Fairness for Immigrant Families Act
Bill: S.1638 | Sponsor: Sen. Cortez Masto, Catherine (D-NV)
Policy area: Immigration

Summary:
Fairness for Immigrant Families Act
This bill modifies provisions barring certain aliens from admission and addresses other immigration-related issues.
The bill repeals various admissions bars against aliens who were unlawfully present in the United States for certain amounts of time.
The bill also modifies a provision that generally makes inadmissible aliens who had been ordered removed and who attempt to reenter the United States without being admitted. Specifically, the bill exempts from that provision minors, asylum seekers, aliens who received a stay of removal under a family unity program, victims of severe trafficking, and certain aliens who entered the United States as children.
An alien who entered the United States without inspection may apply for lawful permanent residence during the five-year period starting from this bill's enactment if the alien is the beneficiary of a family-based petition or labor certification.
The bill also prohibits removing an alien with certain pending immigration-related applications, such as an application for a family-based immigrant visa, if the application is not obviously deficient.
Before removing a parent or legal guardian of an individual who is less than 21 years old and a U.S. citizen or permanent resident, the Director of U.S. Immigration and Customs Enforcement must review and approve the removal.
Furthermore, the bill makes it a crime to fraudulently provide immigration services. The Department of Justice must make grants to support enforcement of such laws and to assist victims.
The bill establishes the National Office of New Americans to support the integration of immigrants and refugees.


To protect immigrant families, combat fraud, promote citizenship, and 
             build community trust, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Fairness for 
Immigrant Families Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
                 TITLE I--PROTECTING IMMIGRANT FAMILIES

                 Subtitle A--Expansion of Admissibility

Sec. 101. Promoting family unity.
Sec. 102. Extension of the application period for certain aliens 
                            present in the United States for adjustment 
                            of status.
                    Subtitle B--Relief From Removal

Sec. 111. Individuals previously removed.
Sec. 112. Expansion of cancellation of removal.
Sec. 113. Prohibition on removal of aliens with pending applications.
Sec. 114. Motions to reopen in cases involving fraud, negligence, 
                            misrepresentation, extortion, and 
                            unauthorized practice of law.
Subtitle C--Provisions Relating to Removal of Parents of United States 
                                Citizens

Sec. 121. Review of and reporting on removal of parents of United 
                            States citizens.
Sec. 122. Report on enforcement actions against parents of United 
                            States citizens and DACA recipients.
Sec. 123. Report on United States citizens mistakenly detained or 
                            deported.
Sec. 124. Protections for United States citizen children abroad.
          TITLE II--COMBATING FRAUD AND PROMOTING CITIZENSHIP

Sec. 201. Combating immigration services fraud.
Sec. 202. Requirements for immigration consultants.
Sec. 203. Fee and backlog transparency.
Sec. 204. National Office for New Americans.
                  TITLE III--BUILDING COMMUNITY TRUST

Sec. 301. Protecting aliens who are victims of or witnesses to crimes 
                            or are defending civil rights.
Sec. 302. Semiannual report on certain enforcement actions.
Sec. 303. Rule of construction.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Immigration plays a defining role in the identity of 
        the United States. Families throughout the United States have 
        roots in the immigration experience of earlier generations of 
        immigrants who came to the United States seeking better 
        opportunities, safety from persecution, and ultimately, a 
        chance at the American dream.
            (2) While the ancestors of some families arrived centuries 
        ago, other families are continuing that tradition today. 
        Approximately 38,000,000 second-generation Americans are living 
        in the United States. As of 2019, 17,800,000 children in the 
        United States, or 26 percent, lived with 1 or more immigrant 
        parents. Just over 1 in 4 residents of the United States is an 
        immigrant or the child of immigrants.
            (3) In the United States--
                    (A) 16,700,000 individuals live in a household with 
                1 or more family members who are not authorized to be 
                in the United States;
                    (B) 5,900,000 United States citizen children live 
                in a household with 1 or more family members who are 
                not authorized to be in the United States; and
                    (C) 8,000,000 United States citizens live in a 
                household with 1 or more family members who are not 
                authorized to be in the United States.
            (4) Children of immigrants are the future workers, leaders, 
        voters, parents, and taxpayers of the United States and are 
        critical to the health and well-being of the United States.
            (5) Second-generation Americans closely reflect or exceed 
        the national average household income, homeownership rate, and 
        college graduation rate.
            (6) In their pursuit of the American dream, generations of 
        immigrant families have contributed to their communities in the 
        United States and will continue to do so, including as 
        essential workers who keep the United States running at great 
        risk to themselves and their families.
            (7) Immigrants play a critical role in the United States 
        economy, and providing a path to citizenship for undocumented 
        immigrants is a necessary part of maintaining the economic 
        strength of the United States.
            (8) Immigrant entrepreneurs account for almost 30 percent 
        of all new entrepreneurs in the United States, and immigrants 
        are almost twice as likely as the United States-born population 
        to become entrepreneurs.
            (9) Undocumented immigrants contribute over $11,000,000,000 
        in State and local taxes each year.
            (10) Removing undocumented residents from mixed-status 
        households cuts the median income of such households by 47 
        percent.
            (11) Approximately 1,200,000 mortgages are held by 
        households with 1 or more undocumented individuals.
            (12) Indiscriminate immigration enforcement and the threat 
        of immigration enforcement negatively impact the health, 
        development, and well-being of children at risk of separation 
        from a loved one due to detention or removal from the United 
        States. Neurobiological research demonstrates the acute and 
        lasting trauma that family separation, and the threat of 
        separation, causes in children, such as changes in the 
        architecture of the brain and increased likelihood to 
        experience emotional and behavioral issues, depression, 
        anxiety, post-traumatic stress disorder, and suicidal ideation.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) In general.--Except as otherwise specifically provided, 
        any term used in this Act that is used in the immigration laws 
        shall have the meaning given the term in the immigration laws.
            (2) DACA recipient.--The term ``DACA recipient'' means an 
        alien who has been granted deferred action pursuant to the 
        memorandum of the Department of Homeland Security entitled 
        ``Exercising Prosecutorial Discretion with Respect to 
        Individuals Who Came to the United States as Children'' issued 
        on June 15, 2012.
            (3) Immigration laws.--The term ``immigration laws'' has 
        the meaning given the term in section 101(a) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)).

                 TITLE I--PROTECTING IMMIGRANT FAMILIES

                 Subtitle A--Expansion of Admissibility

SEC. 101. PROMOTING FAMILY UNITY.

    (a) Elimination of 3-Year and 10-Year Bars and Modification of 
Permanent Bar.--Section 212(a)(9) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(9)) is amended--
            (1) by striking subparagraph (B);
            (2) by redesignating subparagraph (C) as subparagraph (B); 
        and
            (3) in subparagraph (B), as so redesignated--
                    (A) by amending clause (i) to read as follows:
                            ``(i) In general.--Any alien who knows he 
                        or she has received a final order of removal 
                        under section 240, and who enters or attempts 
                        to reenter the United States without being 
                        admitted, is inadmissible.'';
                    (B) by amending clause (ii) to read as follows:
                            ``(ii) Exceptions.--
                                    ``(I) Consent to reapplication for 
                                admission.--Clause (i) shall not apply 
                                to an alien seeking admission on a date 
                                that is more than 3 years after the 
                                date on which the alien last departed 
                                the United States if, before the 
                                reembarkation of the alien at a place 
                                outside the United States or the 
                                attempt by the alien to be readmitted 
                                from a foreign contiguous territory, 
                                the Secretary of Homeland Security has 
                                consented to a reapplication for 
                                admission by the alien.
                                    ``(II) Minors.--Clause (i) shall 
                                not apply to an alien who is under 18 
                                years of age.
                                    ``(III) Asylees.--Clause (i) shall 
                                not apply to an alien who has a bona 
                                fide application for asylum pending 
                                under section 208.
                                    ``(IV) Family unity.--Clause (i) 
                                shall not apply to an alien who is a 
                                beneficiary of family unity protection 
                                pursuant to section 301 of the 
                                Immigration Act of 1990 (8 U.S.C. 1255a 
                                note).
                                    ``(V) Victims of a severe form of 
                                trafficking in persons.--Clause (i) 
                                shall not apply to an alien who 
                                demonstrates that 1 or more severe 
                                forms of trafficking in persons (as 
                                defined in section 103 of the 
                                Trafficking Victims Protection Act of 
                                2000 (22 U.S.C. 7102)) was a central 
                                reason for the unlawful presence of the 
                                alien in the United States.
                                    ``(VI) Aliens who entered as 
                                children.--Clause (i) shall not apply 
                                to an alien who--
                                            ``(aa) is the beneficiary 
                                        of an approved petition under 
                                        section 101(a)(15)(H);
                                            ``(bb)(AA) is in school, 
                                        has graduated from high school, 
                                        has obtained a general 
                                        education development 
                                        certificate recognized under 
                                        State law or a high school 
                                        equivalency diploma; or
                                            ``(BB) is serving in the 
                                        armed forces (as defined in 
                                        section 101(a) of title 10, 
                                        United States Code) or is an 
                                        honorably discharged veteran of 
                                        the armed forces; and
                                            ``(cc) had not yet reached 
                                        the age of 16 years on the date 
                                        on which the alien initially 
                                        entered the United States.''; 
                                        and
                    (C) in clause (iii)--
                            (i) by striking the clause designation and 
                        heading and all that follows through 
                        ``Security'' and insert the following:
                            ``(iii) Waivers.--
                                    ``(I) VAWA self-petitioners.--The 
                                Attorney General or the Secretary of 
                                Homeland Security, as applicable,''; 
                                and
                            (ii) by adding at the end the following:
                                    ``(II) Extreme hardship.--The 
                                Attorney General or the Secretary of 
                                Homeland Security may, in the 
                                discretion of the Attorney General or 
                                the Secretary, waive clause (i) in the 
                                case of an alien who is the parent, 
                                spouse, or son or daughter of a United 
                                States citizen or of an alien lawfully 
                                admitted for permanent residence if it 
                                is established to the satisfaction of 
                                the Attorney General or the Secretary 
                                that a denial of admission to the alien 
                                would result in extreme hardship to the 
                                United States citizen or lawfully 
                                admitted permanent resident son or 
                                daughter, spouse, or parent of the 
                                alien.''.
    (b) Misrepresentation of Citizenship.--The Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
            (1) in section 212 (8 U.S.C. 1182)--
                    (A) in subsection (a)(6)(C)--
                            (i) by amending clause (ii) to read as 
                        follows:
                            ``(ii) Misrepresentation of citizenship.--
                                    ``(I) In general.--Any alien who 
                                knowingly and willfully misrepresents, 
                                or has knowingly and willfully 
                                misrepresented, himself or herself to 
                                be a citizen of the United States for 
                                any purpose or benefit under this Act 
                                (including section 274A) or any Federal 
                                or State law is inadmissible.
                                    ``(II) Exception.--In the case of 
                                an alien who was under the age of 21 
                                years at the time of making a 
                                misrepresentation described in 
                                subclause (I), the alien shall not be 
                                considered to be inadmissible under any 
                                provision of this subsection based on 
                                such misrepresentation.''; and
                            (ii) in clause (iii), by striking ``of 
                        clause (i)''; and
                    (B) by amending subsection (i)(1) to read as 
                follows:
    ``(i)(1) The Attorney General or the Secretary of Homeland Security 
may, in the discretion of the Attorney General or the Secretary, waive 
the application of subsection (a)(6)(C) in the case of an alien who is 
the parent, spouse, son or daughter of a United States citizen or of an 
alien lawfully admitted for permanent residence and in the case of an 
alien who is an alien granted classification under clause (iii) or (iv) 
of section 204(a)(1)(A), if it is established to the satisfaction of 
the Attorney General or the Secretary that the admission to the United 
States of such alien would not be contrary to the national welfare, 
safety, or security of the United States.''; and
            (2) by amending section 237(a)(3)(D) (8 U.S.C. 
        1227(a)(3)(D)) to read as follows:
                    ``(D) Misrepresentation of citizenship.--
                            ``(i) In general.--Any alien who knowingly 
                        and willfully misrepresents, or has knowingly 
                        and willfully misrepresented, himself or 
                        herself to be a citizen of the United States 
                        for any purpose or benefit under this Act 
                        (including section 274A) or any Federal or 
                        State law is deportable.
                            ``(ii) Exception.--In the case of an alien 
                        who was under the age of 21 years at the time 
                        of making a misrepresentation described in 
                        clause (i), the alien shall not be considered 
                        to be deportable under any provision of this 
                        subsection based on such misrepresentation.''.
    (c) Conforming Amendments.--
            (1) Section 214(q) of the Immigration and Nationality Act 
        (8 U.S.C. 1184(q)) is amended--
                    (A) by striking paragraph (2);
                    (B) in paragraph (3)(C), by striking ``paragraphs 
                (6)(A), (7), and (9)(B)'' and inserting ``paragraphs 
                (6)(A) and (7)''; and
                    (C) by redesignating paragraph (3) as paragraph 
                (2).
            (2) Section 245(h)(2)(A) of the Immigration and Nationality 
        Act (8 U.S.C. 1255(h)(2)(A)) is amended by striking ``(7)(A), 
        and (9)(B)'' and inserting ``and (7)(A)''.
            (3) Section 248(a) of the Immigration and Nationality Act 
        (8 U.S.C. 1258(a)) is amended, in the matter preceding 
        paragraph (1), by striking ``and who is not inadmissible under 
        section 212(a)(9)(B)(i)'' and all that follows through 
        ``section 212(a)(9)(B)(v))''.

SEC. 102. EXTENSION OF THE APPLICATION PERIOD FOR CERTAIN ALIENS 
              PRESENT IN THE UNITED STATES FOR ADJUSTMENT OF STATUS.

    Section 245(i) of the Immigration and Nationality Act (8 U.S.C. 
1255(i)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), in the undesignated matter 
                following clause (ii), by striking the semicolon and 
                inserting ``; and'';
                    (B) in subparagraph (B)--
                            (i) in clause (i), by striking ``April 30, 
                        2001'' and inserting ``the date that is not 
                        later than 5 years after the date of the 
                        enactment of the Fairness for Immigrant 
                        Families Act''; and
                            (ii) in clause (ii), by striking ``; and'' 
                        and inserting a period; and
                    (C) by striking subparagraph (C); and
            (2) by amending paragraph (3)(B) to read as follows:
            ``(B) Any remaining portion of such fees remitted under 
        such paragraphs shall be deposited into the Immigration 
        Examinations Fee Account established under section 286(m).''.

                    Subtitle B--Relief From Removal

SEC. 111. INDIVIDUALS PREVIOUSLY REMOVED.

    (a) Discretionary Reinstatement of Removal Orders.--Section 
241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(5)) 
is amended--
            (1) by striking ``If the Attorney General'' and inserting 
        the following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), if the Secretary of Homeland 
                Security''; and
            (2) by adding at the end the following:
                    ``(B) Exceptions.--
                            ``(i) In general.--Subparagraph (A) shall 
                        not apply to an alien--
                                    ``(I) who has not attained the age 
                                of 18 years on the date on which the 
                                alien reenters the United States; or
                                    ``(II) the reinstatement of the 
                                prior order of removal of whom--
                                            ``(aa) is not in the public 
                                        interest;
                                            ``(bb) would result in 
                                        hardship to the United States 
                                        citizen or lawful permanent 
                                        resident parent, spouse, or 
                                        child of the alien; or
                                            ``(cc) would prevent 
                                        consideration of an application 
                                        for asylum that has not been 
                                        previously adjudicated.
                            ``(ii) Rule of construction.--For purposes 
                        of this paragraph, family separation shall be 
                        considered--
                                    ``(I) not in the public interest; 
                                and
                                    ``(II) a hardship.''.
    (b) Motions To Reopen and Reconsider.--Section 240(c) of the 
Immigration and Nationality Act (8 U.S.C. 1229a(c)) is amended by 
adding at the end the following:
            ``(8) Special rule for relatives of united states 
        citizens.--
                    ``(A) In general.--Notwithstanding subparagraphs 
                (A) and (B) of paragraph (6) and subparagraphs (A) and 
                (C) of paragraph (7)--
                            ``(i) an alien described in subparagraph 
                        (B) may file a motion to reconsider under 
                        paragraph (6) or a motion to reopen under 
                        paragraph (7) at any time and without numerical 
                        limitation; and
                            ``(ii) the Attorney General shall consider 
                        any such motion.
                    ``(B) Alien described.--An alien described in this 
                subparagraph is an alien who is--
                            ``(i) outside the United States after 
                        having been excluded, deported, or removed 
                        from, or ordered to voluntarily depart, the 
                        United States on or after January 20, 2017; and
                            ``(ii) the spouse, child, or parent of a 
                        citizen of the United States or an alien 
                        lawfully admitted for permanent residence.
                    ``(C) Treatment of physical presence.--For purposes 
                of any physical presence or continuous residence 
                requirement for relief under the immigration laws, with 
                respect to an alien described in subparagraph (B), a 
                period outside the United States after having been 
                excluded, deported, or removed from, or ordered to 
                voluntarily depart the United States on or after 
                January 20, 2017, shall not be considered to toll or 
                break the alien's physical presence or continuous 
                residence in the United States.''.

SEC. 112. EXPANSION OF CANCELLATION OF REMOVAL.

    (a) In General.--Section 240A of the Immigration and Nationality 
Act (8 U.S.C. 1229b) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking ``10'' 
                        and inserting ``7''; and
                            (ii) by amending subparagraph (D) to read 
                        as follows:
                    ``(D) establishes that removal would result in 
                extreme hardship to--
                            ``(i) the alien; or
                            ``(ii) the alien's spouse, parent, or child 
                        who is a citizen of the United States or an 
                        alien lawfully admitted for permanent 
                        residence.''; and
                    (B) by adding at the end the following:
            ``(7) Affirmative application process.--
                    ``(A) In general.--The Secretary of Homeland 
                Security may cancel the removal of, and adjust to the 
                status of an alien lawfully admitted for permanent 
                residence, an alien described in paragraph (1) or (2), 
                who--
                            ``(i) demonstrates that the alien is the 
                        spouse, parent, son or daughter, or legal 
                        guardian of a citizen of the United States; and
                            ``(ii) submits to the Secretary of Homeland 
                        Security an application at such time, in such 
                        manner, and containing such information as the 
                        Secretary may reasonably require.
                    ``(B) Numerical limitations.--Notwithstanding any 
                other provision of law, an alien admitted to the United 
                States under this section shall not be subject to any 
                numerical limitation.''; and
            (2) by striking subsection (e).
    (b) Regulations.--The Secretary of Homeland Security shall 
promulgate regulations setting forth procedures and requirements with 
respect to the processing and adjudication of affirmative applications 
for cancellation of removal under paragraph (7) of section 240A(b) of 
the Immigration and Nationality Act (8 U.S.C. 1229b(b)), as added by 
subsection (a)(1)(B).

SEC. 113. PROHIBITION ON REMOVAL OF ALIENS WITH PENDING APPLICATIONS.

    (a) In General.--Section 235 of the Immigration and Nationality Act 
(8 U.S.C. 1225) is amended--
            (1) in the section heading, by inserting ``; prohibition on 
        removal'' after ``hearing''; and
            (2) by adding at the end the following:
    ``(e) Prohibition on Removal of Aliens With Certain Pending 
Petitions and Applications.--
            ``(1) Beneficiaries of petitions for immigrant visas.--An 
        alien who is the beneficiary (including a spouse or child of 
        the principal alien, if eligible to receive a visa under 
        section 203(d)) of a petition for classification under section 
        204 that was filed with the Secretary of Homeland Security and 
        who is prima facie eligible for approval may not be removed 
        while such petition or application is pending or a decision on 
        such petition or application is on appeal.
            ``(2) Applicants for certain nonimmigrant and special 
        immigrant classifications and cancellation of removal.--An 
        applicant for classification as a nonimmigrant described in 
        subparagraph (T), (U), or (V) of section 101(a)(15), an 
        applicant for classification as a special immigrant under 
        section 101(a)(27)(J), or an applicant for cancellation of 
        removal under section 240A may not be removed while such 
        application is pending or a decision on such application is on 
        appeal.''.
    (b) Conforming Amendment.--The table of contents at the beginning 
of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
amended by striking the item relating to section 235 and inserting the 
following:

``Sec. 235. Inspection by immigration officers; expedited removal of 
                            inadmissible arriving aliens; referral for 
                            hearing; prohibition on removal.''.

SEC. 114. MOTIONS TO REOPEN IN CASES INVOLVING FRAUD, NEGLIGENCE, 
              MISREPRESENTATION, EXTORTION, AND UNAUTHORIZED PRACTICE 
              OF LAW.

    Section 240(c)(7)(C) of the Immigration and Nationality Act (8 
U.S.C. 1229a(c)(7)(C)) is amended by adding at the end the following:
                            ``(v) Fraud, negligence, misrepresentation, 
                        or extortion by, or attempted, promised, or 
                        actual practice of law without authorization on 
                        the part of a representative.--Notwithstanding 
                        subparagraph (A) and clause (i), an alien may 
                        file a motion to reopen at any time to apply 
                        for relief due to fraud, negligence, 
                        misrepresentation, or extortion by, or 
                        attempted, promised, or actual practice of law 
                        without authorization on the part of, a 
                        representative described in subsection (a) or 
                        (b) of section 1292.1 of title 8, Code of 
                        Federal Regulations, or a person who claimed to 
                        be such a representative if the alien 
                        establishes by a preponderance of the evidence 
                        such fraud, negligence, misrepresentation, or 
                        extortion by, or attempted, promised, or actual 
                        practice of law without authorization on the 
                        part of, such a representative or person.''.

Subtitle C--Provisions Relating to Removal of Parents of United States 
                                Citizens

SEC. 121. REVIEW OF AND REPORTING ON REMOVAL OF PARENTS OF UNITED 
              STATES CITIZENS.

    (a) In General.--Before the removal from the United States of an 
alien parent or legal guardian of a child under the age of 21 years who 
is a citizen of the United States or an alien lawfully admitted for 
permanent residence, the Director of U.S. Immigration and Customs 
Enforcement (referred to in this section as the ``Director'') shall 
review and approve the removal of such alien.
    (b) Quarterly Report.--Not less frequently than quarterly, the 
Director shall submit to Congress a report on each review conducted 
under subsection (a) during the preceding quarter that describes the 
result of the review.
    (c) Nondelegation.--The Director may not delegate the 
responsibilities under this section.

SEC. 122. REPORT ON ENFORCEMENT ACTIONS AGAINST PARENTS OF UNITED 
              STATES CITIZENS AND DACA RECIPIENTS.

    With respect to alien parents of children who are citizens of the 
United States, aliens lawfully admitted for permanent residence, or 
DACA recipients--
            (1) not later than 90 days after the date of the enactment 
        of this Act, the Secretary of Homeland Security shall submit to 
        Congress a report on the number of such aliens removed from the 
        United States during the period beginning on January 20, 2017, 
        and ending on January 20, 2021; and
            (2) not less frequently than quarterly, the Secretary of 
        Homeland Security shall submit to Congress, for the preceding 
        quarter, a report on--
                    (A) the number of such aliens arrested by U.S. 
                Immigration and Customs Enforcement or U.S. Customs and 
                Border Protection;
                    (B) the number of such aliens detained by U.S. 
                Immigration and Customs Enforcement or U.S. Customs and 
                Border Protection;
                    (C) the number of such aliens for whom U.S. 
                Immigration and Customs Enforcement has obtained an 
                order of removal;
                    (D) the number of such aliens removed from the 
                United States and the countries to which such aliens 
                were removed; and
                    (E) the number of such aliens processed through 
                partnership programs with local law enforcement, 
                including--
                            (i) the Secure Communities immigration 
                        enforcement program operated by U.S. 
                        Immigration and Customs Enforcement;
                            (ii) a written agreement under section 
                        287(g) of the Immigration and Nationality Act 
                        (8 U.S.C. 1357(g)); and
                            (iii) detainers placed by U.S. Immigration 
                        and Customs Enforcement.

SEC. 123. REPORT ON UNITED STATES CITIZENS ERRONEOUSLY DETAINED OR 
              DEPORTED.

    (a) Initial Report.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
to Congress a report on the number of United States citizens detained 
or removed from the United States during the period beginning on 
January 20, 2017, and ending on January 20, 2021.
    (b) Quarterly Report.--Not less frequently than quarterly, the 
Secretary of Homeland Security shall submit to Congress a report on any 
United States citizen detained or removed from the United States during 
the preceding quarter, including a description of the actions taken by 
the Secretary in response to each such detention or removal.

SEC. 124. PROTECTIONS FOR UNITED STATES CITIZEN CHILDREN ABROAD.

    (a) Report on United States Citizen Children Accompanying Removed 
Parents.--
            (1) In general.--Not less frequently than semiannually, the 
        Secretary of State, with the cooperation of the Secretary of 
        Homeland Security, shall submit to Congress a report on known 
        citizens of the United States under the age of 18 years who 
        leave the United States to accompany an alien parent or legal 
        guardian who has been removed from the United States.
            (2) Elements.--Each report required by paragraph (1) shall 
        include, for the preceding reporting period--
                    (A) the number of such citizens of the United 
                States; and
                    (B) for each such citizen of the United States--
                            (i) his or her current age;
                            (ii) the age at which he or she departed 
                        the United States;
                            (iii) his or her country of residence;
                            (iv) an assessment whether--
                                    (I) either parent was deported or 
                                removed from the United States;
                                    (II) either parent remains in the 
                                United States; and
                                    (III) he or she was in foster care 
                                in the United States at any time; and
                            (v) an identification of any pending 
                        custody case in the United States with respect 
                        to such citizen, as applicable.
            (3) Cooperation of secretary of homeland security.--The 
        Secretary of Homeland Security shall provide to the Secretary 
        of State any data of the Department of Homeland Security that 
        the Secretary of State may require to prepare the report under 
        this subsection.
    (b) Directorate of Community Outreach.--There is established within 
the Department of State a directorate for the purpose of conducting 
outreach to citizens of the United States under the age of 18 years who 
have left the United States to accompany an alien family member who has 
been removed from the United States.

          TITLE II--COMBATING FRAUD AND PROMOTING CITIZENSHIP

SEC. 201. COMBATING IMMIGRATION SERVICES FRAUD.

    (a) Schemes To Provide Fraudulent Immigration Services.--
            (1) In general.--Chapter 47 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 1041. Schemes to provide fraudulent immigration services
    ``(a) In General.--
            ``(1) Offense.--It shall be unlawful to knowingly or 
        recklessly execute a scheme or artifice, in connection with any 
        matter that is authorized by or arises under any Federal 
        immigration law or any matter the offender claims or represents 
        is authorized by or arises under any Federal immigration law, 
        to--
                    ``(A) defraud any person; or
                    ``(B) obtain or receive money or anything else of 
                value from any person by means of false or fraudulent 
                pretenses, representations, or promises.
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined under this title, imprisoned for not more than 10 
        years, or both.
    ``(b) Misrepresentation.--
            ``(1) Offense.--It shall be unlawful for a person to 
        knowingly and falsely represent that such person is an attorney 
        or an accredited representative (as that term is defined in 
        section 1292.1 of title 8, Code of Federal Regulations (or any 
        successor regulation)) in any matter arising under any Federal 
        immigration law.
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined under this title, imprisoned for not more than 15 
        years, or both.
    ``(c) Reimbursement.--Any person convicted of an offense under this 
section shall fully reimburse the client for any services that person 
fraudulently provided.''.
            (2) Clerical amendment.--The table of sections for chapter 
        47 of title 18, United States Code, is amended by inserting 
        after the item relating to section 1040 the following:

``1041. Schemes to provide fraudulent immigration services.''.
    (b) Local Immigration Consumer Fraud Information Hotlines and 
Assistance Websites.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at 
the end the following:

      ``PART OO--IMMIGRATION CONSUMER FRAUD HOTLINES AND WEBSITES

``SEC. 3051. IMMIGRATION CONSUMER FRAUD HOTLINES AND WEBSITES.

    ``(a) Grant Authorization.--The Attorney General shall make grants 
to States, units of local government, or any combination thereof, in 
partnership with stakeholders, service providers, and nonprofit 
organizations.
    ``(b) Mandatory Grant Uses.--Grant funds awarded under this section 
shall be expended for each of the following purposes:
            ``(1) Immigration consumer fraud information websites.--To 
        provide for the establishment and operation of an immigration 
        consumer fraud information and assistance website, which shall 
        be a highly secure internet website that provides information 
        and assistance to victims of immigration consumer fraud. In 
        establishing and operating the immigration consumer fraud and 
        assistance website, the grantee shall--
                    ``(A) use grant funds for startup and operation 
                costs associated with establishing and operating the 
                website;
                    ``(B) use a name or acronym as part of its web 
                address that identifies the website with the geographic 
                locality receiving the grant under subsection (a);
                    ``(C) provide accurate information that describes 
                the services available to immigration consumer fraud 
                victims, including free or low-cost legal assistance;
                    ``(D) clearly include, in all pages of the website, 
                that the information presented is for reference 
                purposes only and does not constitute as legal advice; 
                and
                    ``(E) must provide translation of website content, 
                in languages that are consistent with the criteria 
                outlined in subsection (d)(2)(E)(i), either with a web 
                page interface, or mirrored pages.
            ``(2) Immigration consumer fraud hotlines.--To establish or 
        expand an immigration consumer fraud hotline to provide 
        information and assistance to victims of immigration consumer 
        fraud. In addition, grantees may, in operating with the 
        hotline, work in conjunction with other local programs and 
        activities that serve victims of immigration consumer fraud. In 
        establishing and operating the hotline, the entity shall--
                    ``(A) contract with a carrier for the use of a 
                toll-free telephone line;
                    ``(B) employ, train and supervise personnel to 
                answer incoming calls and provide assistance and 
                referral services to callers on a 24-hour-a-day basis;
                    ``(C) assemble and maintain a current database of 
                information relating to services for victims of 
                immigration consumer fraud to which callers throughout 
                the United States may be referred; and
                    ``(D) be prohibited from asking hotline callers 
                about their citizenship status.
    ``(c) Rule of Construction.--Nothing in this Act shall require a 
grantee receiving funds under this Act to comply with a request 
lawfully made by the Department of Homeland Security under section 236 
or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) 
to comply with a detainer for, or notify about the use of services 
provided under this Act by an individual.
    ``(d) Application.--The Attorney General may approve an application 
for a grant under this section only if such application--
            ``(1) contains such agreements, assurances, and 
        information, be in such form, and be submitted in such manner, 
        as the Attorney General shall by rule require;
            ``(2) in the case of an application for a grant to carry 
        out activities described in subsection (b)(2), includes a 
        complete description of the applicant's plan for the operation 
        of an immigration consumer fraud hotline, including 
        descriptions of--
                    ``(A) the training program for hotline personnel, 
                including technology training to ensure that all 
                persons affiliated with the hotline are able to 
                effectively operate any technological systems used by 
                the hotline;
                    ``(B) the hiring criteria for hotline personnel;
                    ``(C) the methods for the creation, maintenance, 
                and updating of a resource database;
                    ``(D) a plan for publicizing the availability of 
                the hotline;
                    ``(E) a plan for providing service to non-English 
                speaking callers that--
                            ``(i) is based on data from the bureau of 
                        the census and be consistent with the local 
                        area demographics where the immigration 
                        consumer fraud hotline will operate such plan 
                        will outline which languages are most prevalent 
                        and commonly requested for translation 
                        services; or
                            ``(ii) is based on qualitative and 
                        quantitative observation from community service 
                        providers offering immigration-related 
                        services; and
                    ``(F) a plan for facilitating access to the hotline 
                by persons with hearing impairments; and
            ``(3) in the case of an application for a grant to carry 
        out activities described in subsection (b)(1)--
                    ``(A) include a complete description of the 
                applicant's plan for the development, operation, 
                maintenance, and updating of information and resources 
                of the immigration consumer fraud information and 
                assistance website;
                    ``(B) include a certification that the applicant 
                will implement a high level security system to ensure 
                the confidentiality of the website, taking into 
                consideration the safety of immigration consumer fraud 
                victims;
                    ``(C) include an assurance that, after the third 
                year of the website project, the recipient of the grant 
                will develop a plan to secure other public or private 
                funding resources to ensure the continued operation and 
                maintenance of the website; and
                    ``(D) demonstrate that the applicant has recognized 
                expertise in the area of immigration consumer fraud and 
                a record of high quality service to victims of 
                immigration consumer fraud, including a demonstration 
                of support from advocacy groups.
    ``(e) Renewal of Grants.--A grant made under this section may be 
renewed, without limitations on the duration of such renewal, to 
provide additional funds, if the Attorney General determines that the 
funds made available to the recipient were used in a manner required 
under an approved application and if the recipient can demonstrate 
significant progress in achieving the objectives of the initial 
application.
    ``(f) No Cost Extensions.--Notwithstanding subsection (e), the 
Attorney General may extend a grant period, without limitations as to 
the duration of such extension, to provide additional time to complete 
the objectives of the initial grant award.
    ``(g) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section $15,000,000 for fiscal year 2022 and 
        each succeeding fiscal year.
            ``(2) Websites.--Of the amounts appropriated to carry out 
        this section, not less than 20 percent shall be used for 
        purposes of carrying out activities under subsection (b)(1).
            ``(3) Availability.--Funds authorized to be appropriated 
        under this section may remain available until expended.
    ``(h) Prohibition of Data Sharing for Immigration Enforcement 
Purposes.--
            ``(1) In general.--Notwithstanding section 642 of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1373), an entity receiving a grant under this 
        section may not disclose or use personally identifiable 
        information provided by individuals using a website or a 
        hotline, a website or hotline under subsection (b), for the 
        purposes of enforcing the immigration laws.
            ``(2) Referrals prohibited.--An entity receiving a grant 
        under this section may not refer any individual participating 
        in any program funded under this section to U.S. Immigration 
        and Customs Enforcement or to U.S. Customs and Border 
        Protection.
            ``(3) Personally identifiable information defined.--For 
        purposes of this section, the term `personally identifiable 
        information' means any information about an individual 
        elicited, collected, stored, or maintained by an entity 
        receiving a grant under this section, including--
                    ``(A) any information that can be used to 
                distinguish or trace the identity of an individual, 
                such as a name, residential address, a social security 
                number, a date and place of birth, or a parent's maiden 
                name; and
                    ``(B) any other information that is linked or 
                linkable to an individual, such as medical, 
                educational, financial, and employment information.

``SEC. 3052. REPORT.

    ``A State or unit of local government that receives funds under 
this part during a fiscal year shall submit to the Attorney General a 
description and an evaluation report on a date specified by the 
Attorney General regarding the effectiveness of the programs carried 
out with a grant under this part.''.
    (c) Grants to States and Local Jurisdictions To Promote Outreach 
Campaigns Against Immigration Consumer Fraud.--Title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.), 
as amended by subsection (b), is amended by inserting after part OO the 
following:

``PART PP--GRANTS TO STATES AND LOCAL JURISDICTIONS TO PROMOTE OUTREACH 
              CAMPAIGNS AGAINST IMMIGRATION CONSUMER FRAUD

``SEC. 3061. GRANTS TO STATES AND LOCAL JURISDICTIONS TO PROMOTE 
              OUTREACH CAMPAIGNS AGAINST IMMIGRATION CONSUMER FRAUD.

    ``(a) Grant Authorization.--
            ``(1) In general.--The Attorney General shall make grants 
        to States, units of local government, or any combination 
        thereof, in partnership with stakeholders, service providers, 
        and nonprofit organizations.
            ``(2) Purpose.--The purpose of grants distributed under 
        this subsection is to enable States and localities to work with 
        parties in paragraph (1) to carry out outreach campaigns in any 
        of the following:
                    ``(A) Access to legal resources, including free or 
                low-cost legal resources for persons of low-income.
                    ``(B) Workshops educating the general public on 
                immigration consumer fraud, including methods to 
                identify such fraud and best practices on prevention.
                    ``(C) Hiring of casework staff, attorneys, 
                translators, accredited representatives and other 
                similar staff to provide support for outreach 
                objectives.
                    ``(D) Printed materials or digital media designed 
                with the intent to educate the public on where to 
                obtain trusted legal resources, and how to prevent 
                becoming a victim of immigration consumer fraud.
                    ``(E) Public service announcements in television or 
                radio, providing information on resources and 
                assistance on preventing immigration consumer fraud.
                    ``(F) Translation services, including translated 
                equivalents of subparagraphs (A), (B), (C) or (D), 
                consistent with the grantee's immediate translation 
                needs based on--
                            ``(i) data from the Bureau of the Census 
                        and be consistent with the local area 
                        demographics where the outreach campaign will 
                        operate, along with a description of the 
                        languages are most prevalent or commonly 
                        requested for translation services; or
                            ``(ii) quantitative or qualitative 
                        observation from community service providers 
                        offering immigration-related services.
    ``(b) Contents.--In accordance with such requirements as the 
Attorney General may by rule establish, each application for a grant 
under this section shall--
            ``(1) include a long-term strategy and detailed 
        implementation plan that reflects consultation with community 
        groups and appropriate stakeholders;
            ``(2) explain the applicant's inability to address the need 
        without Federal assistance;
            ``(3) identify related governmental and community 
        initiatives which compliment or will be coordinated with the 
        proposal; and
            ``(4) identify local service providers and nonprofit 
        organizations that have substantial or significant experience 
        dealing with immigration-related matters.
    ``(c) Renewal of Grants.--A grant made under this section may be 
renewed, without limitations on the duration of such renewal, to 
provide additional funds, if the Attorney General determines that the 
funds made available to the recipient were used in a manner required 
under an approved application and if the recipient can demonstrate 
significant progress in achieving the objectives of the initial 
application.
    ``(d) No Cost Extensions.--Notwithstanding subsection (c), the 
Attorney General may extend a grant period, without limitations as to 
the duration of such extension, to provide additional time to complete 
the objectives of the initial grant award.
    ``(e) Suspension of Funds.--If the Attorney General determines that 
a grant recipient under this section is not in substantial compliance 
with the terms and requirements of an approved grant application, the 
Attorney General may revoke or suspend funding of that grant, in whole, 
or in part.
    ``(f) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section $10,000,000 for fiscal year 2022 and 
        each succeeding fiscal year.
            ``(2) Availability.--Funds authorized to be appropriated 
        under this section may remain available until expended.
    ``(g) Prohibition on Data Sharing for Immigration Enforcement 
Purposes.--
            ``(1) In general.--Notwithstanding section 642 of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C.1373), an entity receiving a grant under this 
        section may not disclose or use personally identifiable 
        information provided by individuals participating in outreach 
        campaigns specified in subsection (a) for the purposes of 
        enforcing the immigration laws.
            ``(2) Referrals prohibited.--An entity receiving a grant 
        under this section may not refer any individual participating 
        in any program funded under this section to U.S. Immigration 
        and Customs Enforcement or to U.S. Customs and Border 
        Protection.
            ``(3) Personally identifiable information defined.--For 
        purposes of this section, the term `personally identifiable 
        information' means any information about an individual 
        elicited, collected, stored, or maintained by an entity 
        receiving a grant under this section, including--
                    ``(A) any information that can be used to 
                distinguish or trace the identity of an individual, 
                such as a name, residential address, a social security 
                number, a date and place of birth, or a parent's maiden 
                name; and
                    ``(B) any other information that is linked or 
                linkable to an individual, such as medical, 
                educational, financial, and employment information

``SEC. 3062. REPORT.

    ``A State or unit of local government that receives funds under 
this part during a fiscal year shall submit to the Attorney General a 
description and an evaluation report on a date specified by the 
Attorney General regarding the effectiveness of the programs carried 
out with a grant under this part.''.
    (d) Grants to States and Local Jurisdictions To Increase 
Enforcement Against Immigration Consumer Fraud.--Title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.), 
as amended by subsections (b) and (c), is amended by inserting after 
part PP the following:

    ``PART QQ--GRANTS TO STATES AND LOCAL JURISDICTIONS TO INCREASE 
             ENFORCEMENT AGAINST IMMIGRATION CONSUMER FRAUD

``SEC. 3071. GRANTS TO STATES AND LOCAL JURISDICTIONS TO INCREASE 
              ENFORCEMENT AGAINST IMMIGRATION CONSUMER FRAUD.

    ``(a) Grant Authorization.--
            ``(1) In general.--The Attorney General shall make grants 
        to States, units of local government, or any combination 
        thereof.
            ``(2) Purpose.--The purpose of grants distributed under 
        this subsection is to enable States and localities to increase 
        the enforcement of--
                    ``(A) State and local laws against immigration 
                consumer fraud; and
                    ``(B) section 1041 of title 18, United States Code.
            ``(3) Permitted use of funds.--A State or unit of local 
        government that receives a grant under this section may use 
        funds from the grant for activities, including--
                    ``(A) hiring staff, such as compliance officers 
                that are charged with investigating and enforcing 
                Federal, State, and local laws against immigration 
                consumer fraud;
                    ``(B) training staff, such as the compliance 
                officers described in subparagraph (A);
                    ``(C) investigating complaints of immigration 
                consumer fraud; and
                    ``(D) taking action against violations of Federal, 
                State, and local laws relating to immigration consumer 
                fraud, which may include the prosecution of violators.
    ``(b) Contents.--In accordance with such requirements as the 
Attorney General may by rule establish, each application for a grant 
under this section shall--
            ``(1) include a detailed implementation plan that reflects 
        consultation with community groups and appropriate 
        stakeholders; and
            ``(2) explain the inability of the State or unit of local 
        government to address the need to increase enforcement of 
        immigration consumer fraud laws without Federal assistance.
    ``(c) Renewal of Grants.--A grant made under this section may be 
renewed, without limitations on the duration of such renewal, to 
provide additional funds, if the Attorney General determines that the 
funds made available to the recipient were used in a manner required 
under an approved application and if the recipient can demonstrate 
significant progress in achieving the objectives of the initial 
application.
    ``(d) No Cost Extensions.--Notwithstanding subsection (c), the 
Attorney General may extend a grant period, without limitations as to 
the duration of such extension, to provide additional time to complete 
the objectives of the initial grant award.
    ``(e) Suspension of Funds.--If the Attorney General determines that 
a grant recipient under this section is not in substantial compliance 
with the terms and requirements of an approved grant application, the 
Attorney General may revoke or suspend funding of that grant, in whole, 
or in part.
    ``(f) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section $10,000,000 for fiscal year 2022 and 
        each succeeding fiscal year.
            ``(2) Availability.--Funds authorized to be appropriated 
        under this section may remain available until expended.
    ``(g) Prohibition on Data Sharing for Immigration Enforcement 
Purposes.--
            ``(1) In general.--
                    ``(A) Disclosure prohibited.--Notwithstanding 
                section 642 of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (8 U.S.C.1373), an 
                entity receiving a grant under this section may not 
                disclose or use personally identifiable information 
                provided by an individual involved with the work funded 
                under this section for the purposes of enforcing the 
                immigration laws.
                    ``(B) Exception.--An entity receiving a grant under 
                this section may disclose or use personally 
                identifiable information provided by an individual 
                involved with the work funded under this section if--
                            ``(i) the disclosure or use required in 
                        order to prosecute a case; and
                            ``(ii) the individual explicitly permits 
                        the use or disclosure.
            ``(2) Referrals prohibited.--An entity receiving a grant 
        under this section may not refer any individual involved with 
        work funded under this section to U.S. Immigration and Customs 
        Enforcement or to U.S. Customs and Border Protection.
            ``(3) Personally identifiable information defined.--For 
        purposes of this section, the term `personally identifiable 
        information' means any information about an individual 
        elicited, collected, stored, or maintained by an entity 
        receiving a grant under this section, including--
                    ``(A) any information that can be used to 
                distinguish or trace the identity of an individual, 
                such as a name, residential address, a social security 
                number, a date and place of birth, or a parent's maiden 
                name; and
                    ``(B) any other information that is linked or 
                linkable to an individual, such as medical, 
                educational, financial, and employment information.

``SEC. 3072. REPORT.

    ``A State or unit of local government that receives funds under 
this part during a fiscal year shall submit to the Attorney General a 
description and an evaluation report on a date specified by the 
Attorney General regarding the effectiveness of the programs carried 
out with a grant under this part.''.

SEC. 202. REQUIREMENTS FOR IMMIGRATION CONSULTANTS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Commission, in consultation with the 
Director of the Executive Office for Immigration Review and the 
Secretary of Homeland Security, shall promulgate regulations, in 
accordance with section 553 of title 5, United States Code, that 
require an immigration consultant--
            (1) to disclose in all advertising or promotional material 
        and by displaying a notice at the regular place of business (if 
        any) of the consultant that the consultant is not an 
        immigration attorney, cannot provide legal advice or legal 
        services on immigration matters, and is not authorized to 
        represent aliens before an immigration court or the Board of 
        Immigration Appeals or authorized to represent others before 
        the Department of Homeland Security in connection with an 
        application for an immigration benefit or an immigration 
        proceeding;
            (2) if the consultant enters into a written contract for 
        the provision of immigration consulting services--
                    (A) to ensure that the contract states that--
                            (i) the consultant is not an immigration 
                        attorney, cannot provide legal advice or legal 
                        services on immigration matters, and is not 
                        authorized to represent aliens before an 
                        immigration court or the Board of Immigration 
                        Appeals or authorized to represent others 
                        before the Department of Homeland Security in 
                        connection with an application for an 
                        immigration benefit or an immigration 
                        proceeding; and
                            (ii) the client has the right to have the 
                        contract reviewed by an attorney;
                    (B) to provide the client with a copy of the 
                contract in English and, if requested by the client, in 
                one or more other languages;
                    (C) to inform the client of the right to request a 
                copy of the contract in languages other than English, 
                as required by subparagraph (B); and
                    (D) to ensure that the contract provides the client 
                with the right to rescind the contract at any time 
                during the 72-hour period after entering into the 
                contract;
            (3) not to collect fees for immigration consulting services 
        before having rendered the services for which the fees are 
        charged;
            (4) to return to the client any original document obtained 
        from the client (unless the original document must be provided 
        to a Federal or State agency or another person and has been so 
        provided) and to furnish to the client for no additional charge 
        a copy of any document prepared or obtained by the consultant 
        for the client or otherwise used in connection with immigration 
        consulting services for the client (other than notes or other 
        documents prepared by the consultant for internal use in order 
        to provide such services); and
            (5) to retain for not less than 3 years after ceasing to 
        provide immigration consulting services for a client a copy of 
        any document required by paragraph (4) to be returned or 
        furnished to the client.
    (b) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Immigration consultant.--The term ``immigration 
        consultant'' means a person engaged in the provision of 
        immigration consulting services, except that such term does not 
        include a person who is--
                    (A) authorized to represent aliens before an 
                immigration court or the Board of Immigration Appeals; 
                or
                    (B) authorized to represent others in connection 
                with an application or proceeding described in 
                paragraph (3)(A) before the Department of Homeland 
                Security in accordance with regulations promulgated by 
                the Secretary of Homeland Security.
            (3) Immigration consulting services.--
                    (A) In general.--The term ``immigration consulting 
                services'' means assistance, advice, or services 
                provided to an individual in connection with--
                            (i) application (or consideration of 
                        application) by such individual for an 
                        immigration benefit; or
                            (ii) an immigration proceeding involving 
                        such individual before or with the Department 
                        of Homeland Security or the Executive Office 
                        for Immigration Review.
                    (B) Inclusions.--Such term includes the following:
                            (i) Assistance with procuring supporting 
                        documentation requested by such an agency, such 
                        as a birth certificate or marriage license.
                            (ii) Referring a client to an attorney for 
                        legal representation.
                            (iii) Assistance with complying with 
                        requirements relating to biometric services.
                    (C) Exclusions.--Such term does not include the 
                following:
                            (i) Completing a form of a Federal or State 
                        agency or submitting such form to such agency.
                            (ii) Translating the responses of a client 
                        to the information requested on such a form or 
                        in other communications with such an agency.
            (4) State.--The term ``State'' means each of the several 
        States, the District of Columbia, each commonwealth, territory, 
        or possession of the United States, and each federally 
        recognized Indian tribe.
    (c) Applicability and Enforcement of Regulations.--
            (1) General application.--The requirements of the 
        regulations promulgated under subsection (a) apply, according 
        to their terms, to those persons, partnerships, and 
        corporations over which the Commission has authority pursuant 
        to section 5(a)(2) of the Federal Trade Commission Act (15 
        U.S.C. 45(a)(2)).
            (2) Enforcement by federal trade commission.--
                    (A) Unfair or deceptive acts or practices.--A 
                violation of a regulation promulgated under subsection 
                (a) shall be treated as a violation of a regulation 
                under section 18(a)(1)(B) of the Federal Trade 
                Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding 
                unfair or deceptive acts or practices.
                    (B) Powers of commission.--The Commission shall 
                enforce the regulations promulgated under subsection 
                (a) in the same manner, by the same means, and with the 
                same jurisdiction, powers, and duties provided in the 
                Federal Trade Commission Act (15 U.S.C. 41 et seq.), 
                and any person who violates such a regulation shall be 
                subject to the penalties and entitled to the privileges 
                and immunities provided in such Act.
            (3) Actions by states.--
                    (A) In general.--In any case in which the attorney 
                general of a State, or an official or agency of a 
                State, has reason to believe that an interest of the 
                residents of such State has been or is threatened or 
                adversely affected by an act or practice in violation 
                of a regulation promulgated under subsection (a), the 
                State, as parens patriae, may bring a civil action on 
                behalf of the residents of the State in an appropriate 
                State court or an appropriate district court of the 
                United States--
                            (i) to enjoin such act or practice;
                            (ii) to enforce compliance with such 
                        regulation;
                            (iii) to obtain on behalf of residents of 
                        the State--
                                    (I) damages for actual monetary 
                                loss from the violation, or up to 
                                $10,000 in damages for each such 
                                violation, whichever is greater;
                                    (II) restitution; or
                                    (III) other compensation; or
                            (iv) to obtain such other legal and 
                        equitable relief as the court may consider to 
                        be appropriate.
                    (B) Notice.--Before filing an action under this 
                subsection, the attorney general, official, or agency 
                of the State involved shall provide to the Commission a 
                written notice of such action and a copy of the 
                complaint for such action. If the attorney general, 
                official, or agency determines that it is not feasible 
                to provide the notice described in this paragraph 
                before the filing of the action, the attorney general, 
                official, or agency shall provide written notice of the 
                action and a copy of the complaint to the Commission 
                immediately upon the filing of the action.
                    (C) Authority of federal trade commission.--
                            (i) In general.--On receiving notice under 
                        subparagraph (B) of an action under this 
                        subsection, the Commission shall have the 
                        right--
                                    (I) to intervene in the action;
                                    (II) upon so intervening, to be 
                                heard on all matters arising therein; 
                                and
                                    (III) to file petitions for appeal.
                            (ii) Limitation on state action while 
                        federal action is pending.--If the Commission 
                        or the Attorney General of the United States 
                        has instituted a civil action for violation of 
                        a regulation promulgated under subsection (a) 
                        (referred to in this subparagraph as the 
                        ``Federal action''), no State attorney general, 
                        official, or agency may bring an action under 
                        this subsection during the pendency of the 
                        Federal action against any defendant named in 
                        the complaint in the Federal action for any 
                        violation of such regulation alleged in such 
                        complaint.
                    (D) Rule of construction.--For purposes of bringing 
                a civil action under this paragraph, nothing in this 
                Act shall be construed to prevent an attorney general, 
                official, or agency of a State from exercising the 
                powers conferred on the attorney general, official, or 
                agency by the laws of such State to conduct 
                investigations, administer oaths and affirmations, or 
                compel the attendance of witnesses or the production of 
                documentary and other evidence.
            (4) Private right of action.--
                    (A) In general.--A person injured by an act or 
                practice in violation of a regulation promulgated under 
                subsection (a) may bring in an appropriate State court 
                or an appropriate district court of the United States--
                            (i) an action to enjoin the violation;
                            (ii) an action to recover damages for 
                        actual monetary loss from the violation, or to 
                        receive up to $10,000 in damages for each such 
                        violation, whichever is greater; or
                            (iii) both such actions.
                    (B) Willful or knowing violations.--If the court 
                finds that the defendant acted willfully or knowingly 
                in committing a violation described in subparagraph 
                (A), the court may, in its discretion, increase the 
                amount of the award to an amount equal to not more than 
                3 times the amount available under subparagraph 
                (A)(ii).
                    (C) Costs and attorney's fees.--The court shall 
                award to a prevailing plaintiff in an action under this 
                subsection the costs of such action and reasonable 
                attorney's fees, as determined by the court.
                    (D) Nonexclusive remedy.--The remedy provided by 
                this subsection shall be in addition to any other 
                remedies available to the person.

SEC. 203. FEE AND BACKLOG TRANSPARENCY.

    Section 286(m) of the Immigration and Nationality Act (8 U.S.C. 
1356(m)) is amended to read as follows:
    ``(m) Immigration Service Fees.--
            ``(1) In general.--Except as provided in paragraph (2), all 
        fees designated by the Secretary of Homeland Security in 
        regulations as `immigration adjudication fees' shall be 
        deposited as offsetting receipts into the `Immigration 
        Examinations Fee Account' in the Treasury of the United States, 
        whether such fees are collected directly by the Secretary or 
        through clerks of courts.
            ``(2) Virgin islands and guam.--
                    ``(A) Guam.--All fees described in paragraph (1) 
                that are received by the Secretary of Homeland Security 
                from applicants residing in Guam shall be remitted to 
                the Department of Revenue and Taxation of Guam.
                    ``(B) Virgin islands.--All fees described in 
                paragraph (1) that are received by the Secretary of 
                Homeland Security from applicants residing in the 
                United States Virgin Islands shall be remitted to the 
                Treasury Division of the United States Virgin Islands.
            ``(3) Report requirement before fee increase.--The 
        Secretary of Homeland Security may not increase any immigration 
        service fee above the level of such fee as of January 1, 2019, 
        before the date that is 60 days after the date on which the 
        Secretary submits to the Committee on the Judiciary of the 
        Senate and the Committee on the Judiciary of the House of 
        Representatives a report that--
                    ``(A) identifies the direct and indirect costs 
                associated with providing adjudication and 
                naturalization services;
                    ``(B) distinguishes the costs referred to in 
                subparagraph (A) from immigration enforcement and 
                national security costs;
                    ``(C) identifies the costs allocated for premium 
                processing services to business customers, as 
                prescribed under subsection (u);
                    ``(D) describes the extent to which the fee 
                prescribed in subsection (u) is set at a level that 
                ensures full recovery of the costs referred to in 
                subparagraph (C);
                    ``(E) identifies the amount of funding that is 
                being allocated for the infrastructure improvements in 
                the adjudication and customer-service processes 
                prescribed under subsection (u); and
                    ``(F) contains information regarding the amount by 
                which such fee will be increased.
            ``(4) Adjudications delay and backlog report.--Not less 
        frequently than quarterly, the Secretary of Homeland Security 
        shall submit to the Committee on the Judiciary of the Senate 
        and the Committee on the Judiciary of the House of 
        Representatives a report that identifies each instance in 
        which--
                    ``(A) the processing time of more than 10 percent 
                of adjudications in any single category of immigration 
                benefits surpasses the agency's stated processing goal 
                as of January 1, 2019;
                    ``(B) the processing time of more than 5 percent of 
                applications for legal permanent residence surpasses 
                150 days; and
                    ``(C) the processing time of more than 5 percent of 
                applications for naturalization surpasses 150 days.''.

SEC. 204. NATIONAL OFFICE FOR NEW AMERICANS.

    (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of 
        the National Office of New Americans.
            (2) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``agency'' in section 551 of title 5, 
        United States Code.
            (3) Office.--The term ``Office'' means the National Office 
        for New Americans established under subsection (b).
    (b) Establishment.--There is established within the Executive 
Office of the President an office, to be known as the ``National Office 
of New Americans'', to carry out the purposes described in subsection 
(c).
    (c) Purposes.--The purposes of the Office are--
            (1) to welcome and support immigrants and refugees in the 
        United States;
            (2) to promote and support immigrant and refugee 
        integration into, and inclusion in, the social, economic, and 
        civic life of the United States;
            (3) to ensure that the Federal Government and Federal 
        agencies promote the pursuit of United States citizenship among 
        immigrants and refugees;
            (4) to ensure access to quality English language learning 
        programs that support the successful integration of immigrant 
        adults, including by enhancing--
                    (A) employment and career prospects and economic 
                integration; and
                    (B) social integration in local communities and 
                participation in civic life, including engagement with 
                State and local governments, schools, and private and 
                nonprofit community institutions;
            (5) to provide equal access to workforce development 
        programs, including by ensuring that such programs meet the 
        demand and unique language, training, and educational needs of 
        immigrants and refugees;
            (6) to coordinate the efforts of Federal, State, and local 
        entities to support the effective social, economic, linguistic, 
        and civic integration of immigrants, refugees, and their 
        children;
            (7) to provide advice and leadership to the President, 
        Members of Congress, and other Federal Government officials on 
        the challenges and opportunities facing such entities with 
        respect to immigrant and refugee integration;
            (8) to evaluate the scale, quality, and effectiveness of 
        Federal Government efforts with respect to immigrant and 
        refugee social and economic integration, including access to 
        United States citizenship, English language learning, 
        education, and workforce development programs;
            (9) to identify the anticipated effects of new Federal 
        policies on existing integration efforts and advise the 
        President on how to address potential integration needs and the 
        effects of such policies;
            (10) with respect to immigrant and refugee integration 
        efforts, to consult on a biannual basis with State and local 
        government officials on challenges and opportunities presented 
        by such efforts;
            (11) with respect to the activities described in paragraphs 
        (8) through (10), to ensure the inclusion of the perspectives 
        of immigrants and refugees; and
            (12) to submit to the President and the appropriate 
        committees of Congress a biannual report that describes the 
        activities of the Office and the results of the consultation 
        process described in paragraphs (8) through (11).
    (d) Director.--
            (1) In general.--The Office shall be headed by a Director 
        of the National Office of New Americans, who shall be appointed 
        by the President, by and with the advice and consent of the 
        Senate.
            (2) Responsibilities.--The Director shall--
                    (A) establish policies, objectives, and priorities 
                for the Office with respect to immigrant and refugee 
                integration;
                    (B) with the assistance of the Deputy Director for 
                Citizenship and Inclusion, the Deputy Director for 
                Workforce and Economy, the Deputy Director for 
                Children's Integration Success, and the Associate 
                Director of State and Local Affairs, carry out the 
                purposes of the Office, as described in subsection (c);
                    (C) make recommendations to the President on 
                changes in the organization, management, programs, and 
                budget of each Federal agency to promote the 
                integration of immigrants and refugees;
                    (D) with respect to efforts to promote United 
                States citizenship and the integration of immigrants 
                and refugees, consult, support, and coordinate with 
                State and local government efforts; and
                    (E) serve as a member of the Domestic Policy 
                Council and the National Economic Council.
            (3) Powers of the director.--In carrying out the 
        responsibilities under paragraph (2) and the purposes described 
        in subsection (c), the Director may--
                    (A) select, appoint, employ, and fix compensation 
                of such officers and employees as may be necessary to 
                carry out such responsibilities and purposes;
                    (B) with the concurrence of the head of the 
                applicable Federal agency, direct the temporary 
                reassignment within the Federal Government of personnel 
                employed by such Federal agency;
                    (C) use for administrative purposes, on a 
                reimbursable basis, the available service, equipment, 
                personnel, and facilities of Federal, State, and local 
                agencies;
                    (D) procure the services of experts and consultants 
                in accordance with section 3109 of title 5, United 
                States Code (relating to appointments in the Federal 
                service) at rates of compensation for individuals not 
                to exceed the daily equivalent of the rate of pay 
                payable for level GS-18 of the General Schedule under 
                section 5332 of title 5, United States Code;
                    (E) accept and use donations of property from 
                Federal, State, and local government agencies;
                    (F) use the mail in the same manner as other 
                Federal agencies; and
                    (G) monitor the implementation of immigrant and 
                refugee integration-related activities of the Federal 
                Government, including by--
                            (i) conducting program and performance 
                        audits and evaluations of each Federal agency; 
                        and
                            (ii) requesting assistance from the 
                        Inspector General of the applicable Federal 
                        agencies in such audits and evaluations.
    (e) Deputy Directors.--
            (1) In general.--There shall be in the Office a Deputy 
        Director for Citizenship and Inclusion, a Deputy Director for 
        Workforce and Economy, and a Deputy Director for Children's 
        Integration and Success, each of whom shall be appointed by the 
        President, in consultation with the Director.
            (2) Responsibilities.--
                    (A) Deputy director for citizenship and 
                inclusion.--The Deputy Director for Citizenship and 
                Inclusion shall, among other duties as assigned by the 
                Director, assist the Director in promoting--
                            (i) the inclusion of immigrants and 
                        refugees in the social, economic, and civic 
                        life of their communities and the United 
                        States; and
                            (ii) access to United States citizenship.
                    (B) Deputy director for workforce and economy.--The 
                Deputy Director for Workforce and Economy shall, among 
                other duties as assigned by the Director, assist the 
                Director in--
                            (i) promoting the participation of 
                        immigrants and refugees in the United States 
                        workforce; and
                            (ii) increasing the contributions of 
                        immigrants and refugees to the United States 
                        economy.
                    (C) Deputy director for children's integration 
                success.--The Deputy Director for Children's 
                Integration Success shall, among other duties as 
                assigned by the Director, assist the Director in 
                ensuring that Federal policies and programs intended to 
                support the healthy development and educational success 
                of children are effective in reaching and serving the 
                children of immigrant families.
    (f) Bureau of State and Local Affairs.--
            (1) In general.--There is established within the Office a 
        Bureau of State and Local Affairs.
            (2) Associate director.--
                    (A) In general.--The Bureau of State and Local 
                Affairs shall be headed by an Associate Director of 
                State and Local Affairs, who shall be appointed by the 
                President, in consultation with the Director.
                    (B) Duties.--The Associate Director of State and 
                Local Affairs shall, among other duties as assigned by 
                the Director, assist the Director in coordinating the 
                efforts of State and local entities to support the 
                economic, linguistic, and civic integration of 
                immigrants, refugees, and their children.
    (g) Access by Congress.--The establishment of the Office within the 
Executive Office of the President shall not affect access by any Member 
of Congress or any member of a committee of the Senate or the House of 
Representatives to--
            (1) the Office;
            (2) any information, document, or study in the possession 
        of, or conducted by or at the direction of, the Director; or
            (3) personnel of the Office.
    (h) Limitation.--An individual may not serve as Director, Deputy 
Director for Citizenship and Inclusion, Deputy Director for Workforce 
and the Economy, Deputy Director for Children's Integration Success, or 
Associate Director of State and Local Affairs while serving in any 
other position in the Federal Government.

                  TITLE III--BUILDING COMMUNITY TRUST

SEC. 301. PROTECTING ALIENS WHO ARE VICTIMS OF OR WITNESSES TO CRIMES 
              OR ARE DEFENDING CIVIL RIGHTS.

    (a) In General.--The Director of U.S. Immigration and Customs 
Enforcement shall ensure, except as provided in subsection (b), that 
removal proceedings are not initiated against any alien who is known to 
be--
            (1) a victim of domestic violence, human trafficking, or 
        any other serious crime;
            (2) a witness involved in a pending criminal investigation 
        or prosecution;
            (3) a plaintiff in a nonfrivolous lawsuit regarding 
        violations of his or her civil rights, including with respect 
        to union organizing and employment discrimination, as described 
        in the memorandum of the U.S. Immigration and Customs 
        Enforcement entitled ``Prosecutorial Discretion: Certain 
        Victims, Witnesses, and Plaintiffs'' issued on June 17, 2011; 
        or
            (4) actively engaged in an activity related to the 
        preservation of his or her employment, housing, or other 
        legally protected rights.
    (b) Exceptions.--
            (1) In general.--Notwithstanding subsection (a), an alien 
        described in such subsection may be subject to removal 
        proceedings if the Secretary of Homeland Security determines, 
        on a case-by-case basis, that there is sufficient evidence to 
        conclude that the alien--
                    (A) has committed a serious crime;
                    (B) poses a threat to public safety;
                    (C) has engaged in serious violations of human 
                rights;
                    (D) has engaged in significant immigration fraud; 
                or
                    (E) has filed a claim in bad faith with intent to 
                delay or avoid the removal of an alien.
            (2) Savings provision.--Nothing in this subsection may be 
        construed to deny any alien who has been a victim of domestic 
        violence, human trafficking, or certain other crimes from 
        receiving the immigration benefits to which he or she is 
        entitled under the Violence Against Women Act of 1994 (title IV 
        of Public Law 103-322), the Trafficking Victims Protection Act 
        of 2000 (22 U.S.C. 7101 et seq.), or any other applicable law.
    (c) Effect of Violation.--With respect to a removal proceeding 
commenced as a result of an enforcement action carried out in violation 
of subsection (a)--
            (1) information resulting from such enforcement action may 
        not be entered into the record of proceeding or received into 
        evidence;
            (2) the alien who is the subject of the removal proceeding 
        may file a motion for the immediate termination of the removal 
        proceeding; and
            (3) in considering whether to administratively close the 
        removal proceeding, the immigration judge shall give 
        appropriate weight to the circumstances of such enforcement 
        action.

SEC. 302. SEMIANNUAL REPORT ON CERTAIN ENFORCEMENT ACTIONS.

    The Secretary of Homeland Security shall submit a semiannual report 
to the Committee on the Judiciary of the Senate, the Committee on 
Appropriations of the Senate, the Committee on the Judiciary of the 
House of Representatives, and the Committee on Appropriations of the 
House of Representatives that identifies, for the most recent 180-day 
period for which such data is available, the number of arrests, 
detentions, and removals of aliens described in section 302(a).

SEC. 303. RULE OF CONSTRUCTION.

    Nothing in this Act or the amendments made by this Act shall be 
construed to modify--
            (1) the applicability of any ground of inadmissibility or 
        deportability relating to criminal convictions; or
            (2) the eligibility criteria relating to criminal 
        convictions for any application or form of relief under the 
        immigration laws.
                                 <all>