II 

117TH CONGRESS 

1ST SESSION S. 264 

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 SENATE OF THE UNITED STATES 

FEBRUARY 4, 2021 

Mr. DURBIN (for himself and Mr. GRAHAM) introduced the following bill; 

which was read twice and 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 ‘‘Dream Act of 2021’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) IN GENERAL.—Except as otherwise specifi8 cally provided, any term used in this Act that is 


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1 used in the immigration laws shall have the meaning 

2 given such term in the immigration laws. 

3 (2) DACA.—The term ‘‘DACA’’ means de4 ferred action granted to an alien pursuant to the 

5 Deferred Action for Childhood Arrivals program an6 nounced by President Obama on June 15, 2012. 

7 (3) DISABILITY.—The term ‘‘disability’’ has the 

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

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

10 12102(1)). 

11 (4) EARLY CHILDHOOD EDUCATION PRO12 GRAM.—The term ‘‘early childhood education pro13 gram’’ has the meaning given such term in section 

14 103 of the Higher Education Act of 1965 (20 

15 U.S.C. 1003). 

16 (5) ELEMENTARY SCHOOL; HIGH SCHOOL; SEC17 ONDARY SCHOOL.—The terms ‘‘elementary school’’, 

18 ‘‘high school’’, and ‘‘secondary school’’ have the 

19 meanings given such terms in section 8101 of the 

20 Elementary and Secondary Education Act of 1965 

21 (20 U.S.C. 7801). 

22 (6) IMMIGRATION LAWS.—The term ‘‘immigra23 tion laws’’ has the meaning given such term in sec24 tion 101(a)(17) of the Immigration and Nationality 

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


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1 (7) INSTITUTION OF HIGHER EDUCATION.—The 

2 term ‘‘institution of higher education’’— 

3 (A) except as provided in subparagraph 

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

5 102 of the Higher Education Act of 1965 (20 

6 U.S.C. 1002); and 

7 (B) does not include an institution of high8 er education outside of the United States. 

9 (8) PERMANENT RESIDENT STATUS ON A CON10 DITIONAL BASIS.—The term ‘‘permanent resident 

11 status on a conditional basis’’ means status as an 

12 alien lawfully admitted for permanent residence on 

13 a conditional basis under this Act. 

14 (9) 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 (10) SECRETARY.—Except as otherwise specifi19 cally provided, the term ‘‘Secretary’’ means the Sec20 retary of Homeland Security. 

21 (11) UNIFORMED SERVICES.—The term ‘‘Uni22 formed Services’’ has the meaning given the term 

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

24 United States Code. 


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1 SEC. 3. PERMANENT RESIDENT STATUS ON A CONDITIONAL 

2 BASIS FOR CERTAIN LONG-TERM RESIDENTS 

3 WHO ENTERED THE UNITED STATES AS CHIL4 DREN. 

5 (a) CONDITIONAL BASIS FOR STATUS.—Notwith6 standing any other provision of law, an alien shall be con7 sidered, at the time of obtaining the status of an alien 

8 lawfully admitted for permanent residence under this sec9 tion, to have obtained such status on a conditional basis 

10 subject to the provisions under this Act. 

11 (b) REQUIREMENTS.— 

12 (1) IN GENERAL.—Notwithstanding any other 

13 provision of law, the Secretary shall cancel the re14 moval of, and adjust to the status of an alien law15 fully admitted for permanent residence on a condi16 tional basis, an alien who is inadmissible or deport17 able from the United States or is in temporary pro18 tected status under section 244 of the Immigration 

19 and Nationality Act (8 U.S.C. 1254a), if— 

20 (A) the alien has been continuously phys21 ically present in the United States since the 

22 date that is 4 years before the date of the en23 actment of this Act; 

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

25 age on the date on which the alien initially en26 tered the United States; 


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1 (C) subject to paragraphs (2) and (3), the 

2 alien— 

3 (i) is not inadmissible under para4 graph (2), (3), (6)(E), (6)(G), (8), 

5 (10)(A), (10)(C), or (10)(D) of section 

6 212(a) of the Immigration and Nationality 

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

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

9 or otherwise participated in the persecution 

10 of any person on account of race, religion, 

11 nationality, membership in a particular so12 cial group, or political opinion; and 

13 (iii) has not been convicted of— 

14 (I) any offense under Federal or 

15 State law, other than a State offense 

16 for which an essential element is the 

17 alien’s immigration status, that is 

18 punishable by a maximum term of im19 prisonment of more than 1 year; or 

20 (II) 3 or more offenses under 

21 Federal or State law, other than State 

22 offenses for which an essential ele23 ment is the alien’s immigration sta24 tus, for which the alien was convicted 

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1 fenses and imprisoned for an aggre2 gate of 90 days or more; and 

3 (D) the alien— 

4 (i) has been admitted to an institution 

5 of higher education; 

6 (ii) has earned a high school diploma 

7 or a commensurate alternative award from 

8 a public or private high school, or has ob9 tained a general education development 

10 certificate recognized under State law or a 

11 high school equivalency diploma in the 

12 United States; or 

13 (iii) is enrolled in secondary school or 

14 in an education program assisting students 

15 in— 

16 (I) obtaining a regular high 

17 school diploma or its recognized equiv18 alent under State law; or 

19 (II) in passing a general edu20 cational development exam, a high 

21 school equivalence diploma examina22 tion, or other similar State-authorized 

23 exam. 

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

25 under this Act, the Secretary may waive the grounds 


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1 of inadmissibility under paragraph (2), (6)(E), 

2 (6)(G), or (10)(D) of section 212(a) of the Immigra3 tion and Nationality Act (8 U.S.C. 1182(a)) for hu4 manitarian purposes or family unity or if the waiver 

5 is otherwise in the public interest. 

6 (3) TREATMENT OF EXPUNGED CONVIC7 TIONS.—An expunged conviction shall not automati8 cally be treated as an offense under paragraph (1). 

9 The Secretary shall evaluate expunged convictions 

10 on a case-by-case basis according to the nature and 

11 severity of the offense to determine whether, under 

12 the particular circumstances, the Secretary deter13 mines that the alien should be eligible for cancella14 tion of removal, adjustment to permanent resident 

15 status on a conditional basis, or other adjustment of 

16 status. 

17 (4) DACA RECIPIENTS.—The Secretary shall 

18 cancel the removal of, and adjust to the status of an 

19 alien lawfully admitted for permanent residence on 

20 a conditional basis, an alien who was granted DACA 

21 unless the alien has engaged in conduct since the 

22 alien was granted DACA that would make the alien 

23 ineligible for DACA. 

24 (5) APPLICATION FEE.— 


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1 (A) IN GENERAL.—The Secretary may re2 quire an alien applying for permanent resident 

3 status on a conditional basis under this section 

4 to pay a reasonable fee that is commensurate 

5 with the cost of processing the application. 

6 (B) EXEMPTION.—An applicant may be 

7 exempted from paying the fee required under 

8 subparagraph (A) if the alien— 

9 (i)(I) is younger than 18 years of age; 

10 (II) received total income, during the 

11 12-month period immediately preceding the 

12 date on which the alien files an application 

13 under this section, that is less than 150 

14 percent of the poverty line; and 

15 (III) is in foster care or otherwise 

16 lacking any parental or other familial sup17 port; 

18 (ii) is younger than 18 years of age 

19 and is homeless; 

20 (iii)(I) cannot care for himself or her21 self because of a serious, chronic disability; 

22 and 

23 (II) received total income, during the 

24 12-month period immediately preceding the 

25 date on which the alien files an application 


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1 under this section, that is less than 150 

2 percent of the poverty line; or 

3 (iv)(I) during the 12-month period im4 mediately preceding the date on which the 

5 alien files an application under this sec6 tion, accumulated $10,000 or more in debt 

7 as a result of unreimbursed medical ex8 penses incurred by the alien or an imme9 diate family member of the alien; and 

10 (II) received total income, during the 

11 12-month period immediately preceding the 

12 date on which the alien files an application 

13 under this section, that is less than 150 

14 percent of the poverty line. 

15 (6) SUBMISSION OF BIOMETRIC AND BIO16 GRAPHIC DATA.—The Secretary may not grant an 

17 alien permanent resident status on a conditional 

18 basis under this section unless the alien submits bio19 metric and biographic data, in accordance with pro20 cedures established by the Secretary. The Secretary 

21 shall provide an alternative procedure for aliens who 

22 are unable to provide such biometric or biographic 

23 data because of a physical impairment. 

24 (7) BACKGROUND CHECKS.— 


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1 (A) REQUIREMENT FOR BACKGROUND

2 CHECKS.—The Secretary shall utilize biometric, 

3 biographic, and other data that the Secretary 

4 determines appropriate— 

5 (i) to conduct security and law en6 forcement background checks of an alien 

7 seeking permanent resident status on a 

8 conditional basis under this section; and 

9 (ii) to determine whether there is any 

10 criminal, national security, or other factor 

11 that would render the alien ineligible for 

12 such status. 

13 (B) COMPLETION OF BACKGROUND

14 CHECKS.—The security and law enforcement 

15 background checks of an alien required under 

16 subparagraph (A) shall be completed, to the 

17 satisfaction of the Secretary, before the date on 

18 which the Secretary grants such alien perma19 nent resident status on a conditional basis 

20 under this section. 

21 (8) MEDICAL EXAMINATION.— 

22 (A) REQUIREMENT.—An alien applying for 

23 permanent resident status on a conditional 

24 basis under this section shall undergo a medical 

25 examination. 


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1 (B) POLICIES AND PROCEDURES.—The 

2 Secretary, with the concurrence of the Sec3 retary of Health and Human Services, shall 

4 prescribe policies and procedures for the nature 

5 and timing of the examination required under 

6 subparagraph (A). 

7 (9) MILITARY SELECTIVE SERVICE.—An alien 

8 applying for permanent resident status on a condi9 tional basis under this section shall establish that 

10 the alien has registered under the Military Selective 

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

12 subject to registration under such Act. 

13 (c) DETERMINATION OF CONTINUOUS PRESENCE.— 

14 (1) TERMINATION OF CONTINUOUS PERIOD.— 

15 Any period of continuous physical presence in the 

16 United States of an alien who applies for permanent 

17 resident status on a conditional basis under this sec18 tion shall not terminate when the alien is served a 

19 notice to appear under section 239(a) of the Immi20 gration and Nationality Act (8 U.S.C. 1229(a)). 

21 (2) TREATMENT OF CERTAIN BREAKS IN PRES22 ENCE.— 

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

24 subparagraphs (B) and (C), an alien shall be 

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1 uous physical presence in the United States 

2 under subsection (b)(1)(A) if the alien has de3 parted from the United States for any period 

4 exceeding 90 days or for any periods, in the ag5 gregate, exceeding 180 days. 

6 (B) EXTENSIONS FOR EXTENUATING CIR7 CUMSTANCES.—The Secretary may extend the 

8 time periods described in subparagraph (A) for 

9 an alien who demonstrates that the failure to 

10 timely return to the United States was due to 

11 extenuating circumstances beyond the alien’s 

12 control, including the serious illness of the 

13 alien, or death or serious illness of a parent, 

14 grandparent, sibling, or child of the alien. 

15 (C) TRAVEL AUTHORIZED BY THE SEC16 RETARY.—Any period of travel outside of the 

17 United States by an alien that was authorized 

18 by the Secretary may not be counted toward 

19 any period of departure from the United States 

20 under subparagraph (A). 

21 (d) LIMITATION ON REMOVAL OF CERTAIN

22 ALIENS.— 

23 (1) IN GENERAL.—The Secretary or the Attor24 ney General may not remove an alien who appears 

25 prima facie eligible for relief under this section. 


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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 (3) CERTAIN ALIENS ENROLLED IN ELEMEN10 TARY OR SECONDARY SCHOOL.— 

11 (A) STAY OF REMOVAL.—The Attorney 

12 General shall stay the removal proceedings of 

13 an alien who— 

14 (i) meets all the requirements under 

15 subparagraphs (A), (B), and (C) of sub16 section (b)(1), subject to paragraphs (2) 

17 and (3) of such subsection; 

18 (ii) is at least 5 years of age; and 

19 (iii) is enrolled in an elementary 

20 school, a secondary school, or an early 

21 childhood education program. 

22 (B) COMMENCEMENT OF REMOVAL PRO23 CEEDINGS.—The Secretary may not commence 

24 removal proceedings for an alien described in 

25 subparagraph (A). 


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1 (C) EMPLOYMENT.—An alien whose re2 moval is stayed pursuant to subparagraph (A) 

3 or who may not be placed in removal pro4 ceedings pursuant to subparagraph (B) shall, 

5 upon application to the Secretary, be granted 

6 an employment authorization document. 

7 (D) LIFT OF STAY.—The Secretary or At8 torney General may not lift the stay granted to 

9 an alien under subparagraph (A) unless the 

10 alien ceases to meet the requirements under 

11 such subparagraph. 

12 (e) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

13 Nothing in this section or in any other law may be con14 strued to apply a numerical limitation on the number of 

15 aliens who may be granted permanent resident status on 

16 a conditional basis under this Act. 

17 SEC. 4. TERMS OF PERMANENT RESIDENT STATUS ON A 

18 CONDITIONAL BASIS. 

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

20 on a conditional basis is— 

21 (1) valid for a period of 8 years, unless such pe22 riod is extended by the Secretary; and 

23 (2) subject to termination under subsection (c). 

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

25 alien obtains permanent resident status on a conditional 


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1 basis, the Secretary shall provide notice to the alien re2 garding the provisions of this Act and the requirements 

3 to have the conditional basis of such status removed. 

4 (c) TERMINATION OF STATUS.—The Secretary may 

5 terminate the permanent resident status on a conditional 

6 basis of an alien only if the Secretary— 

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

8 requirements under paragraph (1)(C) of section 

9 3(b), subject to paragraphs (2) and (3) of that sec10 tion; and 

11 (2) prior to the termination, provides the 

12 alien— 

13 (A) notice of the proposed termination; 

14 and 

15 (B) the opportunity for a hearing to pro16 vide evidence that the alien meets such require17 ments or otherwise contest the termination. 

18 (d) RETURN TO PREVIOUS IMMIGRATION STATUS.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2), an alien whose permanent resident status 

21 on a conditional basis expires under subsection 

22 (a)(1) or is terminated under subsection (c) or 

23 whose application for such status is denied shall re24 turn to the immigration status that the alien had 

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1 tus on a conditional basis or applying for such sta2 tus, as appropriate. 

3 (2) SPECIAL RULE FOR TEMPORARY PRO4 TECTED STATUS.—An alien whose permanent resi5 dent status on a conditional basis expires under sub6 section (a)(1) or is terminated under subsection (c) 

7 or whose application for such status is denied and 

8 who had temporary protected status under section 

9 244 of the Immigration and Nationality Act (8 

10 U.S.C. 1254a) immediately before receiving or ap11 plying for such permanent resident status on a con12 ditional basis, as appropriate, may not return to 

13 such temporary protected status if— 

14 (A) the relevant designation under section 

15 244(b) of the Immigration and Nationality Act 

16 (8 U.S.C. 1254a(b)) has been terminated; or 

17 (B) the Secretary determines that the rea18 son for terminating the permanent resident sta19 tus on a conditional basis renders the alien in20 eligible for such temporary protected status. 

21 SEC. 5. REMOVAL OF CONDITIONAL BASIS OF PERMANENT 

22 RESIDENT STATUS. 

23 (a) ELIGIBILITY FOR REMOVAL OF CONDITIONAL

24 BASIS.— 


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

2 the Secretary shall remove the conditional basis of 

3 an alien’s permanent resident status granted under 

4 this Act and grant the alien status as an alien law5 fully admitted for permanent residence if the alien— 

6 (A) is described in paragraph (1)(C) of 

7 section 3(b), subject to paragraphs (2) and (3) 

8 of that section; 

9 (B) has not abandoned the alien’s resi10 dence in the United States; and 

11 (C)(i) has acquired a degree from an insti12 tution of higher education or has completed at 

13 least 2 years, in good standing, in a program 

14 for a bachelor’s degree or higher degree in the 

15 United States; 

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) has been employed for periods totaling 

20 at least 3 years and at least 75 percent of the 

21 time that the alien has had a valid employment 

22 authorization, except that any period during 

23 which the alien is not employed while having a 

24 valid employment authorization and is enrolled 

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1 ondary school, or an education program de2 scribed in section 3(b)(1)(D)(iii), shall not 

3 count toward the time requirements under this 

4 clause. 

5 (2) HARDSHIP EXCEPTION.—The Secretary 

6 shall remove the conditional basis of an alien’s per7 manent resident status and grant the alien status as 

8 an alien lawfully admitted for permanent residence 

9 if the alien— 

10 (A) satisfies the requirements under sub11 paragraphs (A) and (B) of paragraph (1); 

12 (B) demonstrates compelling circumstances 

13 for the inability to satisfy the requirements 

14 under subparagraph (C) of such paragraph; and 

15 (C) demonstrates that— 

16 (i) the alien has a disability; 

17 (ii) the alien is a full-time caregiver of 

18 a minor child; or 

19 (iii) the removal of the alien from the 

20 United States would result in extreme 

21 hardship to the alien or the alien’s spouse, 

22 parent, or child who is a national of the 

23 United States or is lawfully admitted for 

24 permanent residence. 

25 (3) CITIZENSHIP REQUIREMENT.— 


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

2 subparagraph (B), the conditional basis of an 

3 alien’s permanent resident status granted under 

4 this Act may not be removed unless the alien 

5 demonstrates that the alien satisfies the re6 quirements under section 312(a) of the Immi7 gration and Nationality Act (8 U.S.C. 1423(a)). 

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

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

10 requirements under such section 312(a) due to 

11 disability. 

12 (4) APPLICATION FEE.— 

13 (A) IN GENERAL.—The Secretary may re14 quire aliens applying for lawful permanent resi15 dent status under this section to pay a reason16 able fee that is commensurate with the cost of 

17 processing the application. 

18 (B) EXEMPTION.—An applicant may be 

19 exempted from paying the fee required under 

20 subparagraph (A) if the alien— 

21 (i)(I) is younger than 18 years of age; 

22 (II) received total income, during the 

23 12-month period immediately preceding the 

24 date on which the alien files an application 


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1 under this section, that is less than 150 

2 percent of the poverty line; and 

3 (III) is in foster care or otherwise 

4 lacking any parental or other familial sup5 port; 

6 (ii) is younger than 18 years of age 

7 and is homeless; 

8 (iii)(I) cannot care for himself or her9 self because of a serious, chronic disability; 

10 and 

11 (II) received total income, during the 

12 12-month period immediately preceding the 

13 date on which the alien files an application 

14 under this section, that is less than 150 

15 percent of the poverty line; or 

16 (iv)(I) during the 12-month period im17 mediately preceding the date on which the 

18 alien files an application under this sec19 tion, the alien accumulated $10,000 or 

20 more in debt as a result of unreimbursed 

21 medical expenses incurred by the alien or 

22 an immediate family member of the alien; 

23 and 

24 (II) received total income, during the 

25 12-month period immediately preceding the 


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1 date on which the alien files an application 

2 under this section, that is less than 150 

3 percent of the poverty line. 

4 (5) SUBMISSION OF BIOMETRIC AND BIO5 GRAPHIC DATA.—The Secretary may not remove the 

6 conditional basis of an alien’s permanent resident 

7 status unless the alien submits biometric and bio8 graphic data, in accordance with procedures estab9 lished by the Secretary. The Secretary shall provide 

10 an alternative procedure for applicants who are un11 able to provide such biometric data because of a 

12 physical impairment. 

13 (6) BACKGROUND CHECKS.— 

14 (A) REQUIREMENT FOR BACKGROUND

15 CHECKS.—The Secretary shall utilize biometric, 

16 biographic, and other data that the Secretary 

17 determines appropriate— 

18 (i) to conduct security and law en19 forcement background checks of an alien 

20 applying for removal of the conditional 

21 basis of the alien’s permanent resident sta22 tus; and 

23 (ii) to determine whether there is any 

24 criminal, national security, or other factor 


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1 that would render the alien ineligible for 

2 removal of such conditional basis. 

3 (B) COMPLETION OF BACKGROUND

4 CHECKS.—The security and law enforcement 

5 background checks of an alien required under 

6 subparagraph (A) shall be completed, to the 

7 satisfaction of the Secretary, before the date on 

8 which the Secretary removes the conditional 

9 basis of the alien’s permanent resident status. 

10 (b) TREATMENT FOR PURPOSES OF NATURALIZA11 TION.— 

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

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

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

15 on a conditional basis shall be considered to have 

16 been admitted to the United States, and be present 

17 in the United States, as an alien lawfully admitted 

18 for permanent residence. 

19 (2) LIMITATION ON APPLICATION FOR NATU20 RALIZATION.—An alien may not apply for natu21 ralization while the alien is in permanent resident 

22 status on a conditional basis. 


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1 SEC. 6. DOCUMENTATION REQUIREMENTS. 

2 (a) DOCUMENTS ESTABLISHING IDENTITY.—An 

3 alien’s application for permanent resident status on a con4 ditional basis may include, as proof of identity— 

5 (1) a passport or national identity document 

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

7 alien’s name and the alien’s photograph or finger8 print; 

9 (2) the alien’s birth certificate and an identity 

10 card that includes the alien’s name and photograph; 

11 (3) a school identification card that includes the 

12 alien’s name and photograph, and school records 

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

14 was enrolled at the school; 

15 (4) a Uniformed Services identification card 

16 issued by the Department of Defense; 

17 (5) any immigration or other document issued 

18 by the United States Government bearing the alien’s 

19 name and photograph; or 

20 (6) a State-issued identification card bearing 

21 the alien’s name and photograph. 

22 (b) DOCUMENTS ESTABLISHING CONTINUOUS PHYS23 ICAL PRESENCE IN THE UNITED STATES.—To establish 

24 that an alien has been continuously physically present in 

25 the United States, as required under section 3(b)(1)(A), 

26 or to establish that an alien has not abandoned residence 


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1 in the United States, as required under section 5(a)(1)(B), 

2 the alien may submit documents to the Secretary, includ3 ing— 

4 (1) employment records that include the em5 ployer’s name and contact information; 

6 (2) records from any educational institution the 

7 alien has attended in the United States; 

8 (3) records of service from the Uniformed Serv9 ices; 

10 (4) official records from a religious entity con11 firming the alien’s participation in a religious cere12 mony; 

13 (5) passport entries; 

14 (6) a birth certificate for a child who was born 

15 in the United States; 

16 (7) automobile license receipts or registration; 

17 (8) deeds, mortgages, or rental agreement con18 tracts; 

19 (9) tax receipts; 

20 (10) insurance policies; 

21 (11) remittance records; 

22 (12) rent receipts or utility bills bearing the 

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

24 member of the alien, and the alien’s address; 


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1 (13) copies of money order receipts for money 

2 sent in or out of the United States; 

3 (14) dated bank transactions; or 

4 (15) 2 or more sworn affidavits from individ5 uals who are not related to the alien who have direct 

6 knowledge of the alien’s continuous physical pres7 ence in the United States, that contain— 

8 (A) the name, address, and telephone num9 ber of the affiant; and 

10 (B) the nature and duration of the rela11 tionship between the affiant and the alien. 

12 (c) DOCUMENTS ESTABLISHING INITIAL ENTRY

13 INTO THE UNITED STATES.—To establish under section 

14 3(b)(1)(B) that an alien was younger than 18 years of 

15 age on the date on which the alien initially entered the 

16 United States, an alien may submit documents to the Sec17 retary, including— 

18 (1) an admission stamp on the alien’s passport; 

19 (2) records from any educational institution the 

20 alien has attended in the United States; 

21 (3) any document from the Department of Jus22 tice or the Department of Homeland Security stat23 ing the alien’s date of entry into the United States; 

24 (4) hospital or medical records showing medical 

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1 ical facility or physician, and the date of the treat2 ment or hospitalization; 

3 (5) 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 (6) employment records that include the em7 ployer’s name and contact information; 

8 (7) official records from a religious entity con9 firming the alien’s participation in a religious cere10 mony; 

11 (8) a birth certificate for a child who was born 

12 in the United States; 

13 (9) automobile license receipts or registration; 

14 (10) deeds, mortgages, or rental agreement con15 tracts; 

16 (11) tax receipts; 

17 (12) travel records; 

18 (13) copies of money order receipts sent in or 

19 out of the country; 

20 (14) dated bank transactions; 

21 (15) remittance records; or 

22 (16) insurance policies. 

23 (d) DOCUMENTS ESTABLISHING ADMISSION TO AN

24 INSTITUTION OF HIGHER EDUCATION.—To establish that 

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1 cation, the alien shall submit to the Secretary a document 

2 from the institution of higher education certifying that the 

3 alien— 

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

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

6 student. 

7 (e) DOCUMENTS ESTABLISHING RECEIPT OF A DE8 GREE FROM AN INSTITUTION OF HIGHER EDUCATION.— 

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

10 institution of higher education in the United States, the 

11 alien shall submit to the Secretary a diploma or other doc12 ument from the institution stating that the alien has re13 ceived such a degree. 

14 (f) DOCUMENTS ESTABLISHING RECEIPT OF HIGH

15 SCHOOL DIPLOMA, GENERAL EDUCATIONAL DEVELOP16 MENT CERTIFICATE, OR A RECOGNIZED EQUIVALENT.— 

17 To establish that an alien has earned a high school di18 ploma or a commensurate alternative award from a public 

19 or private high school, or has obtained a general edu20 cational development certificate recognized under State 

21 law or a high school equivalency diploma in the United 

22 States, the alien shall submit to the Secretary— 

23 (1) a high school diploma, certificate of comple24 tion, or other alternate award; 


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1 (2) a high school equivalency diploma or certifi2 cate recognized under State law; or 

3 (3) evidence that the alien passed a State-au4 thorized exam, including the general educational de5 velopment exam, in the United States. 

6 (g) DOCUMENTS ESTABLISHING ENROLLMENT IN AN

7 EDUCATIONAL PROGRAM.—To establish that an alien is 

8 enrolled in any school or education program described in 

9 section 3(b)(1)(D)(iii), 3(d)(3)(A)(iii), or 5(a)(1)(C), the 

10 alien shall submit school records from the United States 

11 school that the alien is currently attending that include— 

12 (1) the name of the school; and 

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

14 current grade or educational level. 

15 (h) DOCUMENTS ESTABLISHING EXEMPTION FROM

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

17 from an application fee under section 3(b)(5)(B) or 

18 5(a)(4)(B), the alien shall submit to the Secretary the fol19 lowing relevant documents: 

20 (1) DOCUMENTS TO ESTABLISH AGE.—To es21 tablish that an alien meets an age requirement, the 

22 alien shall provide proof of identity, as described in 

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

24 younger than 18 years of age. 


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1 (2) DOCUMENTS TO ESTABLISH INCOME.—To 

2 establish the alien’s income, the alien shall provide— 

3 (A) employment records that have been 

4 maintained by the Social Security Administra5 tion, the Internal Revenue Service, or any other 

6 Federal, State, or local government agency; 

7 (B) bank records; or 

8 (C) at least 2 sworn affidavits from indi9 viduals who are not related to the alien and 

10 who have direct knowledge of the alien’s work 

11 and income that contain— 

12 (i) the name, address, and telephone 

13 number of the affiant; and 

14 (ii) the nature and duration of the re15 lationship between the affiant and the 

16 alien. 

17 (3) DOCUMENTS TO ESTABLISH FOSTER CARE, 

18 LACK OF FAMILIAL SUPPORT, HOMELESSNESS, OR

19 SERIOUS, CHRONIC DISABILITY.—To establish that 

20 the alien was in foster care, lacks parental or famil21 ial support, is homeless, or has a serious, chronic 

22 disability, the alien shall provide at least 2 sworn af23 fidavits from individuals who are not related to the 

24 alien and who have direct knowledge of the cir25 cumstances that contain— 


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

2 care, otherwise lacks any parental or other fa3 miliar support, is homeless, or has a serious, 

4 chronic disability, as appropriate; 

5 (B) the name, address, and telephone num6 ber of the affiant; and 

7 (C) the nature and duration of the rela8 tionship between the affiant and the alien. 

9 (4) DOCUMENTS TO ESTABLISH UNPAID MED10 ICAL EXPENSE.—To establish that the alien has debt 

11 as a result of unreimbursed medical expenses, the 

12 alien shall provide receipts or other documentation 

13 from a medical provider that— 

14 (A) bear the provider’s name and address; 

15 (B) bear the name of the individual receiv16 ing treatment; and 

17 (C) document that the alien has accumu18 lated $10,000 or more in debt in the past 12 

19 months as a result of unreimbursed medical ex20 penses incurred by the alien or an immediate 

21 family member of the alien. 

22 (i) DOCUMENTS ESTABLISHING QUALIFICATION FOR

23 HARDSHIP EXEMPTION.—To establish that an alien satis24 fies one of the criteria for the hardship exemption set forth 

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1 retary at least 2 sworn affidavits from individuals who are 

2 not related to the alien and who have direct knowledge 

3 of the circumstances that warrant the exemption, that 

4 contain— 

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

6 the affiant; and 

7 (2) the nature and duration of the relationship 

8 between the affiant and the alien. 

9 (j) DOCUMENTS ESTABLISHING SERVICE IN THE

10 UNIFORMED SERVICES.—To establish that an alien has 

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

12 if discharged, received an honorable discharge, the alien 

13 shall submit to the Secretary— 

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

15 (2) a National Guard Report of Separation and 

16 Record of Service form 22; 

17 (3) personnel records for such service from the 

18 appropriate Uniformed Service; or 

19 (4) health records from the appropriate Uni20 formed Service. 

21 (k) DOCUMENTS ESTABLISHING EMPLOYMENT.— 

22 (1) IN GENERAL.—An alien may satisfy the em23 ployment requirement under section 5(a)(1)(C)(iii) 

24 by submitting records that— 


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1 (A) establish compliance with such employ2 ment requirement; and 

3 (B) have been maintained by the Social Se4 curity Administration, the Internal Revenue 

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

6 government agency. 

7 (2) OTHER DOCUMENTS.—An alien who is un8 able to submit the records described in paragraph 

9 (1) may satisfy the employment requirement by sub10 mitting at least 2 types of reliable documents that 

11 provide evidence of employment, including— 

12 (A) bank records; 

13 (B) business records; 

14 (C) employer records; 

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

16 center, or organization that assists workers in 

17 employment; 

18 (E) sworn affidavits from individuals who 

19 are not related to the alien and who have direct 

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

21 (i) the name, address, and telephone 

22 number of the affiant; and 

23 (ii) the nature and duration of the re24 lationship between the affiant and the 

25 alien; and 


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1 (F) remittance records. 

2 (l) AUTHORITY TO PROHIBIT USE OF CERTAIN DOC3 UMENTS.—If the Secretary determines, after publication 

4 in the Federal Register and an opportunity for public com5 ment, that any document or class of documents does not 

6 reliably establish identity or that permanent resident sta7 tus on a conditional basis is being obtained fraudulently 

8 to an unacceptable degree, the Secretary may prohibit or 

9 restrict the use of such document or class of documents. 

10 SEC. 7. RULEMAKING. 

11 (a) INITIAL PUBLICATION.—Not later than 90 days 

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

13 shall publish regulations implementing this Act in the 

14 Federal Register. Such regulations shall allow eligible indi15 viduals to immediately apply affirmatively for the relief 

16 available under section 3 without being placed in removal 

17 proceedings. 

18 (b) INTERIM REGULATIONS.—Notwithstanding sec19 tion 553 of title 5, United States Code, the regulations 

20 published pursuant to subsection (a) shall be effective, on 

21 an interim basis, immediately upon publication in the Fed22 eral Register, but may be subject to change and revision 

23 after public notice and opportunity for a period of public 

24 comment. 


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1 (c) FINAL REGULATIONS.—Not later than 180 days 

2 after the date on which interim regulations are published 

3 under this section, the Secretary shall publish final regula4 tions implementing this Act. 

5 (d) PAPERWORK REDUCTION ACT.—The require6 ments under chapter 35 of title 44, United States Code 

7 (commonly known as the ‘‘Paperwork Reduction Act’’), 

8 shall not apply to any action to implement this Act. 

9 SEC. 8. CONFIDENTIALITY OF INFORMATION. 

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

11 or use information provided in applications filed under this 

12 Act or in requests for DACA for the purpose of immigra13 tion enforcement. 

14 (b) REFERRALS PROHIBITED.—The Secretary may 

15 not refer any individual who has been granted permanent 

16 resident status on a conditional basis or who was granted 

17 DACA to U.S. Immigration and Customs Enforcement, 

18 U.S. Customs and Border Protection, or any designee of 

19 either such entity. 

20 (c) LIMITED EXCEPTION.—Notwithstanding sub21 sections (a) and (b), information provided in an applica22 tion for permanent resident status on a conditional basis 

23 or a request for DACA may be shared with Federal secu24 rity and law enforcement agencies— 


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1 (1) for assistance in the consideration of an ap2 plication for permanent resident status on a condi3 tional basis; 

4 (2) to identify or prevent fraudulent claims; 

5 (3) for national security purposes; or 

6 (4) for the investigation or prosecution of any 

7 felony not related to immigration status. 

8 (d) PENALTY.—Any person who knowingly uses, pub9 lishes, or permits information to be examined in violation 

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

11 SEC. 9. RESTORATION OF STATE OPTION TO DETERMINE 

12 RESIDENCY FOR PURPOSES OF HIGHER EDU13 CATION BENEFITS. 

14 (a) IN GENERAL.—Section 505 of the Illegal Immi15 gration Reform and Immigrant Responsibility Act of 1996 

16 (8 U.S.C. 1623) is repealed. 

17 (b) EFFECTIVE DATE.—The repeal under subsection 

18 (a) shall take effect as if included in the original enact19 ment of the Illegal Immigration Reform and Immigrant 

20 Responsibility Act of 1996 (division C of Public Law 104– 

21 208; 110 Stat. 3009–546). 

Æ 


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