I 

109TH CONGRESS 

2D SESSION H. R. 5131 

To amend the Illegal Immigration Reform and Immigrant Responsibility 

Act of 1996 to permit States to determine State residency for higher 

education purposes and to authorize the cancellation of removal and 

adjustment of status of certain alien students who are long-term United 

States residents and who entered the United States as children, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2006 

Mr. LINCOLN DIAZ-BALART of Florida (for himself, Mr. BERMAN, Ms. ROYBAL-ALLARD, Ms. HART, Mr. LEACH, Mr. LAHOOD, Mr. SKELTON, Ms. 

ROS-LEHTINEN, Ms. HARMAN, Mr. MARIO DIAZ-BALART of Florida, Mr. 

GUTIERREZ, Mr. FORTUN ̃O, and Mr. SABO) introduced the following bill; 

which was referred to the Committee on the Judiciary, and in addition 

to the Committee on Education and the Workforce, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Illegal Immigration Reform and Immigrant 

Responsibility Act of 1996 to permit States to determine 

State residency for higher education purposes and to 

authorize the cancellation of removal and adjustment 

of status of certain alien students who are long-term 

United States residents and who entered the United 

States as children, and for other purposes. 


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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 ‘‘American Dream Act’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) INSTITUTION OF HIGHER EDUCATION.—The 

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

9 meaning given that term in section 101 of the High10 er Education Act of 1965 (20 U.S.C. 1001). 

11 (2) UNIFORMED SERVICES.—The term ‘‘uni12 formed services’’ has the meaning given that term in 

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

14 SEC. 3. RESTORATION OF STATE OPTION TO DETERMINE 

15 RESIDENCY FOR PURPOSES OF HIGHER EDU16 CATION BENEFITS. 

17 (a) IN GENERAL.—Section 505 of the Illegal Immi18 gration Reform and Immigrant Responsibility Act of 1996 

19 (8 U.S.C. 1623) is repealed. 

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

21 (a) shall take effect as if included in the enactment of the 

22 Illegal Immigration Reform and Immigrant Responsibility 

23 Act of 1996. 


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1 SEC. 4. CANCELLATION OF REMOVAL AND ADJUSTMENT OF 

2 STATUS OF CERTAIN LONG-TERM RESIDENTS 

3 WHO ENTERED THE UNITED STATES AS CHIL4 DREN. 

5 (a) SPECIAL RULE FOR CERTAIN LONG-TERM RESI6 DENTS WHO ENTERED THE UNITED STATES AS CHIL7 DREN.— 

8 (1) IN GENERAL.—Notwithstanding any other 

9 provision of law and except as otherwise provided in 

10 this Act, the Secretary of Homeland Security may 

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

12 alien lawfully admitted for permanent residence, 

13 subject to the conditional basis described in section 

14 5, an alien who is inadmissible or deportable from 

15 the United States, if the alien demonstrates that— 

16 (A) the alien has been physically present in 

17 the United States for a continuous period of 

18 not less than 5 years immediately preceding the 

19 date of enactment of this Act, and had not yet 

20 reached the age of 16 years at the time of ini21 tial entry; 

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

23 moral character since the time of application; 

24 (C) the alien— 

25 (i) is not inadmissible under para26 graph (2), (3), (6)(E), (6)(F), or (6)(G) of 


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1 section 212(a) of the Immigration and Na2 tionality Act (8 U.S.C. 1182(a)), or, if in3 admissible solely under paragraph (6) of 

4 such subsection, the alien was under the 

5 age of 16 years at the time the violation 

6 was committed; and 

7 (ii) is not deportable under paragraph 

8 (1)(E), (2), or (4) of section 237(a) of the 

9 Immigration and Nationality Act (8 U.S.C. 

10 1227(a)); and 

11 (D) the alien, at the time of application, 

12 has been admitted to an institution of higher 

13 education in the United States, or has earned 

14 a high school diploma or obtained a general 

15 education development certificate in the United 

16 States. 

17 (2) WAIVER.—The Secretary of Homeland Se18 curity may waive the grounds of ineligibility under 

19 section 212(a) paragraphs (2), (6)(F) or (6)(G) of 

20 the Immigration and Nationality Act, and the 

21 grounds of deportability under section 237(a)(2) of 

22 such Act, if the Secretary determines that the alien’s 

23 removal would result in extreme hardship to the 

24 alien, the alien’s child, or (in the case of an alien 

25 who is a child) to the alien’s parent. 


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1 (3) PROCEDURES.—The Secretary of Homeland 

2 Security shall provide a procedure by regulation al3 lowing eligible individuals to apply affirmatively for 

4 the relief available under this subsection without 

5 being placed in removal proceedings. 

6 (b) TERMINATION OF CONTINUOUS PERIOD.—For 

7 purposes of this section, any period of continuous resi8 dence or continuous physical presence in the United States 

9 of an alien who applies for cancellation of removal under 

10 this section shall not terminate when the alien is served 

11 a notice to appear under section 239(a) of the Immigra12 tion and Nationality Act (8 U.S.C. 1229(a)). 

13 (c) TREATMENT OF CERTAIN BREAKS IN PRES14 ENCE.— 

15 (1) IN GENERAL.—An alien shall not be consid16 ered to have failed to maintain continuous physical 

17 presence in the United States for purposes of sub18 section (a)(1)(A) by virtue of brief, casual, and inno19 cent absences from the United States. 

20 (2) WAIVER.—The Secretary of Homeland Se21 curity may waive breaks in presence beyond brief, 

22 casual or innocent absences for humanitarian pur23 poses, family unity or when it is otherwise in the 

24 public interest. 


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1 (d) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

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

4 eligible for cancellation of removal or adjustment of status 

5 under this section. 

6 (e) REGULATIONS.— 

7 (1) PROPOSED REGULATIONS.—Not later than 

8 180 days after the date of enactment of this Act, the 

9 Secretary of Homeland Security shall publish pro10 posed regulations implementing this section. Such 

11 regulations shall be effective immediately on an in12 terim basis, but are subject to change and revision 

13 after public notice and opportunity for a period for 

14 public comment. 

15 (2) INTERIM, FINAL REGULATIONS.—Not later 

16 than 90 days after publication of the interim regula17 tions in accordance with paragraph (1), the Sec18 retary of Homeland Security shall publish final regu19 lations implementing this section. 

20 (f) REMOVAL OF ALIEN.—The Secretary of Home21 land Security may not remove any alien who has a pending 

22 application for conditional status under this Act. 

23 SEC. 5. CONDITIONAL PERMANENT RESIDENT STATUS. 

24 (a) IN GENERAL.— 


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1 (1) CONDITIONAL BASIS FOR STATUS.—Not2 withstanding any other provision of law, and except 

3 as provided in section 6, an alien whose status has 

4 been adjusted under section 4 to that of an alien 

5 lawfully admitted for permanent residence shall be 

6 considered to have obtained such status on a condi7 tional basis subject to the provisions of this section. 

8 Such conditional permanent resident status shall be 

9 valid for a period of 6 years, subject to termination 

10 under subsection (b). 

11 (2) NOTICE OF REQUIREMENTS.— 

12 (A) AT TIME OF OBTAINING PERMANENT

13 RESIDENCE.—At the time an alien obtains per14 manent resident status on a conditional basis 

15 under paragraph (1), the Secretary of Home16 land Security shall provide for notice to the 

17 alien regarding the provisions of this section 

18 and the requirements of subsection (c) to have 

19 the conditional basis of such status removed. 

20 (B) EFFECT OF FAILURE TO PROVIDE NO21 TICE.—The failure of the Secretary of Home22 land Security to provide a notice under this 

23 paragraph— 


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1 (i) shall not affect the enforcement of 

2 the provisions of this Act with respect to 

3 the alien; and 

4 (ii) shall not give rise to any private 

5 right of action by the alien. 

6 (b) TERMINATION OF STATUS.— 

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

8 Security shall terminate the conditional permanent 

9 resident status of any alien who obtained such sta10 tus under this Act, if the Secretary determines that 

11 the alien— 

12 (A) ceases to meet the requirements of 

13 subparagraph (B) or (C) of section 4(a)(1); 

14 (B) has become a public charge; or 

15 (C) has received a dishonorable or other 

16 than honorable discharge from the uniformed 

17 services. 

18 (2) RETURN TO PREVIOUS IMMIGRATION STA19 TUS.—Any alien whose conditional permanent resi20 dent status is terminated under paragraph (1) shall 

21 return to the immigration status the alien had im22 mediately prior to receiving conditional permanent 

23 resident status under this Act. 

24 (c) REQUIREMENTS OF TIMELY PETITION FOR RE25 MOVAL OF CONDITION.— 


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1 (1) IN GENERAL.—In order for the conditional 

2 basis of permanent resident status obtained by an 

3 alien under subsection (a) to be removed, the alien 

4 must file with the Secretary of Homeland Security, 

5 in accordance with paragraph (3), a petition which 

6 requests the removal of such conditional basis and 

7 which provides, under penalty of perjury, the facts 

8 and information so that the Secretary may make the 

9 determination described in paragraph (2)(A). 

10 (2) ADJUDICATION OF PETITION TO REMOVE

11 CONDITION.— 

12 (A) IN GENERAL.—If a petition is filed in 

13 accordance with paragraph (1) for an alien, the 

14 Secretary of Homeland Security shall make a 

15 determination as to whether the alien meets the 

16 requirements set out in subparagraphs (A) 

17 through (E) of subsection (d)(1). 

18 (B) REMOVAL OF CONDITIONAL BASIS IF

19 FAVORABLE DETERMINATION.—If the Secretary 

20 determines that the alien meets such require21 ments, the Secretary shall notify the alien of 

22 such determination and immediately remove the 

23 conditional basis of the status of the alien. 

24 (C) TERMINATION IF ADVERSE DETER25 MINATION.—If the Secretary determines that 


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1 the alien does not meet such requirements, the 

2 Secretary shall notify the alien of such deter3 mination and terminate the conditional perma4 nent resident status of the alien as of the date 

5 of the determination. 

6 (3) TIME TO FILE PETITION.—An alien may pe7 tition to remove the conditional basis to lawful resi8 dent status during the period beginning 180 days 

9 before and ending 2 years after either the date that 

10 is 6 years after the date of the granting of condi11 tional permanent resident status or any other expi12 ration date of the conditional permanent resident 

13 status as extended by the Secretary of Homeland 

14 Security in accordance with this Act. The alien shall 

15 be deemed in conditional permanent resident status 

16 in the United States during the period in which the 

17 petition is pending. 

18 (d) DETAILS OF PETITION.— 

19 (1) CONTENTS OF PETITION.—Each petition 

20 for an alien under subsection (c)(1) shall contain in21 formation to permit the Secretary of Homeland Se22 curity to determine whether each of the following re23 quirements is met: 

24 (A) The alien has demonstrated good 

25 moral character during the entire period the 


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1 alien has been a conditional permanent resi2 dent. 

3 (B) The alien is in compliance with section 

4 4(a)(1)(C). 

5 (C) The alien has not abandoned the 

6 alien’s residence in the United States. The Sec7 retary shall presume that the alien has aban8 doned such residence if the alien is absent from 

9 the United States for more than 365 days, in 

10 the aggregate, during the period of conditional 

11 residence, unless the alien demonstrates that 

12 alien has not abandoned the alien’s residence. 

13 An alien who is absent from the United States 

14 due to active service in the uniformed services 

15 has not abandoned the alien’s residence in the 

16 United States during the period of such service. 

17 (D) The alien has completed at least 1 of 

18 the following: 

19 (i) The alien has acquired a degree 

20 from an institution of higher education in 

21 the United States or has completed at 

22 least 2 years, in good standing, in a pro23 gram for a bachelor’s degree or higher de24 gree in the United States. 


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1 (ii) The alien has served in the uni2 formed services for at least 2 years and, if 

3 discharged, has received an honorable dis4 charge. 

5 (E) The alien has provided a list of all of 

6 the secondary educational institutions that the 

7 alien attended in the United States. 

8 (2) HARDSHIP EXCEPTION.— 

9 (A) IN GENERAL.—The Secretary of 

10 Homeland Security may, in the Secretary’s dis11 cretion, remove the conditional status of an 

12 alien if the alien— 

13 (i) satisfies the requirements of sub14 paragraphs (A), (B), and (C) of paragraph 

15 (1); 

16 (ii) demonstrates compelling cir17 cumstances for the inability to complete 

18 the requirements described in paragraph 

19 (1)(D); and 

20 (iii) demonstrates that the alien’s re21 moval from the United States would result 

22 in exceptional and extremely unusual hard23 ship to the alien or the alien’s spouse, par24 ent, or child who is a citizen or a lawful 

25 permanent resident of the United States. 


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

2 cause, the Secretary of Homeland Security may 

3 extend the period of the conditional resident 

4 status for the purpose of completing the re5 quirements described in paragraph (1)(D). 

6 (e) TREATMENT OF PERIOD FOR PURPOSES OF NAT7 URALIZATION.—Except as otherwise provided under this 

8 Act, an alien who is in the United States as a lawful per9 manent resident on a conditional basis under this section 

10 shall be considered to have been admitted as an alien law11 fully admitted for permanent residence and to be in the 

12 United States as an alien lawfully admitted to the United 

13 States for permanent residence. However, the conditional 

14 basis must be removed before the alien may apply for nat15 uralization. 

16 SEC. 6. APPLICABILITY. 

17 If, on the date of the enactment of this Act, an alien 

18 has satisfied all the requirements of subparagraphs (A) 

19 through (D) of section 4(a)(1) and section 5(d)(1)(D), the 

20 Secretary of Homeland Security may adjust the status of 

21 the alien to that of a conditional resident in accordance 

22 with section 4. The alien may petition for removal of such 

23 condition at the end of the conditional residence period 

24 in accordance with section 5(c) if the alien has met the 

25 requirements of subparagraphs (A), (B), and (C) of secVerDate Aug 31 2005 22:30 Apr 13, 2006 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5131.IH H5131

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1 tion 5(d)(1) during the entire period of conditional resi2 dence. 

3 SEC. 7. EXCLUSIVE JURISDICTION. 

4 (a) IN GENERAL.—The Secretary of Homeland Secu5 rity shall have exclusive jurisdiction to determine eligibility 

6 for relief under this Act, except where the alien has been 

7 placed into deportation, exclusion, or removal proceedings 

8 either prior to or after filing an application for relief under 

9 this Act, in which case the Attorney General shall have 

10 exclusive jurisdiction and shall assume all the powers and 

11 duties of the Secretary until proceedings are terminated, 

12 or if a final order of deportation, exclusion, or removal 

13 is entered the Secretary shall resume all powers and duties 

14 delegated to the Secretary under this Act. 

15 (b) STAY OF REMOVAL OF CERTAIN ALIENS EN16 ROLLED IN PRIMARY OR SECONDARY SCHOOL.—The At17 torney General shall stay the removal proceedings of any 

18 alien who— 

19 (1) meets all the requirements of subpara20 graphs (A), (B), (C), and (E) of section 4(a)(1); 

21 (2) is at least 12 years of age; and 

22 (3) is enrolled full time in a primary or sec23 ondary school. 

24 (c) EMPLOYMENT.—An alien whose removal is stayed 

25 pursuant to subsection (b) may be engaged in employment 


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1 in the United States, consistent with the Fair Labor 

2 Standards Act (29 U.S.C. 201 et seq.), and State and 

3 local laws governing minimum age for employment. 

4 (d) LIFT OF STAY.—The Attorney General shall lift 

5 the stay granted pursuant to subsection (b) if the alien— 

6 (1) is no longer enrolled in a primary or sec7 ondary school; or 

8 (2) ceases to meet the requirements of sub9 section (b)(1). 

10 SEC. 8. CONFIDENTIALITY OF INFORMATION. 

11 (a) PROHIBITION.—No officer or employee of the 

12 United States may— 

13 (1) use the information furnished by the appli14 cant pursuant to an application filed under this Act 

15 to initiate removal proceedings against any persons 

16 identified in the application; 

17 (2) make any publication whereby the informa18 tion furnished by any particular individual pursuant 

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

20 (3) permit anyone other than an officer or em21 ployee of the United States Government or, in the 

22 case of applications filed under this Act with a des23 ignated entity, that designated entity, to examine 

24 applications filed under this Act. 


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1 (b) REQUIRED DISCLOSURE.—The Attorney General 

2 or the Secretary of Homeland Security shall provide the 

3 information furnished under this section, and any other 

4 information derived from such furnished information, to— 

5 (1) a duly recognized law enforcement entity in 

6 connection with an investigation or prosecution of an 

7 offense described in paragraph (2) or (3) of section 

8 212(a) of the Immigration and Nationality Act (8 

9 U.S.C. 1182(a)), when such information is requested 

10 in writing by such entity; or 

11 (2) an official coroner for purposes of affirma12 tively identifying a deceased individual (whether or 

13 not such individual is deceased as a result of a 

14 crime). 

15 (c) PENALTY.—Whoever knowingly uses, publishes, 

16 or permits information to be examined in violation of this 

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

18 SEC. 9. EXPEDITED PROCESSING OF APPLICATIONS; PRO19 HIBITION ON FEES. 

20 Regulations promulgated under this Act shall provide 

21 that applications under this Act will be considered on an 

22 expedited basis and without a requirement for the pay23 ment by the applicant of any additional fee for such expe24 dited processing. 


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1 SEC. 10. HIGHER EDUCATION ASSISTANCE. 

2 Notwithstanding any provision of the Higher Edu3 cation Act of 1965 (20 U.S.C. 1001 et seq.) or any provi4 sion of Title IV of the Personal Responsibility and Work 

5 Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 

6 et seq.), with respect to Federal financial education assist7 ance, an alien who is lawfully admitted for permanent resi8 dence under this Act and has not had the conditional basis 

9 removed shall not be eligible for— 

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

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

12 1070a et seq.); and 

13 (2) Federal supplemental educational oppor14 tunity grants under part A of title IV of that Act 

15 (20 U.S.C. 1070b et seq.). 

16 SEC. 11. GAO REPORT. 

17 Seven years after the date of enactment of this Act, 

18 the Comptroller General of the United States shall submit 

19 a report to the Committees on the Judiciary of the Senate 

20 and the House of Representatives setting forth— 

21 (1) the number of aliens who were eligible for 

22 cancellation of removal and adjustment of status 

23 under section 4(a); 

24 (2) the number of aliens who applied for adjust25 ment of status under section 4(a); 


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1 (3) the number of aliens who were granted ad2 justment of status under section 4(a); and 

3 (4) the number of aliens whose conditional per4 manent resident status was removed under section 

5 5. 

Æ 


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