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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2820 Reported in House (RH)]

<DOC>

                                                  Union Calendar No. 73
116th CONGRESS
  1st Session
                                H. R. 2820

                          [Report No. 116-98]

 To authorize the cancellation of removal and adjustment of status of 
   certain individuals who are long-term United States residents and 
     entered the United States as children, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 2019

Ms. Roybal-Allard introduced the following bill; which was referred to 
                     the Committee on the Judiciary

                              May 30, 2019

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 17, 
                                 2019]

_______________________________________________________________________

                                 A BILL

 
 To authorize the cancellation of removal and adjustment of status of 
   certain individuals who are long-term United States residents and 
     entered the United States as children, and for other purposes.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dream Act of 2019''.

   TITLE I--TREATMENT OF CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE 
                       UNITED STATES AS CHILDREN

SEC. 101. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS FOR CERTAIN 
              LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS 
              CHILDREN.

    (a) Conditional Basis for Status.--Notwithstanding any other 
provision of law, and except as provided in section 103(c)(2), an alien 
shall be considered, at the time of obtaining the status of an alien 
lawfully admitted for permanent residence under this section, to have 
obtained such status on a conditional basis subject to the provisions 
of this Act.
    (b) Requirements.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary or the Attorney General shall cancel the 
        removal of, and adjust to the status of an alien lawfully 
        admitted for permanent residence on a conditional basis, or 
        without the conditional basis as provided in section 103(c)(2), 
        an alien who is inadmissible or deportable from the United 
        States (or is under a grant of Deferred Enforced Departure or 
        has temporary protected status under section 244 of the 
        Immigration and Nationality Act (8 U.S.C. 1254a)) if--
                    (A) the alien has been continuously physically 
                present in the United States since the date that is 4 
                years before the date of the enactment of this Act;
                    (B) the alien was younger than 18 years of age on 
                the date on which the alien entered the United States 
                and has continuously resided in the United States since 
                such entry;
                    (C) the alien--
                            (i) subject to section 203(d), is not 
                        inadmissible under paragraph (1), (6)(E), 
                        (6)(G), (8), or (10) of section 212(a) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1182(a));
                            (ii) has not ordered, incited, assisted, or 
                        otherwise participated in the persecution of 
                        any person on account of race, religion, 
                        nationality, membership in a particular social 
                        group, or political opinion; and
                            (iii) is not barred from adjustment of 
                        status under this Act based on the criminal and 
                        national security grounds described under 
                        subsection (c), subject to the provisions of 
                        such subsection; and
                    (D) the alien--
                            (i) has been admitted to an institution of 
                        higher education;
                            (ii) has been admitted to an area career 
                        and technical education school at the 
                        postsecondary level;
                            (iii) in the United States, has obtained--
                                    (I) a high school diploma or a 
                                commensurate alternative award from a 
                                public or private high school;
                                    (II) a General Education 
                                Development credential, a high school 
                                equivalency diploma recognized under 
                                State law, or another similar State-
                                authorized credential;
                                    (III) a credential or certificate 
                                from an area career and technical 
                                education school at the secondary 
                                level; or
                                    (IV) a recognized postsecondary 
                                credential; or
                            (iv) is enrolled in secondary school or in 
                        an education program assisting students in--
                                    (I) obtaining a high school diploma 
                                or its recognized equivalent under 
                                State law;
                                    (II) passing the General Education 
                                Development test, a high school 
                                equivalence diploma examination, or 
                                other similar State-authorized exam;
                                    (III) obtaining a certificate or 
                                credential from an area career and 
                                technical education school providing 
                                education at the secondary level; or
                                    (IV) obtaining a recognized 
                                postsecondary credential.
            (2) Application fee.--
                    (A) In general.--The Secretary may, subject to an 
                exemption under section 203(c), require an alien 
                applying under this section to pay a reasonable fee 
                that is commensurate with the cost of processing the 
                application but does not exceed $495.00.
                    (B) Special procedure for applicants with daca.--
                The Secretary shall establish a streamlined procedure 
                for aliens who have been granted DACA and who meet the 
                requirements for renewal (under the terms of the 
                program in effect on January 1, 2017) to apply for 
                cancellation of removal and adjustment of status to 
                that of an alien lawfully admitted for permanent 
                residence on a conditional basis under this section, or 
                without the conditional basis as provided in section 
                103(c)(2). Such procedure shall not include a 
                requirement that the applicant pay a fee, except that 
                the Secretary may require an applicant who meets the 
                requirements for lawful permanent residence without the 
                conditional basis under section 103(c)(2) to pay a fee 
                that is commensurate with the cost of processing the 
                application, subject to the exemption under section 
                203(c).
            (3) Background checks.--The Secretary may not grant an 
        alien permanent resident status on a conditional basis under 
        this section until the requirements of section 202 are 
        satisfied.
            (4) Military selective service.--An alien applying for 
        permanent resident status on a conditional basis under this 
        section, or without the conditional basis as provided in 
        section 103(c)(2), shall establish that the alien has 
        registered under the Military Selective Service Act (50 U.S.C. 
        3801 et seq.), if the alien is subject to registration under 
        such Act.
    (c) Criminal and National Security Bars.--
            (1) Grounds of ineligibility.--Except as provided in 
        paragraph (2), an alien is ineligible for adjustment of status 
        under this Act (whether on a conditional basis or without the 
        conditional basis as provided in section 103(c)(2)) if any of 
        the following apply:
                    (A) The alien is inadmissible under paragraph (2) 
                or (3) of section 212(a) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(a)).
                    (B) Excluding any offense under State law for which 
                an essential element is the alien's immigration status, 
                and any minor traffic offense, the alien has been 
                convicted of--
                            (i) any felony offense;
                            (ii) 3 or more misdemeanor offenses 
                        (excluding simple possession of cannabis or 
                        cannabis-related paraphernalia, any offense 
                        involving cannabis or cannabis-related 
                        paraphernalia which is no longer prosecutable 
                        in the State in which the conviction was 
                        entered, and any offense involving civil 
                        disobedience without violence) not occurring on 
                        the same date, and not arising out of the same 
                        act, omission, or scheme of misconduct; or
                            (iii) a misdemeanor offense of domestic 
                        violence, unless the alien demonstrates that 
                        such crime is related to the alien having 
                        been--
                                    (I) a victim of domestic violence, 
                                sexual assault, stalking, child abuse 
                                or neglect, abuse or neglect in later 
                                life, or human trafficking;
                                    (II) battered or subjected to 
                                extreme cruelty; or
                                    (III) a victim of criminal activity 
                                described in section 101(a)(15)(U)(iii) 
                                of the Immigration and Nationality Act 
                                (8 U.S.C. 1101(a)(15)(U)(iii)).
            (2) Waivers for certain misdemeanors.--For humanitarian 
        purposes, family unity, or if otherwise in the public interest, 
        the Secretary may--
                    (A) waive the grounds of inadmissibility under 
                subparagraphs (A), (C), and (D) of section 212(a)(2) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1182(a)(2)), unless the conviction forming the basis 
                for inadmissibility would otherwise render the alien 
                ineligible under paragraph (1)(B) (subject to 
                subparagraph (B)); and
                    (B) for purposes of clauses (ii) and (iii) of 
                paragraph (1)(B), waive consideration of--
                            (i) one misdemeanor offense if the alien 
                        has not been convicted of any offense in the 5-
                        year period preceding the date on which the 
                        alien applies for adjustment of status under 
                        this Act; or
                            (ii) up to two misdemeanor offenses if the 
                        alien has not been convicted of any offense in 
                        the 10-year period preceding the date on which 
                        the alien applies for adjustment of status 
                        under this Act.
            (3) Authority to conduct secondary review.--
                    (A) In general.--Notwithstanding an alien's 
                eligibility for adjustment of status under this Act, 
                and subject to the procedures described in this 
                paragraph, the Secretary of Homeland Security may, as a 
                matter of non-delegable discretion, provisionally deny 
                an application for adjustment of status (whether on a 
                conditional basis or without the conditional basis as 
                provided in section 103(c)(2)) if the Secretary, based 
                on clear and convincing evidence, which shall include 
                credible law enforcement information, determines that 
                the alien is described in subparagraph (B) or (D).
                    (B) Public safety.--An alien is described in this 
                subparagraph if--
                            (i) excluding simple possession of cannabis 
                        or cannabis-related paraphernalia, any offense 
                        involving cannabis or cannabis-related 
                        paraphernalia which is no longer prosecutable 
                        in the State in which the conviction was 
                        entered, any offense under State law for which 
                        an essential element is the alien's immigration 
                        status, any offense involving civil 
                        disobedience without violence, and any minor 
                        traffic offense, the alien--
                                    (I) has been convicted of a 
                                misdemeanor offense punishable by a 
                                term of imprisonment of more than 30 
                                days; or
                                    (II) has been adjudicated 
                                delinquent in a State or local juvenile 
                                court proceeding that resulted in a 
                                disposition ordering placement in a 
                                secure facility; and
                            (ii) the alien poses a significant and 
                        continuing threat to public safety related to 
                        such conviction or adjudication.
                    (C) Public safety determination.--For purposes of 
                subparagraph (B)(ii), the Secretary shall consider the 
                recency of the conviction or adjudication; the length 
                of any imposed sentence or placement; the nature and 
                seriousness of the conviction or adjudication, 
                including whether the elements of the offense include 
                the unlawful possession or use of a deadly weapon to 
                commit an offense or other conduct intended to cause 
                serious bodily injury; and any mitigating factors 
                pertaining to the alien's role in the commission of the 
                offense.
                    (D) Gang participation.--An alien is described in 
                this subparagraph if the alien has, within the 5 years 
                immediately preceding the date of the application, 
                knowingly, willfully, and voluntarily participated in 
                offenses committed by a criminal street gang (as 
                described in subsections (a) and (c) of section 521 of 
                title 18, United States Code) with the intent to 
                promote or further the commission of such offenses.
                    (E) Evidentiary limitation.--For purposes of 
                subparagraph (D), allegations of gang membership 
                obtained from a State or Federal in-house or local 
                database, or a network of databases used for the 
                purpose of recording and sharing activities of alleged 
                gang members across law enforcement agencies, shall not 
                establish the participation described in such 
                paragraph.
                    (F) Notice.--
                            (i) In general.--Prior to rendering a 
                        discretionary decision under this paragraph, 
                        the Secretary of Homeland Security shall 
                        provide written notice of the intent to 
                        provisionally deny the application to the alien 
                        (or the alien's counsel of record, if any) by 
                        certified mail and, if an electronic mail 
                        address is provided, by electronic mail (or 
                        other form of electronic communication). Such 
                        notice shall--
                                    (I) articulate with specificity all 
                                grounds for the preliminary 
                                determination, including the evidence 
                                relied upon to support the 
                                determination; and
                                    (II) provide the alien with not 
                                less than 90 days to respond.
                            (ii) Second notice.--Not more than 30 days 
                        after the issuance of the notice under clause 
                        (i), the Secretary of Homeland Security shall 
                        provide a second written notice that meets the 
                        requirements of such clause.
                            (iii) Notice not received.--Notwithstanding 
                        any other provision of law, if an applicant 
                        provides good cause for not contesting a 
                        provisional denial under this paragraph, 
                        including a failure to receive notice as 
                        required under this subparagraph, the Secretary 
                        of Homeland Security shall, upon a motion filed 
                        by the alien, reopen an application for 
                        adjustment of status under this Act and allow 
                        the applicant an opportunity to respond, 
                        consistent with clause (i)(II).
                    (G) Judicial review.--An alien is entitled to 
                judicial review of the Secretary's decision to 
                provisionally deny an application under this paragraph 
                in accordance with the procedures described in section 
                206(c).
            (4) Definitions.--For purposes of this subsection--
                    (A) the term ``felony offense'' means an offense 
                under Federal or State law that is punishable by a 
                maximum term of imprisonment of more than 1 year;
                    (B) the term ``misdemeanor offense'' means an 
                offense under Federal or State law that is punishable 
                by a term of imprisonment of more than 5 days but not 
                more than 1 year;
                    (C) the term ``crime of domestic violence'' means 
                any offense that has as an element the use, attempted 
                use, or threatened use of physical force against a 
                person committed by a current or former spouse of the 
                person, by an individual with whom the person shares a 
                child in common, by an individual who is cohabiting 
                with or has cohabited with the person as a spouse, by 
                an individual similarly situated to a spouse of the 
                person under the domestic or family violence laws of 
                the jurisdiction where the offense occurs, or by any 
                other individual against a person who is protected from 
                that individual's acts under the domestic or family 
                violence laws of the United States or any State, Indian 
                tribal government, or unit of local government; and
                    (D) the term ``convicted'' or ``conviction'' does 
                not include a judgment that has been expunged or set 
                aside, that resulted in a rehabilitative disposition, 
                or the equivalent.
    (d) Limitation on Removal of Certain Alien Minors.--An alien who is 
under 18 years of age and meets the requirements under subparagraphs 
(A), (B), and (C) of subsection (b)(1) shall be provided a reasonable 
opportunity to meet the educational requirements under subparagraph (D) 
of such subsection. The Attorney General or the Secretary may not 
commence or continue with removal proceedings against such an alien.
    (e) Withdrawal of Application.--The Secretary of Homeland Security 
shall, upon receipt of a request to withdraw an application for 
adjustment of status under this section, cease processing of the 
application, and close the case. Withdrawal of the application under 
this subsection shall not prejudice any future application filed by the 
applicant for any immigration benefit under this Act or under the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

SEC. 102. TERMS OF PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS.

    (a) Period of Status.--Permanent resident status on a conditional 
basis is--
            (1) valid for a period of 10 years, unless such period is 
        extended by the Secretary; and
            (2) subject to revocation under subsection (c).
    (b) Notice of Requirements.--At the time an alien obtains permanent 
resident status on a conditional basis, the Secretary shall provide 
notice to the alien regarding the provisions of this Act and the 
requirements to have the conditional basis of such status removed.
    (c) Revocation of Status.--The Secretary may revoke the permanent 
resident status on a conditional basis of an alien only if the 
Secretary--
            (1) determines that the alien ceases to meet the 
        requirements under section 101(b)(1)(C); and
            (2) prior to the revocation, provides the alien--
                    (A) notice of the proposed revocation; and
                    (B) the opportunity for a hearing to provide 
                evidence that the alien meets such requirements or 
                otherwise to contest the proposed revocation.
    (d) Return to Previous Immigration Status.--An alien whose 
permanent resident status on a conditional basis expires under 
subsection (a)(1) or is revoked under subsection (c), shall return to 
the immigration status that the alien had immediately before receiving 
permanent resident status on a conditional basis.

SEC. 103. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT STATUS.

    (a) Eligibility for Removal of Conditional Basis.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        shall remove the conditional basis of an alien's permanent 
        resident status granted under this Act and grant the alien 
        status as an alien lawfully admitted for permanent residence if 
        the alien--
                    (A) is described in section 101(b)(1)(C);
                    (B) has not abandoned the alien's residence in the 
                United States during the period in which the alien has 
                permanent resident status on a conditional basis; and
                    (C)(i) has obtained a degree from an institution of 
                higher education, or has completed at least 2 years, in 
                good standing, of a program in the United States 
                leading to a bachelor's degree or higher degree or a 
                recognized postsecondary credential from an area career 
                and technical education school providing education at 
                the postsecondary level;
                    (ii) has served in the Uniformed Services for at 
                least 2 years and, if discharged, received an honorable 
                discharge; or
                    (iii) demonstrates earned income for periods 
                totaling at least 3 years and at least 75 percent of 
                the time that the alien has had a valid employment 
                authorization, except that, in the case of an alien who 
                was enrolled in an institution of higher education, an 
                area career and technical education school to obtain a 
                recognized postsecondary credential, or an education 
                program described in section 101(b)(1)(D)(iii), the 
                Secretary shall reduce such total 3-year requirement by 
                the total of such periods of enrollment.
            (2) Hardship exception.--The Secretary shall remove the 
        conditional basis of an alien's permanent resident status and 
        grant the alien status as an alien lawfully admitted for 
        permanent residence if the alien--
                    (A) satisfies the requirements under subparagraphs 
                (A) and (B) of paragraph (1);
                    (B) demonstrates compelling circumstances for the 
                inability to satisfy the requirements under 
                subparagraph (C) of such paragraph; and
                    (C) demonstrates that--
                            (i) the alien has a disability;
                            (ii) the alien is a full-time caregiver; or
                            (iii) the removal of the alien from the 
                        United States would result in hardship to the 
                        alien or the alien's spouse, parent, or child 
                        who is a national of the United States or is 
                        lawfully admitted for permanent residence.
            (3) Citizenship requirement.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the conditional basis of an alien's permanent 
                resident status granted under this Act may not be 
                removed unless the alien demonstrates that the alien 
                satisfies the requirements under section 312(a) of the 
                Immigration and Nationality Act (8 U.S.C. 1423(a)).
                    (B) Exception.--Subparagraph (A) shall not apply to 
                an alien who is unable to meet the requirements under 
                such section 312(a) due to disability.
            (4) Application fee.--The Secretary may, subject to an 
        exemption under section 203(c), require aliens applying for 
        removal of the conditional basis of an alien's permanent 
        resident status under this section to pay a reasonable fee that 
        is commensurate with the cost of processing the application.
            (5) Background check.--The Secretary may not remove the 
        conditional basis of an alien's permanent resident status until 
        the requirements of section 202 are satisfied.
    (b) Treatment for Purposes of Naturalization.--
            (1) In general.--For purposes of title III of the 
        Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an 
        alien granted permanent resident status on a conditional basis 
        shall be considered to have been admitted to the United States, 
        and be present in the United States, as an alien lawfully 
        admitted for permanent residence.
            (2) Limitation on application for naturalization.--An alien 
        may not apply for naturalization while the alien is in 
        permanent resident status on a conditional basis.
    (c) Timing of Approval of Lawful Permanent Resident Status.--
            (1) In general.--An alien granted permanent resident status 
        on a conditional basis under this Act may apply to have such 
        conditional basis removed at any time after such alien has met 
        the eligibility requirements set forth in subsection (a).
            (2) Approval with regard to initial applications.--
                    (A) In general.--Notwithstanding any other 
                provision of law, the Secretary or the Attorney General 
                shall cancel the removal of, and adjust to the status 
                of an alien lawfully admitted for permanent resident 
                status without conditional basis, any alien who--
                            (i) demonstrates eligibility for lawful 
                        permanent residence status on a conditional 
                        basis under section 101(b); and
                            (ii) subject to the exceptions described in 
                        subsections (a)(2) and (a)(3)(B) of this 
                        section, already has fulfilled the requirements 
                        of paragraphs (1) and (3) of subsection (a) of 
                        this section at the time such alien first 
                        submits an application for benefits under this 
                        Act.
                    (B) Background checks.--Subsection (a)(5) shall 
                apply to an alien seeking lawful permanent resident 
                status without conditional basis in an initial 
                application in the same manner as it applies to an 
                alien seeking removal of the conditional basis of an 
                alien's permanent resident status. Section 101(b)(3) 
                shall not be construed to require the Secretary to 
                conduct more than one identical security or law 
                enforcement background check on such an alien.
                    (C) Application fees.--In the case of an alien 
                seeking lawful permanent resident status without 
                conditional basis in an initial application, the alien 
                shall pay the fee required under subsection (a)(4), 
                subject to the exemption allowed under section 203(c), 
                but shall not be required to pay the application fee 
                under section 101(b)(2).

                      TITLE II--GENERAL PROVISIONS

SEC. 201. DEFINITIONS.

    In this Act:
            (1) In general.--Except as otherwise specifically provided, 
        any term used in this Act that is used in the immigration laws 
        shall have the meaning given such term in the immigration laws.
            (2) Appropriate united states district court.--The term 
        ``appropriate United States district court'' mean the United 
        States District Court for the District of Columbia or the 
        United States district court with jurisdiction over the alien's 
        principal place of residence.
            (3) Area career and technical education school.--The term 
        ``area career and technical education school'' has the meaning 
        given such term in section 3 of the Carl D. Perkins Career and 
        Technical Education Act of 2006 (20 U.S.C. 2302).
            (4) DACA.--The term ``DACA'' means deferred action granted 
        to an alien pursuant to the Deferred Action for Childhood 
        Arrivals policy announced by the Secretary of Homeland Security 
        on June 15, 2012.
            (5) Disability.--The term ``disability'' has the meaning 
        given such term in section 3(1) of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12102(1)).
            (6) Federal poverty line.--The term ``Federal poverty 
        line'' has the meaning given such term in section 213A(h) of 
        the Immigration and Nationality Act (8 U.S.C. 1183a).
            (7) High school; secondary school.--The terms ``high 
        school'' and ``secondary school'' have the meanings given such 
        terms in section 8101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).
            (8) Immigration laws.--The term ``immigration laws'' has 
        the meaning given such term in section 101(a)(17) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
            (9) Institution of higher education.--The term 
        ``institution of higher education''--
                    (A) except as provided in subparagraph (B), has the 
                meaning given such term in section 102 of the Higher 
                Education Act of 1965 (20 U.S.C. 1002); and
                    (B) does not include an institution of higher 
                education outside of the United States.
            (10) Recognized postsecondary credential.--The term 
        ``recognized postsecondary credential'' has the meaning given 
        such term in section 3 of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3102).
            (11) Secretary.--Except as otherwise specifically provided, 
        the term ``Secretary'' means the Secretary of Homeland 
        Security.
            (12) Uniformed services.--The term ``Uniformed Services'' 
        has the meaning given the term ``uniformed services'' in 
        section 101(a) of title 10, United States Code.

SEC. 202. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA; BACKGROUND 
              CHECKS.

    (a) Submission of Biometric and Biographic Data.--The Secretary may 
not grant an alien adjustment of status under this Act, on either a 
conditional or permanent basis, unless the alien submits biometric and 
biographic data, in accordance with procedures established by the 
Secretary. The Secretary shall provide an alternative procedure for 
aliens who are unable to provide such biometric or biographic data 
because of a physical impairment.
    (b) Background Checks.--The Secretary shall use biometric, 
biographic, and other data that the Secretary determines appropriate to 
conduct security and law enforcement background checks and to determine 
whether there is any criminal, national security, or other factor that 
would render the alien ineligible for adjustment of status under this 
Act, on either a conditional or permanent basis. The status of an alien 
may not be adjusted, on either a conditional or permanent basis, unless 
security and law enforcement background checks are completed to the 
satisfaction of the Secretary.

SEC. 203. LIMITATION ON REMOVAL; APPLICATION AND FEE EXEMPTION; WAIVER 
              OF GROUNDS FOR INADMISSIBILITY AND OTHER CONDITIONS ON 
              ELIGIBLE INDIVIDUALS.

    (a) Limitation on Removal.--An alien who appears to be prima facie 
eligible for relief under this Act shall be given a reasonable 
opportunity to apply for such relief and may not be removed until, 
subject to section 206(c), a final decision establishing ineligibility 
for relief is rendered.
    (b) Application.--An alien present in the United States who has 
been ordered removed or has been permitted to depart voluntarily from 
the United States may, notwithstanding such order or permission to 
depart, apply for adjustment of status under this Act. Such alien shall 
not be required to file a separate motion to reopen, reconsider, or 
vacate the order of removal. If the Secretary approves the application, 
the Secretary shall cancel the order of removal. If the Secretary 
renders a final administrative decision to deny the application, the 
order of removal or permission to depart shall be effective and 
enforceable to the same extent as if the application had not been made, 
only after all available administrative and judicial remedies have been 
exhausted.
    (c) Fee Exemption.--An applicant may be exempted from paying an 
application fee required under this Act if the applicant--
            (1) is younger than 18 years of age;
            (2) received total income, during the 12-month period 
        immediately preceding the date on which the applicant files an 
        application under this Act, that is less than 150 percent of 
        the Federal poverty line;
            (3) is in foster care or otherwise lacks any parental or 
        other familial support; or
            (4) cannot care for himself or herself because of a 
        serious, chronic disability.
    (d) Waiver of Grounds of Inadmissibility.--With respect to any 
benefit under this Act, and in addition to the waivers under section 
101(c)(2), the Secretary may waive the grounds of inadmissibility under 
paragraph (1), (6)(E), (6)(G), or (10)(D) of section 212(a) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)) for humanitarian 
purposes, for family unity, or because the waiver is otherwise in the 
public interest.
    (e) Advance Parole.--During the period beginning on the date on 
which an alien applies for adjustment of status under this Act and 
ending on the date on which the Secretary makes a final decision 
regarding such application, the alien shall be eligible to apply for 
advance parole. Section 101(g) of the Immigration and Nationality Act 
(8 U.S.C. 1101(g)) shall not apply to an alien granted advance parole 
under this section.
    (f) Employment.--An alien whose removal is stayed pursuant to this 
Act, who may not be placed in removal proceedings pursuant to this Act, 
or who has pending an application under this Act, shall, upon 
application to the Secretary, be granted an employment authorization 
document.

SEC. 204. DETERMINATION OF CONTINUOUS PRESENCE AND RESIDENCE.

    (a) Effect of Notice to Appear.--Any period of continuous physical 
presence or continuous residence in the United States of an alien who 
applies for permanent resident status under this Act (whether on a 
conditional basis or without the conditional basis as provided in 
section 103(c)(2)) shall not terminate when the alien is served a 
notice to appear under section 239(a) of the Immigration and 
Nationality Act (8 U.S.C. 1229(a)).
    (b) Treatment of Certain Breaks in Presence or Residence.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), an alien shall be considered to have failed to maintain--
                    (A) continuous physical presence in the United 
                States under this Act if the alien has departed from 
                the United States for any period exceeding 90 days or 
                for any periods, in the aggregate, exceeding 180 days; 
                and
                    (B) continuous residence in the United States under 
                this Act if the alien has departed from the United 
                States for any period exceeding 180 days, unless the 
                alien establishes to the satisfaction of the Secretary 
                of Homeland Security that the alien did not in fact 
                abandon residence in the United States during such 
                period.
            (2) Extensions for extenuating circumstances.--The 
        Secretary may extend the time periods described in paragraph 
        (1) for an alien who demonstrates that the failure to timely 
        return to the United States was due to extenuating 
        circumstances beyond the alien's control, including the serious 
        illness of the alien, or death or serious illness of a parent, 
        grandparent, sibling, or child of the alien.
            (3) Travel authorized by the secretary.--Any period of 
        travel outside of the United States by an alien that was 
        authorized by the Secretary may not be counted toward any 
        period of departure from the United States under paragraph (1).
    (c) Waiver of Physical Presence.--With respect to aliens who were 
removed or departed the United States on or after January 20, 2017, and 
who were continuously physically present in the United States for at 
least 4 years prior to such removal or departure, the Secretary may, as 
a matter of discretion, waive the physical presence requirement under 
section 101(b)(1)(A) for humanitarian purposes, for family unity, or 
because a waiver is otherwise in the public interest. The Secretary, in 
consultation with the Secretary of State, shall establish a procedure 
for such aliens to apply for relief under section 101 from outside the 
United States if they would have been eligible for relief under such 
section, but for their removal or departure.

SEC. 205. EXEMPTION FROM NUMERICAL LIMITATIONS.

    Nothing in this Act or in any other law may be construed to apply a 
numerical limitation on the number of aliens who may be granted 
permanent resident status under this Act (whether on a conditional 
basis, or without the conditional basis as provided in section 
103(c)(2)).

SEC. 206. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL REVIEW.

    (a) Administrative Review.--Not later than 30 days after the date 
of the enactment of this Act, the Secretary shall provide to aliens who 
have applied for adjustment of status under this Act a process by which 
an applicant may seek administrative appellate review of a denial of an 
application for adjustment of status, or a revocation of such status.
    (b) Judicial Review.--Except as provided in subsection (c), and 
notwithstanding any other provision of law, an alien may seek judicial 
review of a denial of an application for adjustment of status, or a 
revocation of such status, under this Act in an appropriate United 
States district court.
    (c) Judicial Review of a Provisional Denial.--
            (1) In general.--Notwithstanding any other provision of 
        law, if, after notice and the opportunity to respond under 
        section 101(c)(3)(E), the Secretary provisionally denies an 
        application for adjustment of status under this Act, the alien 
        shall have 60 days from the date of the Secretary's 
        determination to seek review of such determination in an 
        appropriate United States district court.
            (2) Scope of review and decision.--Notwithstanding any 
        other provision of law, review under paragraph (1) shall be de 
        novo and based solely on the administrative record, except that 
        the applicant shall be given the opportunity to supplement the 
        administrative record and the Secretary shall be given the 
        opportunity to rebut the evidence and arguments raised in such 
        submission. Upon issuing its decision, the court shall remand 
        the matter, with appropriate instructions, to the Department of 
        Homeland Security to render a final decision on the 
        application.
            (3) Appointed counsel.--Notwithstanding any other provision 
        of law, an applicant seeking judicial review under paragraph 
        (1) shall be represented by counsel. Upon the request of the 
        applicant, counsel shall be appointed for the applicant, in 
        accordance with procedures to be established by the Attorney 
        General within 90 days of the date of the enactment of this 
        Act, and shall be funded in accordance with fees collected and 
        deposited in the Immigration Counsel Account under section 212.
    (d) Stay of Removal.--
            (1) In general.--Except as provided in paragraph (2), an 
        alien seeking administrative or judicial review under this Act 
        may not be removed from the United States until a final 
        decision is rendered establishing that the alien is ineligible 
        for adjustment of status under this Act.
            (2) Exception.--The Secretary may remove an alien described 
        in paragraph (1) pending judicial review if such removal is 
        based on criminal or national security grounds described in 
        this Act. Such removal shall not affect the alien's right to 
        judicial review under this Act. The Secretary shall promptly 
        return a removed alien if a decision to deny an application for 
        adjustment of status under this Act, or to revoke such status, 
        is reversed.

SEC. 207. DOCUMENTATION REQUIREMENTS.

    (a) Documents Establishing Identity.--An alien's application for 
permanent resident status under this Act (whether on a conditional 
basis, or without the conditional basis as provided in section 
103(c)(2)) may include, as evidence of identity, the following:
            (1) A passport or national identity document from the 
        alien's country of origin that includes the alien's name and 
        the alien's photograph or fingerprint.
            (2) The alien's birth certificate and an identity card that 
        includes the alien's name and photograph.
            (3) A school identification card that includes the alien's 
        name and photograph, and school records showing the alien's 
        name and that the alien is or was enrolled at the school.
            (4) A Uniformed Services identification card issued by the 
        Department of Defense.
            (5) Any immigration or other document issued by the United 
        States Government bearing the alien's name and photograph.
            (6) A State-issued identification card bearing the alien's 
        name and photograph.
            (7) Any other evidence determined to be credible by the 
        Secretary.
    (b) Documents Establishing Entry, Continuous Physical Presence, 
Lack of Abandonment of Residence.--To establish that an alien was 
younger than 18 years of age on the date on which the alien entered the 
United States, and has continuously resided in the United States since 
such entry, as required under section 101(b)(1)(B), that an alien has 
been continuously physically present in the United States, as required 
under section 101(b)(1)(A), or that an alien has not abandoned 
residence in the United States, as required under section 103(a)(1)(B), 
the alien may submit the following forms of evidence:
            (1) Passport entries, including admission stamps on the 
        alien's passport.
            (2) Any document from the Department of Justice or the 
        Department of Homeland Security noting the alien's date of 
        entry into the United States.
            (3) Records from any educational institution the alien has 
        attended in the United States.
            (4) Employment records of the alien that include the 
        employer's name and contact information, or other records 
        demonstrating earned income.
            (5) Records of service from the Uniformed Services.
            (6) Official records from a religious entity confirming the 
        alien's participation in a religious ceremony.
            (7) A birth certificate for a child who was born in the 
        United States.
            (8) Hospital or medical records showing medical treatment 
        or hospitalization, the name of the medical facility or 
        physician, and the date of the treatment or hospitalization.
            (9) Automobile license receipts or registration.
            (10) Deeds, mortgages, or rental agreement contracts.
            (11) Rent receipts or utility bills bearing the alien's 
        name or the name of an immediate family member of the alien, 
        and the alien's address.
            (12) Tax receipts.
            (13) Insurance policies.
            (14) Remittance records, including copies of money order 
        receipts sent in or out of the country.
            (15) Travel records.
            (16) Dated bank transactions.
            (17) Two or more sworn affidavits from individuals who are 
        not related to the alien who have direct knowledge of the 
        alien's continuous physical presence in the United States, that 
        contain--
                    (A) the name, address, and telephone number of the 
                affiant; and
                    (B) the nature and duration of the relationship 
                between the affiant and the alien.
            (18) Any other evidence determined to be credible by the 
        Secretary.
    (c) Documents Establishing Admission to an Institution of Higher 
Education.--To establish that an alien has been admitted to an 
institution of higher education, the alien may submit to the Secretary 
a document from the institution of higher education certifying that the 
alien--
            (1) has been admitted to the institution; or
            (2) is currently enrolled in the institution as a student.
    (d) Documents Establishing Receipt of a Degree From an Institution 
of Higher Education.--To establish that an alien has acquired a degree 
from an institution of higher education in the United States, the alien 
may submit to the Secretary a diploma or other document from the 
institution stating that the alien has received such a degree.
    (e) Documents Establishing Receipt of a High School Diploma, 
General Educational Development Credential, or a Recognized 
Equivalent.--To establish that in the United States an alien has earned 
a high school diploma or a commensurate alternative award from a public 
or private high school, has obtained the General Education Development 
credential, or otherwise has satisfied section 101(b)(1)(D)(iii), the 
alien may submit to the Secretary the following:
            (1) A high school diploma, certificate of completion, or 
        other alternate award.
            (2) A high school equivalency diploma or certificate 
        recognized under State law.
            (3) Evidence that the alien passed a State-authorized exam, 
        including the General Education Development test, in the United 
        States.
            (4) Evidence that the alien successfully completed an area 
        career and technical education program, such as a 
        certification, certificate, or similar alternate award.
            (5) Evidence that the alien obtained a recognized 
        postsecondary credential.
            (6) Any other evidence determined to be credible by the 
        Secretary.
    (f) Documents Establishing Enrollment in an Educational Program.--
To establish that an alien is enrolled in any school or education 
program described in section 101(b)(1)(D)(iv) or 103(a)(1)(C), the 
alien may submit school records from the United States school that the 
alien is currently attending that include--
            (1) the name of the school; and
            (2) the alien's name, periods of attendance, and current 
        grade or educational level.
    (g) Documents Establishing Exemption From Application Fees.--To 
establish that an alien is exempt from an application fee under section 
203(c), the alien may submit to the Secretary the following relevant 
documents:
            (1) Documents to establish age.--To establish that an alien 
        meets an age requirement, the alien may provide proof of 
        identity, as described in subsection (a), that establishes that 
        the alien is younger than 18 years of age.
            (2) Documents to establish income.--To establish the 
        alien's income, the alien may provide--
                    (A) employment records or other records of earned 
                income, including records that have been maintained by 
                the Social Security Administration, the Internal 
                Revenue Service, or any other Federal, State, or local 
                government agency;
                    (B) bank records; or
                    (C) at least 2 sworn affidavits from individuals 
                who are not related to the alien and who have direct 
                knowledge of the alien's work and income that contain--
                            (i) the name, address, and telephone number 
                        of the affiant; and
                            (ii) the nature and duration of the 
                        relationship between the affiant and the alien.
            (3) Documents to establish foster care, lack of familial 
        support, or serious, chronic disability.--To establish that the 
        alien is in foster care, lacks parental or familial support, or 
        has a serious, chronic disability, the alien may provide at 
        least 2 sworn affidavits from individuals who are not related 
        to the alien and who have direct knowledge of the circumstances 
        that contain--
                    (A) a statement that the alien is in foster care, 
                otherwise lacks any parental or other familiar support, 
                or has a serious, chronic disability, as appropriate;
                    (B) the name, address, and telephone number of the 
                affiant; and
                    (C) the nature and duration of the relationship 
                between the affiant and the alien.
    (h) Documents Establishing Qualification for Hardship Exemption.--
To establish that an alien satisfies one of the criteria for the 
hardship exemption set forth in section 103(a)(2)(C), the alien may 
submit to the Secretary at least 2 sworn affidavits from individuals 
who are not related to the alien and who have direct knowledge of the 
circumstances that warrant the exemption, that contain--
            (1) the name, address, and telephone number of the affiant; 
        and
            (2) the nature and duration of the relationship between the 
        affiant and the alien.
    (i) Documents Establishing Service in the Uniformed Services.--To 
establish that an alien has served in the Uniformed Services for at 
least 2 years and, if discharged, received an honorable discharge, the 
alien may submit to the Secretary--
            (1) a Department of Defense form DD-214;
            (2) a National Guard Report of Separation and Record of 
        Service form 22;
            (3) personnel records for such service from the appropriate 
        Uniformed Service; or
            (4) health records from the appropriate Uniformed Service.
    (j) Documents Establishing Earned Income.--
            (1) In general.--An alien may satisfy the earned income 
        requirement under section 103(a)(1)(C)(iii) by submitting 
        records that--
                    (A) establish compliance with such requirement; and
                    (B) have been maintained by the Social Security 
                Administration, the Internal Revenue Service, or any 
                other Federal, State, or local government agency.
            (2) Other documents.--An alien who is unable to submit the 
        records described in paragraph (1) may satisfy the earned 
        income requirement by submitting at least 2 types of reliable 
        documents that provide evidence of employment or other forms of 
        earned income, including--
                    (A) bank records;
                    (B) business records;
                    (C) employer or contractor records;
                    (D) records of a labor union, day labor center, or 
                organization that assists workers in employment;
                    (E) sworn affidavits from individuals who are not 
                related to the alien and who have direct knowledge of 
                the alien's work, that contain--
                            (i) the name, address, and telephone number 
                        of the affiant; and
                            (ii) the nature and duration of the 
                        relationship between the affiant and the alien;
                    (F) remittance records; or
                    (G) any other evidence determined to be credible by 
                the Secretary.
    (k) Authority to Prohibit Use of Certain Documents.--If the 
Secretary determines, after publication in the Federal Register and an 
opportunity for public comment, that any document or class of documents 
does not reliably establish identity or that permanent resident status 
under this Act (whether on a conditional basis, or without the 
conditional basis as provided in section 103(c)(2)) is being obtained 
fraudulently to an unacceptable degree, the Secretary may prohibit or 
restrict the use of such document or class of documents.

SEC. 208. RULE MAKING.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall publish in the Federal 
Register interim final rules implementing this Act, which shall allow 
eligible individuals to immediately apply for relief under section 101 
or 103(c)(2). Notwithstanding section 553 of title 5, United States 
Code, the regulation shall be effective, on an interim basis, 
immediately upon publication, but may be subject to change and revision 
after public notice and opportunity for a period of public comment. The 
Secretary shall finalize such rules not later than 180 days after the 
date of publication.
    (b) Paperwork Reduction Act.--The requirements under chapter 35 of 
title 44, United States Code, (commonly known as the ``Paperwork 
Reduction Act'') shall not apply to any action to implement this Act.

SEC. 209. CONFIDENTIALITY OF INFORMATION.

    (a) In General.--The Secretary may not disclose or use information 
(including information provided during administrative or judicial 
review) provided in applications filed under this Act or in requests 
for DACA for the purpose of immigration enforcement.
    (b) Referrals Prohibited.--The Secretary, based solely on 
information provided in an application for adjustment of status under 
this Act (including information provided during administrative or 
judicial review) or an application for DACA, may not refer an applicant 
to U.S. Immigration and Customs Enforcement, U.S. Customs and Border 
Protection, or any designee of either such entity.
    (c) Limited Exception.--Notwithstanding subsections (a) and (b), 
information provided in an application for adjustment of status under 
this Act may be shared with Federal security and law enforcement 
agencies--
            (1) for assistance in the consideration of an application 
        for adjustment of status under this Act;
            (2) to identify or prevent fraudulent claims;
            (3) for national security purposes; or
            (4) for the investigation or prosecution of any felony 
        offense not related to immigration status.
    (d) Penalty.--Any person who knowingly uses, publishes, or permits 
information to be examined in violation of this section shall be fined 
not more than $10,000.

SEC. 210. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.

    (a) Establishment.--The Secretary of Homeland Security shall 
establish, within U.S. Citizenship and Immigration Services, a program 
to award grants, on a competitive basis, to eligible nonprofit 
organizations that will use the funding to assist eligible applicants 
under this Act by providing them with the services described in 
subsection (b).
    (b) Use of Funds.--Grant funds awarded under this section shall be 
used for the design and implementation of programs that provide--
            (1) information to the public regarding the eligibility and 
        benefits of permanent resident status under this Act (whether 
        on a conditional basis, or without the conditional basis as 
        provided in section 103(c)(2)), particularly to individuals 
        potentially eligible for such status;
            (2) assistance, within the scope of authorized practice of 
        immigration law, to individuals submitting applications for 
        adjustment of status under this Act (whether on a conditional 
        basis, or without the conditional basis as provided in section 
        103(c)(2)), including--
                    (A) screening prospective applicants to assess 
                their eligibility for such status;
                    (B) completing applications and petitions, 
                including providing assistance in obtaining the 
                requisite documents and supporting evidence; and
                    (C) providing any other assistance that the 
                Secretary or grantee considers useful or necessary to 
                apply for adjustment of status under this Act (whether 
                on a conditional basis, or without the conditional 
                basis as provided in section 103(c)(2)); and
            (3) assistance, within the scope of authorized practice of 
        immigration law, and instruction, to individuals--
                    (A) on the rights and responsibilities of United 
                States citizenship;
                    (B) in civics and English as a second language;
                    (C) in preparation for the General Education 
                Development test; and
                    (D) in applying for adjustment of status and United 
                States citizenship.
    (c) Authorization of Appropriations.--
            (1) Amounts authorized.--There are authorized to be 
        appropriated such sums as may be necessary for each of the 
        fiscal years 2020 through 2030 to carry out this section.
            (2) Availability.--Any amounts appropriated pursuant to 
        paragraph (1) shall remain available until expended.

SEC. 211. PROVISIONS AFFECTING ELIGIBILITY FOR ADJUSTMENT OF STATUS.

    An alien's eligibility to be lawfully admitted for permanent 
residence under this Act (whether on a conditional basis, or without 
the conditional basis as provided in section 103(c)(2)) shall not 
preclude the alien from seeking any status under any other provision of 
law for which the alien may otherwise be eligible.

SEC. 212. SUPPLEMENTARY SURCHARGE FOR APPOINTED COUNSEL.

    (a) In General.--Except as provided in section 202 and in cases 
where the applicant is exempt from paying a fee under section 203(c), 
in any case in which a fee is charged pursuant to this Act, an 
additional surcharge of $25 shall be imposed and collected for the 
purpose of providing appointed counsel to applicants seeking judicial 
review of the Secretary's decision to provisionally deny an application 
under section 206(c)(3).
    (b) Immigration Counsel Account.--There is established in the 
general fund of the Treasury a separate account which shall be known as 
the ``Immigration Counsel Account''. Fees collected under subsection 
(a) shall be deposited into the Immigration Counsel Account and shall 
to remain available until expended for purposes of providing appointed 
counsel as required under this Act.
    (c) Report.--At the end of each 2-year period, beginning with the 
establishment of this account, the Secretary of Homeland Security shall 
submit a report to the Congress concerning the status of the account, 
including any balances therein, and recommend any adjustment in the 
prescribed fee that may be required to ensure that the receipts 
collected from the fee charged for the succeeding two years equal, as 
closely as possible, the cost of providing appointed counsel as 
required under this Act.

SEC. 213. ANNUAL REPORT ON PROVISIONAL DENIAL AUTHORITY.

    Not later than 1 year after the date of the enactment of this Act, 
and annually thereafter, the Secretary of Homeland Security shall 
submit to the Congress a report detailing the number of applicants that 
receive--
            (1) a provisional denial under this Act;
            (2) a final denial under this Act without seeking judicial 
        review;
            (3) a final denial under this Act after seeking judicial 
        review; and
            (4) an approval under this Act after seeking judicial 
        review.
                                                  Union Calendar No. 73

116th CONGRESS

  1st Session

                               H. R. 2820

                          [Report No. 116-98]

_______________________________________________________________________

                                 A BILL

 To authorize the cancellation of removal and adjustment of status of 
   certain individuals who are long-term United States residents and 
     entered the United States as children, and for other purposes.

_______________________________________________________________________

                              May 30, 2019

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```