Removal Clarification Act of 2010

Bill: 111-hr-5281
Sponsor: Rep. Johnson, Henry C. "Hank," Jr. [D-GA-4]
Introduced: 2010-05-12 in the House
Policy area: Law
Subjects: Administrative law and regulatory procedures
Administrative remedies
Border security and unlawful immigration
Citizenship and naturalization
Civil actions and liability
Congressional oversight
Criminal investigation, prosecution, interrogation
Criminal procedure and sentencing
Department of Homeland Security
Elementary and secondary education
Evidence and witnesses
Federal district courts
Foreign labor
Fraud offenses and financial crimes
Government lending and loan guarantees
Government liability
Higher education
Immigration status and procedures
Judicial procedure and administration
Jurisdiction and venue
Military personnel and dependents
Poverty and welfare assistance
State and local courts
Student aid and college costs
User charges and fees

Summary:
action_date: 2010-05-12
text: 
Removal Clarification Act of 2010 - Amends the federal judicial code with respect to removal to an appropriate U.S. district court from a state court of: (1) any civil action against the United States or a federal agency or officer, or specified others; or (2) a criminal prosecution commenced in a state court against any of them.
 
Declares that civil actions and criminal prosecutions include any proceeding in which a judicial order, including a subpoena for testimony or documents, is sought or issued.

action_date: 2010-07-27
text: 
Removal Clarification Act of 2010 - Amends the federal judicial code with respect to removal to an appropriate U.S. district court from a state court of: (1) any civil action against the United States or a federal agency or officer, or specified others; or (2) a criminal prosecution commenced in a state court against any of them.
 
Declares that civil actions and criminal prosecutions include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued.
 
Declares that the 30-day notice of removal requirement shall be satisfied in any such civil or criminal proceeding if the person or entity desiring to remove the proceeding files notice of removal not later than 30 days after receiving, through service, notice of the proceeding. 
 
Provides that the budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled &quot;Budgetary Effects of PAYGO Legislation&quot; for this Act, provided that such statement has been submitted prior to the vote on passage.
 

action_date: 2010-12-03
text: 
Removal Clarification Act of 2010 - Revises the federal judicial code to provide that a civil action or criminal prosecution that is commenced in a state court and that is against or directed to the United States or a federal agency or officer, or specified others, may be removed to an appropriate U.S. district court. 
 
Declares that civil actions and criminal prosecutions include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued. Limits removal of such a proceeding, if there is no other basis for removal, to only that specific proceeding, with the remainder of the civil action or criminal proceeding to remain in state court.
 
Declares that the 30-day notice of removal requirement shall be satisfied in any such civil or criminal proceeding in which such a judicial order is sought, or issued, or sought to be enforced, if the person or entity desiring to remove the proceeding files notice of removal not later than 30 days after receiving, through service, notice of the proceeding. 
 
Provides that the budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled &quot;Budgetary Effects of PAYGO Legislation&quot; for this Act, provided that such statement has been submitted prior to the vote on passage.

action_date: 2010-12-08
text: 
Removal Clarification Act of 2010 - Revises the federal judicial code to provide that a civil action or criminal prosecution that is commenced in a state court and that is against or directed to the United States or a federal agency or officer, or specified others, may be removed to an appropriate U.S. district court. 
 
Declares that civil actions and criminal prosecutions include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued. Limits removal of such a proceeding, if there is no other basis for removal, to only that specific proceeding, with the remainder of the civil action or criminal proceeding to remain in state court.
 
Declares that the 30-day notice of removal requirement shall be satisfied in any such civil or criminal proceeding in which such a judicial order is sought, or issued, or sought to be enforced, if the person or entity desiring to remove the proceeding files notice of removal not later than 30 days after receiving, through service, notice of the proceeding. 
 
Provides that the budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled &quot;Budgetary Effects of PAYGO Legislation&quot; for this Act, provided that such statement has been submitted prior to the vote on passage.
 
Development, Relief, and Education for Alien Minors Act of 2010 or DREAM Act of 2010 - (Sec. 6) Authorizes the Secretary of Homeland Security (DHS) to cancel the removal of, and adjust to conditional nonimmigrant status, an alien who: (1) entered the United States before his or her 16th birthday and has been present in the United States for at least five years immediately preceding enactment of this Act; (2) has been a person of good moral character since entering the United States; (3) is not inadmissible for reasons of health, criminality, security, public charge, smuggling, student visa abuse, citizenship ineligibility, polygamy, international child abduction, or unlawful voting; (4) is not deportable for reasons of smuggling, marriage fraud, criminality, security, public charge, or unlawful voting; (5) has not participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; (6) has not been convicted of certain offenses under federal or state law; (7) has been admitted to an institution of higher education (IHE) or has earned a high school diploma or general education development certificate in the United States; (8) has never been under a final order of exclusion, deportation, or removal unless the alien has remained in the United States under color of law after such order's issuance, or received the order before attaining the age of 16; and (9) was under age 30 on the date of enactment of this Act.
 
Authorizes the Secretary to waive specified grounds of inadmissibility or deportability for humanitarian, family unity, or public interest purposes.
 
Provides for a $525 application surcharge (in addition to other applicable application fees). 
 
Requires an alien to apply for cancellation of removal and conditional nonimmigrant status within one year after the later of: (1) earning a high school diploma or general education development certificate in the United States; or (2) the effective date of related interim regulations required under this Act. 
 
Requires, prior to cancellation of removal or granting of conditional nonimmigrant status: (1) an alien to submit biometric and biographic data (with an alternative procedure for reasons of physical impairment); and (2) completion of security and law enforcement background checks.
 
Requires an alien applying for relief to: (1) register under the Military Selective Service Act if so required; and (2) undergo a medical examination. 
 Treats, with an exception for exceptional circumstances, a departure from the United States for more than 90 days or for any periods in the aggregate exceeding 180 days as a failure to maintain continuous U.S. presence. 
Directs the Secretary to issue initial, interim, and final regulations.
 
Prohibits the Secretary from removing an alien with a pending application who establishes prima facie eligibility for cancellation of removal and conditional nonimmigrant status. 
 
(Sec. 7) Establishes an initial five-year period of conditional nonimmigrant status which shall provide for employment and specified travel authorization. 
 
Terminates such status if the alien: (1) becomes a public charge; (2) receives a dishonorable or other than honorable military discharge; or (3) ceases to be a person of good moral character, becomes inadmissible or deportable under the terms of this Act, has participated in racial, religious, social, or political persecution, or has been convicted of certain federal or state offenses. (Returns an alien to his or her previous immigration status upon such termination.)
 
Extends such conditional status for an additional five-year period if the alien: (1) has demonstrated good moral character during the entire period of conditional status; (2) is not inadmissible or deportable under the terms of this Act, has not participated in racial, religious, social, or political persecution, and has not been convicted of certain federal or state offenses; (3) has not abandoned U.S. residency; (4) has earned an IHE degree (or has completed at least two years in a bachelor's or higher degree program) in the United States, or has served in the Armed Forces for at least two years (or if discharged, was honorably discharged); and (5) has provided a list of each elementary school attended in the United States.
 
Authorizes, and sets forth the criteria for, a hardship exception to such extension requirements.
 
Provides for a $2,000 extension application surcharge (in addition to other applicable application fees). 
 
(Sec. 8) Authorizes a conditional nonimmigrant to file an application to adjust his or her status to that of an alien lawfully admitted for permanent residence. Requires such application to be filed during the period beginning 1 year before and ending on either the date that is 10 years after the date of the granting of initial conditional nonimmigrant status or any other expiration date as extended by the Secretary. 
 
Requires such application to show that the alien: (1) has demonstrated good moral character during the entire period of conditional nonimmigrant status; (2) is not inadmissible or deportable under the terms of this Act, has not participated in racial, religious, social, or political persecution, and has not been convicted of certain federal or state offenses; (3) has not abandoned U.S. residency; and (4) if granted a hardship exception with respect to extension of conditional status, has subsequently complied with the appropriate requirements.
 
Requires an alien, prior to adjusting from conditional to permanent resident status, to: (1) satisfy citizenship (with an exception for physical or mental impairment) and federal tax requirements; (2) submit biometric and biographic data (with an exception for physical impairment); and (3) have had security and law enforcement background checks completed.
 
Authorizes an alien who adjusts to permanent resident status (and meets other specified requirements) to apply after three years in such status for naturalization.
 
(Sec. 9) Authorizes: (1) the Secretary to cancel removal and grant conditional nonimmigrant status to an alien who has satisfied the conditional status requirements prior to enactment of this Act; and (2) an alien who has met the appropriate requirements during the entire period of conditional nonimmigrant status to apply for permanent resident status.
 
(Sec. 10) Sets forth areas of jurisdiction under this Act for the Secretary and the Attorney General.
 
Directs the Attorney General to: (1) stay the removal of certain aliens who are at least 12 years old and who are full-time elementary or secondary students; and (2) lift such stay if an alien is no longer enrolled in a primary or secondary school or ceases to meet the appropriate requirements. 
 
(Sec. 11) Provides fine and/or imprisonment penalties for false application statements.
 
(Sec. 12) Sets forth: (1) the prohibited uses of information furnished pursuant to an application under this Act; (2) the required disclosure of certain coroner, law enforcement, or security information furnished under this Act or derived from such information; and (3) related penalties for violations of such provisions.
 
(Sec. 13) Makes an alien who is granted conditional nonimmigrant status or lawful permanent resident status under this Act eligible only for the following assistance under title IV of the Higher Education Assistance Act of 1965: (1) student loans; (2) federal work-study programs; and (3) student services.
 
(Sec. 14) Considers an individual granted conditional nonimmigrant status under this Act lawfully present for all purposes, except: (1) premium tax credits under the Internal Revenue Code; and (2) health plan reduced cost sharing under the Patient Protection and Affordable Care Act.
 
Considers an individual who has met the requirements under this Act for adjustment from conditional nonimmigrant status to lawful permanent resident status to have completed the five-year period required for certain public assistance eligibility pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. 
 
 
(Sec. 15) Includes conditional nonimmigrants among those persons who may be enlisted in the Armed Forces.
 
(Sec. 16) Directs the Government Accountability Office (GAO) to report to Congress respecting the number of aliens adjusted under this Act.


Legislative actions:
action_date: 2010-12-18
text: Cloture on the motion to agree to House amendment to Senate amendment numbered 3 not invoked in Senate by Yea-Nay Vote. 55 - 41. Record Vote Number: 278. (consideration: CR S10665-10666; text: CR S10665)
action_date: 2010-12-18
text: Considered by Senate. (consideration: CR S10665-10666)
action_date: 2010-12-16
text: Motion by Senator Reid to refer to Senate Committee on the Judiciary the House message to accompany the bill (HR 5281) with instructions to report back forthwith with amendment SA 4824 made in Senate.
action_date: 2010-12-16
text: Reid motion to concur in House amendment to Senate amendment numbered 3 with an amendment (SA 4822) made in Senate. (consideration: CR S10386)
action_date: 2010-12-16
text: Cloture motion on the motion to agree to House amendment to Senate amendment numbered 3 presented in Senate. (consideration: CR S10385-10386; text: CR S10386)
action_date: 2010-12-16
text: Reid motion to agree to House amendment to Senate amendment numbered 3 made in Senate.
action_date: 2010-12-16
text: Considered by Senate. (consideration: CR S10385-10386)
action_date: 2010-12-09
text: Message on House action received in Senate and at desk: House amendment to Senate amendment numbered 3.
action_date: 2010-12-08
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2010-12-08
text: On motion to to agree to the Senate amendments numbered 1 and 2, and that the House agree to the Senate amendment numbered 3 with an amendment Agreed to by the Yeas and Nays: 216 - 198 (Roll no. 625). (text as House agreed to certain Senate amendments with an amendment: CR H8223-8226)
action_date: 2010-12-08
text: Resolving differences -- House actions: On motion to to agree to the Senate amendments numbered 1 and 2, and that the House agree to the Senate amendment numbered 3 with an amendment Agreed to by the Yeas and Nays: 216 - 198 (Roll no. 625).(text as House agreed to certain Senate amendments with an amendment: CR H8223-8226)
action_date: 2010-12-08
text: The previous question was ordered pursuant to the rule. (consideration: CR H8242)
action_date: 2010-12-08
text: DEBATE - The House continued with further debate on H.R. 5281.
action_date: 2010-12-08
text: DEBATE - The House proceeded with one hour of debate on the Senate amendments to H.R. 5281.
action_date: 2010-12-08
text: Pursuant to the provisions of H. Res. 1756, the House moved to agree to the Senate amendments numbered 1 and 2, and that the House agree to the Senate amendment numbered 3 with an amendment.
action_date: 2010-12-08
text: Pursuant to the provisions of H.Res. 1756, the Chair recognized Mr. Conyers for a motion. (consideration: CR H8222-8243)
action_date: 2010-12-08
text: Rule H. Res. 1756 passed House.
action_date: 2010-12-08
text: Rules Committee Resolution H. Res. 1756 Reported to House. Rule provides for consideration of with 1 hour of general debate. Measure will be considered read. The rule provides for consideration of the Senate amendments to H.R. 5281. The resolution makes in order a motion by the Committee on the Judiciary that the House concur in the Senate amendments numbered 1 and 2; and that the House concur in the Senate amendment numbered 3 with an amendment printed in the report.
action_date: 2010-12-03
text: Message on Senate action sent to the House.
action_date: 2010-12-03
text: Passed Senate with amendments by Unanimous Consent. (text: CR S8510)
action_date: 2010-12-03
text: Passed/agreed to in Senate: Passed Senate with amendments by Unanimous Consent.(text: CR S8510)
action_date: 2010-12-03
text: Measure laid before Senate by unanimous consent. (consideration: CR S8508-8510)
action_date: 2010-12-03
text: Senate Committee on the Judiciary discharged by Unanimous Consent.
action_date: 2010-12-03
text: Senate Committee on the Judiciary discharged by Unanimous Consent.
action_date: 2010-07-28
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2010-07-27
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2010-07-27
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H6133)
action_date: 2010-07-27
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H6133)
action_date: 2010-07-27
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 5281.
action_date: 2010-07-27
text: Considered under suspension of the rules. (consideration: CR H6133-6134)
action_date: 2010-07-27
text: Mr. Johnson (GA) moved to suspend the rules and pass the bill, as amended.
action_date: 2010-06-21
text: Subcommittee on Courts and Competition Policy Discharged.
action_date: 2010-05-25
text: Subcommittee Hearings Held.
action_date: 2010-05-21
text: Referred to the Subcommittee on Courts and Competition Policy.
action_date: 2010-05-12
text: Referred to the House Committee on the Judiciary.
action_date: 2010-05-12
text: Sponsor introductory remarks on measure. (CR E827-828)
action_date: 2010-05-12
text: Introduced in House
action_date: 2010-05-12
text: Introduced in House