II 

112TH CONGRESS 

1ST SESSION S. 952 

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 SENATE OF THE UNITED STATES 

MAY 11, 2011 

Mr. DURBIN (for himself, Mr. REID, Mr. LEAHY, Mr. SCHUMER, Mr. MENENDEZ, Mr. LEVIN, Mr. LIEBERMAN, Mr. AKAKA, Mr. BEGICH, Mr. BENNET, Mr. BINGAMAN, Mr. BLUMENTHAL, Mrs. BOXER, Ms. CANTWELL, 

Mr. CARDIN, Mr. CARPER, Mr. COONS, Mrs. FEINSTEIN, Mr. FRANKEN, 

Mrs. GILLIBRAND, Mr. HARKIN, Mr. KERRY, Ms. KLOBUCHAR, Mr. 

KOHL, Mr. LAUTENBERG, Mr. MERKLEY, Ms. MIKULSKI, Mrs. MURRAY, 

Mr. NELSON of Florida, Mr. REED, Mr. SANDERS, Mr. UDALL of Colorado, and Mr. WHITEHOUSE) 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 alien students who are long-term 

United States residents and who entered the United 

States as children and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Development, Relief, and Education for Alien Minors Act 

4 of 2011’’ or the ‘‘DREAM Act of 2011’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Conditional permanent resident status for certain long-term residents 

who entered the United States as children. 

Sec. 4. Terms of conditional permanent resident status. 

Sec. 5. Removal of conditional basis of permanent resident status. 

Sec. 6. Regulations. 

Sec. 7. Penalties for false statements. 

Sec. 8. Confidentiality of information. 

Sec. 9. Higher education assistance. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) IN GENERAL.—Except as otherwise specifi10 cally provided, a term used in this Act that is used 

11 in the immigration laws shall have the meaning 

12 given such term in the immigration laws. 

13 (2) IMMIGRATION LAWS.—The term ‘‘immigra14 tion laws’’ has the meaning given such term in sec15 tion 101(a)(17) of the Immigration and Nationality 

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

17 (3) INSTITUTION OF HIGHER EDUCATION.—The 

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

19 meaning given such term in section 102 of the High20 er Education Act of 1965 (20 U.S.C. 1002), except 


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1 that the term does not include an institution of high2 er education outside the United States. 

3 (4) SECRETARY.—Except as otherwise specifi4 cally provided, the term ‘‘Secretary’’ means the Sec5 retary of Homeland Security. 

6 (5) UNIFORMED SERVICES.—The term ‘‘Uni7 formed Services’’ has the meaning given the term 

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

9 United States Code. 

10 SEC. 3. CONDITIONAL PERMANENT RESIDENT STATUS FOR 

11 CERTAIN LONG-TERM RESIDENTS WHO EN12 TERED THE UNITED STATES AS CHILDREN. 

13 (a) CONDITIONAL BASIS FOR STATUS.—Notwith14 standing any other provision of law, an alien shall be con15 sidered, at the time of obtaining the status of an alien 

16 lawfully admitted for permanent residence under this sec17 tion, to have obtained such status on a conditional basis 

18 subject to the provisions of this Act. 

19 (b) REQUIREMENTS.— 

20 (1) IN GENERAL.—Notwithstanding any other 

21 provision of law, the Secretary may cancel removal 

22 of, and adjust to the status of an alien lawfully ad23 mitted for permanent residence on a conditional 

24 basis, an alien who is inadmissible or deportable 

25 from the United States or is in temporary protected 


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1 status under section 244 of the Immigration and 

2 Nationality Act (8 U.S.C. 1254a), if the alien dem3 onstrates by a preponderance of the evidence that— 

4 (A) the alien has been continuously phys5 ically present in the United States since the 

6 date that is 5 years before the date of the en7 actment of this Act; 

8 (B) the alien was 15 years of age or 

9 younger on the date the alien initially entered 

10 the United States; 

11 (C) the alien has been a person of good 

12 moral character since the date the alien initially 

13 entered the United States; 

14 (D) subject to paragraph (2), the alien— 

15 (i) is not inadmissible under para16 graph (2), (3), (6)(E), (6)(G), (8), 

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

18 212(a) of the Immigration and Nationality 

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

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

21 or otherwise participated in the persecution 

22 of any person on account of race, religion, 

23 nationality, membership in a particular so24 cial group, or political opinion; and 

25 (iii) has not been convicted of— 


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1 (I) any offense under Federal or 

2 State law punishable by a maximum 

3 term of imprisonment of more than 1 

4 year; or 

5 (II) 3 or more offenses under 

6 Federal or State law, for which the 

7 alien was convicted on different dates 

8 for each of the 3 offenses and impris9 oned for an aggregate of 90 days or 

10 more; 

11 (E) the alien— 

12 (i) has been admitted to an institution 

13 of higher education in the United States; 

14 or 

15 (ii) has earned a high school diploma 

16 or obtained a general education develop17 ment certificate in the United States; and 

18 (F) the alien was 35 years of age or 

19 younger on the date of the enactment of this 

20 Act. 

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

22 under this Act, the Secretary may waive the grounds 

23 of inadmissibility under paragraph (6)(E), (6)(G), or 

24 (10)(D) of section 212(a) of the Immigration and 

25 Nationality Act (8 U.S.C. 1182(a)) for humanitarian 


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1 purposes or family unity or when it is otherwise in 

2 the public interest. 

3 (3) SUBMISSION OF BIOMETRIC AND BIO4 GRAPHIC DATA.—The Secretary may not grant per5 manent resident status on a conditional basis to an 

6 alien under this section unless the alien submits bio7 metric and biographic data, in accordance with pro8 cedures established by the Secretary. The Secretary 

9 shall provide an alternative procedure for applicants 

10 who are unable to provide such biometric or bio11 graphic data because of a physical impairment. 

12 (4) BACKGROUND CHECKS.— 

13 (A) REQUIREMENT FOR BACKGROUND

14 CHECKS.—The Secretary shall utilize biometric, 

15 biographic, and other data that the Secretary 

16 determines is appropriate— 

17 (i) to conduct security and law en18 forcement background checks of an alien 

19 seeking permanent resident status on a 

20 conditional basis under this section; and 

21 (ii) to determine whether there is any 

22 criminal, national security, or other factor 

23 that would render the alien ineligible for 

24 such status. 


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1 (B) COMPLETION OF BACKGROUND

2 CHECKS.—The security and law enforcement 

3 background checks required by subparagraph 

4 (A) for an alien shall be completed, to the satis5 faction of the Secretary, prior to the date the 

6 Secretary grants permanent resident status on 

7 a conditional basis to the alien. 

8 (5) MEDICAL EXAMINATION.—An alien applying 

9 for permanent resident status on a conditional basis 

10 under this section shall undergo a medical examina11 tion. The Secretary, with the concurrence of the Sec12 retary of Health and Human Services, shall pre13 scribe policies and procedures for the nature and 

14 timing of such examination. 

15 (6) MILITARY SELECTIVE SERVICE.—An alien 

16 applying for permanent resident status on a condi17 tional basis under this section shall establish that 

18 the alien has registered under the Military Selective 

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

20 alien is subject to such registration under that Act. 

21 (c) DETERMINATION OF CONTINUOUS PRESENCE.— 

22 (1) TERMINATION OF CONTINUOUS PERIOD.— 

23 Any period of continuous physical presence in the 

24 United States of an alien who applies for permanent 

25 resident status on a conditional basis under this secVerDate Mar 15 2010 04:30 May 18, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S952.IS S952

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1 tion shall not terminate when the alien is served a 

2 notice to appear under section 239(a) of the Immi3 gration and Nationality Act (8 U.S.C. 1229(a)). 

4 (2) TREATMENT OF CERTAIN BREAKS IN PRES5 ENCE.— 

6 (A) IN GENERAL.—An alien shall be con7 sidered to have failed to maintain continuous 

8 physical presence in the United States under 

9 subsection (b)(1)(A) if the alien has departed 

10 from the United States for any period in excess 

11 of 90 days or for any periods in the aggregate 

12 exceeding 180 days. 

13 (B) EXTENSIONS FOR EXTENUATING CIR14 CUMSTANCES.—The Secretary may extend the 

15 time periods described in subparagraph (A) for 

16 an alien if the alien demonstrates that the fail17 ure to timely return to the United States was 

18 due to extenuating circumstances beyond the 

19 alien’s control. 

20 (d) APPLICATION.— 

21 (1) IN GENERAL.—An alien seeking lawful per22 manent resident status on a conditional basis shall 

23 file an application for such status in such manner as 

24 the Secretary may require. 


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1 (2) DEADLINE FOR SUBMISSION OF APPLICA2 TION.—An alien shall submit an application for re3 lief under this section not later than the date that 

4 is 1 year after the later of— 

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

6 diploma or obtained a general education devel7 opment certificate in the United States; or 

8 (B) the effective date of the final regula9 tions issued pursuant to section 6. 

10 (e) LIMITATION ON REMOVAL OF CERTAIN

11 ALIENS.— 

12 (1) IN GENERAL.—The Secretary or the Attor13 ney General may not remove an alien who— 

14 (A) has a pending application for relief 

15 under this section; and 

16 (B) establishes prima facie eligibility for 

17 relief under this section. 

18 (2) CERTAIN ALIENS ENROLLED IN PRIMARY

19 OR SECONDARY SCHOOL.— 

20 (A) STAY OF REMOVAL.—The Attorney 

21 General shall stay the removal proceedings of 

22 an alien who— 

23 (i) meets all the requirements of sub24 paragraphs (A), (B), (C), (D), and (F) of 

25 subsection (b)(1); 


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

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

3 or secondary school. 

4 (B) ALIENS NOT IN REMOVAL PRO5 CEEDINGS.—If an alien is not in removal pro6 ceedings, the Secretary shall not commence 

7 such proceedings with respect to the alien if the 

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

9 subparagraph (A). 

10 (C) EMPLOYMENT.—An alien whose re11 moval is stayed pursuant to subparagraph (A) 

12 or who may not be placed in removal pro13 ceedings pursuant to subparagraph (B) shall, 

14 upon application to the Secretary, be granted 

15 an employment authorization document. 

16 (D) LIFT OF STAY.—The Secretary or At17 torney General may lift the stay granted to an 

18 alien under subparagraph (A) if the alien— 

19 (i) is no longer enrolled in a primary 

20 or secondary school; or 

21 (ii) ceases to meet the requirements of 

22 such paragraph. 

23 (f) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

24 Nothing in this section or in any other law may be con25 strued to apply a numerical limitation on the number of 


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1 aliens who may be eligible for adjustment of status under 

2 this Act. 

3 SEC. 4. TERMS OF CONDITIONAL PERMANENT RESIDENT 

4 STATUS. 

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

6 on a conditional basis granted under this Act is— 

7 (1) valid for a period of 6 years, unless such pe8 riod is extended by the Secretary; and 

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

10 (b) NOTICE OF REQUIREMENTS.— 

11 (1) AT TIME OF OBTAINING STATUS.—At the 

12 time an alien obtains permanent resident status on 

13 a conditional basis under this Act, the Secretary 

14 shall provide for notice to the alien regarding the 

15 provisions of this Act and the requirements to have 

16 the conditional basis of such status removed. 

17 (2) EFFECT OF FAILURE TO PROVIDE NO18 TICE.—The failure of the Secretary to provide a no19 tice under this subsection— 

20 (A) shall not affect the enforcement of the 

21 provisions of this Act with respect to the alien; 

22 and 

23 (B) shall not give rise to any private right 

24 of action by the alien. 

25 (c) TERMINATION OF STATUS.— 


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1 (1) IN GENERAL.—The Secretary shall termi2 nate the conditional permanent resident status of an 

3 alien, if the Secretary determines that the alien— 

4 (A) ceases to meet the requirements of 

5 subparagraph (C) or (D) of section 3(b)(1); or 

6 (B) was discharged from the Uniformed 

7 Services and did not receive an honorable dis8 charge. 

9 (d) RETURN TO PREVIOUS IMMIGRATION STATUS.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2), an alien whose permanent resident status 

12 on a conditional basis expires under subsection 

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

14 whose application for such status is denied shall re15 turn to the immigration status the alien had imme16 diately prior to receiving permanent resident status 

17 on a conditional basis or applying for such status, 

18 as appropriate. 

19 (2) SPECIAL RULE FOR TEMPORARY PRO20 TECTED STATUS.—In the case of an alien whose per21 manent resident status on a conditional basis expires 

22 under subsection (a)(1) or is terminated under sub23 section (c) or whose application for such status is 

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1 tus, as appropriate, the alien may not return to tem2 porary protected status if— 

3 (A) the relevant designation under section 

4 244(b) of the Immigration and Nationality Act 

5 (8 U.S.C. 1254a(b)) has been terminated; or 

6 (B) the Secretary determines that the rea7 son for terminating the permanent resident sta8 tus on a conditional basis renders the alien in9 eligible for temporary protected status. 

10 (e) INFORMATION SYSTEMS.—The Secretary shall 

11 use the information systems of the Department of Home12 land Security to maintain current information on the iden13 tity, address, and immigration status of aliens granted 

14 permanent resident status on a conditional basis under 

15 this Act. 

16 SEC. 5. REMOVAL OF CONDITIONAL BASIS OF PERMANENT 

17 RESIDENT STATUS. 

18 (a) ELIGIBILITY FOR REMOVAL OF CONDITIONAL

19 BASIS.— 

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

21 the Secretary may remove the conditional basis of an 

22 alien’s permanent resident status granted under this 

23 Act if the alien demonstrates by a preponderance of 

24 the evidence that— 


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

2 moral character during the entire period of con3 ditional permanent resident status; 

4 (B) the alien is described in section 

5 3(b)(1)(D); 

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

7 residence in the United States; 

8 (D) the alien— 

9 (i) has acquired a degree from an in10 stitution of higher education in the United 

11 States or has completed at least 2 years, in 

12 good standing, in a program for a bach13 elor’s degree or higher degree in the 

14 United States; or 

15 (ii) has served in the Uniformed Serv16 ices for at least 2 years and, if discharged, 

17 received an honorable discharge; and 

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

19 secondary school (as that term is defined in sec20 tion 9101 of the Elementary and Secondary 

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

22 the alien attended in the United States. 

23 (2) HARDSHIP EXCEPTION.— 

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

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1 tional basis of an alien’s permanent resident 

2 status if the alien— 

3 (i) satisfies the requirements of sub4 paragraphs (A), (B), (C), and (E) of para5 graph (1); 

6 (ii) demonstrates compelling cir7 cumstances for the inability to satisfy the 

8 requirements of subparagraph (D) of such 

9 paragraph; and 

10 (iii) demonstrates that the alien’s re11 moval from the United States would result 

12 in extreme hardship to the alien or the 

13 alien’s spouse, parent, or child who is a cit14 izen or a lawful permanent resident of the 

15 United States. 

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

17 cause, the Secretary may extend the period of 

18 permanent resident status on a conditional 

19 basis for an alien so that the alien may com20 plete the requirements of subparagraph (D) of 

21 paragraph (1). 

22 (3) TREATMENT OF ABANDONMENT OR RESI23 DENCE.—For purposes of paragraph (1)(C), an 

24 alien— 


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1 (A) shall be presumed to have abandoned 

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

3 alien is absent from the United States for more 

4 than 365 days, in the aggregate, during the 

5 alien’s period of conditional permanent resident 

6 status, unless the alien demonstrates to the sat7 isfaction of the Secretary that the alien has not 

8 abandoned such residence; and 

9 (B) who is absent from the United States 

10 due to active service in the Uniformed Services 

11 has not abandoned the alien’s residence in the 

12 United States during the period of such service. 

13 (4) CITIZENSHIP REQUIREMENT.— 

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

15 subparagraph (B), the conditional basis of an 

16 alien’s permanent resident status may not be 

17 removed unless the alien demonstrates that the 

18 alien satisfies the requirements of section 

19 312(a) of the Immigration and Nationality Act 

20 (8 U.S.C. 1423(a)). 

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

22 not apply to an alien who is unable because of 

23 a physical or developmental disability or mental 

24 impairment to meet the requirements of such 

25 subparagraph. 


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1 (5) SUBMISSION OF BIOMETRIC AND BIO2 GRAPHIC DATA.—The Secretary may not remove the 

3 conditional basis of an alien’s permanent resident 

4 status unless the alien submits biometric and bio5 graphic data, in accordance with procedures estab6 lished by the Secretary. The Secretary shall provide 

7 an alternative procedure for applicants who are un8 able to provide such biometric data because of a 

9 physical impairment. 

10 (6) BACKGROUND CHECKS.— 

11 (A) REQUIREMENT FOR BACKGROUND

12 CHECKS.—The Secretary shall utilize biometric, 

13 biographic, and other data that the Secretary 

14 determines appropriate— 

15 (i) to conduct security and law en16 forcement background checks of an alien 

17 applying for removal of the conditional 

18 basis of the alien’s permanent resident sta19 tus; and 

20 (ii) to determine whether there is any 

21 criminal, national security, or other factor 

22 that would render the alien ineligible for 

23 removal of such conditional basis. 

24 (B) COMPLETION OF BACKGROUND

25 CHECKS.—The security and law enforcement 


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1 background checks required by subparagraph 

2 (A) for an alien shall be completed, to the satis3 faction of the Secretary, prior to the date the 

4 Secretary removes the conditional basis of the 

5 alien’s permanent resident status. 

6 (b) APPLICATION TO REMOVE CONDITIONAL

7 BASIS.— 

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

9 conditional basis of the alien’s lawful permanent 

10 resident status removed shall file an application for 

11 such removal in such manner as the Secretary may 

12 require. 

13 (2) DEADLINE FOR SUBMISSION OF APPLICA14 TION.— 

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

16 application under this subsection during the pe17 riod beginning 6 months prior to and ending on 

18 the date that is later of— 

19 (i) 6 years after the date the alien 

20 was initially granted conditional permanent 

21 resident status; or 

22 (ii) any other expiration date of the 

23 alien’s conditional permanent resident sta24 tus, as extended by the Secretary in ac25 cordance with this Act. 


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1 (B) STATUS DURING PENDENCY.—An 

2 alien shall be deemed to have permanent resi3 dent status on a conditional basis during the 

4 period that the alien’s application submitted 

5 under this subsection is pending. 

6 (3) ADJUDICATION OF APPLICATION.— 

7 (A) IN GENERAL.—The Secretary shall 

8 make a determination on each application filed 

9 by an alien under this subsection as to whether 

10 the alien meets the requirements for removal of 

11 the conditional basis of the alien’s permanent 

12 resident status. 

13 (B) ADJUSTMENT OF STATUS IF FAVOR14 ABLE DETERMINATION.—If the Secretary deter15 mines that the alien meets such requirements, 

16 the Secretary shall notify the alien of such de17 termination and remove the conditional basis of 

18 the alien’s permanent resident status, effective 

19 as of the date of such determination. 

20 (C) TERMINATION IF ADVERSE DETER21 MINATION.—If the Secretary determines that 

22 the alien does not meet such requirements, the 

23 Secretary shall notify the alien of such deter24 mination and, if the period of the alien’s condi25 tional permanent resident status under section 


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1 4(a)(1) has ended, terminate the conditional 

2 permanent resident status granted the alien 

3 under this Act as of the date of such deter4 mination. 

5 (c) TREATMENT FOR PURPOSES OF NATURALIZA6 TION.— 

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

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

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

10 on a conditional basis under this Act shall be consid11 ered to have been admitted as an alien lawfully ad12 mitted for permanent residence and to be in the 

13 United States as an alien lawfully admitted to the 

14 United States for permanent residence. 

15 (2) LIMITATION ON APPLICATION FOR NATU16 RALIZATION.—An alien may not apply for natu17 ralization during the period that the alien is in per18 manent resident status on a conditional basis under 

19 this Act. 

20 SEC. 6. REGULATIONS. 

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

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

23 shall publish regulations implementing this Act. Such reg24 ulations shall allow eligible individuals to apply affirmaVerDate Mar 15 2010 04:30 May 18, 2011 Jkt 099200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S952.IS S952

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1 tively for the relief available under section 3 without being 

2 placed in removal proceedings. 

3 (b) INTERIM REGULATIONS.—Notwithstanding sec4 tion 553 of title 5, United States Code, the regulations 

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

6 basis, immediately upon publication but may be subject 

7 to change and revision after public notice and opportunity 

8 for a period of public comment. 

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

10 after publication of the interim regulations in accordance 

11 with subsection (b), the Secretary shall publish final regu12 lations implementing this Act. 

13 (d) PAPERWORK REDUCTION ACT.—The require14 ments of chapter 35 of title 44, United States Code (com15 monly known as the ‘‘Paperwork Reduction Act’’) shall 

16 not apply to any action to implement this Act. 

17 SEC. 7. PENALTIES FOR FALSE STATEMENTS. 

18 Whoever files an application for any relief or benefit 

19 under this Act and willfully and knowingly falsifies, mis20 represents, or conceals a material fact or makes any false 

21 or fraudulent statement or representation, or makes or 

22 uses any false writing or document knowing the same to 

23 contain any false or fraudulent statement or entry, shall 

24 be fined in accordance with title 18, United States Code, 

25 imprisoned not more than 5 years, or both. 


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1 SEC. 8. CONFIDENTIALITY OF INFORMATION. 

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

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

4 (1) use the information furnished by an indi5 vidual pursuant to an application filed under this 

6 Act in removal proceedings against any person iden7 tified in the application; 

8 (2) make any publication whereby the informa9 tion furnished by any particular individual pursuant 

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

11 (3) permit anyone other than an officer, em12 ployee or authorized contractor of the United States 

13 Government or, in the case of an application filed 

14 under this Act with a designated entity, that des15 ignated entity, to examine such application filed 

16 under such sections. 

17 (b) REQUIRED DISCLOSURE.—The Attorney General 

18 or the Secretary shall provide the information furnished 

19 under this Act, and any other information derived from 

20 such furnished information, to— 

21 (1) a Federal, State, tribal, or local law enforce22 ment agency, intelligence agency, national security 

23 agency, component of the Department of Homeland 

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

25 criminal investigation or prosecution, a background 

26 check conducted pursuant to section 103 of the 


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1 Brady Handgun Violence Protection Act (Public 

2 Law 103–159; 18 U.S.C. 922 note), or national se3 curity purposes, if such information is requested by 

4 such entity or consistent with an information shar5 ing agreement or mechanism; or 

6 (2) an official coroner for purposes of affirma7 tively identifying a deceased individual (whether or 

8 not such individual is deceased as a result of a 

9 crime). 

10 (c) FRAUD IN APPLICATION PROCESS OR CRIMINAL

11 CONDUCT.—Notwithstanding any other provision of this 

12 section, information concerning whether an alien seeking 

13 relief under this Act has engaged in fraud in an applica14 tion for such relief or at any time committed a crime may 

15 be used or released for immigration enforcement, law en16 forcement, or national security purposes. 

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

18 or permits information to be examined in violation of this 

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

20 SEC. 9. HIGHER EDUCATION ASSISTANCE. 

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

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

23 seq.), with respect to assistance provided under title IV 

24 of the Higher Education Act of 1965 (20 U.S.C. 1070 

25 et seq.), an alien who has permanent resident status on 


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1 a conditional basis under this Act shall be eligible only 

2 for the following assistance under such title: 

3 (1) Student loans under parts D and E of such 

4 title IV (20 U.S.C. 1087a et seq. and 1087aa et 

5 seq.), subject to the requirements of such parts. 

6 (2) Federal work-study programs under part C 

7 of such title IV (42 U.S.C. 2751 et seq.), subject to 

8 the requirements of such part. 

9 (3) Services under such title IV (20 U.S.C. 

10 1070 et seq.), subject to the requirements for such 

11 services. 

12 (b) RESTORATION OF STATE OPTION TO DETER13 MINE RESIDENCY FOR PURPOSES OF HIGHER EDUCATION

14 BENEFITS.— 

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

16 Immigration Reform and Immigrant Responsibility 

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

18 (2) EFFECTIVE DATE.—The repeal under para19 graph (1) shall take effect as if included in the en20 actment of the Illegal Immigration Reform and Im21 migrant Responsibility Act of 1996 (division C of 

22 Public Law 104–208; 110 Stat. 3009–546). 

Æ 


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