American Hope Act of 2017

To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine State residency for higher education purposes and to authorize the cancellation of removal and adjustment of status of certain aliens who are United States residents and who entered the United States as children, and for other purposes. 1. Short title This Act may be cited as the American Hope Act of 2017 2. Definitions In this Act: (1) Eligible nonprofit organization The term eligible nonprofit organization (2) Institution of higher education The term institution of higher education 20 U.S.C. 1001 (3) Secretary Except as otherwise specifically provided, the term Secretary 3. Restoration of State option to determine residency for purposes of higher education benefits (a) In general Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1623 (b) Effective date The repeal under subsection (a) shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 4. Cancellation of removal and adjustment of status of certain residents who entered the United States as children (a) Special rule for certain residents who entered the united states as children (1) In general Notwithstanding any other provision of law and except as otherwise provided in this Act, the Secretary of Homeland Security shall cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, subject to the conditional basis described in section 5, an alien who is inadmissible or deportable from the United States, if the alien demonstrates that— (A) the alien has been continuously present in the United States since December 31, 2016, and was younger than 18 years of age on the date the alien initially entered the United States; and (B) the alien is not inadmissible under paragraph (2), (3), (8), (10)(A), (10)(C), or (10)(E) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) (2) Waiver Notwithstanding paragraph (1), the Secretary of Homeland Security may waive the application of section 212(a)(2) of the Immigration and Nationality Act where the ground of inadmissibility pertains to an offense for which immigration status is an essential element, a misdemeanor offense (or its equivalent), or any other offense that is not a crime of violence, when such waiver serves humanitarian purposes or family unity or is otherwise in the public interest. (3) Procedures The Secretary of Homeland Security shall by rule establish a procedure allowing eligible individuals to apply for the relief available under this subsection without requiring placement in removal proceedings. Such procedure shall provide for the ability of a minor to apply for such relief, including through a legal guardian or counsel. An individual shall not be considered ineligible to apply for such relief because the individual is in removal proceedings or has previously been ordered removed. (4) Background checks The Secretary of Homeland Security, in coordination with other departments and agencies as appropriate, shall conduct background checks on all aliens under this subsection. (b) Termination of continuous period For purposes of this section, any period of continuous presence in the United States of an alien who applies for cancellation of removal under this section shall not be considered to have terminated when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act ( 8 U.S.C. 1229(a) (c) Treatment of certain breaks in presence (1) In general An alien shall be considered to have failed to maintain continuous presence in the United States under subsection (a) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days, unless such departure was authorized by the Secretary of Homeland Security. (2) Exception An alien who departed from the United States after the date of enactment of this Act shall not be considered to have failed to maintain continuous presence in the United States if the alien’s absences from the United States are brief, casual, and innocent, whether or not such absences were authorized by the Secretary. (3) Extensions for exceptional circumstances The Secretary of Homeland Security may extend the time periods described in paragraph (1) if the alien demonstrates that the failure to timely return to the United States was due to exceptional circumstances. Exceptional circumstances sufficient to justify an extension may include the serious illness of the alien, or death or serious illness of a spouse, parent, grandparent, sibling, or child. (d) Exemption from numerical limitations Nothing in this section may be construed to apply a numerical limitation on the number of aliens who may be eligible for cancellation of removal or adjustment of status under this section. (e) Regulations (1) Proposed regulations Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall publish proposed regulations implementing this section. Such regulations shall be effective immediately on an interim basis, but are subject to change and revision after public notice and opportunity for a period for public comment. (2) Interim, final regulations Within a reasonable time and no later than 180 days after publication of the interim regulations in accordance with paragraph (1), the Secretary of Homeland Security shall publish final regulations implementing this section. (f) Administrative review Any alien receiving an adverse determination on the application for cancellation of removal and conditional lawful permanent resident status under this section may request review of such determination by the Secretary of Homeland Security. (g) Removal of alien Notwithstanding any other provision of law, the Secretary of Homeland Security may not remove any alien who has a pending application for conditional permanent resident status, or is prima facie eligible for such status, under section 5 of this Act. 5. Conditional permanent resident status (a) In general (1) Conditional basis for status Notwithstanding any other provision of law, and except as provided in section 6, an alien whose status has been adjusted under section 4 to that of an alien lawfully admitted for permanent residence shall be considered to have obtained such status on a conditional basis subject to the provisions of this section. Such conditional permanent resident status shall be valid for a period of 8 years, subject to termination under subsection (b). (2) Notice of requirements (A) At time of obtaining permanent residence At the time an alien obtains permanent resident status on a conditional basis under paragraph (1), the Secretary of Homeland Security shall provide for notice to the alien regarding the provisions of this section and the requirements of subsection (c) to have the conditional basis of such status removed. (B) Effect of failure to provide notice The failure of the Secretary of Homeland Security to provide a notice under this paragraph— (i) shall not affect the enforcement of the provisions of this Act with respect to the alien; and (ii) shall not give rise to any private right of action by the alien. (b) Termination of status (1) In general The Secretary of Homeland Security shall terminate the conditional permanent resident status of any alien who obtained such status under this Act, if the Secretary determines that the alien has since engaged in conduct that renders the alien deportable under section 237(a) of the Immigration and Nationality Act. (2) Return to previous immigration status Any alien whose conditional permanent resident status is terminated under paragraph (1) shall revert to the immigration status the alien had immediately prior to receiving conditional permanent resident status under this Act. (3) Administrative review Any alien whose conditional permanent resident status is terminated under paragraph (1) may request review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that a condition described in paragraph (1) is met. (c) Requirements of timely petition for removal of condition (1) In general In order for the conditional basis of permanent resident status obtained by an alien under subsection (a) to be removed, the alien must file with the Secretary of Homeland Security, in accordance with paragraph (3) of this subsection, a petition which requests the removal of such conditional basis and which provides, under penalty of perjury, the facts and information so that the Secretary may make the determination described in paragraph (2)(A) of this subsection. (2) Adjudication of petition to remove condition (A) In general If a petition is filed for an alien in accordance with paragraph (1) of this subsection, the Secretary of Homeland Security shall make a determination as to whether the alien meets the requirements set out in subparagraphs (A) through (C) of subsection (d)(1). (B) Removal of conditional basis if favorable determination If the Secretary determines that the alien meets such requirements, the Secretary shall notify the alien of such determination and immediately remove the conditional basis of the status of the alien. (C) Termination if adverse determination If the Secretary determines that the alien does not meet such requirements, the Secretary shall notify the alien of such determination and terminate the conditional permanent resident status of the alien. (D) Administrative review An alien whose conditional permanent resident status is terminated under subparagraph (C) may request review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that the alien has not met the requirements of subparagraph (A). (3) Time to file petition Except as provided in subsection (d)(3), an alien may petition to remove the conditional basis to lawful resident status beginning six months before the date on which the alien is expected to satisfy the requirement of subsection (d)(1)(C). The alien shall be deemed in conditional permanent resident status in the United States during the period in which the petition is pending. (d) Details of petition (1) Contents of petition Each petition for an alien under subsection (c)(1) shall contain information to permit the Secretary of Homeland Security to determine whether each of the following requirements is met: (A) The alien has complied with section 4(a)(1)(B) throughout the period of conditional permanent resident status. (B) The alien has not abandoned the alien’s residence in the United States. The Secretary shall presume that the alien has abandoned such residence if the alien is absent from the United States for more than 365 days, in the aggregate, during the period of conditional residence, unless the alien demonstrates that alien has not abandoned the alien’s residence. An alien who is absent from the United States due to active service in the uniformed services has not abandoned the alien’s residence in the United States during the period of such service. (C) The alien has maintained the conditional permanent resident status for at least 3 years. (2) Special rule for daca recipients Any period of time in which the alien was granted deferred action pursuant to the Deferred Action for Childhood Arrivals policy established in the June 15, 2012, memorandum from the Secretary of Homeland Security, titled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children, shall count toward the 3-year period described in paragraph (1)(C). (e) Treatment of period for purposes of naturalization For purposes of title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 8 U.S.C. 1439 (f) Renewed background checks The Secretary of Homeland Security, in coordination with other departments and agencies as appropriate, shall conduct new background checks on all aliens filing petitions under this subsection. 6. Exclusive jurisdiction The Secretary of Homeland Security shall have exclusive jurisdiction to determine eligibility for relief under this Act, except where the alien has been placed into deportation, exclusion, or removal proceedings either prior to or after filing an application for relief under this Act, in which case the Attorney General shall have exclusive jurisdiction and shall assume all the powers and duties of the Secretary until proceedings are terminated, or if a final order of deportation, exclusion, or removal is entered the Secretary shall resume all powers and duties delegated to the Secretary under this Act. 7. Confidentiality of information (a) Prohibition Except as provided in subsection (b), no officer or employee of the United States may— (1) use the information furnished by the alien pursuant to an application filed under this Act to initiate removal proceedings against any person identified in the application; (2) make any publication whereby the information furnished by any particular individual pursuant to an application under this Act can be identified; or (3) permit anyone other than an officer or employee of the United States Government or, in the case of applications filed under this Act with a designated entity, that designated entity, to examine applications filed under this Act. (b) Required disclosure The Attorney General or the Secretary of Homeland Security shall provide the information furnished under this section, and any other information derived from such furnished information, to— (1) a duly recognized law enforcement entity in connection with an investigation or prosecution of an offense described in paragraph (2) or (3) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) (2) an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime). (c) Penalty Whoever knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $50,000. 8. Grant program to assist eligible applicants (a) Establishment The Secretary may establish, within U.S. Citizenship and Immigration Services, a program to award grants, on a competitive basis, to eligible nonprofit organizations that will use the funding to assist eligible applicants under this Act by providing them with the services described in subsection (b). (b) Use of funds Grant funds awarded under this section may be used for the design and implementation of programs that provide— (1) information to the public regarding the eligibility and benefits of conditional lawful permanent residence authorized under this Act, particularly to individuals potentially eligible for such status; (2) assistance, within the scope of authorized practice of immigration law, to individuals submitting applications for conditional lawful permanent residence, including— (A) screening prospective applicants to assess their eligibility for such status; (B) completing applications and petitions, including providing assistance in obtaining the requisite documents and supporting evidence; (C) applying for any waivers for which applicants and qualifying family members may be eligible; and (D) providing any other assistance that the Secretary or grantee considers useful or necessary to apply for conditional lawful permanent residence; and (3) assistance, within the scope of authorized practice of immigration law, and instruction, to individuals— (A) on the rights and responsibilities of United States citizenship; (B) in civics and English as a second language; (C) in preparation for the General Education Development exam; and (D) in applying for adjustment of status and United States citizenship. (c) Authorization of appropriations (1) Amounts authorized There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2017 through 2027 to carry out this section. (2) Availability Any amounts appropriated pursuant to paragraph (1) shall remain available until expended. 9. Presidential award for business leadership in promoting American citizenship (a) Establishment There is established the Presidential Award for Business Leadership in Promoting American Citizenship, which shall be awarded to companies and other organizations that make extraordinary efforts in assisting their employees and members to learn English, attain General Education Development preparation and certification, and increase their understanding of American history and civics. (b) Selection and presentation of award (1) Selection The President, upon recommendations from the Secretary, the Secretary of Labor, and the Secretary of Education, shall periodically award the Citizenship Education Award to large and small companies and other organizations described in subsection (a). (2) Presentation The presentation of the award shall be made by the President, or designee of the President, in conjunction with an appropriate ceremony. 10. English learning program (a) In general The Secretary of Education shall develop an open source electronic program that is useable on personal computers and through the Internet, which— (1) provides instruction on the English language (including instruction on how to pass the Test of English as a Foreign Language) to individuals whose primary language is a language other than English and who are at various levels of proficiency with respect to the English language, including individuals with the ability to pass the Test of English as a Foreign Language; (2) is available to the public for free, including on the website of the Department of Education; (3) is readily accessible to public libraries throughout the United States; and (4) is fully accessible, at a minimum, to speakers of the top 6 foreign languages spoken by immigrants to the United States. (b) Authorization of appropriations There is authorized to be appropriated to the Secretary of Education such sums as are necessary to carry out the purposes of this section. 11. Higher education assistance (a) In general Notwithstanding subsections (a)(5) and (g) of section 484 of the Higher Education Act of 1965 ( 20 U.S.C. 1091 20 U.S.C. 1001 20 U.S.C. 1070 (1) Federal grants under part A ( 20 U.S.C. 1070 (2) Federal work-study programs under part C ( 42 U.S.C. 2751 (3) Federal student loans under parts D and E ( 20 U.S.C. 1087a (4) Services not otherwise covered under paragraphs (1) through (3). (5) Need analysis and refunds calculated under parts F and G ( 20 U.S.C. 1087kk (b) Other requirements An individual described in subsection (a) may only receive the assistance described in subsection (a) for which such individual would be otherwise eligible (but for such individual’s immigration status). 12. GAO report Not later than 7 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives setting forth— (1) the number of aliens who were eligible for cancellation of removal and adjustment of status under this Act; (2) the number of aliens who applied for adjustment of status under this Act; (3) the number of aliens who were granted adjustment of status under this Act; and (4) the number of aliens whose conditional permanent resident status was removed under this Act.

Summary: American Hope Act of 2017 This bill amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to allow a state to extend higher-education benefits to state residents regardless of whether they are lawfully present in the United States. In addition, the bill requires the Department of Homeland Security (DHS) to cancel the removal, and adjust the status, of certain residents who entered the United States as children prior to 2017. An individual whose status has been so adjusted shall be considered to have obtained conditional permanent-resident status, valid for a period of eight years and subject to termination on the basis of specified deportable conduct. In order for an individual's conditional status to become permanent, the individual must timely file with DHS a petition indicating, among other specified information, that the individual has maintained conditional permanent-resident status for at least three years. Any period of time in which the individual was granted deferred action pursuant to the Deferred Action for Childhood Arrivals policy shall count toward this three-year period. Information furnished by an individual in such a petition may not be used by an officer or employee of the United States to initiate removal proceedings. The bill also: (1) allows DHS to establish a competitive grant program for the provision of nonprofit assistance to eligible applicants for conditional permanent-resident status; (2) establishes the Presidential Award for Business Leadership in Promoting American Citizenship; (3) allows the Department of Education to develop an open-source, electronic English-learning program; (4) specifies requirements related to federal higher-education assistance for individuals with conditional permanent-resident status; and (5) requires the Government Accountability Office to report on specified data related to the bill.