I 

118TH CONGRESS 

1ST SESSION H. R. 16 

To authorize the cancellation of removal and adjustment of status of certain 

aliens, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 15, 2023 

Ms. GARCIA of Texas (for herself, Ms. CLARKE of New York, Ms. VELA ́ZQUEZ, 

Mr. CORREA, Ms. CHU, Ms. JAYAPAL, Mrs. RAMIREZ, Ms. LOFGREN, 

Mrs. CHAVEZ-DEREMER, Ms. SALAZAR, Mr. DUARTE, and Mrs. 

GONZA ́LEZ-COLO ́N) 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 authorize the cancellation of removal and adjustment 

of status of certain aliens, 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; TABLE OF CONTENTS. 

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

5 ‘‘American Dream and Promise Act of 2023’’. 

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

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

TITLE I—DREAM ACT OF 2023 

Sec. 101. Short title. 

Sec. 102. Permanent resident status on a conditional basis for certain longterm residents who entered the United States as children. 

Sec. 103. Terms of permanent resident status on a conditional basis. 

Sec. 104. Removal of conditional basis of permanent resident status. 

Sec. 105. Restoration of State option to determine residency for purposes of 

higher education benefits. 

TITLE II—AMERICAN PROMISE ACT OF 2023 

Sec. 201. Short title. 

Sec. 202. Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure. 

Sec. 203. Clarification. 

TITLE III—GENERAL PROVISIONS 

Sec. 301. Definitions. 

Sec. 302. Submission of biometric and biographic data; background checks. 

Sec. 303. Limitation on removal; application and fee exemption; and other conditions on eligible individuals. 

Sec. 304. Determination of continuous presence and residence. 

Sec. 305. Exemption from numerical limitations. 

Sec. 306. Availability of administrative and judicial review. 

Sec. 307. Documentation requirements. 

Sec. 308. Rulemaking. 

Sec. 309. Confidentiality of information. 

Sec. 310. Grant program to assist eligible applicants. 

Sec. 311. Provisions affecting eligibility for adjustment of status. 

Sec. 312. Supplementary surcharge for appointed counsel. 

Sec. 313. Annual report on provisional denial authority. 

1 TITLE I—DREAM ACT OF 2023 

2 SEC. 101. SHORT TITLE. 

3 This title may be cited as the ‘‘Dream Act of 2023’’. 

4 SEC. 102. PERMANENT RESIDENT STATUS ON A CONDI5 TIONAL BASIS FOR CERTAIN LONG-TERM 

6 RESIDENTS WHO ENTERED THE UNITED 

7 STATES AS CHILDREN. 

8 (a) CONDITIONAL BASIS FOR STATUS.—Notwith9 standing any other provision of law, and except as proVerDate Sep 11 2014 00:00 Jun 16, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H16.IH H16

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1 vided in section 104(c)(2), an alien shall be considered, 

2 at the time of obtaining the status of an alien lawfully 

3 admitted for permanent residence under this section, to 

4 have obtained such status on a conditional basis subject 

5 to the provisions of this title. 

6 (b) REQUIREMENTS.— 

7 (1) IN GENERAL.—Notwithstanding any other 

8 provision of law, the Secretary or the Attorney Gen9 eral shall adjust to the status of an alien lawfully 

10 admitted for permanent residence on a conditional 

11 basis, or without the conditional basis as provided in 

12 section 104(c)(2), an alien who is inadmissible or de13 portable from the United States, is subject to a 

14 grant of Deferred Enforced Departure, has tem15 porary protected status under section 244 of the Im16 migration and Nationality Act (8 U.S.C. 1254a), or 

17 is the son or daughter of an alien admitted as a non18 immigrant under subparagraph (E)(i), (E)(ii), 

19 (H)(i)(b), or (L) of section 101(a)(15) of such Act 

20 (8 U.S.C. 1101(a)(15)) if— 

21 (A) the alien has been continuously phys22 ically present in the United States since Janu23 ary 1, 2021; 

24 (B) the alien was 18 years of age or 

25 younger on the date on which the alien entered 


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1 the United States and has continuously resided 

2 in the United States since such entry; 

3 (C) the alien— 

4 (i) subject to paragraph (2), is not in5 admissible under paragraph (1), (6)(E), 

6 (6)(G), (8), or (10) of section 212(a) of 

7 the Immigration and Nationality Act (8 

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

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

10 or otherwise participated in the persecution 

11 of any person on account of race, religion, 

12 nationality, membership in a particular so13 cial group, or political opinion; and 

14 (iii) is not barred from adjustment of 

15 status under this title based on the crimi16 nal and national security grounds de17 scribed under subsection (c), subject to the 

18 provisions of such subsection; and 

19 (D) the alien— 

20 (i) has been admitted to an institution 

21 of higher education; 

22 (ii) has been admitted to an area ca23 reer and technical education school at the 

24 postsecondary level; 


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1 (iii) in the United States, has ob2 tained— 

3 (I) a high school diploma or a 

4 commensurate alternative award from 

5 a public or private high school; 

6 (II) a General Education Devel7 opment credential, a high school 

8 equivalency diploma recognized under 

9 State law, or another similar State10 authorized credential; 

11 (III) a credential or certificate 

12 from an area career and technical 

13 education school at the secondary 

14 level; or 

15 (IV) a recognized postsecondary 

16 credential; or 

17 (iv) is enrolled in secondary school or 

18 in an education program assisting students 

19 in— 

20 (I) obtaining a high school di21 ploma or its recognized equivalent 

22 under State law; 

23 (II) passing the General Edu24 cation Development test, a high school 


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1 equivalence diploma examination, or 

2 other similar State-authorized exam; 

3 (III) obtaining a certificate or 

4 credential from an area career and 

5 technical education school providing 

6 education at the secondary level; or 

7 (IV) obtaining a recognized post8 secondary credential. 

9 (2) WAIVER OF GROUNDS OF INADMIS10 SIBILITY.—With respect to any benefit under this 

11 title, and in addition to the waivers under subsection 

12 (c)(2), the Secretary may waive the grounds of inad13 missibility under paragraph (1), (6)(E), (6)(G), or 

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

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

16 purposes, for family unity, or because the waiver is 

17 otherwise in the public interest. 

18 (3) APPLICATION FEE.— 

19 (A) IN GENERAL.—The Secretary may, 

20 subject to an exemption under section 303(c), 

21 require an alien applying under this section to 

22 pay a reasonable fee that is commensurate with 

23 the cost of processing the application but does 

24 not exceed $495.00. 


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1 (B) SPECIAL PROCEDURES FOR APPLI2 CANTS WITH DACA.—The Secretary shall estab3 lish a streamlined procedure for aliens who have 

4 been granted DACA and who meet the require5 ments for renewal (under the terms of the pro6 gram in effect on January 1, 2017) to apply for 

7 adjustment of status to that of an alien lawfully 

8 admitted for permanent residence on a condi9 tional basis under this section, or without the 

10 conditional basis as provided in section 

11 104(c)(2). Such procedure shall not include a 

12 requirement that the applicant pay a fee, except 

13 that the Secretary may require an applicant 

14 who meets the requirements for lawful perma15 nent residence without the conditional basis 

16 under section 104(c)(2) to pay a fee that is 

17 commensurate with the cost of processing the 

18 application, subject to the exemption under sec19 tion 303(c). 

20 (4) BACKGROUND CHECKS.—The Secretary 

21 may not grant an alien permanent resident status on 

22 a conditional basis under this section until the re23 quirements of section 302 are satisfied. 

24 (5) MILITARY SELECTIVE SERVICE.—An alien 

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1 tional basis under this section, or without the condi2 tional basis as provided in section 104(c)(2), shall 

3 establish that the alien has registered under the 

4 Military Selective Service Act (50 U.S.C. 3801 et 

5 seq.), if the alien is subject to registration under 

6 such Act. 

7 (c) CRIMINAL AND NATIONAL SECURITY BARS.— 

8 (1) GROUNDS OF INELIGIBILITY.—Except as 

9 provided in paragraph (2), an alien is ineligible for 

10 adjustment of status under this title (whether on a 

11 conditional basis or without the conditional basis as 

12 provided in section 104(c)(2)) if any of the following 

13 apply: 

14 (A) The alien is inadmissible under para15 graph (2) or (3) of section 212(a) of the Immi16 gration and Nationality Act (8 U.S.C. 1182(a)). 

17 (B) Excluding any offense under State law 

18 for which an essential element is the alien’s im19 migration status, and any minor traffic offense, 

20 the alien has been convicted of— 

21 (i) any felony offense; 

22 (ii) three or more misdemeanor of23 fenses (excluding simple possession of can24 nabis or cannabis-related paraphernalia, 

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1 related paraphernalia which is no longer 

2 prosecutable in the State in which the con3 viction was entered, and any offense involv4 ing civil disobedience without violence) not 

5 occurring on the same date, and not aris6 ing out of the same act, omission, or 

7 scheme of misconduct; or 

8 (iii) a misdemeanor offense of domes9 tic violence, unless the alien demonstrates 

10 that such crime is related to the alien hav11 ing been— 

12 (I) a victim of domestic violence, 

13 sexual assault, stalking, child abuse or 

14 neglect, abuse or neglect in later life, 

15 or human trafficking; 

16 (II) battered or subjected to ex17 treme cruelty; or 

18 (III) a victim of criminal activity 

19 described in section 101(a)(15)(U)(iii) 

20 of the Immigration and Nationality 

21 Act (8 U.S.C. 1101(a)(15)(U)(iii)). 

22 (2) WAIVERS FOR CERTAIN MISDEMEANORS.— 

23 For humanitarian purposes, family unity, or if oth24 erwise in the public interest, the Secretary may— 


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1 (A) waive the grounds of inadmissibility 

2 under subparagraphs (A), (C), and (D) of sec3 tion 212(a)(2) of the Immigration and Nation4 ality Act (8 U.S.C. 1182(a)(2)), unless the con5 viction forming the basis for inadmissibility 

6 would otherwise render the alien ineligible 

7 under paragraph (1)(B) (subject to subpara8 graph (B)); and 

9 (B) for purposes of clauses (ii) and (iii) of 

10 paragraph (1)(B), waive consideration of— 

11 (i) one misdemeanor offense if the 

12 alien has not been convicted of any offense 

13 in the 5-year period preceding the date on 

14 which the alien applies for adjustment of 

15 status under this title; or 

16 (ii) up to two misdemeanor offenses if 

17 the alien has not been convicted of any of18 fense in the 10-year period preceding the 

19 date on which the alien applies for adjust20 ment of status under this title. 

21 (3) AUTHORITY TO CONDUCT SECONDARY RE22 VIEW.— 

23 (A) IN GENERAL.—Notwithstanding an 

24 alien’s eligibility for adjustment of status under 

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1 scribed in this paragraph, the Secretary may, 

2 as a matter of non-delegable discretion, provi3 sionally deny an application for adjustment of 

4 status (whether on a conditional basis or with5 out the conditional basis as provided in section 

6 104(c)(2)) if the Secretary, based on clear and 

7 convincing evidence, which shall include credible 

8 law enforcement information, determines that 

9 the alien is described in subparagraph (B) or 

10 (D). 

11 (B) PUBLIC SAFETY.—An alien is de12 scribed in this subparagraph if— 

13 (i) excluding simple possession of can14 nabis or cannabis-related paraphernalia, 

15 any offense involving cannabis or cannabis16 related paraphernalia which is no longer 

17 prosecutable in the State in which the con18 viction was entered, any offense under 

19 State law for which an essential element is 

20 the alien’s immigration status, any offense 

21 involving civil disobedience without vio22 lence, and any minor traffic offense, the 

23 alien— 

24 (I) has been convicted of a mis25 demeanor offense punishable by a 


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1 term of imprisonment of more than 

2 30 days; or 

3 (II) has been adjudicated delin4 quent in a State or local juvenile court 

5 proceeding that resulted in a disposi6 tion ordering placement in a secure 

7 facility; and 

8 (ii) the alien poses a significant and 

9 continuing threat to public safety related 

10 to such conviction or adjudication. 

11 (C) PUBLIC SAFETY DETERMINATION.— 

12 For purposes of subparagraph (B)(ii), the Sec13 retary shall consider the recency of the convic14 tion or adjudication; the length of any imposed 

15 sentence or placement; the nature and serious16 ness of the conviction or adjudication, including 

17 whether the elements of the offense include the 

18 unlawful possession or use of a deadly weapon 

19 to commit an offense or other conduct intended 

20 to cause serious bodily injury; and any miti21 gating factors pertaining to the alien’s role in 

22 the commission of the offense. 

23 (D) GANG PARTICIPATION.—An alien is 

24 described in this subparagraph if the alien has, 

25 within the 5 years immediately preceding the 


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1 date of the application, knowingly, willfully, and 

2 voluntarily participated in offenses committed 

3 by a criminal street gang (as described in sub4 sections (a) and (c) of section 521 of title 18, 

5 United States Code) with the intent to promote 

6 or further the commission of such offenses. 

7 (E) EVIDENTIARY LIMITATION.—For pur8 poses of subparagraph (D), allegations of gang 

9 membership obtained from a State or Federal 

10 in-house or local database, or a network of 

11 databases used for the purpose of recording and 

12 sharing activities of alleged gang members 

13 across law enforcement agencies, shall not es14 tablish the participation described in such para15 graph. 

16 (F) NOTICE.— 

17 (i) IN GENERAL.—Prior to rendering 

18 a discretionary decision under this para19 graph, the Secretary shall provide written 

20 notice of the intent to provisionally deny 

21 the application to the alien (or the alien’s 

22 counsel of record, if any) by certified mail 

23 and, if an electronic mail address is pro24 vided, by electronic mail (or other form of 


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1 electronic communication). Such notice 

2 shall— 

3 (I) articulate with specificity all 

4 grounds for the preliminary deter5 mination, including the evidence relied 

6 upon to support the determination; 

7 and 

8 (II) provide the alien with not 

9 less than 90 days to respond. 

10 (ii) SECOND NOTICE.—Not more than 

11 30 days after the issuance of the notice 

12 under clause (i), the Secretary shall pro13 vide a second written notice that meets the 

14 requirements of such clause. 

15 (iii) NOTICE NOT RECEIVED.—Not16 withstanding any other provision of law, if 

17 an applicant provides good cause for not 

18 contesting a provisional denial under this 

19 paragraph, including a failure to receive 

20 notice as required under this subpara21 graph, the Secretary shall, upon a motion 

22 filed by the alien, reopen an application for 

23 adjustment of status under this title and 

24 allow the applicant an opportunity to re25 spond, consistent with clause (i)(II). 


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1 (G) JUDICIAL REVIEW OF A PROVISIONAL

2 DENIAL.— 

3 (i) IN GENERAL.—Notwithstanding 

4 any other provision of law, if, after notice 

5 and the opportunity to respond under sub6 paragraph (F), the Secretary provisionally 

7 denies an application for adjustment of 

8 status under this Act, the alien shall have 

9 60 days from the date of the Secretary’s 

10 determination to seek review of such deter11 mination in an appropriate United States 

12 district court. 

13 (ii) SCOPE OF REVIEW AND DECI14 SION.—Notwithstanding any other provi15 sion of law, review under paragraph (1) 

16 shall be de novo and based solely on the 

17 administrative record, except that the ap18 plicant shall be given the opportunity to 

19 supplement the administrative record and 

20 the Secretary shall be given the oppor21 tunity to rebut the evidence and arguments 

22 raised in such submission. Upon issuing its 

23 decision, the court shall remand the mat24 ter, with appropriate instructions, to the 


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1 Department of Homeland Security to 

2 render a final decision on the application. 

3 (iii) APPOINTED COUNSEL.—Notwith4 standing any other provision of law, an ap5 plicant seeking judicial review under clause 

6 (i) shall be represented by counsel. Upon 

7 the request of the applicant, counsel shall 

8 be appointed for the applicant, in accord9 ance with procedures to be established by 

10 the Attorney General within 90 days of the 

11 date of the enactment of this Act, and 

12 shall be funded in accordance with fees col13 lected and deposited in the Immigration 

14 Counsel Account under section 312. 

15 (4) DEFINITIONS.—For purposes of this sub16 section— 

17 (A) the term ‘‘felony offense’’ means an of18 fense under Federal or State law that is pun19 ishable by a maximum term of imprisonment of 

20 more than 1 year; 

21 (B) the term ‘‘misdemeanor offense’’ 

22 means an offense under Federal or State law 

23 that is punishable by a term of imprisonment of 

24 more than 5 days but not more than 1 year; 

25 and 


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1 (C) the term ‘‘crime of domestic violence’’ 

2 means any offense that has as an element the 

3 use, attempted use, or threatened use of phys4 ical force against a person committed by a cur5 rent or former spouse of the person, by an indi6 vidual with whom the person shares a child in 

7 common, by an individual who is cohabiting 

8 with or has cohabited with the person as a 

9 spouse, by an individual similarly situated to a 

10 spouse of the person under the domestic or 

11 family violence laws of the jurisdiction where 

12 the offense occurs, or by any other individual 

13 against a person who is protected from that in14 dividual’s acts under the domestic or family vio15 lence laws of the United States or any State, 

16 Indian Tribal government, or unit of local gov17 ernment. 

18 (d) LIMITATION ON REMOVAL OF CERTAIN ALIEN

19 MINORS.—An alien who is 18 years of age or younger and 

20 meets the requirements under subparagraphs (A), (B), 

21 and (C) of subsection (b)(1) shall be provided a reasonable 

22 opportunity to meet the educational requirements under 

23 subparagraph (D) of such subsection. The Attorney Gen24 eral or the Secretary may not commence or continue with 

25 removal proceedings against such an alien. 


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1 (e) WITHDRAWAL OF APPLICATION.—The Secretary 

2 shall, upon receipt of a request to withdraw an application 

3 for adjustment of status under this section, cease proc4 essing of the application, and close the case. Withdrawal 

5 of the application under this subsection shall not prejudice 

6 any future application filed by the applicant for any immi7 gration benefit under this title or under the Immigration 

8 and Nationality Act (8 U.S.C. 1101 et seq.). 

9 SEC. 103. TERMS OF PERMANENT RESIDENT STATUS ON A 

10 CONDITIONAL BASIS. 

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

12 on a conditional basis is— 

13 (1) valid for a period of 10 years, unless such 

14 period is extended by the Secretary; and 

15 (2) subject to revocation under subsection (c). 

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

17 alien obtains permanent resident status on a conditional 

18 basis, the Secretary shall provide notice to the alien re19 garding the provisions of this title and the requirements 

20 to have the conditional basis of such status removed. 

21 (c) REVOCATION OF STATUS.—The Secretary may 

22 revoke the permanent resident status on a conditional 

23 basis of an alien only if the Secretary— 

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

25 requirements under section 102(b)(1)(C); and 


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1 (2) prior to the revocation, provides the alien— 

2 (A) notice of the proposed revocation; and 

3 (B) the opportunity for a hearing to pro4 vide evidence that the alien meets such require5 ments or otherwise to contest the proposed rev6 ocation. 

7 (d) RETURN TO PREVIOUS IMMIGRATION STATUS.— 

8 An alien whose permanent resident status on a conditional 

9 basis expires under subsection (a)(1) or is revoked under 

10 subsection (c), shall return to the immigration status that 

11 the alien had immediately before receiving permanent resi12 dent status on a conditional basis. 

13 SEC. 104. REMOVAL OF CONDITIONAL BASIS OF PERMA14 NENT RESIDENT STATUS. 

15 (a) ELIGIBILITY FOR REMOVAL OF CONDITIONAL

16 BASIS.— 

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

18 the Secretary shall remove the conditional basis of 

19 an alien’s permanent resident status granted under 

20 this title and grant the alien status as an alien law21 fully admitted for permanent residence if the alien— 

22 (A) is described in section 102(b)(1)(C); 

23 (B) has not abandoned the alien’s resi24 dence in the United States during the period in 


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1 which the alien has permanent resident status 

2 on a conditional basis; and 

3 (C)(i) has obtained a degree from an insti4 tution of higher education, or has completed at 

5 least 2 years, in good standing, of a program in 

6 the United States leading to a bachelor’s degree 

7 or higher degree or a recognized postsecondary 

8 credential from an area career and technical 

9 education school providing education at the 

10 postsecondary level; 

11 (ii) has served in the Uniformed Services 

12 for at least 2 years and, if discharged, received 

13 an honorable discharge; or 

14 (iii) demonstrates earned income for peri15 ods totaling at least 3 years and at least 75 

16 percent of the time that the alien has had a 

17 valid employment authorization, except that, in 

18 the case of an alien who was enrolled in an in19 stitution of higher education, an area career 

20 and technical education school to obtain a rec21 ognized postsecondary credential, or an edu22 cation program described in section 

23 102(b)(1)(D)(iii), the Secretary shall reduce 

24 such total 3-year requirement by the total of 

25 such periods of enrollment. 


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1 (2) HARDSHIP EXCEPTION.—The Secretary 

2 shall remove the conditional basis of an alien’s per3 manent resident status and grant the alien status as 

4 an alien lawfully admitted for permanent residence 

5 if the alien— 

6 (A) satisfies the requirements under sub7 paragraphs (A) and (B) of paragraph (1); 

8 (B) demonstrates compelling circumstances 

9 for the inability to satisfy the requirements 

10 under subparagraph (C) of such paragraph; and 

11 (C) demonstrates that— 

12 (i) the alien has a disability; 

13 (ii) the alien is a full-time caregiver; 

14 or 

15 (iii) the removal of the alien from the 

16 United States would result in hardship to 

17 the alien or the alien’s spouse, parent, or 

18 child who is a national of the United 

19 States or is lawfully admitted for perma20 nent residence. 

21 (3) CITIZENSHIP REQUIREMENT.— 

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

23 subparagraph (B), the conditional basis of an 

24 alien’s permanent resident status granted under 

25 this title may not be removed unless the alien 


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1 demonstrates that the alien satisfies the re2 quirements under section 312(a) of the Immi3 gration and Nationality Act (8 U.S.C. 1423(a)). 

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

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

6 requirements under such section 312(a) due to 

7 disability. 

8 (4) APPLICATION FEE.—The Secretary may, 

9 subject to an exemption under section 303(c), re10 quire aliens applying for removal of the conditional 

11 basis of an alien’s permanent resident status under 

12 this section to pay a reasonable fee that is commen13 surate with the cost of processing the application. 

14 (5) BACKGROUND CHECKS.—The Secretary 

15 may not remove the conditional basis of an alien’s 

16 permanent resident status until the requirements of 

17 section 302 are satisfied. 

18 (b) TREATMENT FOR PURPOSES OF NATURALIZA19 TION.— 

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

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

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

23 on a conditional basis shall be considered to have 

24 been admitted to the United States, and be present 


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1 in the United States, as an alien lawfully admitted 

2 for permanent residence. 

3 (2) LIMITATION ON APPLICATION FOR NATU4 RALIZATION.—An alien may not apply for natu5 ralization while the alien is in permanent resident 

6 status on a conditional basis. 

7 (c) TIMING OF APPROVAL OF LAWFUL PERMANENT

8 RESIDENT STATUS.— 

9 (1) IN GENERAL.—An alien granted permanent 

10 resident status on a conditional basis under this title 

11 may apply to have such conditional basis removed at 

12 any time after such alien has met the eligibility re13 quirements set forth in subsection (a). 

14 (2) APPROVAL WITH REGARD TO INITIAL APPLI15 CATIONS.— 

16 (A) IN GENERAL.—Notwithstanding any 

17 other provision of law, the Secretary or the At18 torney General shall adjust to the status of an 

19 alien lawfully admitted for permanent resident 

20 status without conditional basis, any alien 

21 who— 

22 (i) demonstrates eligibility for lawful 

23 permanent residence status on a condi24 tional basis under section 102(b); and 


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1 (ii) subject to the exceptions described 

2 in subsections (a)(2) and (a)(3)(B) of this 

3 section, already has fulfilled the require4 ments of paragraphs (1) and (3) of sub5 section (a) of this section at the time such 

6 alien first submits an application for bene7 fits under this title. 

8 (B) BACKGROUND CHECKS.—Subsection 

9 (a)(5) shall apply to an alien seeking lawful 

10 permanent resident status without conditional 

11 basis in an initial application in the same man12 ner as it applies to an alien seeking removal of 

13 the conditional basis of an alien’s permanent 

14 resident status. Section 102(b)(4) shall not be 

15 construed to require the Secretary to conduct 

16 more than one identical security or law enforce17 ment background check on such an alien. 

18 (C) APPLICATION FEES.—In the case of an 

19 alien seeking lawful permanent resident status 

20 without conditional basis in an initial applica21 tion, the alien shall pay the fee required under 

22 subsection (a)(4), subject to the exemption al23 lowed under section 303(c), but shall not be re24 quired to pay the application fee under section 

25 102(b)(3). 


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1 SEC. 105. RESTORATION OF STATE OPTION TO DETERMINE 

2 RESIDENCY FOR PURPOSES OF HIGHER EDU3 CATION BENEFITS. 

4 (a) IN GENERAL.—Section 505 of the Illegal Immi5 gration Reform and Immigrant Responsibility Act of 1996 

6 (8 U.S.C. 1623) is repealed. 

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

8 (a) shall take effect as if included in the original enact9 ment of the Illegal Immigration Reform and Immigrant 

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

11 208; 110 Stat. 3009–546). 

12 TITLE II—AMERICAN PROMISE 

13 ACT OF 2023 

14 SEC. 201. SHORT TITLE. 

15 This title may be cited as the ‘‘American Promise Act 

16 of 2023’’. 

17 SEC. 202. ADJUSTMENT OF STATUS FOR CERTAIN NATION18 ALS OF CERTAIN COUNTRIES DESIGNATED 

19 FOR TEMPORARY PROTECTED STATUS OR 

20 DEFERRED ENFORCED DEPARTURE. 

21 (a) IN GENERAL.—Notwithstanding any other provi22 sion of law, the Secretary or the Attorney General shall 

23 adjust to the status of an alien lawfully admitted for per24 manent residence, an alien described in subsection (b) if 

25 the alien— 


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1 (1) applies for such adjustment, including sub2 mitting any required documents under section 307, 

3 not later than 3 years after the date of the enact4 ment of this Act; 

5 (2) has been continuously physically present in 

6 the United States for a period of not less than 3 

7 years; and 

8 (3) subject to subsection (c), is not inadmissible 

9 under paragraph (1), (2), (3), (6)(D), (6)(E), 

10 (6)(F), (6)(G), (8), or (10) of section 212(a) of the 

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

12 1182(a)). 

13 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA14 TUS.—An alien shall be eligible for adjustment of status 

15 under this section if the alien is an individual— 

16 (1) who— 

17 (A) is a national of a foreign state (or part 

18 thereof) (or in the case of an alien having no 

19 nationality, is a person who last habitually re20 sided in such state) with a designation under 

21 subsection (b) of section 244 of the Immigra22 tion and Nationality Act (8 U.S.C. 1254a(b)) 

23 on January 1, 2017, who had or was otherwise 

24 eligible for temporary protected status on such 


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1 date notwithstanding subsections (c)(1)(A)(iv) 

2 and (c)(3)(C) of such section; and 

3 (B) has not engaged in conduct since such 

4 date that would render the alien ineligible for 

5 temporary protected status under section 

6 244(c)(2) of the Immigration and Nationality 

7 Act (8 U.S.C. 1245a(c)(2)); or 

8 (2) who was eligible for Deferred Enforced De9 parture as of January 20, 2021, and has not en10 gaged in conduct since that date that would render 

11 the alien ineligible for Deferred Enforced Departure. 

12 (c) WAIVER OF GROUNDS OF INADMISSIBILITY.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), with respect to any benefit under this 

15 title, and in addition to any waivers that are other16 wise available, the Secretary may waive the grounds 

17 of inadmissibility under paragraph (1), subpara18 graphs (A), (C), and (D) of paragraph (2), subpara19 graphs (D) through (G) of paragraph (6), or para20 graph (10)(D) of section 212(a) of the Immigration 

21 and Nationality Act (8 U.S.C. 1182(a)) for humani22 tarian purposes, for family unity, or because the 

23 waiver is otherwise in the public interest. 

24 (2) EXCEPTION.—The Secretary may not waive 

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1 missibility is based on a conviction or convictions, 

2 and such conviction or convictions would otherwise 

3 render the alien ineligible under section 

4 244(c)(2)(B) of the Immigration and Nationality 

5 Act (8 U.S.C. 1254a(c)(2)(B)). 

6 (d) APPLICATION.— 

7 (1) FEE.—The Secretary shall, subject to an 

8 exemption under section 303(c), require an alien ap9 plying for adjustment of status under this section to 

10 pay a reasonable fee that is commensurate with the 

11 cost of processing the application, but does not ex12 ceed $1,140. 

13 (2) BACKGROUND CHECKS.—The Secretary 

14 may not grant an alien permanent resident status on 

15 a conditional basis under this section until the re16 quirements of section 302 are satisfied. 

17 (3) WITHDRAWAL OF APPLICATION.—The Sec18 retary of Homeland Security shall, upon receipt of 

19 a request to withdraw an application for adjustment 

20 of status under this section, cease processing of the 

21 application and close the case. Withdrawal of the ap22 plication under this subsection shall not prejudice 

23 any future application filed by the applicant for any 

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1 migration and Nationality Act (8 U.S.C. 1101 et 

2 seq.). 

3 SEC. 203. CLARIFICATION. 

4 Section 244(f)(4) of the Immigration and Nationality 

5 Act (8 U.S.C. 1254a(f)(4)) is amended by inserting after 

6 ‘‘considered’’ the following: ‘‘as having been inspected and 

7 admitted into the United States, and’’. 

8 TITLE III—GENERAL 

9 PROVISIONS 

10 SEC. 301. DEFINITIONS. 

11 (a) IN GENERAL.—In this Act: 

12 (1) IN GENERAL.—Except as otherwise specifi13 cally provided, any term used in this Act that is 

14 used in the immigration laws shall have the meaning 

15 given such term in the immigration laws. 

16 (2) APPROPRIATE UNITED STATES DISTRICT

17 COURT.—The term ‘‘appropriate United States dis18 trict court’’ means the United States District Court 

19 for the District of Columbia or the United States 

20 district court with jurisdiction over the alien’s prin21 cipal place of residence. 

22 (3) AREA CAREER AND TECHNICAL EDUCATION

23 SCHOOL.—The term ‘‘area career and technical edu24 cation school’’ has the meaning given such term in 


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1 section 3 of the Carl D. Perkins Career and Tech2 nical Education Act of 2006 (20 U.S.C. 2302). 

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

5 Deferred Action for Childhood Arrivals policy an6 nounced by the Secretary of Homeland Security on 

7 June 15, 2012. 

8 (5) DISABILITY.—The term ‘‘disability’’ has the 

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

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

11 12102(1)). 

12 (6) FEDERAL POVERTY LINE.—The term ‘‘Fed13 eral poverty line’’ has the meaning given such term 

14 in section 213A(h) of the Immigration and Nation15 ality Act (8 U.S.C. 1183a). 

16 (7) HIGH SCHOOL; SECONDARY SCHOOL.—The 

17 terms ‘‘high school’’ and ‘‘secondary school’’ have 

18 the meanings given such terms in section 8101 of 

19 the Elementary and Secondary Education Act of 

20 1965 (20 U.S.C. 7801). 

21 (8) IMMIGRATION LAWS.—The term ‘‘immigra22 tion laws’’ has the meaning given such term in sec23 tion 101(a)(17) of the Immigration and Nationality 

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


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1 (9) INSTITUTION OF HIGHER EDUCATION.—The 

2 term ‘‘institution of higher education’’— 

3 (A) except as provided in subparagraph 

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

5 102 of the Higher Education Act of 1965 (20 

6 U.S.C. 1002); and 

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

9 (10) RECOGNIZED POSTSECONDARY CREDEN10 TIAL.—The term ‘‘recognized postsecondary creden11 tial’’ has the meaning given such term in section 3 

12 of the Workforce Innovation and Opportunity Act 

13 (29 U.S.C. 3102). 

14 (11) SECRETARY.—Except as otherwise specifi15 cally provided, the term ‘‘Secretary’’ means the Sec16 retary of Homeland Security. 

17 (12) UNIFORMED SERVICES.—The term ‘‘Uni18 formed Services’’ has the meaning given the term 

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

20 United States Code. 

21 (b) TREATMENT OF EXPUNGED CONVICTIONS.—For 

22 purposes of adjustment of status under this Act, the terms 

23 ‘‘convicted’’ and ‘‘conviction’’, as used in this Act and in 

24 sections 212 and 244 of the Immigration and Nationality 

25 Act (8 U.S.C. 1182, 1254a), do not include a judgment 


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1 that has been expunged or set aside, that resulted in a 

2 rehabilitative disposition, or the equivalent. 

3 SEC. 302. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 

4 DATA; BACKGROUND CHECKS. 

5 (a) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC

6 DATA.—The Secretary may not grant an alien adjustment 

7 of status under this Act, on either a conditional or perma8 nent basis, unless the alien submits biometric and bio9 graphic data, in accordance with procedures established 

10 by the Secretary. The Secretary shall provide an alter11 native procedure for aliens who are unable to provide such 

12 biometric or biographic data because of a physical impair13 ment. 

14 (b) BACKGROUND CHECKS.—The Secretary shall use 

15 biometric, biographic, and other data that the Secretary 

16 determines appropriate to conduct security and law en17 forcement background checks and to determine whether 

18 there is any criminal, national security, or other factor 

19 that would render the alien ineligible for adjustment of 

20 status under this Act, on either a conditional or perma21 nent basis. The status of an alien may not be adjusted, 

22 on either a conditional or permanent basis, unless security 

23 and law enforcement background checks are completed to 

24 the satisfaction of the Secretary. 


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1 SEC. 303. LIMITATION ON REMOVAL; APPLICATION AND 

2 FEE EXEMPTION; AND OTHER CONDITIONS 

3 ON ELIGIBLE INDIVIDUALS. 

4 (a) LIMITATION ON REMOVAL.—An alien who ap5 pears to be prima facie eligible for relief under this Act 

6 shall be given a reasonable opportunity to apply for such 

7 relief and may not be removed until, subject to section 

8 306(c)(2), a final decision establishing ineligibility for re9 lief is rendered. 

10 (b) APPLICATION.—An alien present in the United 

11 States who has been ordered removed or has been per12 mitted to depart voluntarily from the United States may, 

13 notwithstanding such order or permission to depart, apply 

14 for adjustment of status under this Act. Such alien shall 

15 not be required to file a separate motion to reopen, recon16 sider, or vacate the order of removal. If the Secretary ap17 proves the application, the Secretary shall cancel the order 

18 of removal. If the Secretary renders a final administrative 

19 decision to deny the application, the order of removal or 

20 permission to depart shall be effective and enforceable to 

21 the same extent as if the application had not been made, 

22 only after all available administrative and judicial rem23 edies have been exhausted. 

24 (c) FEE EXEMPTION.—An applicant may be exempt25 ed from paying an application fee required under this Act 

26 if the applicant— 


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1 (1) is 18 years of age or younger; 

2 (2) received total income, during the 12-month 

3 period immediately preceding the date on which the 

4 applicant files an application under this Act, that is 

5 less than 150 percent of the Federal poverty line; 

6 (3) is in foster care or otherwise lacks any pa7 rental or other familial support; or 

8 (4) cannot care for himself or herself because of 

9 a serious, chronic disability. 

10 (d) ADVANCE PAROLE.—During the period beginning 

11 on the date on which an alien applies for adjustment of 

12 status under this Act and ending on the date on which 

13 the Secretary makes a final decision regarding such appli14 cation, the alien shall be eligible to apply for advance pa15 role. Section 101(g) of the Immigration and Nationality 

16 Act (8 U.S.C. 1101(g)) shall not apply to an alien granted 

17 advance parole under this Act. 

18 (e) EMPLOYMENT.—An alien whose removal is stayed 

19 pursuant to this Act, who may not be placed in removal 

20 proceedings pursuant to this Act, or who has pending an 

21 application under this Act, shall, upon application to the 

22 Secretary, be granted an employment authorization docu23 ment. 


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1 SEC. 304. DETERMINATION OF CONTINUOUS PRESENCE 

2 AND RESIDENCE. 

3 (a) EFFECT OF NOTICE TO APPEAR.—Any period of 

4 continuous physical presence or continuous residence in 

5 the United States of an alien who applies for permanent 

6 resident status under this Act (whether on a conditional 

7 basis or without the conditional basis as provided in sec8 tion 104(c)(2)) shall not terminate when the alien is 

9 served a notice to appear under section 239(a) of the Im10 migration and Nationality Act (8 U.S.C. 1229(a)). 

11 (b) TREATMENT OF CERTAIN BREAKS IN PRESENCE

12 OR RESIDENCE.— 

13 (1) IN GENERAL.—Except as provided in para14 graphs (2) and (3), an alien shall be considered to 

15 have failed to maintain— 

16 (A) continuous physical presence in the 

17 United States under this Act if the alien has 

18 departed from the United States for any period 

19 exceeding 90 days or for any periods, in the ag20 gregate, exceeding 180 days; and 

21 (B) continuous residence in the United 

22 States under this Act if the alien has departed 

23 from the United States for any period exceeding 

24 180 days, unless the alien establishes to the 

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1 rity that the alien did not in fact abandon resi2 dence in the United States during such period. 

3 (2) EXTENSIONS FOR EXTENUATING CIR4 CUMSTANCES.—The Secretary may extend the time 

5 periods described in paragraph (1) for an alien who 

6 demonstrates that the failure to timely return to the 

7 United States was due to extenuating circumstances 

8 beyond the alien’s control, including— 

9 (A) the serious illness of the alien; 

10 (B) death or serious illness of a parent, 

11 grandparent, sibling, or child of the alien; 

12 (C) processing delays associated with the 

13 application process for a visa or other travel 

14 document; or 

15 (D) restrictions on international travel due 

16 to the public health emergency declared by the 

17 Secretary of Health and Human Services under 

18 section 319 of the Public Health Service Act 

19 (42 U.S.C. 247d) with respect to COVID–19. 

20 (3) TRAVEL AUTHORIZED BY THE SEC21 RETARY.—Any period of travel outside of the United 

22 States by an alien that was authorized by the Sec23 retary may not be counted toward any period of de24 parture from the United States under paragraph 

25 (1). 


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1 (c) WAIVER OF PHYSICAL PRESENCE.—With respect 

2 to aliens who were removed or departed the United States 

3 on or after January 20, 2017, and who were continuously 

4 physically present in the United States for at least 4 years 

5 prior to such removal or departure, the Secretary may, 

6 as a matter of discretion, waive the physical presence re7 quirement under section 102(b)(1)(A) or section 

8 202(a)(2) for humanitarian purposes, for family unity, or 

9 because a waiver is otherwise in the public interest. The 

10 Secretary, in consultation with the Secretary of State, 

11 shall establish a procedure for such aliens to apply for re12 lief under section 102 or 202 from outside the United 

13 States if they would have been eligible for relief under 

14 such section, but for their removal or departure. 

15 SEC. 305. EXEMPTION FROM NUMERICAL LIMITATIONS. 

16 Nothing in this Act or in any other law may be con17 strued to apply a numerical limitation on the number of 

18 aliens who may be granted permanent resident status 

19 under this Act (whether on a conditional basis, or without 

20 the conditional basis as provided in section 104(c)(2)). 

21 SEC. 306. AVAILABILITY OF ADMINISTRATIVE AND JUDI22 CIAL REVIEW. 

23 (a) ADMINISTRATIVE REVIEW.—Not later than 30 

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1 ment of status under this Act a process by which an appli2 cant may seek administrative appellate review of a denial 

3 of an application for adjustment of status, or a revocation 

4 of such status. 

5 (b) JUDICIAL REVIEW.—Except as provided in sub6 section (c), and notwithstanding any other provision of 

7 law, an alien may seek judicial review of a denial of an 

8 application for adjustment of status, or a revocation of 

9 such status, under this Act in an appropriate United 

10 States district court. 

11 (c) STAY OF REMOVAL.— 

12 (1) IN GENERAL.—Except as provided in para13 graph (2), an alien seeking administrative or judicial 

14 review under this Act may not be removed from the 

15 United States until a final decision is rendered es16 tablishing that the alien is ineligible for adjustment 

17 of status under this Act. 

18 (2) EXCEPTION.—The Secretary may remove 

19 an alien described in paragraph (1) pending judicial 

20 review if such removal is based on criminal or na21 tional security grounds described in this Act. Such 

22 removal shall not affect the alien’s right to judicial 

23 review under this Act. The Secretary shall promptly 

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1 plication for adjustment of status under this Act, or 

2 to revoke such status, is reversed. 

3 SEC. 307. DOCUMENTATION REQUIREMENTS. 

4 (a) DOCUMENTS ESTABLISHING IDENTITY.—An 

5 alien’s application for permanent resident status under 

6 this Act (whether on a conditional basis, or without the 

7 conditional basis as provided in section 104(c)(2)) may in8 clude, as evidence of identity, the following: 

9 (1) A passport or national identity document 

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

11 alien’s name and the alien’s photograph or finger12 print. 

13 (2) The alien’s birth certificate and an identity 

14 card that includes the alien’s name and photograph. 

15 (3) A school identification card that includes 

16 the alien’s name and photograph, and school records 

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

18 was enrolled at the school. 

19 (4) A Uniformed Services identification card 

20 issued by the Department of Defense. 

21 (5) Any immigration or other document issued 

22 by the United States Government bearing the alien’s 

23 name and photograph. 

24 (6) A State-issued identification card bearing 

25 the alien’s name and photograph. 


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1 (7) Any other evidence determined to be cred2 ible by the Secretary. 

3 (b) DOCUMENTS ESTABLISHING ENTRY, CONTIN4 UOUS PHYSICAL PRESENCE, LACK OF ABANDONMENT OF

5 RESIDENCE.—To establish that an alien was 18 years of 

6 age or younger on the date on which the alien entered 

7 the United States, and has continuously resided in the 

8 United States since such entry, as required under section 

9 102(b)(1)(B), that an alien has been continuously phys10 ically present in the United States, as required under sec11 tion 102(b)(1)(A) or 202(a)(2), or that an alien has not 

12 abandoned residence in the United States, as required 

13 under section 104(a)(1)(B), the alien may submit the fol14 lowing forms of evidence: 

15 (1) Passport entries, including admission 

16 stamps on the alien’s passport. 

17 (2) Any document from the Department of Jus18 tice or the Department of Homeland Security noting 

19 the alien’s date of entry into the United States. 

20 (3) Records from any educational institution 

21 the alien has attended in the United States. 

22 (4) Employment records of the alien that in23 clude the employer’s name and contact information, 

24 or other records demonstrating earned income. 


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1 (5) Records of service from the Uniformed 

2 Services. 

3 (6) Official records from a religious entity con4 firming the alien’s participation in a religious cere5 mony. 

6 (7) A birth certificate for a child who was born 

7 in the United States. 

8 (8) Hospital or medical records showing med9 ical treatment or hospitalization, the name of the 

10 medical facility or physician, and the date of the 

11 treatment or hospitalization. 

12 (9) Automobile license receipts or registration. 

13 (10) Deeds, mortgages, or rental agreement 

14 contracts. 

15 (11) Rent receipts or utility bills bearing the 

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

17 member of the alien, and the alien’s address. 

18 (12) Tax receipts. 

19 (13) Insurance policies. 

20 (14) Remittance records, including copies of 

21 money order receipts sent in or out of the country. 

22 (15) Travel records. 

23 (16) Dated bank transactions. 

24 (17) Two or more sworn affidavits from individ25 uals who are not related to the alien who have direct 


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1 knowledge of the alien’s continuous physical pres2 ence in the United States, that contain— 

3 (A) the name, address, and telephone num4 ber of the affiant; and 

5 (B) the nature and duration of the rela6 tionship between the affiant and the alien. 

7 (18) Any other evidence determined to be cred8 ible by the Secretary. 

9 (c) DOCUMENTS ESTABLISHING ADMISSION TO AN

10 INSTITUTION OF HIGHER EDUCATION.—To establish that 

11 an alien has been admitted to an institution of higher edu12 cation, the alien may submit to the Secretary a document 

13 from the institution of higher education certifying that the 

14 alien— 

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

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

17 student. 

18 (d) DOCUMENTS ESTABLISHING RECEIPT OF A DE19 GREE FROM AN INSTITUTION OF HIGHER EDUCATION.— 

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

21 institution of higher education in the United States, the 

22 alien may submit to the Secretary a diploma or other doc23 ument from the institution stating that the alien has re24 ceived such a degree. 


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1 (e) DOCUMENTS ESTABLISHING RECEIPT OF A HIGH

2 SCHOOL DIPLOMA, GENERAL EDUCATIONAL DEVELOP3 MENT CREDENTIAL, OR A RECOGNIZED EQUIVALENT.— 

4 To establish that in the United States an alien has earned 

5 a high school diploma or a commensurate alternative 

6 award from a public or private high school, has obtained 

7 the General Education Development credential, or other8 wise has satisfied section 102(b)(1)(D)(iii), the alien may 

9 submit to the Secretary the following: 

10 (1) A high school diploma, certificate of comple11 tion, or other alternate award. 

12 (2) A high school equivalency diploma or certifi13 cate recognized under State law. 

14 (3) Evidence that the alien passed a State-au15 thorized exam, including the General Education De16 velopment test, in the United States. 

17 (4) Evidence that the alien successfully com18 pleted an area career and technical education pro19 gram, such as a certification, certificate, or similar 

20 alternate award. 

21 (5) Evidence that the alien obtained a recog22 nized postsecondary credential. 

23 (6) Any other evidence determined to be cred24 ible by the Secretary. 


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1 (f) DOCUMENTS ESTABLISHING ENROLLMENT IN AN

2 EDUCATIONAL PROGRAM.—To establish that an alien is 

3 enrolled in any school or education program described in 

4 section 102(b)(1)(D)(iv) or 104(a)(1)(C), the alien may 

5 submit school records from the United States school that 

6 the alien is currently attending that include— 

7 (1) the name of the school; and 

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

9 current grade or educational level. 

10 (g) DOCUMENTS ESTABLISHING EXEMPTION FROM

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

12 from an application fee under this Act, the alien may sub13 mit to the Secretary the following relevant documents: 

14 (1) DOCUMENTS TO ESTABLISH AGE.—To es15 tablish that an alien meets an age requirement, the 

16 alien may provide proof of identity, as described in 

17 subsection (a), that establishes that the alien is 18 

18 years of age or younger. 

19 (2) DOCUMENTS TO ESTABLISH INCOME.—To 

20 establish the alien’s income, the alien may provide— 

21 (A) employment records or other records of 

22 earned income, including records that have been 

23 maintained by the Social Security Administra24 tion, the Internal Revenue Service, or any other 

25 Federal, State, or local government agency; 


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1 (B) bank records; or 

2 (C) at least two sworn affidavits from indi3 viduals who are not related to the alien and 

4 who have direct knowledge of the alien’s work 

5 and income that contain— 

6 (i) the name, address, and telephone 

7 number of the affiant; and 

8 (ii) the nature and duration of the re9 lationship between the affiant and the 

10 alien. 

11 (3) DOCUMENTS TO ESTABLISH FOSTER CARE, 

12 LACK OF FAMILIAL SUPPORT, OR SERIOUS, CHRONIC

13 DISABILITY.—To establish that the alien is in foster 

14 care, lacks parental or familial support, or has a se15 rious, chronic disability, the alien may provide at 

16 least two sworn affidavits from individuals who are 

17 not related to the alien and who have direct knowl18 edge of the circumstances that contain— 

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

20 care, otherwise lacks any parental or other fa21 miliar support, or has a serious, chronic dis22 ability, as appropriate; 

23 (B) the name, address, and telephone num24 ber of the affiant; and 


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1 (C) the nature and duration of the rela2 tionship between the affiant and the alien. 

3 (h) DOCUMENTS ESTABLISHING QUALIFICATION FOR

4 HARDSHIP EXEMPTION.—To establish that an alien satis5 fies one of the criteria for the hardship exemption set forth 

6 in section 104(a)(2)(C), the alien may submit to the Sec7 retary at least two sworn affidavits from individuals who 

8 are not related to the alien and who have direct knowledge 

9 of the circumstances that warrant the exemption, that 

10 contain— 

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

12 the affiant; and 

13 (2) the nature and duration of the relationship 

14 between the affiant and the alien. 

15 (i) DOCUMENTS ESTABLISHING SERVICE IN THE

16 UNIFORMED SERVICES.—To establish that an alien has 

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

18 if discharged, received an honorable discharge, the alien 

19 may submit to the Secretary— 

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

21 (2) a National Guard Report of Separation and 

22 Record of Service form 22; 

23 (3) personnel records for such service from the 

24 appropriate Uniformed Service; or 


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1 (4) health records from the appropriate Uni2 formed Service. 

3 (j) DOCUMENTS ESTABLISHING EARNED INCOME.— 

4 (1) IN GENERAL.—An alien may satisfy the 

5 earned income requirement under section 

6 104(a)(1)(C)(iii) by submitting records that— 

7 (A) establish compliance with such require8 ment; and 

9 (B) have been maintained by the Social Se10 curity Administration, the Internal Revenue 

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

12 government agency. 

13 (2) OTHER DOCUMENTS.—An alien who is un14 able to submit the records described in paragraph 

15 (1) may satisfy the earned income requirement by 

16 submitting at least two types of reliable documents 

17 that provide evidence of employment or other forms 

18 of earned income, including— 

19 (A) bank records; 

20 (B) business records; 

21 (C) employer or contractor records; 

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

23 center, or organization that assists workers in 

24 employment; 


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1 (E) sworn affidavits from individuals who 

2 are not related to the alien and who have direct 

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

4 (i) the name, address, and telephone 

5 number of the affiant; and 

6 (ii) the nature and duration of the re7 lationship between the affiant and the 

8 alien; 

9 (F) remittance records; or 

10 (G) any other evidence determined to be 

11 credible by the Secretary. 

12 (k) AUTHORITY TO PROHIBIT USE OF CERTAIN

13 DOCUMENTS.—If the Secretary determines, after publica14 tion in the Federal Register and an opportunity for public 

15 comment, that any document or class of documents does 

16 not reliably establish identity or that permanent resident 

17 status under this Act (whether on a conditional basis, or 

18 without the conditional basis as provided in section 

19 104(c)(2)) is being obtained fraudulently to an unaccept20 able degree, the Secretary may prohibit or restrict the use 

21 of such document or class of documents. 

22 SEC. 308. RULEMAKING. 

23 (a) IN GENERAL.—Not later than 90 days after the 

24 date of the enactment of this Act, the Secretary shall pub25 lish in the Federal Register interim final rules impleVerDate Sep 11 2014 22:24 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H16.IH H16

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1 menting this Act, which shall allow eligible individuals to 

2 immediately apply for relief under this Act. Notwith3 standing section 553 of title 5, United States Code, the 

4 regulation shall be effective, on an interim basis, imme5 diately upon publication, but may be subject to change and 

6 revision after public notice and opportunity for a period 

7 of public comment. The Secretary shall finalize such rules 

8 not later than 180 days after the date of publication. 

9 (b) PAPERWORK REDUCTION ACT.—The require10 ments under chapter 35 of title 44, United States Code, 

11 (commonly known as the ‘‘Paperwork Reduction Act’’) 

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

13 SEC. 309. CONFIDENTIALITY OF INFORMATION. 

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

15 or use information (including information provided during 

16 administrative or judicial review) provided in applications 

17 filed under this Act or in requests for DACA for the pur18 pose of immigration enforcement. 

19 (b) REFERRALS PROHIBITED.—The Secretary, based 

20 solely on information provided in an application for adjust21 ment of status under this Act (including information pro22 vided during administrative or judicial review) or an appli23 cation for DACA, may not refer an applicant to U.S. Im24 migration and Customs Enforcement, U.S. Customs and 

25 Border Protection, or any designee of either such entity. 


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1 (c) LIMITED EXCEPTION.—Notwithstanding sub2 sections (a) and (b), information provided in an applica3 tion for adjustment of status under this Act may be 

4 shared with Federal security and law enforcement agen5 cies— 

6 (1) for assistance in the consideration of an ap7 plication for adjustment of status under this Act; 

8 (2) to identify or prevent fraudulent claims; 

9 (3) for national security purposes; or 

10 (4) for the investigation or prosecution of any 

11 felony offense not related to immigration status. 

12 (d) PENALTY.—Any person who knowingly uses, pub13 lishes, or permits information to be examined in violation 

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

15 SEC. 310. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI16 CANTS. 

17 (a) ESTABLISHMENT.—The Secretary shall establish, 

18 within U.S. Citizenship and Immigration Services, a pro19 gram to award grants, on a competitive basis, to eligible 

20 nonprofit organizations that will use the funding to assist 

21 eligible applicants under this Act by providing them with 

22 the services described in subsection (b). 

23 (b) USE OF FUNDS.—Grant funds awarded under 

24 this section shall be used for the design and implementa25 tion of programs that provide— 


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1 (1) information to the public regarding the eli2 gibility and benefits of permanent resident status 

3 under this Act (whether on a conditional basis, or 

4 without the conditional basis as provided in section 

5 104(c)(2)), particularly to individuals potentially eli6 gible for such status; 

7 (2) assistance, within the scope of authorized 

8 practice of immigration law, to individuals submit9 ting applications for adjustment of status under this 

10 Act (whether on a conditional basis, or without the 

11 conditional basis as provided in section 104(c)(2)), 

12 including— 

13 (A) screening prospective applicants to as14 sess their eligibility for such status; 

15 (B) completing applications and petitions, 

16 including providing assistance in obtaining the 

17 requisite documents and supporting evidence; 

18 and 

19 (C) providing any other assistance that the 

20 Secretary or grantee considers useful or nec21 essary to apply for adjustment of status under 

22 this Act (whether on a conditional basis, or 

23 without the conditional basis as provided in sec24 tion 104(c)(2)); and 


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1 (3) assistance, within the scope of authorized 

2 practice of immigration law, and instruction, to indi3 viduals— 

4 (A) on the rights and responsibilities of 

5 United States citizenship; 

6 (B) in civics and English as a second lan7 guage; 

8 (C) in preparation for the General Edu9 cation Development test; and 

10 (D) in applying for adjustment of status 

11 and United States citizenship. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.— 

13 (1) AMOUNTS AUTHORIZED.—There are author14 ized to be appropriated such sums as may be nec15 essary for each of the fiscal years 2024 through 

16 2034 to carry out this section. 

17 (2) AVAILABILITY.—Any amounts appropriated 

18 pursuant to paragraph (1) shall remain available 

19 until expended. 

20 SEC. 311. PROVISIONS AFFECTING ELIGIBILITY FOR AD21 JUSTMENT OF STATUS. 

22 An alien’s eligibility to be lawfully admitted for per23 manent residence under this Act (whether on a conditional 

24 basis, or without the conditional basis as provided in sec25 tion 104(c)(2)) shall not preclude the alien from seeking 


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1 any status under any other provision of law for which the 

2 alien may otherwise be eligible. 

3 SEC. 312. SUPPLEMENTARY SURCHARGE FOR APPOINTED 

4 COUNSEL. 

5 (a) IN GENERAL.—Except as provided in section 302 

6 and in cases where the applicant is exempt from paying 

7 a fee under section 303(c), in any case in which a fee is 

8 charged pursuant to this Act, an additional surcharge of 

9 $25 shall be imposed and collected for the purpose of pro10 viding appointed counsel to applicants seeking judicial re11 view of the Secretary’s decision to provisionally deny an 

12 application under this Act. 

13 (b) IMMIGRATION COUNSEL ACCOUNT.—There is es14 tablished in the general fund of the Treasury a separate 

15 account which shall be known as the ‘‘Immigration Coun16 sel Account’’. Fees collected under subsection (a) shall be 

17 deposited into the Immigration Counsel Account and shall 

18 remain available until expended for purposes of providing 

19 appointed counsel as required under this Act. 

20 (c) REPORT.—At the end of each 2-year period, be21 ginning with the establishment of this account, the Sec22 retary of Homeland Security shall submit a report to the 

23 Congress concerning the status of the account, including 

24 any balances therein, and recommend any adjustment in 

25 the prescribed fee that may be required to ensure that the 


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1 receipts collected from the fee charged for the succeeding 

2 two years equal, as closely as possible, the cost of pro3 viding appointed counsel as required under this Act. 

4 SEC. 313. ANNUAL REPORT ON PROVISIONAL DENIAL AU5 THORITY. 

6 Not later than 1 year after the date of the enactment 

7 of this Act, and annually thereafter, the Secretary of 

8 Homeland Security shall submit to the Congress a report 

9 detailing the number of applicants that receive— 

10 (1) a provisional denial under this Act; 

11 (2) a final denial under this Act without seek12 ing judicial review; 

13 (3) a final denial under this Act after seeking 

14 judicial review; and 

15 (4) an approval under this Act after seeking ju16 dicial review. 

Æ 


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