9/11 Immigrant Worker Freedom Act
Bill: H.R.5700 | Sponsor: Rep. Ocasio-Cortez, Alexandria (D-NY)
Policy area: Immigration

Summary:
9/11 Immigrant Worker Freedom Act
This bill provides lawful permanent resident status to qualifying aliens who performed rescue, debris cleanup, or related services following the September 11, 2001, attacks.
This bill shall apply to an alien who (1) performed a certain number of hours of such services in New York, New York, after the attack; (2) was exposed to debris from the former World Trade Center and airborne toxins while performing vehicle maintenance services after the attack; or (3) performed rescue, cleanup, or related services following the attack on the Pentagon or the aircraft crash in Shanksville, Pennsylvania.
An individual who has applied for lawful permanent resident status under this bill shall receive work authorization while the application is pending.
An individual who willfully makes a material misrepresentation or material omission related to the performance of these services may not receive lawful permanent resident status under this bill.

To provide individuals who performed rescue, recovery, demolition, 
   debris cleanup, or other related services after the September 11 
  terrorist attacks an opportunity to adjust their status to that of 
          lawful permanent residents, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``9/11 Immigrant Worker Freedom Act''.

SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN WORKERS AFTER TERRORIST 
              ATTACKS.

    (a) Adjustment of Status.--Notwithstanding any other provision of 
law, the Secretary of Homeland Security or the Attorney General shall 
adjust the status of any individual described in subsection (b) to that 
of an alien lawfully admitted for permanent residence if such 
individual applies for such adjustment not later than 18 months after 
the date of the enactment of this Act, which may be extended at the 
discretion of the Secretary in cases with compelling circumstances.
    (b) Aliens Eligible for Adjustment of Status.--
            (1) In general.--The benefit provided by subsection (a) 
        shall apply to any alien who--
                    (A) worked or volunteered onsite in rescue, 
                recovery, debris cleanup, or related support services 
                in lower Manhattan (south of Canal St.), the Staten 
                Island Landfill, or the barge loading piers, for at 
                least 4 hours during the period beginning on September 
                11, 2001, and ending on September 14, 2001, for at 
                least 24 hours during the period beginning on September 
                11, 2001, and ending on September 30, 2001, or for at 
                least 80 hours during the period beginning on September 
                11, 2001, and ending on July 31, 2002;
                    (B) was a vehicle-maintenance worker who was 
                exposed to debris from the former World Trade Center 
                while retrieving, driving, cleaning, repairing, and 
                maintaining vehicles contaminated by airborne toxins 
                from the September 11, 2001, terrorist attacks for any 
                time during the period beginning on September 11, 2001, 
                and ending on July 31, 2002;
                    (C) was a member of a fire or police department 
                (whether fire or emergency personnel, active or 
                retired), worked for a recovery or cleanup contractor, 
                or was a volunteer; and performed rescue, recovery, 
                demolition, debris cleanup, or other related services 
                at the Pentagon site of the terrorist-related aircraft 
                crash of September 11, 2001, during the period 
                beginning on September 11, 2001, and ending on November 
                19, 2001; or
                    (D) was a member of a fire or police department 
                (whether fire or emergency personnel, active or 
                retired), worked for a recovery or cleanup contractor, 
                or was a volunteer; and performed rescue, recovery, 
                demolition, debris cleanup, or other related services 
                at the Shanksville, Pennsylvania, site of the 
                terrorist-related aircraft crash of September 11, 2001, 
                during the period beginning on September 11, 2001, and 
                ending on October 3, 2001.
            (2) Exception.--An alien shall not be provided any benefit 
        under this section if the Secretary of Homeland Security or the 
        Attorney General determines that the alien has willfully made a 
        material misrepresentation or material omission in the proffer 
        of information described in paragraph (1).
    (c) Work Authorization.--An alien who has applied for adjustment of 
status under subsection (a) shall be provided authorization to engage 
in employment in the United States during the pendency of such 
application.
    (d) Fee Waiver Based on an Inability To Pay.--
            (1) In general.--The Secretary of Homeland Security shall 
        waive fees with respect to the filing of an application under 
        this section for an alien who demonstrates to the satisfaction 
        of the Secretary that such alien--
                    (A) is the recipient of a means-tested benefit 
                where the Federal, State, or local agency administering 
                such public benefit considers the income and resources 
                of the individual in granting such benefit;
                    (B) has an income is no greater than 250 percent of 
                the Federal poverty guidelines; or
                    (C) faces extraordinary financial hardship that 
                prevents them from paying the filing fee.
            (2) Corrective filing.--If the Secretary finds that an 
        applicant is ineligible for a fee waiver under this subsection, 
        the Secretary shall notify applicants of the basis for such 
        ineligibility, and allow applicants 90 days from the date on 
        which the Secretary provides such notice to submit additional 
        evidence of eligibility. Such applicant shall retain the 
        original filing date of the application or petition associated 
        with the fee waiver.
            (3) Federal poverty guidelines.--The term ``Federal poverty 
        guidelines'' has the meaning given such term by the Director of 
        the Office of Management and Budget, as revised annually by the 
        18 Secretary of Health and Human Services in accordance with 
        section 673(2) of the Omnibus Budget Reconciliation Act of 1981 
        (42 U.S.C. 9902(2)).
            (4) Public charge.--
                    (A) Finding of public charge.--Receipt of an 
                application for a fee waiver under this section shall 
                not be considered in a public charge determination 
                pursuant to section 212(a)(4) or section 237(a)(5).
                    (B) Sponsors.--Receipt of or application for a fee 
                waiver by the sponsor of an immigration petition shall 
                not be considered as a factor in consideration of an 
                affidavit of support filed by the sponsor.
    (e) Construction.--Nothing in this section may be construed--
            (1) to limit the existing authority of the Secretary of 
        Homeland Security or the Attorney General on the date of the 
        enactment of this Act to require any form or other submission 
        of information or to perform any background or security check 
        for the purpose of determining the admissibility, or 
        eligibility under this section, of any alien; or
            (2) to authorize the Secretary or the Attorney General to 
        consider any condition of eligibility not set forth in this 
        Act.
    (f) Waiver of Regulations.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary shall publish in the 
        Federal Register interim final rules implementing this Act, 
        which shall allow eligible individuals to immediately apply for 
        relief under this Act. Notwithstanding section 553 of title 5, 
        United States Code, the regulation shall be effective, on an 
        interim basis, immediately upon publication, but may be subject 
        to change and revision after public notice and opportunity for 
        a period of public comment. The Secretary shall finalize such 
        rules not later than 180 days after the date of publication.
            (2) Paperwork reduction act.--The requirements under 
        chapter 35 of title 44, United States Code, (commonly known as 
        the ``Paperwork Reduction Act'') shall not apply to any action 
        to implement this Act.
    (g) Confidentiality of Information.--
            (1) In general.--The Secretary may not disclose or use 
        information (including information provided during 
        administrative or judicial review) provided in applications 
        filed under this Act for the purpose of immigration 
        enforcement.
            (2) Referrals prohibited.--The Secretary, based solely on 
        information provided in an application under this Act 
        (including information provided during administrative or 
        judicial review) may not refer an applicant to U.S. Immigration 
        and Customs Enforcement, U.S. Customs and Border Protection, or 
        any designee of either such entity.
            (3) Limited exception.--Notwithstanding subsections (a) and 
        (b), information provided in an application under this Act may 
        be shared with Federal security and law enforcement agencies--
                    (A) for assistance in the consideration of an 
                application for adjustment of status under this Act;
                    (B) to identify or prevent fraudulent claims;
                    (C) for national security purposes; or
                    (D) for the investigation or prosecution of any 
                felony offense not related to immigration status.
            (4) Penalty.--Any person who knowingly uses, publishes, or 
        permits information to be examined in violation of this section 
        shall be fined not more than $10,000.
    (h) No Offset in Number of Visas Available.--When an alien is 
granted the status of having been lawfully admitted for permanent 
residence under this section, the Secretary of State shall not be 
required to reduce the number of immigrant visas authorized to be 
issued under the Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.).
    (i) Definitions.--Except as otherwise specifically provided in this 
section, the definitions used in the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) (excluding the definitions applicable exclusively 
to title III of such Act) shall apply in the administration of this 
section.
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