duced the following bill; which was referred to the Committee on the Ju-
diciary, and in addition to the Committee on Education and the Work-
force, 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 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 resi-
dents and who entered the United States as children, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Hope Act 
of 2017’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ELIGIBLE NONPROFIT ORGANIZATION.—The 
term ‘‘eligible nonprofit organization’’ shall mean a 
nonprofit, tax-exempt organization, including a com-
munity, educational, faith-based or other immigrant- 
serving organization, whose staff has demonstrated 
qualifications, experience, or expertise in providing 
quality services to immigrants, refugees, persons 
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granted asylum, or persons applying for such 
statuses. 
(2) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given that term in section 101 of the High-
er Education Act of 1965 (20 U.S.C. 1001), and 
any other educational institutions that the Secretary 
of Homeland Security or Secretary of Education 
may designate as such an institution of higher edu-
cation for purposes of this Act. 
(3) SECRETARY.—Except as otherwise specifi-
cally provided, the term ‘‘Secretary’’ means the Sec-
retary of Homeland Security. 
SEC. 3. RESTORATION OF STATE OPTION TO DETERMINE 
RESIDENCY FOR PURPOSES OF HIGHER EDU-
CATION BENEFITS. 
(a) IN GENERAL.—Section 505 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1623) is repealed. 
(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; 110 Stat. 
3009–546). 
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SEC. 4. CANCELLATION OF REMOVAL AND ADJUSTMENT OF 
STATUS OF CERTAIN RESIDENTS WHO EN-
TERED 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 inadmis-
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sibility pertains to an offense for which immigration 
status is an essential element, a misdemeanor of-
fense (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 other-
wise 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, in-
cluding through a legal guardian or counsel. An in-
dividual 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 de-
partments and agencies as appropriate, shall con-
duct background checks on all aliens under this sub-
section. 
(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 cancella-
tion of removal under this section shall not be considered 
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to have terminated when the alien is served a notice to 
appear under section 239(a) of the Immigration and Na-
tionality Act (8 U.S.C. 1229(a)). 
(c) TREATMENT
OF CERTAIN BREAKS
IN PRES-
ENCE.— 
(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 au-
thorized 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 main-
tain 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
CIR-
CUMSTANCES.—The Secretary of Homeland Security 
may extend the time periods described in paragraph 
(1) if the alien demonstrates that the failure to time-
ly return to the United States was due to excep-
tional circumstances. Exceptional circumstances suf-
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ficient to justify an extension may include the seri-
ous 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 nu-
merical 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 pro-
posed regulations implementing this section. Such 
regulations shall be effective immediately on an in-
terim 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 Se-
curity shall publish final regulations implementing 
this section. 
(f) ADMINISTRATIVE REVIEW.—Any alien receiving 
an adverse determination on the application for cancella-
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tion of removal and conditional lawful permanent resident 
status under this section may request review of such deter-
mination 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. 
SEC. 5. CONDITIONAL PERMANENT RESIDENT STATUS. 
(a) IN GENERAL.— 
(1) CONDITIONAL
BASIS
FOR
STATUS.—Not-
withstanding 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 condi-
tional 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 per-
manent resident status on a conditional basis 
under paragraph (1), the Secretary of Home-
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land 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 NO-
TICE.—The failure of the Secretary of Home-
land 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 sta-
tus 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 Im-
migration and Nationality Act. 
(2) RETURN TO PREVIOUS IMMIGRATION STA-
TUS.—Any alien whose conditional permanent resi-
dent status is terminated under paragraph (1) shall 
revert to the immigration status the alien had imme-
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diately prior to receiving conditional permanent resi-
dent status under this Act. 
(3) 
ADMINISTRATIVE
REVIEW.—Any 
alien 
whose conditional permanent resident status is ter-
minated 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 estab-
lish, by a preponderance of the evidence, that a con-
dition described in paragraph (1) is met. 
(c) REQUIREMENTS OF TIMELY PETITION FOR RE-
MOVAL 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 condi-
tional basis and which provides, under penalty of 
perjury, the facts and information so that the Sec-
retary may make the determination described in 
paragraph (2)(A) of this subsection. 
(2) ADJUDICATION OF PETITION TO REMOVE 
CONDITION.— 
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(A) IN GENERAL.—If a petition is filed for 
an alien in accordance with paragraph (1) of 
this subsection, the Secretary of Homeland Se-
curity shall make a determination as to whether 
the alien meets the requirements set out in sub-
paragraphs (A) through (C) of subsection 
(d)(1). 
(B) REMOVAL OF CONDITIONAL BASIS IF 
FAVORABLE DETERMINATION.—If the Secretary 
determines that the alien meets such require-
ments, 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
DETER-
MINATION.—If the Secretary determines that 
the alien does not meet such requirements, the 
Secretary shall notify the alien of such deter-
mination and terminate the conditional perma-
nent resident status of the alien. 
(D) ADMINISTRATIVE REVIEW.—An alien 
whose conditional permanent resident status is 
terminated under subparagraph (C) may re-
quest review of such determination in a pro-
ceeding to remove the alien. In such proceeding, 
the burden of proof shall be on the Secretary of 
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Homeland Security to establish, by a prepon-
derance of the evidence, that the alien has not 
met the requirements of subparagraph (A). 
(3) TIME TO FILE PETITION.—Except as pro-
vided in subsection (d)(3), an alien may petition to 
remove the conditional basis to lawful resident sta-
tus 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 in-
formation to permit the Secretary of Homeland Se-
curity to determine whether each of the following re-
quirements 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 Sec-
retary shall presume that the alien has aban-
doned such residence if the alien is absent from 
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