I 
117TH CONGRESS 
1ST SESSION H. R. 5700 
To provide individuals who performed rescue, recovery, demolition, debris 
cleanup, or other related services after the September 11 terrorist attacks 
an opportunity to adjust their status to that of lawful permanent resi-
dents, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 22, 2021 
Ms. OCASIO-CORTEZ (for herself, Mr. ESPAILLAT, Ms. MENG, Mr. JONES, Ms. 
NORTON, Mrs. CAROLYN B. MALONEY of New York, Mr. TONKO, Mr. 
TORRES of New York, Mr. NADLER, Mr. BOWMAN, Ms. VELA´ZQUEZ, Ms. 
JACKSON LEE, Mrs. WATSON COLEMAN, Mr. GARCI´A of Illinois, Ms. 
SCHAKOWSKY, Mr. MCGOVERN, Ms. JAYAPAL, Ms. CLARKE of New York, 
Mr. PAYNE, Mr. CARSON, Mr. BLUMENAUER, and Mr. COHEN) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
A BILL 
To provide individuals who performed rescue, recovery, demo-
lition, debris cleanup, or other related services after the 
September 11 terrorist attacks an opportunity to adjust 
their status to that of lawful permanent residents, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘9/11 Immigrant Work-
er Freedom Act’’. 
SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN WORKERS 
AFTER TERRORIST ATTACKS. 
(a) ADJUSTMENT OF STATUS.—Notwithstanding any 
other provision of law, the Secretary of Homeland Security 
or the Attorney General shall adjust the status of any indi-
vidual described in subsection (b) to that of an alien law-
fully admitted for permanent residence if such individual 
applies for such adjustment not later than 18 months 
after the date of the enactment of this Act, which may 
be extended at the discretion of the Secretary in cases with 
compelling circumstances. 
(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA-
TUS.— 
(1) IN GENERAL.—The benefit provided by sub-
section (a) shall apply to any alien who— 
(A) worked or volunteered onsite in rescue, 
recovery, debris cleanup, or related support 
services in lower Manhattan (south of Canal 
St.), the Staten Island Landfill, or the barge 
loading piers, for at least 4 hours during the 
period beginning on September 11, 2001, and 
ending on September 14, 2001, for at least 24 
hours during the period beginning on Sep-
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tember 11, 2001, and ending on September 30, 
2001, or for at least 80 hours during the period 
beginning on September 11, 2001, and ending 
on July 31, 2002; 
(B) was a vehicle-maintenance worker who 
was exposed to debris from the former World 
Trade Center while retrieving, driving, cleaning, 
repairing, and maintaining vehicles contami-
nated by airborne toxins from the September 
11, 2001, terrorist attacks for any time during 
the period beginning on September 11, 2001, 
and ending on July 31, 2002; 
(C) was a member of a fire or police de-
partment (whether fire or emergency personnel, 
active or retired), worked for a recovery or 
cleanup contractor, or was a volunteer; and per-
formed rescue, recovery, demolition, debris 
cleanup, or other related services at the Pen-
tagon site of the terrorist-related aircraft crash 
of September 11, 2001, during the period be-
ginning on September 11, 2001, and ending on 
November 19, 2001; or 
(D) was a member of a fire or police de-
partment (whether fire or emergency personnel, 
active or retired), worked for a recovery or 
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cleanup contractor, or was a volunteer; and per-
formed rescue, recovery, demolition, debris 
cleanup, or other related services at the 
Shanksville, Pennsylvania, site of the terrorist- 
related aircraft crash of September 11, 2001, 
during the period beginning on September 11, 
2001, and ending on October 3, 2001. 
(2) EXCEPTION.—An alien shall not be pro-
vided any benefit under this section if the Secretary 
of Homeland Security or the Attorney General deter-
mines that the alien has willfully made a material 
misrepresentation or material omission in the proffer 
of information described in paragraph (1). 
(c) WORK AUTHORIZATION.—An alien who has ap-
plied for adjustment of status under subsection (a) shall 
be provided authorization to engage in employment in the 
United States during the pendency of such application. 
(d) FEE WAIVER BASED
ON
AN INABILITY TO 
PAY.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall waive fees with respect to the filing of 
an application under this section for an alien who 
demonstrates to the satisfaction of the Secretary 
that such alien— 
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(A) is the recipient of a means-tested ben-
efit where the Federal, State, or local agency 
administering such public benefit considers the 
income and resources of the individual in grant-
ing such benefit; 
(B) has an income is no greater than 250 
percent of the Federal poverty guidelines; or 
(C) faces extraordinary financial hardship 
that prevents them from paying the filing fee. 
(2) CORRECTIVE
FILING.—If the Secretary 
finds that an applicant is ineligible for a fee waiver 
under this subsection, the Secretary shall notify ap-
plicants of the basis for such ineligibility, and allow 
applicants 90 days from the date on which the Sec-
retary provides such notice to submit additional evi-
dence of eligibility. Such applicant shall retain the 
original filing date of the application or petition as-
sociated with the fee waiver. 
(3) FEDERAL
POVERTY
GUIDELINES.—The 
term ‘‘Federal poverty guidelines’’ has the meaning 
given such term by the Director of the Office of 
Management and Budget, as revised annually by the 
18 Secretary of Health and Human Services in ac-
cordance with section 673(2) of the Omnibus Budget 
Reconciliation Act of 1981 (42 U.S.C. 9902(2)). 
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(4) PUBLIC CHARGE.— 
(A) FINDING
OF
PUBLIC
CHARGE.—Re-
ceipt of an application for a fee waiver under 
this section shall not be considered in a public 
charge 
determination 
pursuant 
to 
section 
212(a)(4) or section 237(a)(5). 
(B) SPONSORS.—Receipt of or application 
for a fee waiver by the sponsor of an immigra-
tion petition shall not be considered as a factor 
in consideration of an affidavit of support filed 
by the sponsor. 
(e) CONSTRUCTION.—Nothing in this section may be 
construed— 
(1) to limit the existing authority of the Sec-
retary of Homeland Security or the Attorney Gen-
eral on the date of the enactment of this Act to re-
quire any form or other submission of information 
or to perform any background or security check for 
the purpose of determining the admissibility, or eli-
gibility under this section, of any alien; or 
(2) to authorize the Secretary or the Attorney 
General to consider any condition of eligibility not 
set forth in this Act. 
(f) WAIVER OF REGULATIONS.— 
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(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary 
shall publish in the Federal Register interim final 
rules implementing this Act, which shall allow eligi-
ble individuals to immediately apply for relief under 
this Act. Notwithstanding section 553 of title 5, 
United States Code, the regulation shall be effective, 
on an interim basis, immediately upon publication, 
but may be subject to change and revision after pub-
lic notice and opportunity for a period of public com-
ment. The Secretary shall finalize such rules not 
later than 180 days after the date of publication. 
(2) PAPERWORK
REDUCTION
ACT.—The re-
quirements under chapter 35 of title 44, United 
States Code, (commonly known as the ‘‘Paperwork 
Reduction Act’’) shall not apply to any action to im-
plement this Act. 
(g) CONFIDENTIALITY OF INFORMATION.— 
(1) IN GENERAL.—The Secretary may not dis-
close or use information (including information pro-
vided during administrative or judicial review) pro-
vided in applications filed under this Act for the 
purpose of immigration enforcement. 
(2) REFERRALS PROHIBITED.—The Secretary, 
based solely on information provided in an applica-
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tion under this Act (including information provided 
during administrative or judicial review) may not 
refer an applicant to U.S. Immigration and Customs 
Enforcement, U.S. Customs and Border Protection, 
or any designee of either such entity. 
(3) 
LIMITED
EXCEPTION.—Notwithstanding 
subsections (a) and (b), information provided in an 
application under this Act may be shared with Fed-
eral security and law enforcement agencies— 
(A) for assistance in the consideration of 
an application for adjustment of status under 
this Act; 
(B) to identify or prevent fraudulent 
claims; 
(C) for national security purposes; or 
(D) for the investigation or prosecution of 
any felony offense not related to immigration 
status. 
(4) PENALTY.—Any person who knowingly 
uses, publishes, or permits information to be exam-
ined in violation of this section shall be fined not 
more than $10,000. 
(h) NO OFFSET IN NUMBER OF VISAS AVAILABLE.— 
When an alien is granted the status of having been law-
fully admitted for permanent residence under this section, 
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