133 
‘‘(D) INFORMATION
ABOUT
INDIVIDUALS 
WITH WHOM CHILDREN ARE PLACED.— 
‘‘(i) INFORMATION TO BE PROVIDED 
TO HOMELAND SECURITY.—Before placing 
a child with an individual, the Secretary of 
Health and Human Services shall provide 
to the Secretary of Homeland Security, re-
garding the individual with whom the child 
will be placed, information on— 
‘‘(I) the name of the individual; 
‘‘(II) the social security number 
of the individual; 
‘‘(III) the date of birth of the in-
dividual; 
‘‘(IV) the location of the individ-
ual’s residence where the child will be 
placed; 
‘‘(V) the immigration status of 
the individual, if known; and 
‘‘(VI) contact information for the 
individual. 
‘‘(ii) ACTIVITIES OF THE SECRETARY 
OF HOMELAND SECURITY.—Not later than 
30 days after receiving the information 
listed in clause (i), the Secretary of Home-
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134 
land Security, upon determining that an 
individual with whom a child is placed is 
unlawfully present in the United States 
and not in removal proceedings pursuant 
to chapter 4 of title II of the Immigration 
and Nationality Act (8 U.S.C. 1221 et 
seq.), shall initiate such removal pro-
ceedings.’’; and 
(B) in paragraph (5)— 
(i) by inserting after ‘‘to the greatest 
extent practicable’’ the following: ‘‘(at no 
expense to the Government)’’; and 
(ii) by striking ‘‘have counsel to rep-
resent them’’ and inserting ‘‘have access to 
counsel to represent them’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to any unaccompanied alien child 
(as such term is defined in section 462(g) of the Home-
land Security Act of 2002 (6 U.S.C. 279(g))) apprehended 
on or after the date that is 30 days after the date of the 
enactment of this Act. 
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135 
SEC. 503. SPECIAL IMMIGRANT JUVENILE STATUS FOR IM-
MIGRANTS UNABLE TO REUNITE WITH EI-
THER PARENT. 
Section 101(a)(27)(J) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(27)(J)) is amended— 
(1) in clause (i), by striking ‘‘, and whose reuni-
fication with 1 or both of the immigrant’s parents 
is not viable due to abuse, neglect, abandonment, or 
a similar basis found under State law’’; and 
(2) in clause (iii)— 
(A) in subclause (I), by striking ‘‘and’’ at 
the end; 
(B) in subclause (II), by inserting ‘‘and’’ 
after the semicolon; and 
(C) by adding at the end the following: 
‘‘(III) an alien may not be grant-
ed special immigrant status under this 
subparagraph if the alien’s reunifica-
tion with any one parent or legal 
guardian is not precluded by abuse, 
neglect, abandonment, or any similar 
cause under State law;’’. 
SEC. 504. RULE OF CONSTRUCTION. 
Nothing in this title shall be construed to limit the 
following procedures or practices relating to an unaccom-
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136 
panied alien child (as defined in section 462(g)(2) of the 
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))): 
(1) Screening of such a child for a credible fear 
of return to his or her country of origin. 
(2) Screening of such a child to determine 
whether he or she was a victim of trafficking. 
(3) Department of Health and Human Services 
policy in effect on the date of the enactment of this 
Act requiring a home study for such a child if he or 
she is under 12 years of age. 
TITLE VI—VISA OVERSTAYS 
PENALTIES 
SEC. 601. EXPANDED PENALTIES FOR ILLEGAL ENTRY OR 
PRESENCE. 
Section 275 of the Immigration and Nationality Act 
(8 U.S.C. 1325) is amended— 
(1) in subsection (a) by inserting after ‘‘for a 
subsequent commission of any such offense’’ the fol-
lowing: ‘‘or if the alien was previously convicted of 
an offense under subsection (e)(2)(A)’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘at least 
$50 and not more than $250’’ and inserting 
‘‘not less than $500 and not more than 
$1,000’’; and 
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(B) in paragraph (2), by inserting after 
‘‘in the case of an alien who has been previously 
subject to a civil penalty under this subsection’’ 
the following: ‘‘or subsection (e)(2)(B)’’; and 
(3) by adding at the end the following: 
‘‘(e) VISA OVERSTAYS.— 
‘‘(1) IN GENERAL.—An alien who was admitted 
as a nonimmigrant has violated this paragraph if the 
alien, for an aggregate of 10 days or more, has 
failed— 
‘‘(A) to maintain the nonimmigrant status 
in which the alien was admitted, or to which it 
was changed under section 248, including com-
plying with the period of stay authorized by the 
Secretary of Homeland Security in connection 
with such status; or 
‘‘(B) to comply otherwise with the condi-
tions of such nonimmigrant status. 
‘‘(2) PENALTIES.—An alien who has violated 
paragraph (1)— 
‘‘(A) shall— 
‘‘(i) for the first commission of such a 
violation, be fined under title 18, United 
States Code, or imprisoned not more than 
6 months, or both; and 
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‘‘(ii) for a subsequent commission of 
such a violation, or if the alien was pre-
viously convicted of an offense under sub-
section (a), be fined under such title 18, or 
imprisoned not more than 2 years, or both; 
and 
‘‘(B) in addition to, and not in lieu of, any 
penalty under subparagraph (A) and any other 
criminal or civil penalties that may be imposed, 
shall be subject to a civil penalty of— 
‘‘(i) not less than $500 and not more 
than $1,000 for each violation; or 
‘‘(ii) twice the amount specified in 
clause (i), in the case of an alien who has 
been previously subject to a civil penalty 
under this subparagraph or subsection 
(b).’’. 
TITLE VII—IMMIGRATION 
PAROLE REFORM 
SEC. 701. IMMIGRATION PAROLE REFORM. 
Section 212(d)(5) of the Immigration and Nationality 
Act (8 U.S.C. 1182(d)(5)) is amended to read as follows: 
‘‘(5)(A) Except as provided in subparagraphs (B) 
and (C) and section 214(f), the Secretary of Homeland 
Security, in the discretion of the Secretary, may tempo-
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139 
rarily parole into the United States any alien applying for 
admission to the United States who is not present in the 
United States, under such conditions as the Secretary may 
prescribe, on a case-by-case basis, and not according to 
eligibility criteria describing an entire class of potential 
parole recipients, for urgent humanitarian reasons or sig-
nificant public benefit. Parole granted under this subpara-
graph may not be regarded as an admission of the alien. 
When the purposes of such parole have been served in the 
opinion of the Secretary, the alien shall immediately re-
turn or be returned to the custody from which the alien 
was paroled. After such return, the case of the alien shall 
be dealt with in the same manner as the case of any other 
applicant for admission to the United States. 
‘‘(B) The Secretary of Homeland Security may grant 
parole to any alien who— 
‘‘(i) is present in the United States without 
lawful immigration status; 
‘‘(ii) is the beneficiary of an approved petition 
under section 203(a); 
‘‘(iii) is not otherwise inadmissible or remov-
able; and 
‘‘(iv) is the spouse or child of a member of the 
Armed Forces serving on active duty. 
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140 
‘‘(C) The Secretary of Homeland Security may grant 
parole to any alien— 
‘‘(i) who is a national of the Republic of Cuba 
and is living in the Republic of Cuba; 
‘‘(ii) who is the beneficiary of an approved peti-
tion under section 203(a); 
‘‘(iii) for whom an immigrant visa is not imme-
diately available; 
‘‘(iv) who meets all eligibility requirements for 
an immigrant visa; 
‘‘(v) who is not otherwise inadmissible; and 
‘‘(vi) who is receiving a grant of parole in fur-
therance of the commitment of the United States to 
the minimum level of annual legal migration of 
Cuban nationals to the United States specified in 
the U.S.-Cuba Joint Communique´ on Migration, 
done at New York September 9, 1994, and re-
affirmed in the Cuba-United States: Joint Statement 
on Normalization of Migration, Building on the 
Agreement of September 9, 1994, done at New York 
May 2, 1995. 
‘‘(D) The Secretary of Homeland Security may grant 
parole to an alien who is returned to a contiguous country 
under section 235(b)(3) to allow the alien to attend the 
alien’s immigration hearing. The grant of parole shall not 
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141 
exceed the time required for the alien to be escorted to, 
and attend, the alien’s immigration hearing scheduled on 
the same calendar day as the grant, and to immediately 
thereafter be escorted back to the contiguous country. A 
grant of parole under this subparagraph shall not be con-
sidered for purposes of determining whether the alien is 
inadmissible under this Act. 
‘‘(E) For purposes of determining an alien’s eligi-
bility for parole under subparagraph (A), an urgent hu-
manitarian reason shall be limited to circumstances in 
which the alien establishes that— 
‘‘(i)(I) the alien has a medical emergency; and 
‘‘(II)(aa) the alien cannot obtain necessary 
treatment in the foreign state in which the alien is 
residing; or 
‘‘(bb) the medical emergency is life-threatening 
and there is insufficient time for the alien to be ad-
mitted to the United States through the normal visa 
process; 
‘‘(ii) the alien is the parent or legal guardian of 
an alien described in clause (i) and the alien de-
scribed in clause (i) is a minor; 
‘‘(iii) the alien is needed in the United States 
in order to donate an organ or other tissue for 
transplant and there is insufficient time for the alien 
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142 
to be admitted to the United States through the nor-
mal visa process; 
‘‘(iv) the alien has a close family member in the 
United States whose death is imminent and the alien 
could not arrive in the United States in time to see 
such family member alive if the alien were to be ad-
mitted to the United States through the normal visa 
process; 
‘‘(v) the alien is seeking to attend the funeral 
of a close family member and the alien could not ar-
rive in the United States in time to attend such fu-
neral if the alien were to be admitted to the United 
States through the normal visa process; 
‘‘(vi) the alien is an adopted child with an ur-
gent medical condition who is in the legal custody of 
the petitioner for a final adoption-related visa and 
whose medical treatment is required before the ex-
pected award of a final adoption-related visa; or 
‘‘(vii) the alien is a lawful applicant for adjust-
ment of status under section 245 and is returning 
to the United States after temporary travel abroad. 
‘‘(F) For purposes of determining an alien’s eligi-
bility for parole under subparagraph (A), a significant 
public benefit may be determined to result from the parole 
of an alien only if— 
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143 
‘‘(i) the alien has assisted (or will assist, wheth-
er knowingly or not) the United States Government 
in a law enforcement matter; 
‘‘(ii) the alien’s presence is required by the Gov-
ernment in furtherance of such law enforcement 
matter; and 
‘‘(iii) the alien is inadmissible, does not satisfy 
the eligibility requirements for admission as a non-
immigrant, or there is insufficient time for the alien 
to be admitted to the United States through the nor-
mal visa process. 
‘‘(G) For purposes of determining an alien’s eligi-
bility for parole under subparagraph (A), the term ‘case- 
by-case basis’ means that the facts in each individual case 
are considered and parole is not granted based on mem-
bership in a defined class of aliens to be granted parole. 
The fact that aliens are considered for or granted parole 
one-by-one and not as a group is not sufficient to establish 
that the parole decision is made on a ‘case-by-case basis’. 
‘‘(H) The Secretary of Homeland Security may not 
use the parole authority under this paragraph to parole 
an alien into the United States for any reason or purpose 
other than those described in subparagraphs (B), (C), (D), 
(E), and (F). 
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144 
‘‘(I) An alien granted parole may not accept employ-
ment, except that an alien granted parole pursuant to sub-
paragraph (B) or (C) is authorized to accept employment 
for the duration of the parole, as evidenced by an employ-
ment authorization document issued by the Secretary of 
Homeland Security. 
‘‘(J) Parole granted after a departure from the 
United States shall not be regarded as an admission of 
the alien. An alien granted parole, whether as an initial 
grant of parole or parole upon reentry into the United 
States, is not eligible to adjust status to lawful permanent 
residence or for any other immigration benefit if the immi-
gration status the alien had at the time of departure did 
not authorize the alien to adjust status or to be eligible 
for such benefit. 
‘‘(K)(i) Except as provided in clauses (ii) and (iii), 
parole shall be granted to an alien under this paragraph 
for the shorter of— 
‘‘(I) a period of sufficient length to accomplish 
the activity described in subparagraph (D), (E), or 
(F) for which the alien was granted parole; or 
‘‘(II) 1 year. 
‘‘(ii) Grants of parole pursuant to subparagraph (A) 
may be extended once, in the discretion of the Secretary, 
for an additional period that is the shorter of— 
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145 
‘‘(I) the period that is necessary to accomplish 
the activity described in subparagraph (E) or (F) for 
which the alien was granted parole; or 
‘‘(II) 1 year. 
‘‘(iii) Aliens who have a pending application to adjust 
status to permanent residence under section 245 may re-
quest extensions of parole under this paragraph, in 1-year 
increments, until the application for adjustment has been 
adjudicated. Such parole shall terminate immediately upon 
the denial of such adjustment application. 
‘‘(L) Not later than 90 days after the last day of each 
fiscal year, the Secretary of Homeland Security shall sub-
mit to the Committee on the Judiciary of the Senate and 
the Committee on the Judiciary of the House of Rep-
resentatives and make available to the public, a report— 
‘‘(i) identifying the total number of aliens pa-
roled into the United States under this paragraph 
during the previous fiscal year; and 
‘‘(ii) containing information and data regarding 
all aliens paroled during such fiscal year, includ-
ing— 
‘‘(I) the duration of parole; 
‘‘(II) the type of parole; and 
‘‘(III) the current status of the aliens so 
paroled.’’. 
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146 
SEC. 702. IMPLEMENTATION. 
(a) IN GENERAL.—Except as provided in subsection 
(b), this title and the amendments made by this title shall 
take effect on the date that is 30 days after the date of 
the enactment of this Act. 
(b) EXCEPTIONS.—Notwithstanding subsection (a), 
each of the following exceptions apply: 
(1) Any application for parole or advance parole 
filed by an alien before the date of the enactment of 
this Act shall be adjudicated under the law that was 
in effect on the date on which the application was 
properly filed and any approved advance parole shall 
remain valid under the law that was in effect on the 
date on which the advance parole was approved. 
(2) Section 212(d)(5)(J) of the Immigration 
and Nationality Act, as added by section 701 of this 
title, shall take effect on the date of the enactment 
of this Act. 
(3) Aliens who were paroled into the United 
States pursuant to section 212(d)(5)(A) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(d)(5)(A)) before January 1, 2024, shall con-
tinue to be subject to the terms of parole that were 
in effect on the date on which their respective parole 
was approved. 
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SEC. 703. CAUSE OF ACTION. 
Any person, State, or local government that experi-
ences financial harm in excess of $1,000 due to a failure 
of the Federal Government to lawfully apply the provisions 
of this title or the amendments made by this title shall 
have standing to bring a civil action against the Federal 
Government in an appropriate district court of the United 
States for appropriate relief. 
SEC. 704. SEVERABILITY. 
If any provision of this title or any amendment by 
this title, or the application of such provision or amend-
ment to any person or circumstance, is held to be uncon-
stitutional, the remainder of this title and the application 
of such provision or amendment to any other person or 
circumstance shall not be affected. 
TITLE VIII—DIGNITY PROGRAM 
SEC. 801. ESTABLISHMENT. 
(a) IN GENERAL.—There is established a program, 
to be known as the ‘‘Dignity Program’’ under this subtitle, 
which shall provide for deferred action on removal and the 
provision of employment and travel authorization in the 
case of eligible applicants, in accordance with the provi-
sions of this subtitle. 
(b) ABOLITION OF 3- AND 10-YEAR BARS.—For pur-
poses of this subtitle, section 212(a)(9) of the Immigration 
and Nationality Act shall not apply for purposes of any 
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148 
person who applies and thereafter participates in the Dig-
nity Program. 
SEC. 802. ELIGIBILITY. 
The Secretary of Homeland Security shall approve an 
application to participate in the Dignity Program from an 
eligible alien subject to the following: 
(1) APPLICATION.—The applicant shall submit 
such information that the Secretary determines suf-
ficient to prove the following: 
(A) That the alien— 
(i) has been continually physically 
present in the United States for a period 
of not less than 5 years prior to the date 
of enactment of this Act; 
(ii) was granted deferred action pur-
suant to the Deferred Action for Childhood 
Arrivals policy announced by the Secretary 
of Homeland Security on June 15, 2012; 
or 
(iii) has completed or is enrolled in 
post-secondary schooling, including trade 
school or community college. 
(B) That the alien is not inadmissible 
under section 212(a) of the Immigration and 
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149 
Nationality Act (except that paragraph (9) shall 
not apply for purposes of this section). 
(2) SUBMISSION
OF
BIOMETRIC
AND
BIO-
GRAPHIC DATA; BACKGROUND CHECKS.— 
(A) SUBMISSION OF BIOMETRIC AND BIO-
GRAPHIC
DATA.—The Secretary may not ap-
prove such an application, unless the alien sub-
mits biometric and biographic data, in accord-
ance with procedures established by the Sec-
retary. The Secretary shall provide an alter-
native procedure for aliens who are unable to 
provide such biometric or biographic data be-
cause of a physical impairment. 
(B) BACKGROUND
CHECKS.—The Sec-
retary shall use biometric, biographic, and other 
data that the Secretary determines appropriate 
to conduct security and law enforcement back-
ground checks and to determine whether there 
is any criminal, national security, or other fac-
tor that would render the alien ineligible for 
participation in the Dignity Program in accord-
ance with paragraph (3). The application for 
participation in the Dignity Program may not 
be approved unless security and law enforce-
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150 
ment background checks are completed to the 
satisfaction of the Secretary. 
(3) GROUNDS
OF
INELIGIBILITY.—Except as 
provided in paragraph (2), an alien is ineligible for 
participation in the Dignity Program if, excluding 
any offense under State law for which an essential 
element is the alien’s immigration status, and any 
minor traffic offense, the alien has been convicted 
of— 
(A) any felony offense; 
(B) two or more misdemeanor offenses (ex-
cluding simple possession of cannabis or can-
nabis-related paraphernalia, any offense involv-
ing cannabis or cannabis-related paraphernalia 
which is no longer prosecutable in the State in 
which the conviction was entered, and any of-
fense involving civil disobedience without vio-
lence) not occurring on the same date, and not 
arising out of the same act, omission, or scheme 
of misconduct; or 
(C) a misdemeanor offense of domestic vio-
lence, unless the alien demonstrates that such 
crime is related to the alien having been— 
(i) a victim of domestic violence, sex-
ual assault, stalking, child abuse or ne-
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151 
glect, abuse or neglect in later life, or 
human trafficking; 
(ii) battered or subjected to extreme 
cruelty; or 
(iii) a victim of criminal activity de-
scribed in section 101(a)(15)(U)(iii) of the 
Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(U)(iii)). 
(4) WAIVERS FOR CERTAIN MISDEMEANORS.— 
For humanitarian purposes, family unity, or if oth-
erwise in the public interest, the Secretary may 
waive— 
(A) the grounds of inadmissibility under 
subparagraphs (A), (C), and (D) of section 
212(a)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(2)); and 
(B) consideration of— 
(i) one misdemeanor offense if the 
alien has not been convicted of any offense 
in the 5-year period preceding the date on 
which the alien applies for adjustment of 
status; or 
(ii) up to two misdemeanor offenses if 
the alien has not been convicted of any of-
fense in the 10-year period preceding the 
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152 
date on which the alien applies for adjust-
ment of status. 
SEC. 803. REGISTRATION; DEPARTURE. 
(a) REGISTRATION.—Any alien approved to partici-
pate in the Dignity Program shall— 
(1) register with the Secretary of Homeland Se-
curity; 
(2) submit biometric and biographic data to the 
Secretary; and 
(3) submit a sworn declaration stipulating to 
presence in the United States without a lawful immi-
gration status, and, as appropriate, unlawful pres-
ence, in the United States. 
(b) DEPARTURE.—Not later than 24 months after 
the date of the enactment of this Act, any alien present 
in the United States without lawful status under the immi-
gration laws shall apply for the Dignity Program or depart 
the United States. 
(c) INTENTIONAL SELF-DEPORTATION.—Any alien 
that voluntarily departs the United States not later than 
24 months after the date of the enactment of this Act shall 
not be subject to the provisions of section 212(a)(9) of 
the Immigration and Nationality Act with respect to— 
(1) 
any 
removal 
ordered 
under 
section 
235(b)(1) of such Act or at the end of proceedings 
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153 
under section 240 of such Act initiated upon the 
alien’s arrival in the United States; or 
(2) any removal ordered under section 240 of 
such Act, 
prior to the date of the enactment of this Act. 
(d) LIMITATION ON REMOVAL.—An alien who ap-
pears to be prima facie eligible for status under this sub-
title during the 24-month period following the date of en-
actment of this Act may not be removed or fined based 
on their immigration status— 
(1) during such period; and 
(2) in the case that the alien applies for status 
under this subtitle, until a final decision establishing 
ineligibility for such status is rendered. 
(e) EXCEPTION.—This section does not apply in the 
case of any alien with a valid Notice to Appear in immigra-
tion court or with a pending determination on their immi-
gration status that is not decided before this date. 
SEC. 804. PROGRAM PARTICIPATION. 
(a) IN GENERAL.—Any applicant who is approved to 
participate in the Dignity Program shall make an appoint-
ment with USCIS who shall issue an order deferring fur-
ther action for a period of 5 years. 
(b) CONDITIONS.—Each participant in the Dignity 
Program shall conform to the following: 
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(1) REPORT.—The participant shall biennially 
report to the Secretary of Homeland Security and 
provide the following information: 
(A) Place of residence. 
(B) Testimony as to good standing within 
the community. 
(2) LAWFUL CONDUCT.—The participant shall 
comply with all Federal and State laws. 
(3) EMPLOYMENT.—The participant shall re-
main, for a period of not less than 4 years during 
their participation in the Dignity Program, employed 
(including self-employment and serving as a care-
giver) or enrolled in a course of study at an institute 
of higher education, as defined in section 102 of the 
Higher Education Act of 1965 (20 U.S.C. 1002), or 
an area career and technical education school, as de-
fined in section 3 of the Carl D. Perkins Career and 
Technical Education Act of 2006 (20 U.S.C. 2302). 
The Secretary may waive the application of this 
paragraph in the case of any alien with dependents 
under the age of 12, any alien the Secretary deter-
mines would be unable to reasonably comply by rea-
son of a disability or other impediment, or anyone 
above 65 years of age. 
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(4) TAXES.—The participant shall pay any ap-
plicable taxes and satisfy any tax obligations out-
standing within 10 years of the date of application 
approval. 
(5) SUPPORT
DEPENDENTS.—The participant 
shall support any dependents including by providing 
food, shelter, clothing, education, and covering basic 
medical needs. 
(6) MEDICAL COSTS.— 
(A) IN
GENERAL.—The participant shall 
be enrolled under qualifying health coverage. 
(B) DEFINITION.—For purposes of this 
paragraph, the term ‘‘qualifying health cov-
erage’’ means, with respect to the participant, 
the higher of the following levels of coverage ap-
plicable to such alien: 
(i) At a minimum, catastrophic health 
insurance coverage that provides coverage 
of such individual with respect to at least 
the State of employment and State of resi-
dence of the alien. 
(ii) In the case of an alien whose 
State of residence or State of employment 
requires such an alien to maintain cov-
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156 
erage under health insurance, such health 
insurance. 
(7) PUBLIC BENEFITS.—Beginning on the date 
of participation in the Dignity Program, the partici-
pant shall not avail himself or herself of any Federal 
means-tested benefits or entitlement programs. For 
purposes of this paragraph, any benefits received by 
a child or dependent that is a United States citizen 
living in the same household shall not be taken into 
account. 
(8) LEVY.—In addition to other taxes, there is 
hereby imposed on the income of every participant a 
tax equal to 1.5 percent of the adjusted gross in-
come (as defined in section 3121(a) of the Internal 
Revenue Code of 1986) received by the individual 
with respect to employment (as defined in section 
3121(b) the Internal Revenue Code of 1986). The 
participant shall comply with the requirements of 
section 9512 of the Internal Revenue Code of 1986. 
(9) EXEMPTION
FROM
CERTAIN
PAYROLL 
TAXES.—A participant shall not be liable for any tax 
under section 3101 or 3102 of the Internal Revenue 
Code of 1986. 
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(c) AUTHORIZING PARTICIPANTS APPROVED TO PAR-
TICIPATE IN THE DIGNITY PROGRAM TO ENLIST IN THE 
ARMED FORCES.— 
(1) WAIVER.—Under this provision, for any in-
dividual in the Dignity program that enlists in the 
Armed Forces, the conditions outlined in subsection 
(b) shall be waived during their service. 
(2) COMPLETION OF TERM OF ENLISTMENT.— 
Upon completion of a term of enlistment, the re-
quirements of the Dignity Program shall be satisfied 
for that individual, and that individual shall be eligi-
ble to adjust to lawful permanent resident status 
through the Armed Forces. 
(d) VIOLATIONS.—If a participant violates a condi-
tion under subsection (b), the Secretary may at the Sec-
retary’s discretion, waive enforcement of minor violations 
including late fees, take extenuating circumstances into ef-
fect, or consider factors of undue hardship, but in all other 
cases, the Secretary shall initiate removal proceedings. In 
such proceedings, the immigration judge may make a de-
termination as to whether to order removal or to issue an 
order modifying the conditions of that participant’s par-
ticipation in the Dignity Program. 
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158 
SEC. 805. COMPLETION. 
(a) IN GENERAL.—Except as provided in subsection 
(c), upon satisfying the conditions set forth in subsection 
(b) and thereby successfully completing the Dignity Pro-
gram, the participant may choose to adjust status to that 
of an alien lawfully admitted for permanent residence. 
(b) COMPLETION.—The conditions set forth in this 
subsection for successful completion of the Dignity Pro-
gram are as follows: 
(1) Compliance with all requirements of section 
802(b)(1). 
(2) Compliance with the requirement of section 
802(b)(3) for the entire period of the participation 
in the Dignity Program. 
(c) LIMITATION ON APPLICABILITY.—No alien may 
adjust status to that of an alien lawfully admitted for per-
manent residence under this section until the Comptroller 
General of the United States certifies to Congress that— 
(1) U.S. Customs and Border Protection has 
achieved detection and apprehension rate of 80 per-
cent or higher for individuals attempting to cross the 
southern border of the United States unlawfully dur-
ing the previous 12-month period; and 
(2) construction of the border wall along the 
border between the United States and Mexico that 
were underway or being planned for prior to Janu-
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ary 20, 2021, has resumed in accordance with sec-
tion 102(a)(1) of division A. 
DIVISION C—AGRICULTURAL 
WORKER PROGRAM 
TITLE 
I—PROGRAM 
FOR 
EARNED 
STATUS 
ADJUST-
MENT 
OF 
AGRICULTURAL 
WORKERS 
SEC. 101. SHORT TITLE. 
This division may be cited as the ‘‘Agricultural Work-
er Program Act of 2024’’. 
SEC. 102. BLUE CARD STATUS. 
(a) REQUIREMENTS FOR BLUE CARD STATUS.—Not-
withstanding any other provision of law, the Secretary 
may grant blue card status to an alien who— 
(1)(A) has completed qualified work; 
(B)(i) is the spouse or child of an alien de-
scribed in subparagraph (A); 
(ii) was physically present in the United States 
on or before the date of the enactment of this Act; 
and 
(iii) has maintained continuous presence in the 
United States from that date until the date on which 
the alien is granted blue card status; or 
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160 
(C) is, or has been, a nonimmigrant alien ad-
mitted to the United States for agricultural employ-
ment described in section 101(a)(15)(H)(ii)(a) of 
such Act who has completed qualified work; 
(2) is not ineligible under subsection (d)(2); 
(3) submits a completed application before the 
end of the period set forth in subsection (b)(3); 
(4) passes the national security and law en-
forcement clearances required under subsection 
(d)(1) to the satisfactory of the Secretary; and 
(5) pays the required processing fees and pen-
alties in accordance with subsection (e). 
(b) APPLICATION.— 
(1) SUBMISSION REQUIREMENTS.—An alien de-
scribed in subsection (a)(1) who is seeking blue card 
status shall submit an application— 
(A) to the Secretary, with the assistance of 
an attorney or a nonprofit religious, charitable, 
social service, or similar organization recognized 
by the Board of Immigration Appeals under 
section 292.2 of title 8, Code of Federal Regu-
lations; or 
(B) to a qualified entity if the applicant 
consents to the forwarding of the application to 
the Secretary. 
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(2) EVIDENCE
OF
APPLICATION
FILING.—As 
soon as practicable after receiving each application 
for blue card status under paragraph (1), the Sec-
retary shall provide the applicant with a document 
acknowledging the receipt of such application. 
(3) APPLICATION PERIOD.— 
(A) INITIAL PERIOD.—Except as provided 
in subparagraphs (B) and (C), the Secretary 
shall accept applications for blue card status 
from aliens in the United States during the 18- 
month period beginning on the date on which 
the final rule is published in the Federal Reg-
ister pursuant to subsection (j). 
(B) EXCEPTION.—Aliens described in sub-
section (a)(1)(C) may apply for blue card status 
from outside of the United States. 
(C) EXTENSION.—If the Secretary deter-
mines, during the initial period described in 
subparagraph (A), that additional time is re-
quired to process applications for blue card sta-
tus or for other good cause, the Secretary may 
extend the period for accepting applications for 
an additional 18 months. 
(4) APPLICATION.— 
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(A) IN
GENERAL.—The application form 
referred to in paragraph (1) shall collect such 
information as the Secretary determines nec-
essary and appropriate. 
(B) FAMILY APPLICATION.—The Secretary 
shall establish a process through which an alien 
may submit a single application under this sec-
tion on behalf of the alien and his or her spouse 
and children who meet the requirements set 
forth in subsection (a)(1)(B). 
(5) ADJUDICATION.— 
(A) 
INTERVIEW.—The 
Secretary 
may 
interview applicants for blue card status to de-
termine whether they meet the eligibility re-
quirements set forth in this section. 
(B) FAILURE TO SUBMIT SUFFICIENT EVI-
DENCE.—The Secretary may deny an applica-
tion for blue card status submitted by an alien 
who fails to submit evidence of the alien’s eligi-
bility for such status. 
(C) NOTICE.—If the Secretary denies an 
application for blue card status, the Secretary 
shall— 
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163 
(i) send a written notice to the appli-
cant that provides the applicant with the 
basis for denial; and 
(ii) provide the alien with an oppor-
tunity to cure the denial within a reason-
able time. 
(D) AMENDED
APPLICATION.—An alien 
whose application for blue card status is denied 
under subparagraph (B) may submit an amend-
ed application for such status to the Secretary 
if the amended application— 
(i) is submitted within the application 
period described in paragraph (3); and 
(ii) contains all the required informa-
tion and fees that were missing from the 
initial application. 
(E) ADDITIONAL PROCEDURES.—The Sec-
retary may utilize the procedures set forth in 
sections 103.2 and 103.3 of title 8, Code of 
Federal Regulations, as in effect on the date of 
the enactment of this Act, to adjudicate re-
quests for blue card status to the extent such 
procedures are consistent with the requirements 
under this section. 
(6) EVIDENCE OF BLUE CARD STATUS.— 
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164 
(A) IN
GENERAL.—The Secretary shall 
issue documentary evidence of blue card status 
to each alien whose application for such status 
has been approved. 
(B) DOCUMENTATION
FEATURES.—Docu-
mentary evidence provided under subparagraph 
(A)— 
(i) shall be machine-readable and tam-
per-resistant; 
(ii) shall contain a digitized photo-
graph; 
(iii) shall, during the alien’s author-
ized period of admission, and any exten-
sion of such authorized admission, serve as 
a valid travel and entry document for the 
purpose of applying for admission to the 
United States; 
(iv) may be accepted during the pe-
riod of its validity by an employer as evi-
dence of employment authorization and 
identity under section 274A(b)(1)(B) of 
the Immigration and Nationality Act (8 
U.S.C. 1324a(b)(1)(B)); and 
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165 
(v) shall include such other features 
and information as the Secretary may pre-
scribe. 
(c) SPECIAL RULES FOR BLUE CARD APPLICANTS 
AND ALIENS ELIGIBLE FOR BLUE CARD STATUS.— 
(1) ALIENS APPREHENDED BEFORE OR DURING 
THE APPLICATION PERIOD.—If an alien, who is ap-
prehended during the period beginning on the date 
of the enactment of this Act and ending on the last 
day of the application period described in paragraph 
(3), appears prima facie eligible for blue card status, 
the Secretary— 
(A) shall provide the alien with a reason-
able opportunity to submit an application for 
such status under this section during such ap-
plication period; and 
(B) may not remove the individual until a 
final administrative determination is made on 
the application. 
(2) ALIENS IN REMOVAL PROCEEDINGS.—Not-
withstanding any other provision of the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) if an 
alien is in removal, deportation, or exclusion pro-
ceedings during the period beginning on the date of 
the enactment of this Act and ending on the last day 
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166 
of the application period described in subsection 
(b)(3) and is prima facie eligible for blue card status 
under this section, upon motion by the Secretary 
and with the consent of the alien or upon motion by 
the alien, the Executive Office for Immigration Re-
view shall— 
(A) terminate such proceedings without 
prejudice to future proceedings; and 
(B) permit the alien a reasonable oppor-
tunity to apply for such status. 
(3) TREATMENT OF ALIENS PREVIOUSLY OR-
DERED REMOVED.— 
(A) IN GENERAL.—If an alien who meets 
the eligibility requirements set forth in sub-
section (a) is present in the United States and 
has been ordered excluded, deported, or re-
moved, or ordered to depart voluntarily from 
the United States under any provision of the 
Immigration and Nationality Act— 
(i) notwithstanding such order or sec-
tion 241(a)(5) of the Immigration and Na-
tionality Act (8 U.S.C. 1231(a)(5)), the 
alien may apply for blue card status under 
this section; and 
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167 
(ii) if the alien is granted such status, 
the alien may file a motion to reopen the 
exclusion, deportation, removal, or vol-
untary departure order, which motion shall 
be granted. 
(B) LIMITATIONS
ON
MOTIONS
TO
RE-
OPEN.—The limitations on motions to reopen 
set forth in section 240(c)(7) of the Immigra-
tion and Nationality Act (8 U.S.C. 1229a(c)(7)) 
shall not apply to motions filed under subpara-
graph (A)(ii). 
(4) PERIOD PENDING ADJUDICATION OF APPLI-
CATION.—During the period beginning on the date 
on which an alien applies for blue card status under 
this section and ending on the date on which the 
Secretary makes a final decision regarding such ap-
plication, the alien— 
(A) is eligible to apply for advance parole; 
(B) may not be detained by the Secretary 
or removed from the United States unless the 
Secretary makes a prima facie determination 
that such alien is, or has become, ineligible for 
blue card status under subsection (d)(2); 
(C) shall not be considered unlawfully 
present under section 212(a)(9)(B) of the Im-
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168 
migration and Nationality Act (8 U.S.C. 
1182(a)(9)(B)); and 
(D) shall not be considered an unauthor-
ized alien (as defined in section 274A(h)(3) of 
the Immigration and Nationality Act (8 U.S.C. 
1324a(h)(3))). 
(5) EFFECT OF DEPARTURE.—Section 101(g) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(g)) shall not apply to an alien granted— 
(A) advance parole under paragraph (4)(A) 
to reenter the United States; or 
(B) blue card status. 
(6) PROTECTION
FROM
DETENTION
OR
RE-
MOVAL
DURING
BLUE
CARD
STATUS.—An alien 
granted blue card status under this section may not 
be detained by the Secretary or removed from the 
United States unless— 
(A) the alien is removable under section 
237 of the Immigration and Nationality Act (8 
U.S.C. 1227); or 
(B) the alien’s blue card status has been 
revoked. 
(7) DURATION OF STATUS.—Beginning on the 
date that is eight years after the date on which reg-
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ulations are published under subsection (j), no alien 
may remain in blue card status. 
(d) REQUIRED BACKGROUND INVESTIGATIONS AND 
INELIGIBILITY.— 
(1) IN GENERAL.— 
(A) BIOMETRIC AND BIOGRAPHIC DATA.— 
The Secretary may not grant blue card status 
to an alien or an alien dependent spouse or 
child under this section unless such alien sub-
mits biometric and biographic data in accord-
ance with procedures established by the Sec-
retary. 
(B) 
ALTERNATIVE
PROCEDURES.—The 
Secretary shall provide an alternative procedure 
for applicants who cannot provide the standard 
biometric data required under subparagraph 
(A) because of a physical impairment. 
(C) DATA
COLLECTION.—The Secretary 
shall collect, from each alien applying for status 
under this section, biometric, biographic, and 
other data that the Secretary determines to be 
appropriate in order to conduct a background 
investigation and determine the alien’s eligi-
bility for blue card status. 
(2) GROUNDS FOR INELIGIBILITY.— 
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(A) IN GENERAL.—Except as provided in 
subparagraph (B), an alien is ineligible for blue 
card status if the Secretary determines that the 
alien— 
(i) has a conviction for— 
(I) an offense classified as a fel-
ony in the convicting jurisdiction 
(other than a State or local offense 
for which an essential element was the 
alien’s immigration status, or a viola-
tion of the Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.)); 
(II) an aggravated felony (as de-
fined in section 101(a)(43) of the Im-
migration and Nationality Act (8 
U.S.C. 1101(a)(43)) at the time of 
the conviction); 
(III) 3 or more misdemeanor of-
fenses (other than minor traffic of-
fenses or State or local offenses for 
which an essential element was the 
alien’s immigration status, or viola-
tions of the Immigration and Nation-
ality Act) if the alien was convicted on 
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171 
different dates for each of the 3 of-
fenses; 
(IV) any offense under foreign 
law, except for a purely political of-
fense, which, if the offense had been 
committed in the United States, 
would render the alien inadmissible 
under section 212(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 
1182(a)), excluding the paragraphs 
set forth in clause (ii), or removable 
under section 237(a) of such Act (8 
U.S.C. 1227(a)), except as provided in 
paragraph (3) of such section 237(a); 
or 
(V) unlawful voting (as defined 
in section 237(a)(6) of the Immigra-
tion and Nationality Act (8 U.S.C. 
1227(a)(6))); 
(ii) is inadmissible under section 
212(a) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)), except that in de-
termining an alien’s inadmissibility— 
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(I) paragraphs (4), (5), (7), and 
(9)(B) of such section 212(a) shall 
not apply; 
(II) subparagraphs (A), (C), (D), 
(F), and (G) of such section 212(a)(6) 
and paragraphs (9)(C) and (10)(B) of 
such section 212(a) shall not apply 
unless based on the act of unlawfully 
entering the United States after the 
date of the enactment of this Act; and 
(III) 
paragraphs 
(6)(B) 
and 
(9)(A) of such section 212(a) shall 
not apply unless the relevant conduct 
began on or after the date on which 
the alien files an application for reg-
istered provisional immigrant status 
under this section; 
(iii) is an alien who the Secretary 
knows or has reasonable grounds to be-
lieve, is engaged in or is likely to engage 
after entry in any terrorist activity (as de-
fined in section 212(a)(3)(B)(iv) of such 
Act); or 
(iv) was, on the date of the enactment 
of this Act— 
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173 
(I) an alien lawfully admitted for 
permanent residence; or 
(II) an alien admitted as a ref-
ugee under section 207 of the Immi-
gration and Nationality Act (8 U.S.C. 
1157) or granted asylum under sec-
tion 208 of such Act (8 U.S.C. 1158). 
(B) WAIVER.— 
(i) IN GENERAL.—The Secretary may 
waive the application of subparagraph 
(A)(i)(III) or any provision of section 
212(a) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)) that is not listed in 
clause (ii) on behalf of an alien for human-
itarian purposes, to ensure family unity, or 
if such a waiver is otherwise in the public 
interest. Any discretionary authority to 
waive grounds of inadmissibility under 
such section 212(a) conferred under any 
other provision of the Immigration and 
Nationality Act shall apply equally to 
aliens seeking blue card status under this 
section. 
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(ii) EXCEPTIONS.—The discretionary 
authority under clause (i) may not be used 
to waive— 
(I) 
subparagraph 
(B), 
(C), 
(D)(ii), (E), (G), (H), or (I) of section 
212(a)(2) of such Act; 
(II) section 212(a)(3) of such 
Act; or 
(III) subparagraph (A), (C), (D), 
or (E) of section 212(a)(10) of such 
Act. 
(C) CONVICTION
EXPLAINED.—For pur-
poses of this paragraph, the term ‘‘conviction’’ 
does not include a judgment that has been ex-
punged, set aside, or the equivalent. 
(D) RULE OF CONSTRUCTION.—Nothing in 
this paragraph may be construed to require the 
Secretary to commence removal proceedings 
against an alien. 
(e) FEES AND PENALTIES.— 
(1) STANDARD
PROCESSING
FEE.—Aliens 16 
years of age or older who are applying for blue card 
status under this subsection, or for an extension of 
such status, shall pay a processing fee to the De-
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