124 
‘‘(e) EXCEPTIONS
FOR ADDITIONAL PURPOSES.— 
Subject to operational and spatial availability, in the event 
of a major disaster or emergency declared under the Rob-
ert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5121 et seq.) or any homeland security 
crisis requiring the establishment of a departmental Joint 
Task Force under section 708(b), the Secretary may tem-
porarily utilize a humanitarian campus to carry out oper-
ations relating to such declaration or crisis. 
‘‘(f) DONATIONS.—The Department may accept do-
nations from private entities, nongovernmental organiza-
tions, and other groups independent of the Federal Gov-
ernment for the care of children and family units at a hu-
manitarian campus, including— 
‘‘(1) medical goods and services; 
‘‘(2) school supplies; 
‘‘(3) toys; 
‘‘(4) clothing; and 
‘‘(5) any other item intended to promote the 
well-being of such children and family units. 
‘‘(g) ACCESS TO FACILITIES FOR PRIVATE ENTITIES 
AND NONGOVERNMENTAL ORGANIZATIONS.— 
‘‘(1) IN GENERAL.—Private entities and non-
governmental organizations that are directly involved 
in providing humanitarian or legal assistance to 
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families and individuals encountered by the Depart-
ment along the southwest border of the United 
States, or organizations that provide assistance to 
individuals, shall have access to humanitarian cam-
puses for purposes of— 
‘‘(A) legal orientation programming; 
‘‘(B) providing case management services 
or establishing case management services; 
‘‘(C) coordination with the Department 
with respect to the care of families and individ-
uals held in humanitarian campuses, including 
the care of families and individuals who are re-
leased or scheduled to be released; 
‘‘(D) communication between aliens and 
outside legal counsel; 
‘‘(E) the provision of humanitarian assist-
ance; and 
‘‘(F) any other purpose the Secretary con-
siders appropriate. 
‘‘(2) ACCESS PLAN.—Not later than 60 days 
after the date of the enactment of this section, the 
Secretary shall publish in the Federal Register pro-
cedures relating to access to humanitarian campuses 
under paragraph (1) that ensure— 
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126 
‘‘(A) the safety of personnel of, and aliens 
in, humanitarian campuses; and 
‘‘(B) the orderly management and oper-
ation of humanitarian campuses. 
‘‘(h) LEGAL COUNSEL.—Aliens in a humanitarian 
campus shall have access to legal counsel in accordance 
with section 292 of the Immigration and Nationality Act 
(8 U.S.C. 1362), including the opportunity to consult with 
counsel before any legally determinative aspect of the asy-
lum process occurs. 
‘‘(i) PROCEDURES TO FACILITATE COMMUNICATION 
WITH COUNSEL.—The Secretary shall develop written 
procedures to permit aliens in a humanitarian campus to 
visit with, and make free confidential telephone calls to, 
legal representatives and legal services providers and to 
receive incoming calls from legal representatives and legal 
services providers, in a private and confidential space 
while in custody, for the purposes of retaining or con-
sulting with counsel or obtaining legal advice from legal 
services providers. 
‘‘(j) LEGAL ORIENTATION.—An alien in a humani-
tarian campus shall be provided the opportunity to receive 
a complete legal orientation presentation administered by 
a nongovernmental organization in cooperation with the 
Executive Office for Immigration Review. 
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‘‘(k) 
MANAGEMENT
OF
HUMANITARIAN
CAM-
PUSES.— 
‘‘(1) OPERATION.—The Commissioner of U.S. 
Customs and Border Protection, in consultation with 
the interagency coordinating council established 
under paragraph (2), shall operate the humanitarian 
campuses. 
‘‘(2) 
INTERAGENCY
COORDINATING
COM-
MITTEE.— 
‘‘(A) ESTABLISHMENT.—There is estab-
lished an interagency coordinating committee 
for the purpose of coordinating operations and 
management of the humanitarian campuses. 
‘‘(B) MEMBERSHIP.—The interagency co-
ordinating committee shall be chaired by the 
Commissioner of U.S. Customs and Border 
Protection, or his or her designee, and shall in-
clude representatives designated by the heads of 
the following agencies: 
‘‘(i) U.S. Immigration and Customs 
Enforcement. 
‘‘(ii) The Federal Emergency Manage-
ment Agency. 
‘‘(iii) U.S. Citizenship and Immigra-
tion Services. 
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‘‘(iv) The Office of Refugee Resettle-
ment. 
‘‘(v) Any other agency that supplies 
personnel to the humanitarian campuses, 
upon agreement between the Commissioner 
of U.S. Customs and Border Protection 
and the head of such other agency. 
‘‘(C) OVERSIGHT.—The Department of 
Homeland Security Office of Inspector General 
shall— 
‘‘(i) conduct unannounced inspections 
of the humanitarian campuses at least 
twice per year; and 
‘‘(ii) on an annual basis, prepare and 
submit a report detailing compliance with 
subsection (g) that shall be posted on a 
public website. 
‘‘(l) SCREENING TIMELINE.—Absent exceptional cir-
cumstances, aliens shall undergo a complete full screening 
under this section not later than 15 days after being proc-
essed at the campus, including screening for gang, cartel, 
or criminal affiliation, legal orientation, and initial cred-
ible fear interview.’’. 
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129 
SEC. 1502. EXPEDITED ASYLUM DETERMINATIONS. 
(a) IN GENERAL.—Title II of the Immigration and 
Nationality Act (8 U.S.C. 1151 et seq.) is amended by 
inserting after section 208 the following: 
‘‘SEC. 208A. PROCEDURES FOR EXPEDITED ASYLUM DETER-
MINATIONS. 
‘‘(a) IN GENERAL.—In the case of any alien who en-
ters the United States without lawful status after the date 
of enactment of this Act, the procedures described in this 
section shall apply. 
‘‘(b) ARRIVAL REST PERIOD.—On arrival to a hu-
manitarian campus an alien shall be provided a mandatory 
rest period for 72 hours after initial processing of the alien 
occurs. 
‘‘(c) INITIAL SCREENING.—The Secretary of Home-
land Security shall ensure that an alien who is subject to 
this section shall undergo an initial screening within 15 
days after arrival at a humanitarian campus, including en-
suring that each asylum seeker is able to make contact 
with legal counsel within the first week of arrival, prior 
to sitting for a credible fear interview. 
‘‘(d) SECONDARY SCREENING.—In the case of aliens 
who successfully pass a credible fear interview, an asylum 
officer may triage cases and make final decisions on asy-
lum cases within 45 days after an initial screening is com-
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pleted under subsection (c). A secondary screening shall 
consist of the following: 
‘‘(1) IN GENERAL.— 
‘‘(A) A positive credible fear interview shall 
be treated as an application for asylum, with-
holding of removal, and protection under the 
Convention Against Torture. 
‘‘(B) A positive reasonable fear interview 
shall be treated as an application for with-
holding of removal or protection under the Con-
vention against Torture, whichever is relevant 
to the asylum officer’s basis for finding a rea-
sonable fear. 
‘‘(2) PURPOSE OF SECONDARY SCREENING.—A 
two-person asylum officer panel conducting a sec-
ondary screening shall— 
‘‘(A) deny or approve the application for 
asylum; and 
‘‘(B) refer complex or uncertain asylum, 
withholding of removal, Convention Against 
Torture, or other cases in which an alien has 
been determined to be prima facie eligible for 
other forms of relief pursuant to section 
437(b)(2) of this Act, to an immigration judge 
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131 
for a hearing under section 1229a of title 8, 
United States Code. 
‘‘(3) SECONDARY SCREENING PROCESS.— 
‘‘(A) CONDUCT BY ASYLUM OFFICERS.—A 
secondary screening shall be conducted by a 
panel of two asylum officers at a humanitarian 
campus. 
‘‘(B) SECONDARY
SCREENING
DECISION 
PROCEDURE.—After conducting a secondary 
screening, the asylum officers shall each inde-
pendently vote to approve the application, refer 
the application to an immigration judge as com-
plex or uncertain, or deny the application. 
‘‘(i) If both asylum officers vote to ap-
prove the application, it shall be approved. 
‘‘(ii) If both asylum officers vote to 
deny the application, it shall be denied. 
‘‘(iii) If there is disagreement, or both 
asylum officers vote to refer the applica-
tion to an immigration judge, the applica-
tion shall be referred to an immigration 
judge for a hearing under section 1229a of 
title 8, United States Code. 
‘‘(C) RECORD
OF
SECONDARY
SCREEN-
ING.—The officers shall prepare a written 
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record of a secondary screening under subpara-
graph (B). Such record shall include a sum-
mary of the material facts, as stated by the ap-
plicant, such additional facts (if any) relied 
upon by the officers, and each officer’s analysis 
of why the alien has or has not established eli-
gibility for asylum. A copy of each officer’s 
screening notes shall be attached to the written 
summary. 
‘‘(D) ALIEN’S
RIGHTS
IN
SECONDARY 
SCREENING.—In secondary screenings under 
this subsection, under regulations of the Sec-
retary of Homeland Security— 
‘‘(i) the alien shall have the privilege 
of being represented, at no expense to the 
Federal Government, by counsel of the 
alien’s choosing; and 
‘‘(ii) the alien shall have a reasonable 
opportunity 
to 
examine 
the 
evidence 
against the alien and to present evidence 
on the alien’s own behalf. 
‘‘(4) EXPEDITED APPEAL.—Any application for 
asylum of an alien that is denied under paragraph 
(3) shall be subject to expedited review upon request 
of the alien, not later than 7 days after such denial, 
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by a two-asylum officer panel consisting of asylum 
officers other than the asylum officers who denied 
such application. 
‘‘(A) SECONDARY SCREENING EXPEDITED 
APPEAL
PROCEDURE.—After 
reviewing 
the 
record of the secondary screening and any addi-
tional submission by the alien or the alien’s rep-
resentative, the asylum officers shall each inde-
pendently vote whether to uphold the appeal or 
deny the appeal. If both asylum officers vote to 
uphold the appeal, the alien’s application shall 
be approved. If both asylum officers vote to 
deny the application, the appeal shall be denied. 
If there is disagreement, the application shall 
be referred to an immigration judge for a hear-
ing under section 1229a of title 8, United 
States Code. 
‘‘(B) ALIEN’S RIGHTS IN APPEAL PROCE-
DURE.—In any expedited appeal, the alien 
shall— 
‘‘(i) have the privilege of being rep-
resented, at no expense to the Federal 
Government, by counsel of the alien’s 
choosing; and 
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134 
‘‘(ii) have a reasonable opportunity to 
submit evidence and make arguments as to 
why the decision made under paragraph 
(3) was incorrect. 
‘‘(5) LIMITED
REVIEWABILITY.—Any decision 
to deny or approve an application under this section 
may not be subject to judicial review, except as pro-
vided in paragraphs (4) and (5). 
‘‘(6) 
ADDITIONAL
REVIEW.—In 
any 
cir-
cumstance in which new evidence or law related to 
the applicant arises during consideration, or a fun-
damental change in country conditions arises during 
consideration, an additional review may be con-
ducted by an asylum officer within 7 days after such 
new evidence or law arises, or country conditions 
change. 
‘‘(7) VULNERABLE POPULATIONS.— 
‘‘(A) IN
GENERAL.—An alien that is a 
member of a vulnerable population may request 
additional review. 
‘‘(B) DESCRIPTION.—A member of a vul-
nerable population includes any individual who 
is— 
‘‘(i) a pregnant woman or a nursing 
mother; 
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‘‘(ii) a woman at disproportionate risk 
of sexual or gender-based violence, exploi-
tation, or abuse; 
‘‘(iii) a person at risk of violence due 
to their sexual orientation; 
‘‘(iv) a person with a disability; 
‘‘(v) an elderly person; 
‘‘(vi) a person with urgent medical 
needs; 
‘‘(vii) a stateless person; and 
‘‘(viii) a person holding a valid hu-
manitarian visa. 
‘‘(8) ADDITIONAL REVIEW DETERMINATIONS.— 
An additional review conducted with respect to an 
alien meeting the requirements of paragraph (3) or 
(4) may uphold the previous determination or be re-
ferred to an immigration judge for a final decision. 
‘‘(9) EFFECT OF DENIAL.—Any alien who is de-
nied asylum status under this subsection shall be 
subject to expedited removal under section 235. 
‘‘(e) IMMIGRATION JUDGE REFERRAL.—If referred 
to an immigration judge, the following shall apply: 
‘‘(1) COURT
REFERRAL
AND
CASE
MANAGE-
MENT.—In the case that an asylum officer refers a 
case to an immigration judge after a secondary or 
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136 
additional review, each alien subject to such referral 
shall receive a Notice to Appear and be permitted to 
leave the humanitarian campus. Each such alien 
shall be placed in a case management program. 
‘‘(2) MONITORING.—Each alien in case man-
agement shall check in regularly with case officers 
and be consistently monitored in a manner which en-
sures the Department of Homeland Security’s ability 
to electronically verify each person’s location. 
‘‘(3) ADULT
CONFIRMATION
OF
LOCATION.— 
Any alien placed in case management who is an 
adult, parent, or legal guardian shall check in on a 
weekly basis using automated telephone technology 
that confirms the caller’s identity and location. 
‘‘(4) FAILURE
TO
COMPLY.—Absent extraor-
dinary circumstances, any alien who fails to comply 
with the case management requirements under this 
subsection shall be denied asylum and subject to ex-
pedited removal under section 235. 
‘‘(f) HUMANITARIAN CAMPUS.—In this section, the 
term ‘humanitarian campus’ means the campus described 
in section 472 of the Homeland Security Act of 2002.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall take effect as soon as practicable, but 
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137 
not later than 1 year after the date of enactment of this 
Act. 
SEC. 1503. SCREENING AND PROCESSING IN WESTERN 
HEMISPHERE. 
(a) IN GENERAL.—There may be established up to 
3 facilities in the Western hemisphere that shall offer asy-
lum prescreening and family reunification services. 
(b) LOCATIONS.—If facilities are established under 
subsection (a), they shall be in geographically diverse loca-
tions such as— 
(1) in South America, south of the Darien 
Province in Panama; 
(2) in Central America; or 
(3) in a country that participates in the Carib-
bean Basin Security Initiative. 
(c) SERVICES OFFERED.—The facilities established 
under this section shall offer the following: 
(1) 
PRE-SCREENING
FOR
ASYLUM
ELIGI-
BILITY.—Asylum officers shall offer asylum pre- 
screenings, which may be conducted virtually. 
(2) FAMILY
RE-UNIFICATION.—The Secretary 
of Homeland Security shall develop an external fam-
ily reunification process for unmarried sons and 
daughters under the age of 21 seeking to be re-
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united with any parent with legal status in the 
United States. 
(3) EMPLOYMENT CONSULTATION AND APPLI-
CATIONS.—The Secretary of Homeland Security 
shall ensure that consultations are provided to aliens 
seeking to apply for legal work visas and assess 
other legal pathways to citizenship. 
(4) REGIONAL
ECONOMIC
OPPORTUNITIES.— 
The Secretary of Homeland Security, in conjunction 
with the Secretary of State, shall ensure individuals 
are provided with regional economic opportunities in 
areas in close proximity to the facilities established 
under this section. 
(d) DOMINICAN
REPUBLIC
FAMILY
REUNIFICA-
TION.—Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of Homeland Security, in 
coordination with the Secretary of State, shall— 
(1) initiate a Dominican Republic Family Re-
unification Program to process applications for pa-
role for certain vetted individuals with already ap-
proved form I–130 petition for alien relative to be 
considered upon invitation, for parole, on a case by 
case basis, while they wait for their immigration 
visa; and 
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(2) prioritize applications described in para-
graph (1) in the order in which they were received 
by the United States Citizenship and Immigration 
Services before the date of the enactment of this 
Act. 
(e) APPLICATION
OF
THE CUBAN ADJUSTMENT 
ACT.—In applying the Cuban Adjustment Act (Public 
Law 89–732; 8 U.S.C. 1255 note), an alien who was re-
leased into the United States under an order of release 
on recognizance by U.S. Immigration and Customs En-
forcement on or before January 31, 2023, shall be consid-
ered to have been paroled into the United States. 
SEC. 1504. RECORDING EXPEDITED REMOVAL AND CRED-
IBLE FEAR INTERVIEWS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish quality assurance procedures and take 
steps to effectively ensure that questions by employees of 
the Department of Homeland Security exercising expe-
dited removal authority under section 235(b) of the Immi-
gration and Nationality Act (8 U.S.C. 1225(b)) are asked 
in a uniform manner, to the extent possible, and that both 
these questions and the answers provided in response to 
them are recorded in a uniform fashion. 
(b) FACTORS RELATING TO SWORN STATEMENTS.— 
Where practicable, any sworn or signed written statement 
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140 
taken of an alien as part of the record of a proceeding 
under section 235(b)(1)(A) of the Immigration and Na-
tionality Act (8 U.S.C. 1225(b)(1)(A)) shall be accom-
panied by a recording of the interview which served as the 
basis for that sworn statement. 
(c) INTERPRETERS.—The Secretary shall ensure that 
a fluent interpreter, not affiliated with the government of 
the country from which the alien may claim asylum, is 
used when the interviewing officer does not speak a lan-
guage that the alien is fluent in speaking. 
(d) RECORDINGS IN IMMIGRATION PROCEEDINGS.— 
There shall be an audio or audio visual recording of inter-
views of aliens subject to expedited removal. The recording 
shall be included in the record of proceeding and shall be 
considered as evidence in any further proceedings involv-
ing the alien. 
SEC. 1505. RENUNCIATION OF ASYLUM STATUS PURSUANT 
TO RETURN TO HOME COUNTRY. 
(a) IN GENERAL.—Section 208(c) of the Immigration 
and Nationality Act (8 U.S.C. 1158(c)) is amended by 
adding at the end the following new paragraph: 
‘‘(4) RENUNCIATION OF STATUS PURSUANT TO 
RETURN TO HOME COUNTRY.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraphs (B) and (C), any alien who is 
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141 
granted asylum status under this Act, who, 
within 5 years after being granted such status, 
absent changed country conditions, subse-
quently returns to the country of such alien’s 
nationality or, in the case of an alien having no 
nationality, returns to any country in which 
such alien last habitually resided, and who ap-
plied for such status because of persecution or 
a well-founded fear of persecution in that coun-
try on account of race, religion, nationality, 
membership in a particular social group, or po-
litical opinion, shall have his or her status ter-
minated. 
‘‘(B) WAIVER.—The Secretary has discre-
tion to waive subparagraph (A) if it is estab-
lished to the satisfaction of the Secretary that 
the alien had a compelling reason for the re-
turn. The waiver may be sought prior to depar-
ture from the United States or upon return. 
‘‘(C) LAWFUL PERMANENT RESIDENTS.— 
Subparagraph (A) shall not apply to lawful per-
manent residents.’’. 
(b) CONFORMING AMENDMENT.—Section 208(c)(3) 
of the Immigration and Nationality Act (8 U.S.C. 
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1158(c)(3)) is amended by inserting after ‘‘paragraph 
(2)’’ the following: ‘‘or (4)’’. 
SEC. 1506. NOTICE CONCERNING FRIVOLOUS ASYLUM AP-
PLICATIONS. 
(a) IN GENERAL.—Section 208(d)(4) of the Immi-
gration and Nationality Act (8 U.S.C. 1158(d)(4)) is 
amended— 
(1) in the matter preceding subparagraph (A), 
by inserting ‘‘the Secretary of Homeland Security 
or’’ before ‘‘the Attorney General’’; 
(2) in subparagraph (A), by striking ‘‘and of 
the consequences, under paragraph (6), of knowingly 
filing a frivolous application for asylum; and’’ and 
inserting a semicolon; 
(3) in subparagraph (B), by striking the period 
and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(C) ensure that a written warning ap-
pears on the asylum application advising the 
alien of the consequences of filing a frivolous 
application and serving as notice to the alien of 
the consequence of filing a frivolous applica-
tion.’’. 
(b) CONFORMING AMENDMENT.—Section 208(d)(6) 
of the Immigration and Nationality Act (8 U.S.C. 
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1158(d)(6)) is amended by striking ‘‘If the’’ and all that 
follows and inserting: 
‘‘(A) If the Attorney General determines 
that an alien has knowingly made a frivolous 
application for asylum and the alien has re-
ceived the notice under paragraph (4)(C), the 
alien shall be permanently ineligible for any 
benefits under this chapter, effective as the date 
of the final determination of such an applica-
tion. 
‘‘(B) An application is frivolous if the Sec-
retary of Homeland Security or the Attorney 
General determines, consistent with subpara-
graph (C), that any of the material elements 
are knowingly fabricated. 
‘‘(C) In determining that an application is 
frivolous, the Secretary or the Attorney Gen-
eral, must be satisfied that the applicant, dur-
ing the course of the proceedings, has had suffi-
cient opportunity to clarify any discrepancies or 
implausible aspects of the claim. 
‘‘(D) For purposes of this section, a find-
ing that an alien filed a frivolous asylum appli-
cation shall not preclude the alien from seeking 
withholding of removal under section 241(b)(3) 
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144 
or protection pursuant to the Convention 
Against Torture.’’. 
SEC. 1507. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT. 
(a) ASYLUM CREDIBILITY DETERMINATIONS.—Sec-
tion 208(b)(1)(B)(iii) of the Immigration and Nationality 
Act (8 U.S.C. 1158(b)(1)(B)(iii)) is amended by inserting 
after ‘‘all relevant factors’’ the following: ‘‘, including 
statements made to, and investigative reports prepared by, 
immigration authorities and other government officials’’. 
(b) RELIEF
FOR REMOVAL CREDIBILITY DETER-
MINATIONS.—Section 240(c)(4)(C) of the Immigration 
and Nationality Act (8 U.S.C. 1229a(c)(4)(C)) is amended 
by inserting after ‘‘all relevant factors’’ the following: ‘‘, 
including statements made to, and investigative reports 
prepared by, immigration authorities and other govern-
ment officials’’. 
SEC. 1508. PENALTIES FOR ASYLUM FRAUD. 
Section 1001 of title 18, United States Code, is 
amended by inserting at the end of the paragraph— 
‘‘(d) Whoever, in any matter before the Secretary of 
Homeland Security or the Attorney General pertaining to 
asylum under section 208 of the Immigration and Nation-
ality Act or withholding of removal under section 
241(b)(3) of such Act, knowingly and willfully— 
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‘‘(1) makes any materially false, fictitious, or 
fraudulent statement or representation; or 
‘‘(2) makes or uses any false writings or docu-
ment knowing the same to contain any materially 
false, fictitious, or fraudulent statement or entry, 
shall be fined under this title or imprisoned not more than 
10 years, or both.’’. 
SEC. 1509. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD. 
Section 3291 of title 18, United States Code, is 
amended— 
(1) by striking ‘‘1544,’’ and inserting ‘‘1544, 
and section 1546,’’; and 
(2) by striking ‘‘offense.’’ and inserting ‘‘of-
fense or within 10 years after the fraud is discov-
ered.’’. 
SEC. 1510. STANDARD OPERATING PROCEDURES; FACILI-
TIES STANDARDS. 
(a) STANDARD OPERATING PROCEDURES.—Section 
411(k)(1) of the Homeland Security Act of 2002 (6 
U.S.C. 211(k)) is amended— 
(1) in subparagraph (D), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (E)(iv), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
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‘‘(F) standard operating procedures re-
garding the detection, interdiction, inspection, 
processing, or transferring of alien children that 
officers and agents of U.S. Customs and Border 
Protection shall employ in the execution of their 
duties.’’. 
(b) FACILITIES STANDARDS.— 
(1) INITIAL REVIEW AND UPDATE.—Not later 
than 270 days after the date of the enactment of 
this Act, the Secretary shall review and update the 
regulations under part 115 of title 6, Code of Fed-
eral Regulations, that set standards to prevent, de-
tect, and respond to sexual abuse and assault in im-
migration holding facilities and other facilities under 
the jurisdiction of the Department of Homeland Se-
curity. 
(2) QUADRENNIAL
REVIEW.—The Secretary 
shall review and update the regulations referred to 
in paragraph (1) not less frequently than once every 
4 years. 
(c) OVERSIGHT.—The Department of Homeland Se-
curity may not prevent any of the following persons from 
entering, for the purpose of conducting oversight, any mi-
gration holding facility operated by or for the Department 
of Homeland Security used to house aliens or asylum seek-
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ers, or to make any temporary modification at any such 
facility that in any way alters what is observed by a vis-
iting Member of Congress or such designated employee, 
compared to what would be observed in the absence of 
such modification: 
(1) A Member of Congress. 
(2) An employee of the United States House of 
Representatives or the United States Senate des-
ignated by such a Member for the purposes of this 
section. 
(d) VISITATION.—Nothing in this section may be con-
strued to require a Member of Congress to provide prior 
notice of the intent to enter a facility described in sub-
section (m) for the purpose of conducting oversight. 
(e) PRIOR NOTICE.—With respect to individuals de-
scribed in subsection (c)(2), the Department of Homeland 
Security may require that a request be made at least 24 
hours in advance of an intent to enter a facility described 
in subsection (c). 
(f) ONLINE LOCATOR UPDATES.—U.S. Immigrations 
and Customs Enforcement shall update the Online De-
tainee Locator System not later than every 24 hours. 
(g) FAMILY NOTIFICATION.— 
(1) Upon taking an individual into custody, 
U.S. Immigration and Customs Enforcement shall 
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notify an immediate family member, relative, or indi-
vidual designated by the detainee and provide the lo-
cation of the facility where the detainee is currently 
held, as well as provide notification if the individual 
will be transferred to a facility, whether in the same 
State or in a different State. 
(2) An individual detained in U.S. Immigration 
and Customs Enforcement custody shall be provided 
the opportunity to call an immediate family member, 
relative, or individual designated by the detainee 
prior to being transferred to a different facility, and 
upon arrival at a facility, whether in the same State 
or in a different State. 
SEC. 1511. CRIMINAL BACKGROUND CHECKS FOR SPON-
SORS OF UNACCOMPANIED ALIEN CHILDREN. 
(a) IN GENERAL.—Section 235(c)(3) of the William 
Wilberforce Trafficking Victims Protection Reauthoriza-
tion Act of 2008 (8 U.S.C. 1232(c)(3)) is amended— 
(1) in subparagraph (A), in the first sentence, 
by striking ‘‘subparagraph (B)’’ and inserting ‘‘sub-
paragraphs (B) and (C)’’; 
(2) by redesignating subparagraphs (B) and 
(C) as subparagraphs (C) and (D), respectively; 
(3) by inserting after subparagraph (A) the fol-
lowing: 
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‘‘(B) CRIMINAL BACKGROUND CHECKS.— 
‘‘(i) IN GENERAL.—Before placing an 
unaccompanied alien child with an indi-
vidual, the Secretary of Health and 
Human Services shall— 
‘‘(I) conduct a criminal history 
background check on the individual 
and each adult member of the individ-
ual’s household; and 
‘‘(II) collect biometric samples in 
connection with any such background 
check. 
‘‘(ii) SCOPE.— 
‘‘(I) IN GENERAL.—Each biomet-
ric criminal history background check 
required under clause (i) shall be con-
ducted through— 
‘‘(aa) the Federal Bureau of 
Investigation; 
‘‘(bb) criminal history re-
positories of each State the indi-
vidual lists as a current or 
former residence; and 
‘‘(cc) any other Federal or 
State database or repository the 
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Secretary of Health and Human 
Services considers appropriate. 
‘‘(II) USE
OF
RAPID
DNA
IN-
STRUMENTS.—DNA analysis of a 
DNA sample collected under sub-
clause (I) may be carried out with 
Rapid DNA instruments (as defined 
in section 3(c) of the DNA Analysis 
Backlog Elimination Act of 2000 (34 
U.S.C. 40702(c))). 
‘‘(III) LIMITATION
ON
USE
OF 
BIOMETRIC SAMPLES.—The Secretary 
of Health and Human Services may 
not release a fingerprint or DNA sam-
ple collected, or disclose the results of 
a fingerprint or DNA analysis con-
ducted under this subparagraph, or 
any other information obtained pursu-
ant to this section, to the Department 
of Homeland Security for any immi-
gration enforcement purpose. 
‘‘(IV) ACCESS TO INFORMATION 
THROUGH
THE
DEPARTMENT
OF 
HOMELAND
SECURITY.—Not 
later 
than 14 days after receiving a request 
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151 
from the Secretary of Health and 
Human Services, the Secretary of 
Homeland Security shall provide in-
formation necessary to conduct suit-
ability assessments from appropriate 
Federal, State, and local law enforce-
ment and immigration databases. 
‘‘(iii) PROHIBITION
ON
PLACEMENT 
WITH
INDIVIDUALS
CONVICTED
OF
CER-
TAIN OFFENSES.—The Secretary of Health 
and Human Services may not place an un-
accompanied alien child in the custody or 
household of an individual who has been 
convicted of, or is currently being tried 
for— 
‘‘(I) a sex offense (as defined in 
section 111 of the Sex Offender Reg-
istration and Notification Act (34 
U.S.C. 20911)); 
‘‘(II) a crime involving severe 
forms of trafficking in persons (as de-
fined in section 103 of the Trafficking 
Victims Protection Act of 2000 (22 
U.S.C. 7102)); 
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‘‘(III) a crime of domestic vio-
lence (as defined in section 40002(a) 
of the Violence Against Women Act 
(34 U.S.C. 12291(a))); 
‘‘(IV) a crime of child abuse and 
neglect (as defined in section 3 of the 
Child Abuse Prevention and Treat-
ment Act (Public Law 93–247; 42 
U.S.C. 5101 note)); 
‘‘(V) murder, manslaughter, or 
an attempt to commit murder or man-
slaughter (within the meanings of 
such terms in sections 1111, 1112, 
and 1113 of title 18, United States 
Code); or 
‘‘(VI) a crime involving receipt, 
distribution, or possession of a visual 
depiction of a minor engaging in sexu-
ally explicit conduct (within the mean-
ings of such terms in section 2252 of 
title 18, United States Code).’’; and 
(4) by adding at the end the following: 
‘‘(E) WELL-BEING
FOLLOW-UP
CALLS.— 
Not later than 30 days after the date on which 
an unaccompanied alien child is released from 
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the custody of the Secretary of Health and 
Human Services, and every 60 days thereafter 
until the date on which a final decision has 
been issued in the removal proceedings of the 
child or such proceedings are terminated, or the 
unaccompanied alien child turns 18 years of 
age, the Secretary shall conduct a follow-up 
telephone call with the unaccompanied alien 
child and the child’s custodian or the primary 
point of contact for any other entity with which 
the child was placed. 
‘‘(F) CHANGE
OF
ADDRESS.—The Sec-
retary of Health and Human Services shall— 
‘‘(i) require each custodian with whom 
an unaccompanied alien child is placed 
under this subsection to notify the Sec-
retary with respect to any change in the 
unaccompanied alien child’s physical or 
mailing address, including any situation in 
which the unaccompanied alien child per-
manently departs the custodian’s residence, 
not later than 7 days after the date on 
which such change or departure occurs; 
and 
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‘‘(ii) develop and implement a system 
that permits custodians to submit notifica-
tions electronically with respect to a 
change of address.’’. 
(b) COLLECTION AND COMPILATION OF STATISTICAL 
INFORMATION.—Section 462(b)(1)(K) of the Homeland 
Security Act of 2002 (6 U.S.C. 279(b)(1)(K)) is amended 
by striking ‘‘; and’’ and inserting ‘‘, including— 
‘‘(i) the average length of time from 
apprehension to the child’s master cal-
endar hearing, organized by the fiscal year 
in which the children were apprehended by 
U.S. Customs and Border Protection; 
‘‘(ii) the number of children identified 
under clause (i) who did and did not ap-
pear at master calendar hearings, includ-
ing the percentage of children in each cat-
egory who were represented by counsel; 
‘‘(iii) the average length of time from 
apprehension to the child’s merits hearing, 
organized by the fiscal year in which the 
children were apprehended by U.S. Cus-
toms and Border Protection; 
‘‘(iv) the number of children identified 
under clause (i) who did and did not ap-
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pear at merits hearings, including the per-
centage of children in each category who 
are represented by counsel; and 
‘‘(v) the total number of well-being 
follow-up calls conducted under section 
235 of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 
2008 (8 U.S.C. 1232(c)(3)(E)) at each 
time interval following placement with a 
custodian or other entity, and the number 
of children that the Secretary of Health 
and Human Services is unable to contact 
at each interval, organized by the fiscal 
year in which the children were appre-
hended by U.S. Customs and Border Pro-
tection; and’’. 
(c) CLARIFICATION.—Unaccompanied alien children 
shall be processed and reunited with their sponsors in the 
United States in accordance with guidance outlined in the 
stipulated settlement agreement filed in the United States 
District Court for the Central District of California on 
January 17, 1997 (CV 85–4544–RJK) (commonly known 
as the ‘‘Flores settlement agreement’’). 
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156 
SEC. 1512. FRAUD IN CONNECTION WITH THE TRANSFER OF 
CUSTODY OF UNACCOMPANIED ALIEN CHIL-
DREN. 
(a) IN GENERAL.—Chapter 47 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 1041. Fraud in connection with the transfer of cus-
tody of unaccompanied alien children 
‘‘(a) IN GENERAL.—It shall be unlawful for a person 
to obtain custody of an unaccompanied alien child (as de-
fined in section 462(g) of the Homeland Security Act of 
2002 (6 U.S.C. 279(g)))— 
‘‘(1) by making any materially false, fictitious, 
or fraudulent statement or representation; or 
‘‘(2) by making or using any false writing or 
document with the knowledge that such writing or 
document contains any materially false, fictitious, or 
fraudulent statement or entry. 
‘‘(b) PENALTIES.— 
‘‘(1) IN GENERAL.—Any person who violates, or 
attempts or conspires to violate, subsection (a) shall 
be fined under this title and imprisoned for not less 
than 1 year. 
‘‘(2) 
ENHANCED
PENALTY
FOR
TRAF-
FICKING.—If the primary purpose of a violation, at-
tempted violation, or conspiracy to violate this sec-
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157 
tion was to subject the child to sexually explicit ac-
tivity or any other form of exploitation, the offender 
shall be fined under this title and imprisoned for not 
less than 15 years.’’. 
(b) CLERICAL AMENDMENT.—The chapter analysis 
for chapter 47 of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘1041. Fraud in connection with the transfer of custody of unaccompanied alien 
children.’’. 
SEC. 1513. HIRING AUTHORITY. 
The Director of U.S. Citizenship and Immigration 
Services shall hire, train, and assign not fewer than 300 
asylum officers to assist in expedited asylum determina-
tions at humanitarian campuses established under section 
1501. 
SEC. 1514. HUMANITARIAN STATUS. 
Section 101(a)(15)(U) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)(U)) is amended— 
(1) in subparagraph (U)(iii), by striking ‘‘or’’ 
at the end; 
(2) in subparagraph (V)(ii)(II), by striking the 
period and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(W) an alien who is prima facie eligible 
for asylum based on overwhelming evidence 
during an asylum prescreening at a facility in 
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the Western hemisphere, except that the num-
ber of aliens admitted under this status, or oth-
erwise provided such status, may not exceed the 
number of refugees authorized to enter during 
a fiscal year.’’. 
SEC. 1515. TWO STRIKE POLICY. 
(a) IN GENERAL.—Section 208 of the Immigration 
and Nationality Act is amended by adding at the end the 
following: 
‘‘(f) ENTRY AT AN UNAUTHORIZED LOCATION.— 
‘‘(1) LOGGING UNLAWFUL ENTRY.—Any alien 
who fails to enter the United States at a designated 
port of entry shall be logged by an agent biometri-
cally and informed by such agent that applications 
for asylum may only be made at a designated port 
of entry. 
‘‘(2) SUBSEQUENT ENTRY.—Any alien who fails 
to enter the United States at a designated port of 
entry after being logged under paragraph (1) shall 
be subject to the expedited removal process under 
section 235.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 30 days after the date of en-
actment of this Act. 
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SEC. 1516. LOAN FORGIVENESS FOR LEGAL SERVICE PRO-
VIDERS AT HUMANITARIAN CAMPUSES. 
Subtitle C of title IV of the Homeland Security Act 
of 2002 (6 U.S.C. 231 et seq.), as amended by section 
1501 of this Act, is amended by adding at the end the 
following: 
‘‘SEC. 438. LOAN FORGIVENESS FOR LEGAL SERVICE PRO-
VIDERS AT HUMANITARIAN CAMPUSES. 
‘‘(a) PROGRAM AUTHORIZED.— 
‘‘(1) LOAN
FORGIVENESS
AUTHORIZED.—The 
Secretary, in coordination with the Secretary of 
Education, shall forgive, in accordance with this sec-
tion, the qualified loan amount described in sub-
section (b) of the eligible student loan obligation of 
a borrower who— 
‘‘(A) has attended an accredited law school 
at an institution of higher education (as defined 
in section 102 of the Higher Education Act of 
1965) and obtained a Juris Doctor degree; 
‘‘(B) has completed not less than four 
years of full-time employment as an attorney 
providing legal services at a humanitarian cam-
pus established under section 437(a); and 
‘‘(C) is not in default on a loan for which 
the borrower seeks forgiveness. 
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‘‘(2) METHOD
OF
LOAN
FORGIVENESS.—To 
provide loan forgiveness under paragraph (1), the 
Secretary, in coordination with the Secretary of 
Education, is authorized to carry out a program— 
‘‘(A) through the holder of the loan, to as-
sume the obligation to repay a qualified loan 
amount for a loan made, insured, or guaranteed 
under part B of the Higher Education Act of 
1965 (other than an excepted PLUS loan or an 
excepted consolidation loan (as such terms are 
defined in section 493C(a) of such Act of 
1965)); and 
‘‘(B) to cancel a qualified loan amount for 
a loan made under part D or E of such Act of 
1965 (other than an excepted PLUS loan or an 
excepted consolidation loan (as such terms are 
defined in section 493C(a) of such Act of 
1965)). 
‘‘(3) REGULATIONS.—The Secretary is author-
ized to issue such regulations as may be necessary 
to carry out this section. 
‘‘(b) QUALIFIED LOANS AMOUNT.— 
‘‘(1) AMOUNT
OF
FORGIVENESS.—The Sec-
retary shall forgive 75 percent of the eligible student 
loan obligation of a borrower described in subsection 
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161 
(a)(1) that is outstanding after the completion of the 
fourth year of employment described in such para-
graph. 
‘‘(2) ELIGIBLE STUDENT LOAN OBLIGATION.— 
The term ‘eligible student loan obligation’ has the 
meaning given the term ‘student loan’ in section 
428L of the Higher Education Act of 1965, except 
that only the portion of such a student loan that is 
attributable to the borrower’s study of law and at-
tainment of a Juris Doctor degree (and not to un-
dergraduate study or other courses of study) shall be 
included when calculating the outstanding eligible 
student loan obligation of a borrower for purposes of 
paragraph (1). 
‘‘(c) CONSTRUCTION.—Nothing in this section shall 
be construed to authorize any refunding of any repayment 
of a loan.’’. 
DIVISION B—DIGNITY AND 
AMERICAN DREAM 
TITLE I—DREAM ACT 
SEC. 2101. SHORT TITLE. 
This title may be cited as the ‘‘Dream Act’’. 
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SEC. 2102. PERMANENT RESIDENT STATUS ON A CONDI-
TIONAL BASIS FOR CERTAIN LONG-TERM 
RESIDENTS 
WHO 
ENTERED 
THE 
UNITED 
STATES AS CHILDREN. 
(a) CONDITIONAL BASIS
FOR STATUS.—Notwith-
standing any other provision of law, and except as pro-
vided in section 2104(c)(2), an alien shall be considered, 
at the time of obtaining the status of an alien lawfully 
admitted for permanent residence under this section, to 
have obtained such status on a conditional basis subject 
to the provisions of this title. 
(b) REQUIREMENTS.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary or the Attorney Gen-
eral shall adjust to the status of an alien lawfully 
admitted for permanent residence on a conditional 
basis, or without the conditional basis as provided in 
section 2104(c)(2), an alien who is inadmissible or 
deportable from the United States, is subject to a 
grant of Deferred Enforced Departure, has tem-
porary protected status under section 244 of the Im-
migration and Nationality Act (8 U.S.C. 1254a), or 
is the son or daughter of an alien admitted as a non-
immigrant under subparagraph (E)(i), (E)(ii), 
(H)(i)(b), or (L) of section 101(a)(15) of such Act 
(8 U.S.C. 1101(a)(15)) if— 
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(A) the alien has been continuously phys-
ically present in the United States since Janu-
ary 1, 2021; 
(B) the alien was 18 years of age or 
younger on the date on which the alien entered 
the United States and has continuously resided 
in the United States since such entry; 
(C) the alien— 
(i) subject to paragraph (2), is not in-
admissible under paragraph (1), (6)(E), 
(6)(G), (8), or (10) of section 212(a) of 
the Immigration and Nationality Act (8 
U.S.C. 1182(a)); 
(ii) has not ordered, incited, assisted, 
or otherwise participated in the persecution 
of any person on account of race, religion, 
nationality, membership in a particular so-
cial group, or political opinion; and 
(iii) is not barred from adjustment of 
status under this title based on the crimi-
nal and national security grounds de-
scribed under subsection (c), subject to the 
provisions of such subsection; and 
(D) the alien— 
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(i) has been admitted to an institution 
of higher education; 
(ii) has been admitted to an area ca-
reer and technical education school at the 
postsecondary level; 
(iii) in the United States, has ob-
tained— 
(I) a high school diploma or a 
commensurate alternative award from 
a public or private high school; 
(II) a General Education Devel-
opment credential, a high school 
equivalency diploma recognized under 
State law, or another similar State- 
authorized credential; 
(III) a credential or certificate 
from an area career and technical 
education school at the secondary 
level; or 
(IV) a recognized postsecondary 
credential; or 
(iv) is enrolled in secondary school or 
in an education program assisting students 
in— 
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(I) obtaining a high school di-
ploma or its recognized equivalent 
under State law; 
(II) passing the General Edu-
cation Development test, a high school 
equivalence diploma examination, or 
other similar State-authorized exam; 
(III) obtaining a certificate or 
credential from an area career and 
technical education school providing 
education at the secondary level; or 
(IV) obtaining a recognized post-
secondary credential. 
(2) 
WAIVER
OF
GROUNDS
OF
INADMIS-
SIBILITY.—With respect to any benefit under this 
title, and in addition to the waivers under subsection 
(c)(2), the Secretary may waive the grounds of inad-
missibility under paragraph (1), (6)(E), (6)(G), or 
(10)(D) of section 212(a) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)) for humanitarian 
purposes, for family unity, or because the waiver is 
otherwise in the public interest. 
(3) APPLICATION FEE.— 
(A) IN GENERAL.—The Secretary may re-
quire an alien applying under this section to 
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pay a reasonable fee that is commensurate with 
the cost of processing the application but does 
not exceed $1,140. 
(B) SPECIAL
PROCEDURES
FOR
APPLI-
CANTS WITH DACA.—The Secretary shall estab-
lish a streamlined procedure for aliens who have 
been granted DACA and who meet the require-
ments for renewal (under the terms of the pro-
gram in effect on January 1, 2017) to apply for 
adjustment of status to that of an alien lawfully 
admitted for permanent residence on a condi-
tional basis under this section, or without the 
conditional 
basis 
as 
provided 
in 
section 
2104(c)(2). 
(4) BACKGROUND
CHECKS.—The Secretary 
may not grant an alien permanent resident status on 
a conditional basis under this section until the re-
quirements of section 2202 are satisfied. 
(5) MILITARY SELECTIVE SERVICE.—An alien 
applying for permanent resident status on a condi-
tional basis under this section, or without the condi-
tional basis as provided in section 2104(c)(2), shall 
establish that the alien has registered under the 
Military Selective Service Act (50 U.S.C. 3801 et 
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seq.), if the alien is subject to registration under 
such Act. 
(c) CRIMINAL AND NATIONAL SECURITY BARS.— 
(1) GROUNDS
OF
INELIGIBILITY.—Except as 
provided in paragraph (2), an alien is ineligible for 
adjustment of status under this title (whether on a 
conditional basis or without the conditional basis as 
provided in section 2104(c)(2)) if any of the fol-
lowing apply: 
(A) The alien is inadmissible under para-
graph (2) or (3) of section 212(a) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(a)). 
(B) Excluding any offense under State law 
for which an essential element is the alien’s im-
migration status, and any minor traffic offense, 
the alien has been convicted of— 
(i) any felony offense; 
(ii) two or more misdemeanor offenses 
(excluding simple possession of cannabis or 
cannabis-related paraphernalia, any offense 
involving cannabis or cannabis-related par-
aphernalia which is no longer prosecutable 
in the State in which the conviction was 
entered, and any offense involving civil dis-
obedience without violence) not occurring 
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on the same date, and not arising out of 
the same act, omission, or scheme of mis-
conduct; or 
(iii) a misdemeanor offense of domes-
tic violence, unless the alien demonstrates 
that such crime is related to the alien hav-
ing been— 
(I) a victim of domestic violence, 
sexual assault, stalking, child abuse or 
neglect, abuse or neglect in later life, 
or human trafficking; 
(II) battered or subjected to ex-
treme cruelty; or 
(III) a victim of criminal activity 
described in section 101(a)(15)(U)(iii) 
of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(U)(iii)). 
(2) WAIVERS FOR CERTAIN MISDEMEANORS.— 
For humanitarian purposes, family unity, or if oth-
erwise in the public interest, the Secretary may— 
(A) waive the grounds of inadmissibility 
under subparagraphs (A), (C), and (D) of sec-
tion 212(a)(2) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(2)), unless the con-
viction forming the basis for inadmissibility 
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would otherwise render the alien ineligible 
under paragraph (1)(B) (subject to subpara-
graph (B)); and 
(B) for purposes of clauses (ii) and (iii) of 
paragraph (1)(B), waive 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 under this title; 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 
date on which the alien applies for adjust-
ment of status under this title. 
(3) AUTHORITY TO CONDUCT SECONDARY RE-
VIEW.— 
(A) IN
GENERAL.—Notwithstanding an 
alien’s eligibility for adjustment of status under 
this title, and subject to the procedures de-
scribed in this paragraph, the Secretary may, 
as a matter of non-delegable discretion, provi-
sionally deny an application for adjustment of 
status (whether on a conditional basis or with-
out the conditional basis as provided in section 
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2104(c)(2)) if the Secretary, based on clear and 
convincing evidence, which shall include credible 
law enforcement information, determines that 
the alien is described in subparagraph (B) or 
(D). 
(B) PUBLIC
SAFETY.—An alien is de-
scribed in this subparagraph if— 
(i) excluding simple possession of can-
nabis or cannabis-related paraphernalia, 
any offense involving cannabis or cannabis- 
related paraphernalia which is no longer 
prosecutable in the State in which the con-
viction was entered, any offense under 
State law for which an essential element is 
the alien’s immigration status, any offense 
involving civil disobedience without vio-
lence, and any minor traffic offense, the 
alien— 
(I) has been convicted of a mis-
demeanor offense punishable by a 
term of imprisonment of more than 
30 days; or 
(II) has been adjudicated delin-
quent in a State or local juvenile court 
proceeding that resulted in a disposi-
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tion ordering placement in a secure 
facility; and 
(ii) the alien poses a significant and 
continuing threat to public safety related 
to such conviction or adjudication. 
(C) PUBLIC
SAFETY
DETERMINATION.— 
For purposes of subparagraph (B)(ii), the Sec-
retary shall consider the recency of the convic-
tion or adjudication; the length of any imposed 
sentence or placement; the nature and serious-
ness of the conviction or adjudication, including 
whether the elements of the offense include the 
unlawful possession or use of a deadly weapon 
to commit an offense or other conduct intended 
to cause serious bodily injury; and any miti-
gating factors pertaining to the alien’s role in 
the commission of the offense. 
(D) GANG
PARTICIPATION.—An alien is 
described in this subparagraph if the alien has, 
within the 5 years immediately preceding the 
date of the application, knowingly, willfully, and 
voluntarily participated in offenses committed 
by a criminal street gang (as described in sub-
sections (a) and (c) of section 521 of title 18, 
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United States Code) with the intent to promote 
or further the commission of such offenses. 
(E) EVIDENTIARY LIMITATION.—For pur-
poses of subparagraph (D), allegations of gang 
membership obtained from a State or Federal 
in-house or local database, or a network of 
databases used for the purpose of recording and 
sharing activities of alleged gang members 
across law enforcement agencies, shall not es-
tablish the participation described in such para-
graph. 
(F) NOTICE.— 
(i) IN GENERAL.—Prior to rendering 
a discretionary decision under this para-
graph, the Secretary shall provide written 
notice of the intent to provisionally deny 
the application to the alien (or the alien’s 
counsel of record, if any) by certified mail 
and, if an electronic mail address is pro-
vided, by electronic mail (or other form of 
electronic communication). Such notice 
shall— 
(I) articulate with specificity all 
grounds for the preliminary deter-
mination, including the evidence relied 
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upon to support the determination; 
and 
(II) provide the alien with not 
less than 90 days to respond. 
(ii) SECOND NOTICE.—Not more than 
30 days after the issuance of the notice 
under clause (i), the Secretary shall pro-
vide a second written notice that meets the 
requirements of such clause. 
(iii) NOTICE
NOT
RECEIVED.—Not-
withstanding any other provision of law, if 
an applicant provides good cause for not 
contesting a provisional denial under this 
paragraph, including a failure to receive 
notice as required under this subpara-
graph, the Secretary shall, upon a motion 
filed by the alien, reopen an application for 
adjustment of status under this title and 
allow the applicant an opportunity to re-
spond, consistent with clause (i)(II). 
(G) JUDICIAL REVIEW OF A PROVISIONAL 
DENIAL.— 
(i) IN
GENERAL.—Notwithstanding 
any other provision of law, if, after notice 
and the opportunity to respond under sub-
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paragraph (F), the Secretary provisionally 
denies an application for adjustment of 
status under this Act, the alien shall have 
60 days from the date of the Secretary’s 
determination to seek review of such deter-
mination in an appropriate United States 
district court. 
(ii) SCOPE
OF
REVIEW
AND
DECI-
SION.—Notwithstanding any other provi-
sion of law, review under paragraph (1) 
shall be de novo and based solely on the 
administrative record, except that the ap-
plicant shall be given the opportunity to 
supplement the administrative record and 
the Secretary shall be given the oppor-
tunity to rebut the evidence and arguments 
raised in such submission. Upon issuing its 
decision, the court shall remand the mat-
ter, with appropriate instructions, to the 
Department of Homeland Security to 
render a final decision on the application. 
(4) DEFINITIONS.—For purposes of this Act— 
(A) the term ‘‘felony offense’’ means an of-
fense under Federal or State law that is pun-
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ishable by a maximum term of imprisonment of 
more than 1 year; 
(B) the term ‘‘misdemeanor offense’’ 
means an offense under Federal or State law 
that is punishable by a term of imprisonment of 
more than 5 days but not more than 1 year; 
and 
(C) the term ‘‘crime of domestic violence’’ 
means any offense that has as an element the 
use, attempted use, or threatened use of phys-
ical force against a person committed by a cur-
rent or former spouse of the person, by an indi-
vidual with whom the person shares a child in 
common, by an individual who is cohabiting 
with or has cohabited with the person as a 
spouse, by an individual similarly situated to a 
spouse of the person under the domestic or 
family violence laws of the jurisdiction where 
the offense occurs, or by any other individual 
against a person who is protected from that in-
dividual’s acts under the domestic or family vio-
lence laws of the United States or any State, 
Indian Tribal government, or unit of local gov-
ernment. 
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(d) LIMITATION ON REMOVAL OF CERTAIN ALIEN 
MINORS.—An alien who is 18 years of age or younger and 
meets the requirements under subparagraphs (A), (B), 
and (C) of subsection (b)(1) shall be provided a reasonable 
opportunity to meet the educational requirements under 
subparagraph (D) of such subsection. The Attorney Gen-
eral or the Secretary may not commence or continue with 
removal proceedings against such an alien. 
(e) WITHDRAWAL OF APPLICATION.—The Secretary 
shall, upon receipt of a request to withdraw an application 
for adjustment of status under this section, cease proc-
essing of the application, and close the case. Withdrawal 
of the application under this subsection shall not prejudice 
any future application filed by the applicant for any immi-
gration benefit under this title or under the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.). 
SEC. 2103. TERMS OF PERMANENT RESIDENT STATUS ON A 
CONDITIONAL BASIS. 
(a) PERIOD OF STATUS.—Permanent resident status 
on a conditional basis is— 
(1) valid for a period of 10 years, unless such 
period is extended by the Secretary; and 
(2) subject to revocation under subsection (c). 
(b) NOTICE OF REQUIREMENTS.—At the time an 
alien obtains permanent resident status on a conditional 
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(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary shall remove the conditional basis of 
an alien’s permanent resident status granted under 
this title and grant the alien status as an alien law-
fully admitted for permanent residence if the alien— 
(A) is described in section 2102(b)(1)(C); 
(B) has not abandoned the alien’s resi-
dence in the United States during the period in 
which the alien has permanent resident status 
on a conditional basis; and 
(C)(i) has obtained a degree from an insti-
tution of higher education or a recognized post-
secondary credential from an area career and 
technical education school providing education 
at the postsecondary level; 
(ii) has served in the Uniformed Services 
for at least 3 years and, if discharged, received 
an honorable discharge; or 
(iii) demonstrates earned income for peri-
ods totaling at least 4 years and at least 75 
percent of the time that the alien has had a 
valid employment authorization. 
(2) HARDSHIP
EXCEPTION.—The Secretary 
shall remove the conditional basis of an alien’s per-
manent resident status and grant the alien status as 
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an alien lawfully admitted for permanent residence 
if the alien— 
(A) satisfies the requirements under sub-
paragraphs (A) and (B) of paragraph (1); 
(B) demonstrates compelling circumstances 
for the inability to satisfy the requirements 
under subparagraph (C) of such paragraph; and 
(C) demonstrates that— 
(i) the alien has a disability; 
(ii) the alien is a full-time caregiver; 
or 
(iii) the removal of the alien from the 
United States would result in hardship to 
the alien or the alien’s spouse, parent, or 
child who is a national of the United 
States or is lawfully admitted for perma-
nent residence. 
(3) CITIZENSHIP REQUIREMENT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the conditional basis of an 
alien’s permanent resident status granted under 
this title may not be removed unless the alien 
demonstrates that the alien satisfies the re-
quirements under section 312(a) of the Immi-
gration and Nationality Act (8 U.S.C. 1423(a)). 
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(B) EXCEPTION.—Subparagraph (A) shall 
not apply to an alien who is unable to meet the 
requirements under such section 312(a) due to 
disability. 
(4) APPLICATION FEE.—The Secretary may re-
quire aliens applying for removal of the conditional 
basis of an alien’s permanent resident status under 
this section to pay a reasonable fee that is commen-
surate with the cost of processing the application. 
(5) BACKGROUND
CHECKS.—The Secretary 
may not remove the conditional basis of an alien’s 
permanent resident status until the requirements of 
section 2202 are satisfied. 
(b) TREATMENT FOR PURPOSES OF NATURALIZA-
TION.— 
(1) IN GENERAL.—For purposes of title III of 
the Immigration and Nationality Act (8 U.S.C. 1401 
et seq.), an alien granted permanent resident status 
on a conditional basis shall be considered to have 
been admitted to the United States, and be present 
in the United States, as an alien lawfully admitted 
for permanent residence. 
(2) LIMITATION ON APPLICATION FOR NATU-
RALIZATION.—An alien may not apply for natu-
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ralization while the alien is in permanent resident 
status on a conditional basis. 
(c) TIMING OF APPROVAL OF LAWFUL PERMANENT 
RESIDENT STATUS.— 
(1) IN GENERAL.—An alien granted permanent 
resident status on a conditional basis under this title 
may apply to have such conditional basis removed at 
any time after such alien has met the eligibility re-
quirements set forth in subsection (a). 
(2) APPROVAL WITH REGARD TO INITIAL APPLI-
CATIONS.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, the Secretary or the At-
torney General shall adjust to the status of an 
alien lawfully admitted for permanent resident 
status without conditional basis, any alien 
who— 
(i) demonstrates eligibility for lawful 
permanent residence status on a condi-
tional basis under section 2102(b); and 
(ii) subject to the exceptions described 
in subsections (a)(2) and (a)(3)(B) of this 
section, already has fulfilled the require-
ments of paragraphs (1) and (3) of sub-
section (a) of this section at the time such 
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alien first submits an application for bene-
fits under this title. 
(B) BACKGROUND
CHECKS.—Subsection 
(a)(5) shall apply to an alien seeking lawful 
permanent resident status without conditional 
basis in an initial application in the same man-
ner as it applies to an alien seeking removal of 
the conditional basis of an alien’s permanent 
resident status. Section 2102(b)(4) shall not be 
construed to require the Secretary to conduct 
more than one identical security or law enforce-
ment background check on such an alien. 
(C) APPLICATION FEES.—In the case of an 
alien seeking lawful permanent resident status 
without conditional basis in an initial applica-
tion, the alien shall pay the fee required under 
subsection (a)(4), but shall not be required to 
pay 
the 
application 
fee 
under 
section 
2102(b)(3). 
TITLE II—GENERAL PROVISIONS 
SEC. 2201. DEFINITIONS. 
(a) IN GENERAL.—In this division: 
(1) IN GENERAL.—Except as otherwise specifi-
cally provided, any term used in this division that is 
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used in the immigration laws shall have the meaning 
given such term in the immigration laws. 
(2) APPROPRIATE
UNITED
STATES
DISTRICT 
COURT.—The term ‘‘appropriate United States dis-
trict court’’ means the United States District Court 
for the District of Columbia or the United States 
district court with jurisdiction over the alien’s prin-
cipal place of residence. 
(3) AREA CAREER AND TECHNICAL EDUCATION 
SCHOOL.—The term ‘‘area career and technical edu-
cation school’’ has the meaning given such term in 
section 3 of the Carl D. Perkins Career and Tech-
nical Education Act of 2006 (20 U.S.C. 2302). 
(4) DACA.—The term ‘‘DACA’’ means de-
ferred action granted to an alien pursuant to the 
Deferred Action for Childhood Arrivals policy an-
nounced by the Secretary of Homeland Security on 
June 15, 2012. 
(5) DISABILITY.—The term ‘‘disability’’ has the 
meaning given such term in section 3(1) of the 
Americans with Disabilities Act of 1990 (42 U.S.C. 
12102(1)). 
(6) HIGH SCHOOL; SECONDARY SCHOOL.—The 
terms ‘‘high school’’ and ‘‘secondary school’’ have 
the meanings given such terms in section 8101 of 
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184 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801). 
(7) IMMIGRATION LAWS.—The term ‘‘immigra-
tion laws’’ has the meaning given such term in sec-
tion 101(a)(17) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(17)). 
(8) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’— 
(A) except as provided in subparagraph 
(B), has the meaning given such term in section 
102 of the Higher Education Act of 1965 (20 
U.S.C. 1002); and 
(B) does not include an institution of high-
er education outside of the United States. 
(9) RECOGNIZED
POSTSECONDARY
CREDEN-
TIAL.—The term ‘‘recognized postsecondary creden-
tial’’ has the meaning given such term in section 3 
of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3102). 
(10) SECRETARY.—Except as otherwise specifi-
cally provided, the term ‘‘Secretary’’ means the Sec-
retary of Homeland Security. 
(11) UNIFORMED SERVICES.—The term ‘‘Uni-
formed Services’’ has the meaning given the term 
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‘‘uniformed services’’ in section 101(a) of title 10, 
United States Code. 
(b) TREATMENT OF EXPUNGED CONVICTIONS.—For 
purposes of adjustment of status under this division, the 
terms ‘‘convicted’’ and ‘‘conviction’’, as used in this divi-
sion and in sections 212 and 244 of the Immigration and 
Nationality Act (8 U.S.C. 1182, 1254a), do not include 
a judgment that has been expunged or set aside, that re-
sulted in a rehabilitative disposition, or the equivalent. 
SEC. 2202. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 
DATA; BACKGROUND CHECKS. 
(a) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 
DATA.—The Secretary may not grant an alien adjustment 
of status under this division, on either a conditional or 
permanent basis, unless the alien submits biometric and 
biographic data, in accordance with procedures established 
by the Secretary. The Secretary shall provide an alter-
native procedure for aliens who are unable to provide such 
biometric or biographic data because of a physical impair-
ment. 
(b) BACKGROUND CHECKS.—The Secretary shall use 
biometric, biographic, and other data that the Secretary 
determines appropriate to conduct security and law en-
forcement background checks and to determine whether 
there is any criminal, national security, or other factor 
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that would render the alien ineligible for adjustment of 
status under this division, on either a conditional or per-
manent basis. The status of an alien may not be adjusted, 
on either a conditional or permanent basis, unless security 
and law enforcement background checks are completed to 
the satisfaction of the Secretary. 
SEC. 2203. LIMITATION ON REMOVAL AND OTHER CONDI-
TIONS ON ELIGIBLE INDIVIDUALS. 
(a) LIMITATION ON REMOVAL.—An alien who ap-
pears to be prima facie eligible for relief under this divi-
sion shall be given a reasonable opportunity to apply for 
such relief and may not be removed until, subject to sec-
tion 2206(c)(2), a final decision establishing ineligibility 
for relief is rendered. 
(b) APPLICATION.—An alien present in the United 
States who has been ordered removed or has been per-
mitted to depart voluntarily from the United States may, 
notwithstanding such order or permission to depart, apply 
for adjustment of status under this division. Such alien 
shall not be required to file a separate motion to reopen, 
reconsider, or vacate the order of removal. If the Secretary 
approves the application, the Secretary shall cancel the 
order of removal. If the Secretary renders a final adminis-
trative decision to deny the application, the order of re-
moval or permission to depart shall be effective and en-
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forceable to the same extent as if the application had not 
been made, only after all available administrative and judi-
cial remedies have been exhausted. 
(c) ADVANCE PAROLE.—During the period beginning 
on the date on which an alien applies for adjustment of 
status under this division and ending on the date on which 
the Secretary makes a final decision regarding such appli-
cation, the alien shall be eligible to apply for advance pa-
role. Section 101(g) of the Immigration and Nationality 
Act (8 U.S.C. 1101(g)) shall not apply to an alien granted 
advance parole under this Act. 
(d) EMPLOYMENT.—An alien whose removal is stayed 
pursuant to this division, who may not be placed in re-
moval proceedings pursuant to this division, or who has 
pending an application under this division, shall, upon ap-
plication to the Secretary, be granted an employment au-
thorization document. 
SEC. 2204. DETERMINATION OF CONTINUOUS PRESENCE 
AND RESIDENCE. 
(a) EFFECT OF NOTICE TO APPEAR.—Any period of 
continuous physical presence or continuous residence in 
the United States of an alien who applies for permanent 
resident status under this division (whether on a condi-
tional basis or without the conditional basis as provided 
in section 2104(c)(2)) shall not terminate when the alien 
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200 
(A) establish compliance with such require-
ment; and 
(B) have been maintained by the Social Se-
curity Administration, the Internal Revenue 
Service, or any other Federal, State, or local 
government agency. 
(2) OTHER DOCUMENTS.—An alien who is un-
able to submit the records described in paragraph 
(1) may satisfy the earned income requirement by 
submitting at least two types of reliable documents 
that provide evidence of employment or other forms 
of earned income, including— 
(A) bank records; 
(B) business records; 
(C) employer or contractor records; 
(D) records of a labor union, day labor 
center, or organization that assists workers in 
employment; 
(E) sworn affidavits from individuals who 
are not related to the alien and who have direct 
knowledge of the alien’s work, that contain— 
(i) the name, address, and telephone 
number of the affiant; and 
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