Development, Relief, and Education for Alien Minors Act of 2011 or DREAM Act of 2011 - Authorizes the Secretary of Homeland Security (DHS) to cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, an alien who: (1) entered the United States on or before his or her 15th birthday and has been present in the United States for at least five years immediately preceding this Act's enactment, (2) is a person of good moral character, (3) is not inadmissible under specified grounds of the Immigration and Nationality Act, (4) has been admitted to an institution of higher education (IHE) in the United States or has earned a high school diploma or general education development certificate in the United States, and (5) was age 32 or younger on the date of this Act's enactment.
Authorizes the Secretary to waive specified grounds of inadmissibility for humanitarian, family unity, or public interest purposes.
Requires an alien to apply for cancellation of removal and conditional permanent resident 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 final regulations.
Requires prior to the granting of conditional permanent resident status that: (1) an alien submit biometric and biographic data, and (2) the Secretary has completed security and law enforcement background checks.
Requires an alien applying for conditional permanent resident status to: (1) register under the Military Selective Service Act if so required, and (2) undergo a medical examination.
Prohibits the Secretary or the Attorney General (DOJ) from removing an alien with a pending application who establishes prima facie eligibility for cancellation of removal and conditional permanent resident status.
Directs the Attorney General to stay the removal proceedings of an alien who: (1) meets the requirements (other than that pertaining to secondary school diploma or post-secondary school) for cancellation of removal and conditional adjustment, and (2) is at least 12 years of age and enrolled full-time in a primary or secondary school.
Establishes a six-year period of conditional permanent resident status. Terminates such status if the alien: (1) ceases to be a person of good moral character or becomes inadmissible under specified grounds, or (2) receives a dishonorable or other than honorable military discharge.
Authorizes the Secretary to remove the conditional basis of an alien's permanent resident status if the alien: (1) has demonstrated good moral character; (2) is not inadmissible under specified grounds; (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 secondary school attended in the United States.
Authorizes, and sets forth the criteria for, a hardship exception to such requirements.
Requires an alien prior to having his or her conditional status removed to have: (1) satisfied citizenship requirements, (2) submitted biometric and biographic data, and (3) have had security and law enforcement background checks completed.
Requires an alien seeking to have such conditional status removed to file an application during the period beginning six months prior to, and ending on, the date that is later of: (1) six years after the date the alien was initially granted conditional permanent resident status, or (2) any extended expiration date of the alien's conditional permanent resident status.
Prohibits an alien from applying for naturalization while he or she is in conditional permanent resident status.
Sets forth provisions regarding: (1) confidentiality of information, (2) required disclosure, (3) application fraud, and (4) penalty for misuse of information.
Makes an alien in conditional permanent resident status ineligible for: (1) federal Pell grants, and (2) federal supplemental educational opportunity grants.
Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to repeal the denial of an unlawful alien's eligibility for higher education benefits based on state residence unless a U.S. national is similarly eligible without regard to such state residence.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1842 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1842
To authorize the cancellation of removal and adjustment of status of
certain alien students who are long-term United States residents and
who entered the United States as children, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2011
Mr. Berman (for himself, Ms. Ros-Lehtinen, and Ms. Roybal-Allard)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committees on Education and the
Workforce and Homeland Security, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To authorize the cancellation of removal and adjustment of status of
certain alien students who are long-term United States residents and
who entered the United States as children, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Development, Relief, and Education
for Alien Minors Act of 2011'' or the ``DREAM Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) In general.--Except as otherwise specifically provided,
a term used in this Act that is used in the immigration laws
shall have the meaning given such term in the immigration laws.
(2) Immigration laws.--The term ``immigration laws'' has
the meaning given such term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(4) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Homeland
Security.
(5) Uniformed services.--The term ``uniformed services''
has the meaning given that term in section 101(a) of title 10,
United States Code.
SEC. 3. CONDITIONAL PERMANENT RESIDENT FOR CERTAIN LONG-TERM RESIDENTS
WHO ENTERED THE UNITED STATES AS CHILDREN.
(a) Special Rule for Certain Long-Term Residents Who Entered the
United States as Children.--
(1) In general.--Notwithstanding any other provision of law
and except as otherwise provided in this Act, the Secretary may
cancel removal of, and adjust to the status of an alien
lawfully admitted for permanent residence on a conditional
basis, an alien who is inadmissible or deportable from the
United States if the alien demonstrates by a preponderance of
the evidence that--
(A) the alien has been physically present in the
United States for a continuous period of not less than
5 years before the date of the enactment of this Act,
and was 15 years of age or younger on the date the
alien initially entered the United States;
(B) the alien has been a person of good moral
character since the date the alien initially entered
the United States;
(C) subject to paragraph (2), the alien is not
inadmissible under paragraph (2), (3), (4), (6)(E),
(6)(G), (8), or subparagraph (A), (C), or (D) of
paragraph (10), of section 212(a) of the Immigration
and Nationality Act (8 U.S.C. 1182(a));
(D) the alien has been admitted to an institution
of higher education in the United States, or has earned
a high school diploma or obtained a general education
development certificate in the United States; and
(E) the alien was 32 years of age or younger on the
date of the enactment of this Act.
(2) Waiver.--With respect to any benefit under this Act,
the Secretary may waive the grounds of ineligibility under
section 212(a)(2) of the Immigration and Nationality Act, for
humanitarian purposes, for purposes of family unity, or when it
is otherwise in the public interest.
(3) Submission of biometric and biographic data.--The
Secretary may not grant permanent resident status on a
conditional basis to an alien under this section unless the
alien submits biometric and biographic data, in accordance with
procedures established by the Secretary. The Secretary shall
provide an alternative procedure for applicants who are unable
to provide such biometric or biographic data because of a
physical impairment.
(4) Background checks.--
(A) Requirement for background checks.--The
Secretary shall utilize biometric, biographic, and
other data that the Secretary determines is
appropriate--
(i) to conduct security and law enforcement
background checks of an alien seeking permanent
resident status on a conditional basis under
this section; and
(ii) to determine whether there is any
criminal, national security, or other factor
that would render the alien ineligible for such
status.
(B) Completion of background checks.--The security
and law enforcement background checks required by
subparagraph (A) for an alien shall be completed, to
the satisfaction of the Secretary, prior to the date
the Secretary grants permanent resident status on a
conditional basis to the alien.
(5) Medical examination.--An alien applying for permanent
resident status on a conditional basis under this section shall
undergo a medical examination. The Secretary, with the
concurrence of the Secretary of Health and Human Services,
shall prescribe policies and procedures for the nature and
timing of such examination.
(6) Military selective service.--An alien applying for
permanent resident status on a conditional basis under this
section shall establish that the alien has registered under the
Military Selective Service Act (50 U.S.C. App. 451 et seq.), if
the alien is subject to such registration under that Act.
(b) Termination of Continuous Period.--Any period of continuous
residence or continuous physical presence in the United States of an
alien who applies for permanent resident status on a conditional basis
under this section shall not terminate when the alien is served a
notice to appear under section 239(a) of the Immigration and
Nationality Act (8 U.S.C. 1229(a)).
(c) Treatment of Certain Breaks in Presence.--
(1) In general.--An alien shall not be considered to have
failed to maintain continuous physical presence in the United
States for purposes of subsection (a)(1)(A) by virtue of brief,
casual, and innocent absences from the United States.
(2) Waiver.--The Secretary of Homeland Security may waive
breaks in presence beyond brief, casual, or innocent absences
for humanitarian purposes, family unity, or when it is
otherwise in the public interest.
(d) Exemption From Numerical Limitations.--Nothing in this section
may be construed to apply a numerical limitation on the number of
aliens who may be eligible for cancellation of removal or adjustment of
status under this section.
(e) Application.--
(1) In general.--An alien seeking lawful permanent resident
status on a conditional basis shall file an application for
such status in such manner as the Secretary may require.
(2) Deadline for submission of application.--An alien shall
submit an application for relief under this section not later
than the date that is 1 year after the later of--
(A) the date the alien earned a high school diploma
or obtained a general education development certificate
in the United States; or
(B) the effective date of the final regulations
issued pursuant to section 7.
(f) Limitation on Removal of Certain Aliens.--
(1) In general.--The Secretary or the Attorney General may
not remove an alien who--
(A) has a pending application for relief under this
section; and
(B) establishes prima facie eligibility for relief
under this section.
(2) Certain aliens enrolled in primary or secondary
school.--
(A) Stay of removal.--The Attorney General shall
stay the removal proceedings of an alien who--
(i) meets all the requirements of
subparagraphs (A), (B), (C), and (E) of
subsection (a)(1);
(ii) is at least 12 years of age; and
(iii) is enrolled full-time in a primary or
secondary school.
(B) Aliens not in removal proceedings.--If an alien
is not in removal proceedings, the Secretary shall not
commence such proceedings with respect to the alien if
the alien is described in clauses (i) through (iii) of
subparagraph (A).
(C) Employment.--An alien whose removal is stayed
pursuant to subparagraph (A) or who may not be placed
in removal proceedings pursuant to subparagraph (B)
shall, upon application to the Secretary, be granted an
employment authorization document.
(D) Lift of stay.--The Secretary or Attorney
General may lift the stay granted to an alien under
subparagraph (A) if the alien--
(i) is no longer enrolled in a primary or
secondary school; or
(ii) ceases to meet the requirements of
such paragraph.
SEC. 4. TERMS OF CONDITIONAL PERMANENT RESIDENT STATUS.
(a) In General.--
(1) Conditional basis for status.--Notwithstanding any
other provision of law, an alien whose status has been adjusted
under section 3 to that of an alien lawfully admitted for
permanent residence shall be considered to have obtained such
status on a conditional basis subject to the provisions of this
section. Such conditional permanent resident status shall be
valid for a period of 6 years, subject to termination under
subsection (b).
(2) Notice of requirements.--
(A) At time of obtaining permanent residence.--At
the time an alien obtains permanent resident status on
a conditional basis under this Act, the Secretary of
Homeland Security shall provide for notice to the alien
regarding the provisions of this section and the
requirements to have the conditional basis of such
status removed.
(B) Effect of failure to provide notice.--The
failure of the Secretary to provide a notice under this
paragraph--
(i) shall not affect the enforcement of the
provisions of this Act with respect to the
alien; and
(ii) shall not give rise to any private
right of action by the alien.
(b) Termination of Status.--
(1) In general.--The Secretary of Homeland Security shall
terminate the conditional permanent resident status of any
alien who obtained such status under this Act, if the Secretary
determines that the alien--
(A) ceases to meet the requirements of subparagraph
(B) or (C) of section 3(a)(1); or
(B) has received a dishonorable or other than
honorable discharge from the uniformed services.
(2) Return to previous immigration status.--Any alien whose
conditional permanent resident status is terminated under
paragraph (1) shall return to the immigration status the alien
had immediately prior to receiving conditional permanent
resident status under this Act.
(c) Information Systems.--The Secretary shall use the information
systems of the Department of Homeland Security to maintain current
information on the identity, address, and immigration status of aliens
granted permanent resident status on a conditional basis under this
Act.
SEC. 5. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT STATUS.
(a) Eligibility for Removal of Conditional Basis.--
(1) In general.--Subject to paragraph (2), the Secretary
may remove the conditional basis of an alien's permanent
resident status granted under this Act if the alien
demonstrates by a preponderance of the evidence that--
(A) the alien has been a person of good moral
character during the entire period of conditional
permanent resident status;
(B) the alien is described in section 3(a)(1)(C);
(C) the alien has not abandoned the alien's
residence in the United States;
(D) the alien--
(i) has acquired a degree from an
institution of higher education in the United
States or has completed at least 2 years, in
good standing, in a program for a bachelor's
degree or higher degree in the United States;
or
(ii) has served in the Uniformed Services
for at least 2 years and, if discharged,
received an honorable discharge; and
(E) the alien has provided a list of each secondary
school (as that term is defined in section 9101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)) that the alien attended in the United
States.
(2) Hardship exception.--
(A) In general.--The Secretary may, in the
Secretary's discretion, remove the conditional basis of
an alien's permanent resident status if the alien--
(i) satisfies the requirements of
subparagraphs (A), (B), (C), and (E) of
paragraph (1);
(ii) demonstrates compelling circumstances
for the inability to satisfy the requirements
of subparagraph (D) of such paragraph; and
(iii) demonstrates that the alien's removal
from the United States would result in extreme
hardship to the alien or the alien's spouse,
parent, or child who is a citizen or a lawful
permanent resident of the United States.
(B) Extension.--Upon a showing of good cause, the
Secretary may extend the period of permanent resident
status on a conditional basis for an alien so that the
alien may complete the requirements of subparagraph (D)
of paragraph (1).
(3) Treatment of abandonment or residence.--For purposes of
paragraph (1)(C), an alien--
(A) shall be presumed to have abandoned the alien's
residence in the United States if the alien is absent
from the United States for more than 365 days, in the
aggregate, during the alien's period of conditional
permanent resident status, unless the alien
demonstrates to the satisfaction of the Secretary that
the alien has not abandoned such residence; and
(B) who is absent from the United States due to
active service in the Uniformed Services has not
abandoned the alien's residence in the United States
during the period of such service.
(4) Citizenship requirement.--
(A) In general.--Except as provided in subparagraph
(B), the conditional basis of an alien's permanent
resident status may not be removed unless the alien
demonstrates that the alien satisfies the requirements
of section 312(a) of the Immigration and Nationality
Act (8 U.S.C. 1423(a)).
(B) Exception.--Subparagraph (A) shall not apply to
an alien who is unable because of a physical or
developmental disability or mental impairment to meet
the requirements of such subparagraph.
(5) Submission of biometric and biographic data.--The
Secretary may not remove the conditional basis of an alien's
permanent resident status unless the alien submits biometric
and biographic data, in accordance with procedures established
by the Secretary. The Secretary shall provide an alternative
procedure for applicants who are unable to provide such
biometric data because of a physical impairment.
(6) Background checks.--
(A) Requirement for background checks.--The
Secretary shall utilize biometric, biographic, and
other data that the Secretary determines appropriate--
(i) to conduct security and law enforcement
background checks of an alien applying for
removal of the conditional basis of the alien's
permanent resident status; and
(ii) to determine whether there is any
criminal, national security, or other factor
that would render the alien ineligible for
removal of such conditional basis.
(B) Completion of background checks.--The security
and law enforcement background checks required by
subparagraph (A) for an alien shall be completed, to
the satisfaction of the Secretary, prior to the date
the Secretary removes the conditional basis of the
alien's permanent resident status.
(b) Application To Remove Conditional Basis.--
(1) In general.--An alien seeking to have the conditional
basis of the alien's lawful permanent resident status removed
shall file an application for such removal in such manner as
the Secretary may require.
(2) Deadline for submission of application.--
(A) In general.--An alien shall file an application
under this subsection during the period beginning 6
months prior to and ending on the date that is later
of--
(i) 6 years after the date the alien was
initially granted conditional permanent
resident status; or
(ii) any other expiration date of the
alien's conditional permanent resident status,
as extended by the Secretary in accordance with
this Act.
(B) Status during pendency.--An alien shall be
deemed to have permanent resident status on a
conditional basis during the period that the alien's
application submitted under this subsection is pending.
(3) Adjudication of application.--
(A) In general.--The Secretary shall make a
determination on each application filed by an alien
under this subsection as to whether the alien meets the
requirements for removal of the conditional basis of
the alien's permanent resident status.
(B) Adjustment of status if favorable
determination.--If the Secretary determines that the
alien meets such requirements, the Secretary shall
notify the alien of such determination and remove the
conditional basis of the alien's permanent resident
status, effective as of the date of such determination.
(C) Termination if adverse determination.--If the
Secretary determines that the alien does not meet such
requirements, the Secretary shall notify the alien of
such determination and, if the alien no longer meets
the requirements for permanent resident status on a
conditional basis under this Act, terminate the
conditional permanent resident status granted the alien
under this Act as of the date of such determination.
(c) Treatment for Purposes of Naturalization.--
(1) In general.--For purposes of title III of the
Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an
alien granted permanent resident status on a conditional basis
under this Act shall be considered to have been admitted as an
alien lawfully admitted for permanent residence and to be in
the United States as an alien lawfully admitted to the United
States for permanent residence.
(2) Limitation on application for naturalization.--An alien
may not apply for naturalization during the period that the
alien is in permanent resident status on a conditional basis
under this Act.
SEC. 6. CONFIDENTIALITY OF INFORMATION.
(a) Prohibition.--Except as provided in subsection (b), no officer
or employee of the United States may--
(1) use the information furnished by the applicant pursuant
to an application filed under this Act to initiate removal
proceedings against any persons identified in the application;
(2) make any publication whereby the information furnished
by any particular individual pursuant to an application under
this Act can be identified; or
(3) permit anyone other than an officer or employee of the
United States Government or, in the case of applications filed
under this Act with a designated entity, that designated
entity, to examine applications filed under this Act.
(b) Required Disclosure.--The Attorney General or the Secretary of
Homeland Security shall provide the information furnished under this
section, and any other information derived from such furnished
information, to--
(1) a Federal, State, tribal, or local law enforcement
agency, intelligence agency, national security agency,
component of the Department of Homeland Security, court, or
grand jury in connection with a criminal investigation or
prosecution, a background check conducted pursuant to section
103 of the Brady Handgun Violence Protection Act (Public Law
103-159; 18 U.S.C. 922 note), or national security purposes, if
such information is requested by such entity or consistent with
an information sharing agreement or mechanism; or
(2) an official coroner for purposes of affirmatively
identifying a deceased individual (whether or not such
individual is deceased as a result of a crime).
(c) Fraud in Application Process or Criminal Conduct.--
Notwithstanding any other provision of this section, information
concerning whether an alien seeking relief under this Act has engaged
in fraud in an application for such relief or at any time committed a
crime may be used or released for immigration enforcement, law
enforcement, or national security purposes.
(d) Penalty.--Whoever knowingly uses, publishes, or permits
information to be examined in violation of this section shall be fined
not more than $10,000.
SEC. 7. REGULATIONS.
(a) Initial Publication.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall publish regulations
implementing this Act. Such regulations shall allow eligible
individuals to apply affirmatively for the relief available under
section 3 without being placed in removal proceedings.
(b) Interim Regulations.--Notwithstanding section 553 of title 5,
United States Code, the regulations required by subsection (a) shall be
effective, on an interim basis, immediately upon publication but may be
subject to change and revision after public notice and opportunity for
a period of public comment.
(c) Final Regulations.--Within a reasonable time after publication
of the interim regulations in accordance with subsection (b), the
Secretary shall publish final regulations implementing this Act.
(d) Paperwork Reduction Act.--The requirements of chapter 35 of
title 44, United States Code (commonly known as the ``Paperwork
Reduction Act'') shall not apply to any action to implement this Act.
SEC. 8. HIGHER EDUCATION ASSISTANCE.
(a) In General.--Notwithstanding any provision of the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.) or any provision of
title IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1601 et seq.), with respect to
Federal financial education assistance, an alien who is lawfully
admitted for permanent residence under this Act and has not had the
conditional basis removed shall not be eligible for--
(1) Federal Pell grants under part A of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070a et seq.); and
(2) Federal supplemental educational opportunity grants
under part A of title IV of that Act (20 U.S.C. 1070b et seq.).
(b) Restoration of State Right To Determine Residency for Purposes
of Higher Education Benefits.--
(1) In general.--Section 505 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623)
is repealed.
(2) Effective date.--The repeal under paragraph (1) shall
take effect as if included in the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Higher Education and Workforce Training.
Referred to the Subcommittee on Border and Maritime Security.
Referred to the Subcommittee on Immigration Policy and Enforcement.
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