I 
112TH CONGRESS 
1ST SESSION H. R. 1842 
To authorize the cancellation of removal and adjustment of status of certain 
alien students who are long-term United States residents and who en-
tered the United States as children, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 11, 2011 
Mr. BERMAN (for himself, Ms. ROS-LEHTINEN, and Ms. ROYBAL-ALLARD) in-
troduced the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Committees on Education and the 
Workforce and Homeland Security, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To authorize the cancellation of removal and adjustment 
of status of certain alien students who are long-term 
United States residents 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 ‘‘Development, Relief, 
and Education for Alien Minors Act of 2011’’ or the 
‘‘DREAM Act of 2011’’. 
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SEC. 2. DEFINITIONS. 
In this Act: 
(1) IN GENERAL.—Except as otherwise specifi-
cally provided, a term used in this Act that is used 
in the immigration laws shall have the meaning 
given such term in the immigration laws. 
(2) 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)). 
(3) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given that term in section 102 of the High-
er Education Act of 1965 (20 U.S.C. 1002). 
(4) SECRETARY.—Except as otherwise specifi-
cally provided, the term ‘‘Secretary’’ means the Sec-
retary of Homeland Security. 
(5) UNIFORMED
SERVICES.—The term ‘‘uni-
formed services’’ has the meaning given that term in 
section 101(a) of title 10, United States Code. 
SEC. 3. CONDITIONAL PERMANENT RESIDENT FOR CER-
TAIN LONG-TERM RESIDENTS WHO ENTERED 
THE UNITED STATES AS CHILDREN. 
(a) SPECIAL RULE FOR CERTAIN LONG-TERM RESI-
DENTS WHO ENTERED THE UNITED STATES AS CHIL-
DREN.— 
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(1) IN GENERAL.—Notwithstanding any other 
provision of law and except as otherwise provided in 
this Act, the Secretary may cancel removal of, and 
adjust to the status of an alien lawfully admitted for 
permanent residence on a conditional basis, an alien 
who is inadmissible or deportable from the United 
States if the alien demonstrates by a preponderance 
of the evidence that— 
(A) the alien has been physically present in 
the United States for a continuous period of 
not less than 5 years before the date of the en-
actment of this Act, and was 15 years of age 
or younger on the date the alien initially en-
tered the United States; 
(B) the alien has been a person of good 
moral character since the date the alien initially 
entered the United States; 
(C) subject to paragraph (2), the alien is 
not inadmissible under paragraph (2), (3), (4), 
(6)(E), (6)(G), (8), or subparagraph (A), (C), 
or (D) of paragraph (10), of section 212(a) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)); 
(D) the alien has been admitted to an in-
stitution of higher education in the United 
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States, or has earned a high school diploma or 
obtained a general education development cer-
tificate in the United States; and 
(E) the alien was 32 years of age or 
younger on the date of the enactment of this 
Act. 
(2) WAIVER.—With respect to any benefit 
under this Act, the Secretary may waive the grounds 
of ineligibility under section 212(a)(2) of the Immi-
gration and Nationality Act, for humanitarian pur-
poses, for purposes of family unity, or when it is 
otherwise in the public interest. 
(3) SUBMISSION
OF
BIOMETRIC
AND
BIO-
GRAPHIC DATA.—The Secretary may not grant per-
manent resident status on a conditional basis to an 
alien under this section unless the alien submits bio-
metric and biographic data, in accordance with pro-
cedures established by the Secretary. The Secretary 
shall provide an alternative procedure for applicants 
who are unable to provide such biometric or bio-
graphic data because of a physical impairment. 
(4) BACKGROUND CHECKS.— 
(A) 
REQUIREMENT
FOR
BACKGROUND 
CHECKS.—The Secretary shall utilize biometric, 
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biographic, and other data that the Secretary 
determines is appropriate— 
(i) to conduct security and law en-
forcement background checks of an alien 
seeking permanent resident status on a 
conditional basis under this section; and 
(ii) to determine whether there is any 
criminal, national security, or other factor 
that would render the alien ineligible for 
such status. 
(B) 
COMPLETION
OF
BACKGROUND 
CHECKS.—The security and law enforcement 
background checks required by subparagraph 
(A) for an alien shall be completed, to the satis-
faction of the Secretary, prior to the date the 
Secretary grants permanent resident status on 
a conditional basis to the alien. 
(5) MEDICAL EXAMINATION.—An alien applying 
for permanent resident status on a conditional basis 
under this section shall undergo a medical examina-
tion. The Secretary, with the concurrence of the Sec-
retary of Health and Human Services, shall pre-
scribe policies and procedures for the nature and 
timing of such examination. 
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(6) MILITARY SELECTIVE SERVICE.—An alien 
applying for permanent resident status on a condi-
tional basis under this section shall establish that 
the alien has registered under the Military Selective 
Service Act (50 U.S.C. App. 451 et seq.), if the 
alien is subject to such registration under that Act. 
(b) TERMINATION OF CONTINUOUS PERIOD.—Any 
period of continuous residence or continuous physical 
presence in the United States of an alien who applies for 
permanent resident status on a conditional basis under 
this section shall not terminate when the alien is served 
a notice to appear under section 239(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1229(a)). 
(c) TREATMENT
OF CERTAIN BREAKS
IN PRES-
ENCE.— 
(1) IN GENERAL.—An alien shall not be consid-
ered to have failed to maintain continuous physical 
presence in the United States for purposes of sub-
section (a)(1)(A) by virtue of brief, casual, and inno-
cent absences from the United States. 
(2) WAIVER.—The Secretary of Homeland Se-
curity may waive breaks in presence beyond brief, 
casual, or innocent absences for humanitarian pur-
poses, family unity, or when it is otherwise in the 
public interest. 
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(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) APPLICATION.— 
(1) IN GENERAL.—An alien seeking lawful per-
manent resident status on a conditional basis shall 
file an application for such status in such manner as 
the Secretary may require. 
(2) DEADLINE FOR SUBMISSION OF APPLICA-
TION.—An alien shall submit an application for re-
lief under this section not later than the date that 
is 1 year after the later of— 
(A) the date the alien earned a high school 
diploma or obtained a general education devel-
opment certificate in the United States; or 
(B) the effective date of the final regula-
tions issued pursuant to section 7. 
(f) 
LIMITATION
ON
REMOVAL
OF
CERTAIN 
ALIENS.— 
(1) IN GENERAL.—The Secretary or the Attor-
ney General may not remove an alien who— 
(A) has a pending application for relief 
under this section; and 
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(B) establishes prima facie eligibility for 
relief under this section. 
(2) CERTAIN ALIENS ENROLLED IN PRIMARY 
OR SECONDARY SCHOOL.— 
(A) STAY
OF
REMOVAL.—The Attorney 
General shall stay the removal proceedings of 
an alien who— 
(i) meets all the requirements of sub-
paragraphs (A), (B), (C), and (E) of sub-
section (a)(1); 
(ii) is at least 12 years of age; and 
(iii) is enrolled full-time in a primary 
or secondary school. 
(B) ALIENS
NOT
IN
REMOVAL
PRO-
CEEDINGS.—If an alien is not in removal pro-
ceedings, the Secretary shall not commence 
such proceedings with respect to the alien if the 
alien is described in clauses (i) through (iii) of 
subparagraph (A). 
(C) EMPLOYMENT.—An alien whose re-
moval is stayed pursuant to subparagraph (A) 
or who may not be placed in removal pro-
ceedings pursuant to subparagraph (B) shall, 
upon application to the Secretary, be granted 
an employment authorization document. 
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(D) LIFT OF STAY.—The Secretary or At-
torney General may lift the stay granted to an 
alien under subparagraph (A) if the alien— 
(i) is no longer enrolled in a primary 
or secondary school; or 
(ii) ceases to meet the requirements of 
such paragraph. 
SEC. 4. TERMS OF CONDITIONAL PERMANENT RESIDENT 
STATUS. 
(a) IN GENERAL.— 
(1) CONDITIONAL
BASIS
FOR
STATUS.—Not-
withstanding any other provision of law, an alien 
whose status has been adjusted under section 3 to 
that of an alien lawfully admitted for permanent res-
idence shall be considered to have obtained such sta-
tus on a conditional basis subject to the provisions 
of this section. Such conditional permanent resident 
status shall be valid for a period of 6 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 this Act, the Secretary of Homeland Se-
curity shall provide for notice to the alien re-
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garding the provisions of this section and the 
requirements to have the conditional basis of 
such status removed. 
(B) EFFECT OF FAILURE TO PROVIDE NO-
TICE.—The failure of the Secretary 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— 
(A) ceases to meet the requirements of 
subparagraph (B) or (C) of section 3(a)(1); or 
(B) has received a dishonorable or other 
than honorable discharge from the uniformed 
services. 
(2) RETURN TO PREVIOUS IMMIGRATION STA-
TUS.—Any alien whose conditional permanent resi-
dent status is terminated under paragraph (1) shall 
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return to the immigration status the alien had im-
mediately prior to receiving conditional permanent 
resident status under this Act. 
(c) INFORMATION SYSTEMS.—The Secretary shall 
use the information systems of the Department of Home-
land Security to maintain current information on the iden-
tity, address, and immigration status of aliens granted 
permanent resident status on a conditional basis under 
this Act. 
SEC. 5. REMOVAL OF CONDITIONAL BASIS OF PERMANENT 
RESIDENT STATUS. 
(a) ELIGIBILITY
FOR REMOVAL
OF CONDITIONAL 
BASIS.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary may remove the conditional basis of an 
alien’s permanent resident status granted under this 
Act if the alien demonstrates by a preponderance of 
the evidence that— 
(A) the alien has been a person of good 
moral character during the entire period of con-
ditional permanent resident status; 
(B) the alien is described in section 
3(a)(1)(C); 
(C) the alien has not abandoned the alien’s 
residence in the United States; 
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(D) the alien— 
(i) has acquired a degree from an in-
stitution of higher education in the United 
States or has completed at least 2 years, in 
good standing, in a program for a bach-
elor’s degree or higher degree in the 
United States; or 
(ii) has served in the Uniformed Serv-
ices for at least 2 years and, if discharged, 
received an honorable discharge; and 
(E) the alien has provided a list of each 
secondary school (as that term is defined in sec-
tion 9101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801)) that 
the alien attended in the United States. 
(2) HARDSHIP EXCEPTION.— 
(A) IN GENERAL.—The Secretary may, in 
the Secretary’s discretion, remove the condi-
tional basis of an alien’s permanent resident 
status if the alien— 
(i) satisfies the requirements of sub-
paragraphs (A), (B), (C), and (E) of para-
graph (1); 
(ii) 
demonstrates 
compelling 
cir-
cumstances for the inability to satisfy the 
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(B) who is absent from the United States 
due to active service in the Uniformed Services 
has not abandoned the alien’s residence in the 
United States during the period of such service. 
(4) CITIZENSHIP REQUIREMENT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the conditional basis of an 
alien’s permanent resident status may not be 
removed unless the alien demonstrates that the 
alien satisfies the requirements of section 
312(a) of the Immigration and Nationality Act 
(8 U.S.C. 1423(a)). 
(B) EXCEPTION.—Subparagraph (A) shall 
not apply to an alien who is unable because of 
a physical or developmental disability or mental 
impairment to meet the requirements of such 
subparagraph. 
(5) SUBMISSION
OF
BIOMETRIC
AND
BIO-
GRAPHIC DATA.—The Secretary may not remove the 
conditional basis of an alien’s permanent resident 
status unless the alien submits biometric and bio-
graphic data, in accordance with procedures estab-
lished by the Secretary. The Secretary shall provide 
an alternative procedure for applicants who are un-
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able to provide such biometric data because of a 
physical impairment. 
(6) BACKGROUND CHECKS.— 
(A) 
REQUIREMENT
FOR
BACKGROUND 
CHECKS.—The Secretary shall utilize biometric, 
biographic, and other data that the Secretary 
determines appropriate— 
(i) to conduct security and law en-
forcement background checks of an alien 
applying for removal of the conditional 
basis of the alien’s permanent resident sta-
tus; and 
(ii) to determine whether there is any 
criminal, national security, or other factor 
that would render the alien ineligible for 
removal of such conditional basis. 
(B) 
COMPLETION
OF
BACKGROUND 
CHECKS.—The security and law enforcement 
background checks required by subparagraph 
(A) for an alien shall be completed, to the satis-
faction of the Secretary, prior to the date the 
Secretary removes the conditional basis of the 
alien’s permanent resident status. 
(b) 
APPLICATION
TO
REMOVE
CONDITIONAL 
BASIS.— 
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(1) IN GENERAL.—An alien seeking to have the 
conditional basis of the alien’s lawful permanent 
resident status removed shall file an application for 
such removal in such manner as the Secretary may 
require. 
(2) DEADLINE FOR SUBMISSION OF APPLICA-
TION.— 
(A) IN GENERAL.—An alien shall file an 
application under this subsection during the pe-
riod beginning 6 months prior to and ending on 
the date that is later of— 
(i) 6 years after the date the alien 
was initially granted conditional permanent 
resident status; or 
(ii) any other expiration date of the 
alien’s conditional permanent resident sta-
tus, as extended by the Secretary in ac-
cordance with this Act. 
(B) 
STATUS
DURING
PENDENCY.—An 
alien shall be deemed to have permanent resi-
dent status on a conditional basis during the 
period that the alien’s application submitted 
under this subsection is pending. 
(3) ADJUDICATION OF APPLICATION.— 
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(A) IN
GENERAL.—The Secretary shall 
make a determination on each application filed 
by an alien under this subsection as to whether 
the alien meets the requirements for removal of 
the conditional basis of the alien’s permanent 
resident status. 
(B) ADJUSTMENT OF STATUS IF FAVOR-
ABLE DETERMINATION.—If the Secretary deter-
mines that the alien meets such requirements, 
the Secretary shall notify the alien of such de-
termination and remove the conditional basis of 
the alien’s permanent resident status, effective 
as of the date of such determination. 
(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, if the alien no longer meets the 
requirements for permanent resident status on 
a conditional basis under this Act, terminate 
the conditional permanent resident status 
granted the alien under this Act as of the date 
of such determination. 
(c) TREATMENT FOR PURPOSES OF NATURALIZA-
TION.— 
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(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 under this Act shall be consid-
ered to have been admitted as an alien lawfully ad-
mitted for permanent residence and to be in the 
United States as an alien lawfully admitted to the 
United States for permanent residence. 
(2) LIMITATION ON APPLICATION FOR NATU-
RALIZATION.—An alien may not apply for natu-
ralization during the period that the alien is in per-
manent resident status on a conditional basis under 
this Act. 
SEC. 6. CONFIDENTIALITY OF INFORMATION. 
(a) PROHIBITION.—Except as provided in subsection 
(b), no officer or employee of the United States may— 
(1) use the information furnished by the appli-
cant pursuant to an application filed under this Act 
to initiate removal proceedings against any persons 
identified in the application; 
(2) make any publication whereby the informa-
tion furnished by any particular individual pursuant 
to an application under this Act can be identified; or 
(3) permit anyone other than an officer or em-
ployee of the United States Government or, in the 
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case of applications filed under this Act with a des-
ignated entity, that designated entity, to examine 
applications filed under this Act. 
(b) REQUIRED DISCLOSURE.—The Attorney General 
or the Secretary of Homeland Security shall provide the 
information furnished under this section, and any other 
information derived from such furnished information, to— 
(1) a Federal, State, tribal, or local law enforce-
ment agency, intelligence agency, national security 
agency, component of the Department of Homeland 
Security, court, or grand jury in connection with a 
criminal investigation or prosecution, a background 
check conducted pursuant to section 103 of the 
Brady Handgun Violence Protection Act (Public 
Law 103–159; 18 U.S.C. 922 note), or national se-
curity purposes, if such information is requested by 
such entity or consistent with an information shar-
ing agreement or mechanism; or 
(2) an official coroner for purposes of affirma-
tively identifying a deceased individual (whether or 
not such individual is deceased as a result of a 
crime). 
(c) FRAUD IN APPLICATION PROCESS OR CRIMINAL 
CONDUCT.—Notwithstanding any other provision of this 
section, information concerning whether an alien seeking 
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relief under this Act has engaged in fraud in an applica-
tion for such relief or at any time committed a crime may 
be used or released for immigration enforcement, law en-
forcement, or national security purposes. 
(d) PENALTY.—Whoever knowingly uses, publishes, 
or permits information to be examined in violation of this 
section shall be fined not more than $10,000. 
SEC. 7. REGULATIONS. 
(a) INITIAL PUBLICATION.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
shall publish regulations implementing this Act. Such reg-
ulations shall allow eligible individuals to apply affirma-
tively for the relief available under section 3 without being 
placed in removal proceedings. 
(b) INTERIM REGULATIONS.—Notwithstanding sec-
tion 553 of title 5, United States Code, the regulations 
required by subsection (a) shall be effective, on an interim 
basis, immediately upon publication but may be subject 
to change and revision after public notice and opportunity 
for a period of public comment. 
(c) FINAL REGULATIONS.—Within a reasonable time 
after publication of the interim regulations in accordance 
with subsection (b), the Secretary shall publish final regu-
lations implementing this Act. 
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(d) PAPERWORK REDUCTION ACT.—The require-
ments of chapter 35 of title 44, United States Code (com-
monly known as the ‘‘Paperwork Reduction Act’’) shall 
not apply to any action to implement this Act. 
SEC. 8. HIGHER EDUCATION ASSISTANCE. 
(a) IN GENERAL.—Notwithstanding any provision of 
the Higher Education Act of 1965 (20 U.S.C. 1001 et 
seq.) or any provision of title IV of the Personal Responsi-
bility and Work Opportunity Reconciliation Act of 1996 
(8 U.S.C. 1601 et seq.), with respect to Federal financial 
education assistance, an alien who is lawfully admitted for 
permanent residence under this Act and has not had the 
conditional basis removed shall not be eligible for— 
(1) Federal Pell grants under part A of title IV 
of the Higher Education Act of 1965 (20 U.S.C. 
1070a et seq.); and 
(2) Federal supplemental educational oppor-
tunity grants under part A of title IV of that Act 
(20 U.S.C. 1070b et seq.). 
(b) RESTORATION OF STATE RIGHT TO DETERMINE 
RESIDENCY
FOR PURPOSES
OF HIGHER EDUCATION 
BENEFITS.— 
(1) IN GENERAL.—Section 505 of the Illegal 
Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1623) is repealed. 
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(2) EFFECTIVE DATE.—The repeal under para-
graph (1) shall take effect as if included in the en-
actment of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996. 
Æ 
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