I 

111TH CONGRESS 

2D SESSION H. R. 6497 

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 

DECEMBER 7, 2010 

Mr. BERMAN (for himself and Mr. LINCOLN DIAZ-BALART of Florida) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, Ways and 

Means, Education and Labor, and Homeland Security, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

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

A BILL 

To authorize the cancellation of removal and adjustment 

of status of certain alien students who are long-term 

United States residents and who entered the United 

States as children, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Development, Relief, 

5 and Education for Alien Minors Act of 2010’’ or the 

6 ‘‘DREAM Act of 2010’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

Sec. 4. Cancellation of removal of certain long-term residents who entered the 

United States as children. 

Sec. 5. Conditional nonimmigrant status. 

Sec. 6. Adjustment of status. 

Sec. 7. Treatment of aliens meeting requirements for extension of conditional 

nonimmigrant status. 

Sec. 8. Exclusive jurisdiction. 

Sec. 9. Penalties for false statements. 

Sec. 10. Confidentiality of information. 

Sec. 11. Higher education assistance. 

Sec. 12. Treatment of conditional nonimmigrants for certain purposes. 

Sec. 13. Military enlistment. 

Sec. 14. GAO report. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) IN GENERAL.—Except as otherwise specifi6 cally provided, a term used in this Act that is used 

7 in the immigration laws shall have the meaning 

8 given such term in the immigration laws. 

9 (2) ARMED FORCES.—The term ‘‘Armed 

10 Forces’’ has the meaning given the term ‘‘armed 

11 forces’’ in section 101(a) of title 10, United States 

12 Code. 

13 (3) CONDITIONAL NONIMMIGRANT.— 

14 (A) DEFINITION.—The term ‘‘conditional 

15 nonimmigrant’’ means an alien who is granted 

16 conditional nonimmigrant status under this Act. 

17 (B) DESCRIPTION.—A conditional non18 immigrant— 


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1 (i) shall be considered to be an alien 

2 within a nonimmigrant class for purposes 

3 of the immigration laws; 

4 (ii) may have the intention perma5 nently to reside in the United States; and 

6 (iii) is not required to have a foreign 

7 residence which the alien has no intention 

8 of abandoning. 

9 (4) IMMIGRATION LAWS.—The term ‘‘immigra10 tion laws’’ has the meaning given such term in sec11 tion 101(a)(17) of the Immigration and Nationality 

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

13 (5) INSTITUTION OF HIGHER EDUCATION.—The 

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

15 meaning given such term in section 102 of the High16 er Education Act of 1965 (20 U.S.C. 1002), except 

17 that the term does not include an institution of high18 er education outside the United States. 

19 SEC. 4. CANCELLATION OF REMOVAL OF CERTAIN LONG20 TERM RESIDENTS WHO ENTERED THE 

21 UNITED STATES AS CHILDREN. 

22 (a) SPECIAL RULE FOR CERTAIN LONG-TERM RESI23 DENTS WHO ENTERED THE UNITED STATES AS CHIL24 DREN.— 


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1 (1) IN GENERAL.—Notwithstanding any other 

2 provision of law and except as otherwise provided in 

3 this Act, the Secretary of Homeland Security may 

4 cancel removal of an alien who is inadmissible or de5 portable from the United States, and grant the alien 

6 conditional nonimmigrant status, if the alien dem7 onstrates by a preponderance of the evidence that— 

8 (A) the alien has been physically present in 

9 the United States for a continuous period of 

10 not less than 5 years immediately preceding the 

11 date of the enactment of this Act and was 

12 younger than 16 years of age on the date the 

13 alien initially entered the United States; 

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

15 moral character since the date the alien initially 

16 entered the United States; 

17 (C) subject to paragraph (2), the alien— 

18 (i) is not inadmissible under para19 graph (1), (2), (3), (4), (6)(E), (6)(G), (8), 

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

21 212(a) of the Immigration and Nationality 

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

23 (ii) is not deportable under paragraph 

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1 tion 237(a) of the Immigration and Na2 tionality Act (8 U.S.C. 1227(a)); 

3 (iii) has not ordered, incited, assisted, 

4 or otherwise participated in the persecution 

5 of any person on account of race, religion, 

6 nationality, membership in a particular so7 cial group, or political opinion; and 

8 (iv) has not been convicted of— 

9 (I) any offense under Federal or 

10 State law punishable by a maximum 

11 term of imprisonment of more than 1 

12 year; or 

13 (II) 3 or more offenses under 

14 Federal or State law, for which the 

15 alien was convicted on different dates 

16 for each of the 3 offenses and sen17 tenced to imprisonment for an aggre18 gate of 90 days or more; 

19 (D) the alien— 

20 (i) has been admitted to an institution 

21 of higher education in the United States; 

22 or 

23 (ii) has earned a high school diploma 

24 or obtained a general education develop25 ment certificate in the United States; 


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1 (E) the alien has never been under a final 

2 administrative or judicial order of exclusion, de3 portation, or removal, unless the alien— 

4 (i) has remained in the United States 

5 under color of law after such order was 

6 issued; or 

7 (ii) received the order before attaining 

8 the age of 16 years; and 

9 (F) the alien was younger than 30 years of 

10 age on the date of the enactment of this Act. 

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

12 under this Act, the Secretary of Homeland Security 

13 may waive the ground of inadmissibility under para14 graph (1), (4), or (6) of section 212(a) of the Immi15 gration and Nationality Act (8 U.S.C. 1182(a)) and 

16 the ground of deportability under paragraph (1) of 

17 section 237(a) of that Act (8 U.S.C. 1227(a)) for 

18 humanitarian purposes or family unity or when it is 

19 otherwise in the public interest. 

20 (3) PROCEDURES.—The Secretary of Homeland 

21 Security shall provide a procedure by regulation al22 lowing eligible individuals to apply affirmatively for 

23 the relief available under this subsection without 

24 being placed in removal proceedings. 


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1 (4) SURCHARGE.—The Secretary of Homeland 

2 Security shall charge and collect a surcharge of 

3 $525 per application on all applications for relief 

4 under this subsection. Such surcharge shall be in ad5 dition to the otherwise applicable application fee im6 posed for the purpose of recovering the full costs of 

7 providing adjudication and processing services. Not8 withstanding any other provision of law, including 

9 section 286 of the Immigration and Nationality Act 

10 (8 U.S.C. 1356), any surcharge collected under this 

11 paragraph shall be deposited as offsetting receipts in 

12 the General Fund of the Treasury and shall not be 

13 available for obligation or expenditure. 

14 (5) DEADLINE FOR SUBMISSION OF APPLICA15 TION.—An alien shall submit an application for can16 cellation of removal and conditional nonimmigrant 

17 status under this subsection no later than the date 

18 that is 1 year after the later of— 

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

20 diploma or obtained a general education devel21 opment certificate in the United States; or 

22 (B) the effective date of the interim regu23 lations under subsection (d). 

24 (6) SUBMISSION OF BIOMETRIC AND BIO25 GRAPHIC DATA.—The Secretary of Homeland SecuVerDate Mar 15 2010 00:47 Dec 08, 2010 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6497.IH H6497

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1 rity may not cancel the removal of an alien or grant 

2 conditional nonimmigrant status to the alien under 

3 this subsection unless the alien submits biometric 

4 and biographic data, in accordance with procedures 

5 established by the Secretary. The Secretary shall 

6 provide an alternative procedure for applicants who 

7 are unable to provide such biometric or biographic 

8 data because of a physical impairment. 

9 (7) BACKGROUND CHECKS.— 

10 (A) REQUIREMENT FOR BACKGROUND

11 CHECKS.—The Secretary of Homeland Security 

12 shall utilize biometric, biographic, and other 

13 data that the Secretary determines is appro14 priate— 

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

17 seeking relief available under this sub18 section; and 

19 (ii) to determine whether there is any 

20 criminal, national security, or other factor 

21 that would render the alien ineligible for 

22 such relief. 

23 (B) COMPLETION OF BACKGROUND

24 CHECKS.—The security and law enforcement 

25 background checks required by subparagraph 


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1 (A) shall be completed, to the satisfaction of the 

2 Secretary, prior to the date the Secretary can3 cels the removal of the alien under this sub4 section. 

5 (8) MEDICAL EXAMINATION.—An alien applying 

6 for relief available under this subsection shall under7 go a medical observation and examination. The Sec8 retary of Homeland Security, with the concurrence 

9 of the Secretary of Health and Human Services, 

10 shall prescribe policies and procedures for the nature 

11 and timing of such observation and examination. 

12 (9) MILITARY SELECTIVE SERVICE.—An alien 

13 applying for relief available under this subsection 

14 shall establish that the alien has registered under 

15 the Military Selective Service Act (50 U.S.C. App. 

16 451 et seq.), if the alien is subject to such registra17 tion under that Act. 

18 (b) TERMINATION OF CONTINUOUS PERIOD.—For 

19 purposes of this section, any period of continuous resi20 dence or continuous physical presence in the United States 

21 of an alien who applies for cancellation of removal under 

22 subsection (a) shall not terminate when the alien is served 

23 a notice to appear under section 239(a) of the Immigra24 tion and Nationality Act (8 U.S.C. 1229(a)). 


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1 (c) TREATMENT OF CERTAIN BREAKS IN PRES2 ENCE.— 

3 (1) IN GENERAL.—An alien shall be considered 

4 to have failed to maintain continuous physical pres5 ence in the United States under subsection (a) if the 

6 alien has departed from the United States for any 

7 period in excess of 90 days or for any periods in the 

8 aggregate exceeding 180 days. 

9 (2) EXTENSIONS FOR EXCEPTIONAL CIR10 CUMSTANCES.—The Secretary of Homeland Security 

11 may extend the time periods described in paragraph 

12 (1) if the alien demonstrates that the failure to time13 ly return to the United States was due to excep14 tional circumstances. The exceptional circumstances 

15 determined sufficient to justify an extension should 

16 be no less compelling than serious illness of the 

17 alien, or death or serious illness of a parent, grand18 parent, sibling, or child. 

19 (d) REGULATIONS.— 

20 (1) INITIAL PUBLICATION.—Not later than 180 

21 days after the date of the enactment of this Act, the 

22 Secretary of Homeland Security shall publish regula23 tions implementing this section. 

24 (2) INTERIM REGULATIONS.—Notwithstanding 

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1 lations required by paragraph (1) shall be effective, 

2 on an interim basis, immediately upon publication 

3 but may be subject to change and revision after pub4 lic notice and opportunity for a period of public com5 ment. 

6 (3) FINAL REGULATIONS.—Within a reasonable 

7 time after publication of the interim regulations in 

8 accordance with paragraph (1), the Secretary of 

9 Homeland Security shall publish final regulations 

10 implementing this section. 

11 (e) REMOVAL OF ALIEN.—The Secretary of Home12 land Security may not remove any alien who— 

13 (1) has a pending application for conditional 

14 nonimmigrant status under this Act; and 

15 (2) establishes prima facie eligibility for can16 cellation of removal and conditional nonimmigrant 

17 status under subsection (a). 

18 SEC. 5. CONDITIONAL NONIMMIGRANT STATUS. 

19 (a) LENGTH OF STATUS.—Conditional nonimmigrant 

20 status granted under section 4 shall be valid for an initial 

21 period of 5 years, subject to termination under subsection 

22 (c) of this section. 

23 (b) TERMS OF CONDITIONAL NONIMMIGRANT STA24 TUS.— 


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1 (1) EMPLOYMENT.—A conditional non2 immigrant shall be authorized to be employed in the 

3 United States incident to conditional nonimmigrant 

4 status. 

5 (2) TRAVEL.—A conditional nonimmigrant may 

6 travel outside the United States and may be admit7 ted (if otherwise admissible) upon return to the 

8 United States without having to obtain a visa if— 

9 (A) the alien is the bearer of valid, unex10 pired documentary evidence of conditional non11 immigrant status; and 

12 (B) the alien’s absence from the United 

13 States was not for a period exceeding 180 days. 

14 (c) TERMINATION OF STATUS.— 

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

16 Security shall terminate the conditional non17 immigrant status of any alien if the Secretary deter18 mines that the alien— 

19 (A) ceases to meet the requirements of 

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

21 (B) has become a public charge; or 

22 (C) has received a dishonorable or other 

23 than honorable discharge from the Armed 

24 Forces. 


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1 (2) RETURN TO PREVIOUS IMMIGRATION STA2 TUS.—Any alien whose conditional nonimmigrant 

3 status is terminated under paragraph (1) shall re4 turn to the immigration status the alien had imme5 diately prior to receiving conditional nonimmigrant 

6 status. 

7 (d) EXTENSION OF STATUS.— 

8 (1) ELIGIBILITY.—The Secretary of Homeland 

9 Security shall extend the conditional nonimmigrant 

10 status of an alien for a second period of 5 years if 

11 the following requirements are met: 

12 (A) The alien has demonstrated good 

13 moral character during the entire period the 

14 alien has been a conditional nonimmigrant. 

15 (B) The alien is in compliance with section 

16 4(a)(1)(C). 

17 (C) The alien has not abandoned the 

18 alien’s residence in the United States. For pur19 poses of this subparagraph— 

20 (i) the Secretary shall presume that 

21 the alien has abandoned such residence if 

22 the alien is absent from the United States 

23 for more than 365 days, in the aggregate, 

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1 onstrates that the alien has not abandoned 

2 the alien’s residence; and 

3 (ii) an alien who is absent from the 

4 United States due to active service in the 

5 Armed Forces has not abandoned the 

6 alien’s residence in the United States dur7 ing the period of such service. 

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 Armed Forces 

16 for at least 2 years and, if discharged, has 

17 received an honorable discharge. 

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) SURCHARGE.—The Secretary of Homeland 

24 Security shall charge and collect a surcharge of 

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1 tension under this subsection. Such surcharge shall 

2 be in addition to the otherwise applicable application 

3 fee imposed for the purpose of recovering the full 

4 costs of providing adjudication and processing serv5 ices. Notwithstanding any other provision of law, in6 cluding section 286 of the Immigration and Nation7 ality Act (8 U.S.C. 1356), any surcharge collected 

8 under this paragraph shall be deposited as offsetting 

9 receipts in the General Fund of the Treasury and 

10 shall not be available for obligation or expenditure. 

11 (3) HARDSHIP EXCEPTION.—The Secretary of 

12 Homeland Security may, in the Secretary’s discre13 tion, extend the conditional nonimmigrant status of 

14 an alien if the alien— 

15 (A) satisfies the requirements of subpara16 graphs (A), (B), and (C) of paragraph (1); 

17 (B) demonstrates compelling circumstances 

18 for the inability to complete the requirements 

19 described in paragraph (1)(D); and 

20 (C) demonstrates that the alien’s removal 

21 from the United States would result in excep22 tional and extremely unusual hardship to the 

23 alien or the alien’s spouse, parent, or child who 

24 is a citizen or a lawful permanent resident of 

25 the United States. 


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1 SEC. 6. ADJUSTMENT OF STATUS. 

2 (a) IN GENERAL.—A conditional nonimmigrant may 

3 file with the Secretary of Homeland Security, in accord4 ance with subsection (c), an application to have the alien’s 

5 status adjusted to that of an alien lawfully admitted for 

6 permanent residence. The application shall provide, under 

7 penalty of perjury, the facts and information so that the 

8 Secretary may make the determination described in para9 graph (b)(1). 

10 (b) ADJUDICATION OF APPLICATION FOR ADJUST11 MENT OF STATUS.— 

12 (1) IN GENERAL.—If an application is filed in 

13 accordance with subsection (a) for an alien, the Sec14 retary of Homeland Security shall make a deter15 mination as to whether the alien meets the require16 ments set out in paragraphs (1) through (4) of sub17 section (d). 

18 (2) ADJUSTMENT OF STATUS IF FAVORABLE

19 DETERMINATION.—If the Secretary determines that 

20 the alien meets such requirements, the Secretary 

21 shall notify the alien of such determination and ad22 just the alien’s status to that of an alien lawfully ad23 mitted for permanent residence, effective as of the 

24 date of approval of the application. 

25 (3) TERMINATION IF ADVERSE DETERMINA26 TION.—If the Secretary determines that the alien 


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1 does not meet such requirements, the Secretary shall 

2 notify the alien of such determination and terminate 

3 the conditional nonimmigrant status of the alien as 

4 of the date of the determination. 

5 (c) TIME TO FILE APPLICATION.—An alien shall file 

6 an application for adjustment of status during the period 

7 beginning 1 year before and ending on either the date that 

8 is 10 years after the date of the initial grant of conditional 

9 nonimmigrant status or any other expiration date of the 

10 conditional nonimmigrant status as extended by the Sec11 retary of Homeland Security in accordance with this Act. 

12 The alien shall be deemed to be in conditional non13 immigrant status in the United States during the period 

14 in which such application is pending. 

15 (d) CONTENTS OF APPLICATION.—Each application 

16 for an alien under subsection (a) shall contain information 

17 to permit the Secretary of Homeland Security to deter18 mine whether each of the following requirements is met: 

19 (1) The alien has demonstrated good moral 

20 character during the entire period the alien has been 

21 a conditional nonimmigrant. 

22 (2) The alien is in compliance with section 

23 4(a)(1)(C). 


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1 (3) The alien has not abandoned the alien’s res2 idence in the United States. For purposes of this 

3 paragraph— 

4 (A) the Secretary shall presume that the 

5 alien has abandoned such residence if the alien 

6 is absent from the United States for more than 

7 730 days, in the aggregate, during the period of 

8 conditional nonimmigrant status, unless the 

9 alien demonstrates that the alien has not aban10 doned the alien’s residence; and 

11 (B) an alien who is absent from the United 

12 States due to active service in the Armed 

13 Forces has not abandoned the alien’s residence 

14 in the United States during the period of such 

15 service. 

16 (4) If previously granted a hardship exception 

17 under section 5(d)(3) from the requirements of sec18 tion 5(d)(1)(D) with respect to extension of condi19 tional nonimmigrant status, the alien has subse20 quently complied with such requirements, unless the 

21 alien is granted a hardship exception with respect to 

22 adjustment of status under the criteria described in 

23 section 5(d)(3). 

24 (e) CITIZENSHIP REQUIREMENT.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the status of a conditional nonimmigrant 

3 shall not be adjusted to permanent resident status 

4 unless the alien demonstrates that the alien satisfies 

5 the requirements of section 312(a) of the Immigra6 tion and Nationality Act (8 U.S.C. 1423(a)). 

7 (2) EXCEPTION.—Paragraph (1) shall not 

8 apply to an alien who is unable because of a physical 

9 or developmental disability or mental impairment to 

10 meet the requirements of such paragraph. 

11 (f) PAYMENT OF FEDERAL TAXES.— 

12 (1) IN GENERAL.—Not later than the date on 

13 which an application is filed under subsection (a) for 

14 adjustment of status, the alien shall satisfy any ap15 plicable Federal tax liability due and owing on such 

16 date. 

17 (2) APPLICABLE FEDERAL TAX LIABILITY.— 

18 For purposes of paragraph (1), the term ‘‘applicable 

19 Federal tax liability’’ means liability for Federal 

20 taxes imposed under the Internal Revenue Code of 

21 1986, including any penalties and interest thereon. 

22 (g) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC

23 DATA.—The Secretary of Homeland Security may not ad24 just the status of an alien under this section unless the 

25 alien submits biometric and biographic data, in accordance 


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1 with procedures established by the Secretary. The Sec2 retary shall provide an alternative procedure for applicants 

3 who are unable to provide such biometric or biographic 

4 data because of a physical impairment. 

5 (h) BACKGROUND CHECKS.— 

6 (1) REQUIREMENT FOR BACKGROUND

7 CHECKS.—The Secretary of Homeland Security shall 

8 utilize biometric, biographic, and other data that the 

9 Secretary determines appropriate— 

10 (A) to conduct security and law enforce11 ment background checks of an alien applying 

12 for adjustment of status under this section; and 

13 (B) to determine whether there is any 

14 criminal, national security, or other factor that 

15 would render the alien ineligible for such ad16 justment of status. 

17 (2) COMPLETION OF BACKGROUND CHECKS.— 

18 The security and law enforcement background 

19 checks required by paragraph (1) shall be completed, 

20 to the satisfaction of the Secretary, prior to the date 

21 the Secretary grants adjustment of status. 

22 (i) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

23 Nothing in this section or in any other law may be con24 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 section. 

3 (j) ELIGIBILITY FOR NATURALIZATION.—An alien 

4 whose status is adjusted under this section to that of an 

5 alien lawfully admitted for permanent residence may be 

6 naturalized upon compliance with all the requirements of 

7 the immigration laws except the provisions of paragraph 

8 (1) of section 316(a) of the Immigration and Nationality 

9 Act (8 U.S.C. 1427(a)), if such person immediately pre10 ceding the date of filing the application for naturalization 

11 has resided continuously, after being lawfully admitted for 

12 permanent residence, within the United States for at least 

13 3 years, and has been physically present in the United 

14 States for periods totaling at least half of that time and 

15 has resided within the State or the district of U.S. Citizen16 ship and Immigration Services in the United States in 

17 which the applicant filed the application for at least 3 

18 months. An alien described in this subsection may file the 

19 application for naturalization as provided in the second 

20 sentence of subsection (a) of section 334 of the Immigra21 tion and Nationality Act (8 U.S.C. 1445). 


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1 SEC. 7. TREATMENT OF ALIENS MEETING REQUIREMENTS 

2 FOR EXTENSION OF CONDITIONAL NON3 IMMIGRANT STATUS. 

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

5 has satisfied all the requirements of section 4(a)(1) and 

6 section 5(d)(1)(D), the Secretary of Homeland Security 

7 may cancel removal and grant conditional nonimmigrant 

8 status in accordance with section 4, and may extend condi9 tional nonimmigrant status in accordance with section 

10 5(d). The alien may apply for adjustment of status in ac11 cordance with section 6(a) if the alien has met the require12 ments of subparagraphs (A), (B), and (C) of section 

13 5(d)(1) during the entire period of conditional non14 immigrant status. 

15 SEC. 8. EXCLUSIVE JURISDICTION. 

16 (a) IN GENERAL.—The Secretary of Homeland Secu17 rity shall have exclusive jurisdiction to determine eligibility 

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

19 placed into deportation, exclusion, or removal proceedings 

20 either prior to or after filing an application for cancella21 tion of removal and conditional nonimmigrant status or 

22 adjustment of status under this Act, in which case the At23 torney General shall have exclusive jurisdiction and shall 

24 assume all the powers and duties of the Secretary until 

25 proceedings are terminated, or if a final order of deporta26 tion, exclusion, or removal is entered the Secretary shall 


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1 resume all powers and duties delegated to the Secretary 

2 under this Act. If the Secretary grants relief under this 

3 Act, the final order of deportation, exclusion, or removal 

4 shall be terminated. 

5 (b) STAY OF REMOVAL OF CERTAIN ALIENS EN6 ROLLED IN PRIMARY OR SECONDARY SCHOOL.— 

7 (1) IN GENERAL.—The Attorney General shall 

8 stay the removal proceedings of any alien who— 

9 (A) meets all the requirements of subpara10 graphs (A), (B), (C), and (E) of section 

11 4(a)(1); 

12 (B) is at least 12 years of age; and 

13 (C) is enrolled full-time in a primary or 

14 secondary school. 

15 (2) ALIENS NOT IN REMOVAL PROCEEDINGS.— 

16 For aliens who are not in removal proceedings, the 

17 Secretary of Homeland Security shall not commence 

18 such proceedings with respect to the alien if the 

19 alien meets the requirements of subparagraphs (A) 

20 through (C) of paragraph (1). 

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

22 pursuant to subsection (b)(1) may be engaged in employ23 ment in the United States consistent with the Fair Labor 

24 Standards Act (29 U.S.C. 201 et seq.) and State and local 

25 laws governing minimum age for employment. 


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

2 the stay granted pursuant to subsection (b)(1) if the 

3 alien— 

4 (1) is no longer enrolled in a primary or sec5 ondary school; or 

6 (2) ceases to meet the requirements of such 

7 subsection. 

8 SEC. 9. PENALTIES FOR FALSE STATEMENTS. 

9 Whoever files an application for any benefit under 

10 this Act and willfully and knowingly falsifies, misrepre11 sents, or conceals a material fact or makes any false or 

12 fraudulent statement or representation, or makes or uses 

13 any false writing or document knowing the same to con14 tain any false or fraudulent statement or entry, shall be 

15 fined in accordance with title 18, United States Code, im16 prisoned not more than 5 years, or both. 

17 SEC. 10. CONFIDENTIALITY OF INFORMATION. 

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

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

20 (1) use the information furnished by an indi21 vidual pursuant to an application filed under this 

22 Act to initiate removal proceedings against any per23 son identified in the application; 


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1 (2) make any publication whereby the informa2 tion furnished by any particular individual pursuant 

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

4 (3) permit anyone other than an officer or em5 ployee of the United States Government or, in the 

6 case of an application filed under this Act with a 

7 designated entity, that designated entity, to examine 

8 such application filed under this Act. 

9 (b) REQUIRED DISCLOSURE.—The Attorney General 

10 or the Secretary of Homeland Security shall provide the 

11 information furnished under this Act, and any other infor12 mation derived from such furnished information, to— 

13 (1) a Federal, State, tribal, or local law enforce14 ment agency, intelligence agency, national security 

15 agency, component of the Department of Homeland 

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

17 criminal investigation or prosecution, a background 

18 check conducted pursuant to the Brady Handgun 

19 Violence Protection Act (Public Law 103–159; 107 

20 Stat. 1536) or an amendment made by that Act, or 

21 for homeland security or national security purposes, 

22 if such information is requested by such entity or 

23 consistent with an information sharing agreement or 

24 mechanism; or 


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1 (2) an official coroner for purposes of affirma2 tively identifying a deceased individual (whether or 

3 not such individual is deceased as a result of a 

4 crime). 

5 (c) FRAUD IN APPLICATION PROCESS OR CRIMINAL

6 CONDUCT.—Notwithstanding any other provision of this 

7 section, information concerning whether an alien seeking 

8 relief under this Act has engaged in fraud in an applica9 tion for such relief or at any time committed a crime may 

10 be used or released for immigration enforcement, law en11 forcement, or national security purposes. 

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

13 or permits information to be examined in violation of this 

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

15 SEC. 11. HIGHER EDUCATION ASSISTANCE. 

16 Notwithstanding any provision of the Higher Edu17 cation Act of 1965 (20 U.S.C. 1001 et seq.), with respect 

18 to assistance provided under title IV of the Higher Edu19 cation Act of 1965 (20 U.S.C. 1070 et seq.), an alien who 

20 is granted conditional nonimmigrant status or lawful per21 manent resident status under this Act shall be eligible only 

22 for the following assistance under such title: 

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

24 title IV (20 U.S.C. 1087a et seq., 1087aa et seq.), 

25 subject to the requirements of such parts. 


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

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

3 the requirements of such part. 

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

5 1070 et seq.), subject to the requirements for such 

6 services. 

7 SEC. 12. TREATMENT OF CONDITIONAL NONIMMIGRANTS 

8 FOR CERTAIN PURPOSES. 

9 (a) IN GENERAL.—An individual granted conditional 

10 nonimmigrant status under this Act shall, while such indi11 vidual remains in such status, be considered lawfully 

12 present for all purposes except— 

13 (1) section 36B of the Internal Revenue Code 

14 of 1986 (concerning premium tax credits), as added 

15 by section 1401 of the Patient Protection and Af16 fordable Care Act (Public Law 111–148); and 

17 (2) section 1402 of the Patient Protection and 

18 Affordable Care Act (concerning reduced cost shar19 ing; 42 U.S.C. 18071). 

20 (b) FOR PURPOSES OF THE 5-YEAR ELIGIBILITY

21 WAITING PERIOD UNDER PRWORA.—An individual who 

22 has met the requirements under this Act for adjustment 

23 from conditional nonimmigrant status to lawful perma24 nent resident status shall be considered, as of the date 

25 of such adjustment, to have completed the 5-year period 


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1 specified in section 403 of the Personal Responsibility and 

2 Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 

3 1613). 

4 SEC. 13. MILITARY ENLISTMENT. 

5 Section 504(b)(1) of title 10, United States Code, is 

6 amended by adding at the end the following new subpara7 graph: 

8 ‘‘(D) An alien who is a conditional non9 immigrant (as that term is defined in section 3 of 

10 the DREAM Act of 2010).’’. 

11 SEC. 14. GAO REPORT. 

12 Not later than 7 years after the date of the enact13 ment of this Act, the Comptroller General of the United 

14 States shall submit to the Committee on the Judiciary of 

15 the Senate and the Committee on the Judiciary of the 

16 House of Representatives a report setting forth— 

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

18 cancellation of removal and grant of conditional non19 immigrant status under section 4(a); 

20 (2) the number of aliens who applied for can21 cellation of removal and grant of conditional non22 immigrant status under section 4(a); 

23 (3) the number of aliens who were granted con24 ditional nonimmigrant status under section 4(a); 

25 and 


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1 (4) the number of aliens whose status was ad2 justed to that of an alien lawfully admitted for per3 manent residence under section 6. 

Æ 


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