— 

23 (A) REQUIREMENT FOR BACKGROUND

24 CHECKS.—The Secretary shall utilize biometric, 


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1 biographic, and other data that the Secretary 

2 determines is appropriate— 

3 (i) to conduct security and law en4 forcement background checks of an alien 

5 seeking permanent resident status on a 

6 conditional basis under this section; and 

7 (ii) to determine whether there is any 

8 criminal, national security, or other factor 

9 that would render the alien ineligible for 

10 such status. 

11 (B) COMPLETION OF BACKGROUND

12 CHECKS.—The security and law enforcement 

13 background checks required by subparagraph 

14 (A) for an alien shall be completed, to the satis15 faction of the Secretary, prior to the date the 

16 Secretary grants permanent resident status on 

17 a conditional basis to the alien. 

18 (5) MEDICAL EXAMINATION.—An alien applying 

19 for permanent resident status on a conditional basis 

20 under this section shall undergo a medical examina21 tion. The Secretary, with the concurrence of the Sec22 retary of Health and Human Services, shall pre23 scribe policies and procedures for the nature and 

24 timing of such examination. 


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1 (6) MILITARY SELECTIVE SERVICE.—An alien 

2 applying for permanent resident status on a condi3 tional basis under this section shall establish that 

4 the alien has registered under the Military Selective 

5 Service Act (50 U.S.C. App. 451 et seq.), if the 

6 alien is subject to such registration under that Act. 

7 (b) TERMINATION OF CONTINUOUS PERIOD.—Any 

8 period of continuous residence or continuous physical 

9 presence in the United States of an alien who applies for 

10 permanent resident status on a conditional basis under 

11 this section shall not terminate when the alien is served 

12 a notice to appear under section 239(a) of the Immigra13 tion and Nationality Act (8 U.S.C. 1229(a)). 

14 (c) TREATMENT OF CERTAIN BREAKS IN PRES15 ENCE.— 

16 (1) IN GENERAL.—An alien shall not be consid17 ered to have failed to maintain continuous physical 

18 presence in the United States for purposes of sub19 section (a)(1)(A) by virtue of brief, casual, and inno20 cent absences from the United States. 

21 (2) WAIVER.—The Secretary of Homeland Se22 curity may waive breaks in presence beyond brief, 

23 casual, or innocent absences for humanitarian pur24 poses, family unity, or when it is otherwise in the 

25 public interest. 


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1 (d) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

2 Nothing in this section may be construed to apply a nu3 merical limitation on the number of aliens who may be 

4 eligible for cancellation of removal or adjustment of status 

5 under this section. 

6 (e) APPLICATION.— 

7 (1) IN GENERAL.—An alien seeking lawful per8 manent resident status on a conditional basis shall 

9 file an application for such status in such manner as 

10 the Secretary may require. 

11 (2) DEADLINE FOR SUBMISSION OF APPLICA12 TION.—An alien shall submit an application for re13 lief under this section not later than the date that 

14 is 1 year after the later of— 

15 (A) the date the alien earned a high school 

16 diploma or obtained a general education devel17 opment certificate in the United States; or 

18 (B) the effective date of the final regula19 tions issued pursuant to section 7. 

20 (f) LIMITATION ON REMOVAL OF CERTAIN

21 ALIENS.— 

22 (1) IN GENERAL.—The Secretary or the Attor23 ney General may not remove an alien who— 

24 (A) has a pending application for relief 

25 under this section; and 


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1 (B) establishes prima facie eligibility for 

2 relief under this section. 

3 (2) CERTAIN ALIENS ENROLLED IN PRIMARY

4 OR SECONDARY SCHOOL.— 

5 (A) STAY OF REMOVAL.—The Attorney 

6 General shall stay the removal proceedings of 

7 an alien who— 

8 (i) meets all the requirements of sub9 paragraphs (A), (B), (C), and (E) of sub10 section (a)(1); 

11 (ii) is at least 12 years of age; and 

12 (iii) is enrolled full-time in a primary 

13 or secondary school. 

14 (B) ALIENS NOT IN REMOVAL PRO15 CEEDINGS.—If an alien is not in removal pro16 ceedings, the Secretary shall not commence 

17 such proceedings with respect to the alien if the 

18 alien is described in clauses (i) through (iii) of 

19 subparagraph (A). 

20 (C) EMPLOYMENT.—An alien whose re21 moval is stayed pursuant to subparagraph (A) 

22 or who may not be placed in removal pro23 ceedings pursuant to subparagraph (B) shall, 

24 upon application to the Secretary, be granted 

25 an employment authorization document. 


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1 (D) LIFT OF STAY.—The Secretary or At2 torney General may lift the stay granted to an 

3 alien under subparagraph (A) if the alien— 

4 (i) is no longer enrolled in a primary 

5 or secondary school; or 

6 (ii) ceases to meet the requirements of 

7 such paragraph. 

8 SEC. 4. TERMS OF CONDITIONAL PERMANENT RESIDENT 

9 STATUS. 

10 (a) IN GENERAL.— 

11 (1) CONDITIONAL BASIS FOR STATUS.—Not12 withstanding any other provision of law, an alien 

13 whose status has been adjusted under section 3 to 

14 that of an alien lawfully admitted for permanent res15 idence shall be considered to have obtained such sta16 tus on a conditional basis subject to the provisions 

17 of this section. Such conditional permanent resident 

18 status shall be valid for a period of 6 years, subject 

19 to termination under subsection (b). 

20 (2) NOTICE OF REQUIREMENTS.— 

21 (A) AT TIME OF OBTAINING PERMANENT

22 RESIDENCE.—At the time an alien obtains per23 manent resident status on a conditional basis 

24 under this Act, the Secretary of Homeland Se25 curity shall provide for notice to the alien reVerDate Mar 15 2010 05:18 May 18, 2011 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1842.IH H1842

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1 garding the provisions of this section and the 

2 requirements to have the conditional basis of 

3 such status removed. 

4 (B) EFFECT OF FAILURE TO PROVIDE NO5 TICE.—The failure of the Secretary to provide 

6 a notice under this paragraph— 

7 (i) shall not affect the enforcement of 

8 the provisions of this Act with respect to 

9 the alien; and 

10 (ii) shall not give rise to any private 

11 right of action by the alien. 

12 (b) TERMINATION OF STATUS.— 

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

14 Security shall terminate the conditional permanent 

15 resident status of any alien who obtained such sta16 tus under this Act, if the Secretary determines that 

17 the alien— 

18 (A) ceases to meet the requirements of 

19 subparagraph (B) or (C) of section 3(a)(1); or 

20 (B) has received a dishonorable or other 

21 than honorable discharge from the uniformed 

22 services. 

23 (2) RETURN TO PREVIOUS IMMIGRATION STA24 TUS.—Any alien whose conditional permanent resi25 dent status is terminated under paragraph (1) shall 


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1 return to the immigration status the alien had im2 mediately prior to receiving conditional permanent 

3 resident status under this Act. 

4 (c) INFORMATION SYSTEMS.—The Secretary shall 

5 use the information systems of the Department of Home6 land Security to maintain current information on the iden7 tity, address, and immigration status of aliens granted 

8 permanent resident status on a conditional basis under 

9 this Act. 

10 SEC. 5. REMOVAL OF CONDITIONAL BASIS OF PERMANENT 

11 RESIDENT STATUS. 

12 (a) ELIGIBILITY FOR REMOVAL OF CONDITIONAL

13 BASIS.— 

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

15 the Secretary may remove the conditional basis of an 

16 alien’s permanent resident status granted under this 

17 Act if the alien demonstrates by a preponderance of 

18 the evidence that— 

19 (A) the alien has been a person of good 

20 moral character during the entire period of con21 ditional permanent resident status; 

22 (B) the alien is described in section 

23 3(a)(1)(C); 

24 (C) the alien has not abandoned the alien’s 

25 residence in the United States; 


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1 (D) the alien— 

2 (i) has acquired a degree from an in3 stitution of higher education in the United 

4 States or has completed at least 2 years, in 

5 good standing, in a program for a bach6 elor’s degree or higher degree in the 

7 United States; or 

8 (ii) has served in the Uniformed Serv9 ices for at least 2 years and, if discharged, 

10 received an honorable discharge; and 

11 (E) the alien has provided a list of each 

12 secondary school (as that term is defined in sec13 tion 9101 of the Elementary and Secondary 

14 Education Act of 1965 (20 U.S.C. 7801)) that 

15 the alien attended in the United States. 

16 (2) HARDSHIP EXCEPTION.— 

17 (A) IN GENERAL.—The Secretary may, in 

18 the Secretary’s discretion, remove the condi19 tional basis of an alien’s permanent resident 

20 status if the alien— 

21 (i) satisfies the requirements of sub22 paragraphs (A), (B), (C), and (E) of para23 graph (1); 

24 (ii) demonstrates compelling cir25 cumstances for the inability to satisfy the 


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1 requirements of subparagraph (D) of such 

2 paragraph; and 

3 (iii) demonstrates that the alien’s re4 moval from the United States would result 

5 in extreme hardship to the alien or the 

6 alien’s spouse, parent, or child who is a cit7 izen or a lawful permanent resident of the 

8 United States. 

9 (B) EXTENSION.—Upon a showing of good 

10 cause, the Secretary may extend the period of 

11 permanent resident status on a conditional 

12 basis for an alien so that the alien may com13 plete the requirements of subparagraph (D) of 

14 paragraph (1). 

15 (3) TREATMENT OF ABANDONMENT OR RESI16 DENCE.—For purposes of paragraph (1)(C), an 

17 alien— 

18 (A) shall be presumed to have abandoned 

19 the alien’s residence in the United States if the 

20 alien is absent from the United States for more 

21 than 365 days, in the aggregate, during the 

22 alien’s period of conditional permanent resident 

23 status, unless the alien demonstrates to the sat24 isfaction of the Secretary that the alien has not 

25 abandoned such residence; and 


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1 (B) who is absent from the United States 

2 due to active service in the Uniformed Services 

3 has not abandoned the alien’s residence in the 

4 United States during the period of such service. 

5 (4) CITIZENSHIP REQUIREMENT.— 

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

7 subparagraph (B), the conditional basis of an 

8 alien’s permanent resident status may not be 

9 removed unless the alien demonstrates that the 

10 alien satisfies the requirements of section 

11 312(a) of the Immigration and Nationality Act 

12 (8 U.S.C. 1423(a)). 

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

14 not apply to an alien who is unable because of 

15 a physical or developmental disability or mental 

16 impairment to meet the requirements of such 

17 subparagraph. 

18 (5) SUBMISSION OF BIOMETRIC AND BIO19 GRAPHIC DATA.—The Secretary may not remove the 

20 conditional basis of an alien’s permanent resident 

21 status unless the alien submits biometric and bio22 graphic data, in accordance with procedures estab23 lished by the Secretary. The Secretary shall provide 

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1 able to provide such biometric data because of a 

2 physical impairment. 

3 (6) BACKGROUND CHECKS.— 

4 (A) REQUIREMENT FOR BACKGROUND

5 CHECKS.—The Secretary shall utilize biometric, 

6 biographic, and other data that the Secretary 

7 determines appropriate— 

8 (i) to conduct security and law en9 forcement background checks of an alien 

10 applying for removal of the conditional 

11 basis of the alien’s permanent resident sta12 tus; and 

13 (ii) to determine whether there is any 

14 criminal, national security, or other factor 

15 that would render the alien ineligible for 

16 removal of such conditional basis. 

17 (B) COMPLETION OF BACKGROUND

18 CHECKS.—The security and law enforcement 

19 background checks required by subparagraph 

20 (A) for an alien shall be completed, to the satis21 faction of the Secretary, prior to the date the 

22 Secretary removes the conditional basis of the 

23 alien’s permanent resident status. 

24 (b) APPLICATION TO REMOVE CONDITIONAL

25 BASIS.— 


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1 (1) IN GENERAL.—An alien seeking to have the 

2 conditional basis of the alien’s lawful permanent 

3 resident status removed shall file an application for 

4 such removal in such manner as the Secretary may 

5 require. 

6 (2) DEADLINE FOR SUBMISSION OF APPLICA7 TION.— 

8 (A) IN GENERAL.—An alien shall file an 

9 application under this subsection during the pe10 riod beginning 6 months prior to and ending on 

11 the date that is later of— 

12 (i) 6 years after the date the alien 

13 was initially granted conditional permanent 

14 resident status; or 

15 (ii) any other expiration date of the 

16 alien’s conditional permanent resident sta17 tus, as extended by the Secretary in ac18 cordance with this Act. 

19 (B) STATUS DURING PENDENCY.—An 

20 alien shall be deemed to have permanent resi21 dent status on a conditional basis during the 

22 period that the alien’s application submitted 

23 under this subsection is pending. 

24 (3) ADJUDICATION OF APPLICATION.— 


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1 (A) IN GENERAL.—The Secretary shall 

2 make a determination on each application filed 

3 by an alien under this subsection as to whether 

4 the alien meets the requirements for removal of 

5 the conditional basis of the alien’s permanent 

6 resident status. 

7 (B) ADJUSTMENT OF STATUS IF FAVOR8 ABLE DETERMINATION.—If the Secretary deter9 mines that the alien meets such requirements, 

10 the Secretary shall notify the alien of such de11 termination and remove the conditional basis of 

12 the alien’s permanent resident status, effective 

13 as of the date of such determination. 

14 (C) TERMINATION IF ADVERSE DETER15 MINATION.—If the Secretary determines that 

16 the alien does not meet such requirements, the 

17 Secretary shall notify the alien of such deter18 mination and, if the alien no longer meets the 

19 requirements for permanent resident status on 

20 a conditional basis under this Act, terminate 

21 the conditional permanent resident status 

22 granted the alien under this Act as of the date 

23 of such determination. 

24 (c) TREATMENT FOR PURPOSES OF NATURALIZA25 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 under this Act shall be consid5 ered to have been admitted as an alien lawfully ad6 mitted for permanent residence and to be in the 

7 United States as an alien lawfully admitted to the 

8 United States for permanent residence. 

9 (2) LIMITATION ON APPLICATION FOR NATU10 RALIZATION.—An alien may not apply for natu11 ralization during the period that the alien is in per12 manent resident status on a conditional basis under 

13 this Act. 

14 SEC. 6. CONFIDENTIALITY OF INFORMATION. 

15 (a) PROHIBITION.—Except as provided in subsection 

16 (b), no officer or employee of the United States may— 

17 (1) use the information furnished by the appli18 cant pursuant to an application filed under this Act 

19 to initiate removal proceedings against any persons 

20 identified in the application; 

21 (2) make any publication whereby the informa22 tion furnished by any particular individual pursuant 

23 to an application under this Act can be identified; or 

24 (3) permit anyone other than an officer or em25 ployee of the United States Government or, in the 


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1 case of applications filed under this Act with a des2 ignated entity, that designated entity, to examine 

3 applications filed under this Act. 

4 (b) REQUIRED DISCLOSURE.—The Attorney General 

5 or the Secretary of Homeland Security shall provide the 

6 information furnished under this section, and any other 

7 information derived from such furnished information, to— 

8 (1) a Federal, State, tribal, or local law enforce9 ment agency, intelligence agency, national security 

10 agency, component of the Department of Homeland 

11 Security, court, or grand jury in connection with a 

12 criminal investigation or prosecution, a background 

13 check conducted pursuant to section 103 of the 

14 Brady Handgun Violence Protection Act (Public 

15 Law 103–159; 18 U.S.C. 922 note), or national se16 curity purposes, if such information is requested by 

17 such entity or consistent with an information shar18 ing agreement or mechanism; or 

19 (2) an official coroner for purposes of affirma20 tively identifying a deceased individual (whether or 

21 not such individual is deceased as a result of a 

22 crime). 

23 (c) FRAUD IN APPLICATION PROCESS OR CRIMINAL

24 CONDUCT.—Notwithstanding any other provision of this 

25 section, information concerning whether an alien seeking 


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1 relief under this Act has engaged in fraud in an applica2 tion for such relief or at any time committed a crime may 

3 be used or released for immigration enforcement, law en4 forcement, or national security purposes. 

5 (d) PENALTY.—Whoever knowingly uses, publishes, 

6 or permits information to be examined in violation of this 

7 section shall be fined not more than $10,000. 

8 SEC. 7. REGULATIONS. 

9 (a) INITIAL PUBLICATION.—Not later than 180 days 

10 after the date of the enactment of this Act, the Secretary 

11 shall publish regulations implementing this Act. Such reg12 ulations shall allow eligible individuals to apply affirma13 tively for the relief available under section 3 without being 

14 placed in removal proceedings. 

15 (b) INTERIM REGULATIONS.—Notwithstanding sec16 tion 553 of title 5, United States Code, the regulations 

17 required by subsection (a) shall be effective, on an interim 

18 basis, immediately upon publication but may be subject 

19 to change and revision after public notice and opportunity 

20 for a period of public comment. 

21 (c) FINAL REGULATIONS.—Within a reasonable time 

22 after publication of the interim regulations in accordance 

23 with subsection (b), the Secretary shall publish final regu24 lations implementing this Act. 


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1 (d) PAPERWORK REDUCTION ACT.—The require2 ments of chapter 35 of title 44, United States Code (com3 monly known as the ‘‘Paperwork Reduction Act’’) shall 

4 not apply to any action to implement this Act. 

5 SEC. 8. HIGHER EDUCATION ASSISTANCE. 

6 (a) IN GENERAL.—Notwithstanding any provision of 

7 the Higher Education Act of 1965 (20 U.S.C. 1001 et 

8 seq.) or any provision of title IV of the Personal Responsi9 bility and Work Opportunity Reconciliation Act of 1996 

10 (8 U.S.C. 1601 et seq.), with respect to Federal financial 

11 education assistance, an alien who is lawfully admitted for 

12 permanent residence under this Act and has not had the 

13 conditional basis removed shall not be eligible for— 

14 (1) Federal Pell grants under part A of title IV 

15 of the Higher Education Act of 1965 (20 U.S.C. 

16 1070a et seq.); and 

17 (2) Federal supplemental educational oppor18 tunity grants under part A of title IV of that Act 

19 (20 U.S.C. 1070b et seq.). 

20 (b) RESTORATION OF STATE RIGHT TO DETERMINE

21 RESIDENCY FOR PURPOSES OF HIGHER EDUCATION

22 BENEFITS.— 

23 (1) IN GENERAL.—Section 505 of the Illegal 

24 Immigration Reform and Immigrant Responsibility 

25 Act of 1996 (8 U.S.C. 1623) is repealed. 


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1 (2) EFFECTIVE DATE.—The repeal under para2 graph (1) shall take effect as if included in the en3 actment of the Illegal Immigration Reform and Im4 migrant Responsibility Act of 1996. 

Æ 


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