I 
115TH CONGRESS 
2D SESSION 
H. R. 4873 
To authorize the cancellation of removal and adjustment of status of certain 
individuals who are long-term United States residents and who entered 
the United States as children, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 20, 2018 
Mr. ISSA introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To authorize the cancellation of removal and adjustment 
of status of certain individuals 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 ‘‘DACA Compromise 
Act of 2018’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) IN GENERAL.—Any term used in this Act 
that is used in the immigration laws (as defined in 
section 101(a)(17) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(17))) shall have the 
meaning given such term in the immigration laws. 
(2) DACA.—The term ‘‘DACA’’ means de-
ferred action granted to an alien pursuant to the 
Deferred Action for Childhood Arrivals program an-
nounced by President Obama on June 15, 2012. 
(3) 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)). 
(4) POVERTY LINE.—The term ‘‘poverty line’’ 
has the meaning given such term in section 673 of 
the Community Services Block Grant Act (42 U.S.C. 
9902). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
SEC. 3. PERMANENT RESIDENT STATUS FOR CERTAIN 
LONG-TERM RESIDENTS WHO ENTERED THE 
UNITED STATES AS CHILDREN. 
(a) IN GENERAL.—The Secretary shall cancel the re-
moval of, and adjust to the status of an alien lawfully ad-
mitted for permanent residence, an alien— 
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(1) who has been continuously present in the 
United States since June 15, 2012; 
(2) who was granted DACA, unless the alien 
has engaged in conduct since the alien was granted 
DACA that would have rendered the alien ineligible 
for DACA renewal under the Deferred Action for 
Childhood Arrivals program, as in effect before Sep-
tember 5, 2017; 
(3) who makes application for such adjustment 
not earlier than the date that is 2 years after the 
date on which the alien first was granted DACA; 
(4) otherwise satisfies the requirements of this 
section; and 
(5) to whom is available an immigrant visa pur-
suant to section 4. 
(b) PROCEDURES.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall by rule establish a procedure allowing 
eligible individuals to apply for the relief available 
under this section without requiring placement in re-
moval proceedings and without requiring the imme-
diate availability of an immigrant visa pursuant to 
section 4. Such procedure shall provide for the abil-
ity of a minor to apply for such relief, including 
through a legal guardian or counsel. 
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(2) ALIENS SUBJECT TO REMOVAL.—The Sec-
retary shall provide a reasonable opportunity to 
apply for relief under this section to any alien who 
requests such an opportunity or who appears prima 
facie eligible for relief under this section if the alien 
is in removal proceedings, is the subject of a final 
removal order, or is the subject of a voluntary depar-
ture order. 
(c) APPLICATION FEE.— 
(1) IN GENERAL.—The Secretary may require 
an alien applying for permanent resident status 
under this section to pay a reasonable fee that is 
commensurate with the cost of processing the appli-
cation. 
(2) EXEMPTION.—An applicant may be exempt-
ed from paying the fee required under paragraph (1) 
if the alien— 
(A)(i) is younger than 18 years of age; 
(ii) received total income, during the 12- 
month period immediately preceding the date 
on which the alien files an application under 
this section, that is less than 150 percent of the 
poverty line; and 
(iii) is in foster care or otherwise lacking 
any parental or other familial support; 
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dures established by the Secretary. The Secretary shall 
provide an alternative procedure for aliens who are unable 
to provide such biometric or biographic data because of 
a physical impairment. 
(e) BACKGROUND CHECKS.— 
(1) 
REQUIREMENT
FOR
BACKGROUND 
CHECKS.—The Secretary shall utilize biometric, bio-
graphic, and other data that the Secretary deter-
mines appropriate— 
(A) to conduct security and law enforce-
ment background checks of an alien seeking 
permanent resident status under this section; 
and 
(B) to determine whether there is any 
criminal, national security, or other factor that 
would render the alien ineligible for such status. 
(2) COMPLETION OF BACKGROUND CHECKS.— 
The security and law enforcement background 
checks of an alien required under subparagraph (A) 
shall be completed, to the satisfaction of the Sec-
retary, before the date on which the Secretary 
grants such alien permanent resident status under 
this section. 
(f) MEDICAL EXAMINATION.— 
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(1) REQUIREMENT.—An alien applying for per-
manent resident status under this section shall un-
dergo a medical examination. 
(2) POLICIES
AND
PROCEDURES.—The Sec-
retary, with the concurrence of the Secretary of 
Health and Human Services, shall prescribe policies 
and procedures for the nature and timing of the ex-
amination required under paragraph (1). 
(g) MILITARY SELECTIVE SERVICE.—An alien apply-
ing for permanent resident status under this section shall 
establish that the alien has registered under the Military 
Selective Service Act (50 U.S.C. 3801 et seq.), if the alien 
is subject to registration under such Act. 
(h) TREATMENT OF ALIENS PENDING GRANT OF 
PERMANENT RESIDENCE.— 
(1) LIMITATION ON REMOVAL.—The Secretary 
or the Attorney General may not remove an alien 
who— 
(A) has pending an application for relief 
under this section and appears prima facie eli-
gible for such relief; 
(B) has an approved application for relief 
under this section and is awaiting the avail-
ability of an immigrant visa pursuant to section 
4; or 
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(C) is ineligible to apply for relief under 
this section solely due to the date limitation in 
subsection (a)(3). 
(2) PROVISIONAL PROTECTED STATUS.— 
(A) IN GENERAL.—In the case of an alien 
described in paragraph (1) whose DACA grant 
has ended, the Secretary shall grant provisional 
protected presence to the alien and shall pro-
vide the alien with employment authorization 
effective until the date on which— 
(i) the alien’s application for relief 
under this section is finally denied; or 
(ii) the Secretary cancels the removal 
of the alien and adjusts the status of the 
alien to that of an alien lawfully admitted 
for permanent residence. 
(B) STATUS
DURING
PERIOD
OF
PROVI-
SIONAL
PROTECTED
PRESENCE.—An 
alien 
granted provisional protected presence is not 
considered to be unlawfully present in the 
United States during the period beginning on 
the date such status is granted and ending on 
a date described in subparagraph (A), except 
that the Secretary may rescind an alien’s provi-
sional protected presence and employment au-
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thorization under this paragraph if the Sec-
retary determines that the alien— 
(i) poses a threat to national security 
or a threat to public safety; 
(ii) has traveled outside of the United 
States without authorization from the Sec-
retary; or 
(iii) has ceased to be continuously 
present in the United States since June 
15, 2012. 
(i) TREATMENT
OF CERTAIN BREAKS
IN PRES-
ENCE.— 
(1) IN GENERAL.—An alien shall be considered 
to have failed to maintain continuous presence in the 
United 
States 
under 
subsections 
(a)(1) 
and 
(h)(2)(B)(iii) if the alien has departed from the 
United States for any period in excess of 90 days or 
for any periods in the aggregate exceeding 180 days, 
unless such departure was authorized by the Sec-
retary of Homeland Security. 
(2) EXCEPTION.—An alien who departed from 
the United States after the date of the enactment of 
this Act shall not be considered to have failed to 
maintain continuous presence in the United States if 
the alien’s absences from the United States are 
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brief, casual, and innocent, whether or not such ab-
sences were authorized by the Secretary. 
(3) 
EXTENSIONS
FOR
EXCEPTIONAL
CIR-
CUMSTANCES.—The Secretary of Homeland Security 
may extend the time periods described in paragraph 
(1) if the alien demonstrates that the failure to time-
ly return to the United States was due to excep-
tional circumstances. Exceptional circumstances suf-
ficient to justify an extension may include the seri-
ous illness of the alien, or death or serious illness of 
a spouse, parent, grandparent, sibling, or child. 
SEC. 4. AVAILABILITY OF IMMIGRANT VISAS. 
(a) 
TEMPORARY
REALLOCATION
OF
CERTAIN 
VISAS.—Beginning in the first fiscal year in which an im-
migrant visa is needed under section 3(a)(5) for an alien 
who is the beneficiary of an approved application for relief 
under section 3, the visas described in subsection (b) that 
are otherwise available for the aliens described in such 
subsection shall be reallocated as necessary for purposes 
of making visas available under section 3(a)(5). 
(b) VISAS DESCRIBED.—For each fiscal year, the 
visas described in this subsection are the following: 
(1) Visas otherwise allotted to the brothers and 
sisters of citizens of the United States under section 
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203(a)(4) of the Immigration and Nationality Act (8 
U.S.C. 1153(a)(4)). 
(2) Visas otherwise allotted to diversity immi-
grants under section 203(c) of such Act (8 U.S.C. 
1153(c)), disregarding any visas necessary to offset 
adjustments of status under section 309 of the Ille-
gal Immigration Reform and Immigrant Responsi-
bility (8 U.S.C. 1101 note), as required by section 
203(d) of the Nicaraguan Adjustment and Central 
American Relief Act (8 U.S.C. 1151 note). 
(3) One half of the visas otherwise allotted to 
married sons and married daughters of citizens of 
the United States under section 203(a)(3) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1153(a)(3)). 
(4) One half of the visas otherwise allotted to 
skilled workers, professionals, and other workers 
under section 203(b)(3) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(b)(3)), disregarding 
any visas necessary to offset adjustments of status 
under section 309 of the Illegal Immigration Reform 
and Immigrant Responsibility (8 U.S.C. 1101 note), 
as required by section 203(e) of the Nicaraguan Ad-
justment and Central American Relief Act (8 U.S.C. 
1151 note). 
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(c) TERMINATION.—In no case shall the total number 
of visas reallocated under subsection (a) exceed the total 
number of aliens who have had an application approved 
under section 3. 
Æ 
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