HR 6497 IHCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

December 7, 2010CommentsClose CommentsPermalink

Mr. BERMAN (for himself and Mr. LINCOLN DIAZ-BALART of Florida) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, Ways and Means, Education and Labor, 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 concernedCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Development, Relief, and Education for Alien Minors Act of 2010’ or the ‘DREAM Act of 2010’.CommentsClose CommentsPermalink

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title.CommentsClose CommentsPermalink





Sec. 2. Table of contents.CommentsClose CommentsPermalink





Sec. 3. Definitions.CommentsClose CommentsPermalink





Sec. 4. Cancellation of removal of certain long-term residents who entered the United States as children.CommentsClose CommentsPermalink





Sec. 5. Conditional nonimmigrant status.CommentsClose CommentsPermalink





Sec. 6. Adjustment of status.CommentsClose CommentsPermalink





Sec. 7. Treatment of aliens meeting requirements for extension of conditional nonimmigrant status.CommentsClose CommentsPermalink





Sec. 8. Exclusive jurisdiction.CommentsClose CommentsPermalink





Sec. 9. Penalties for false statements.CommentsClose CommentsPermalink





Sec. 10. Confidentiality of information.CommentsClose CommentsPermalink





Sec. 11. Higher education assistance.CommentsClose CommentsPermalink





Sec. 12. Treatment of conditional nonimmigrants for certain purposes.CommentsClose CommentsPermalink





Sec. 13. Military enlistment.CommentsClose CommentsPermalink





Sec. 14. GAO report.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) ARMED FORCES- The term ‘Armed Forces’ has the meaning given the term ‘armed forces’ in section 101(a) of title 10, United States Code.CommentsClose CommentsPermalink





(3) CONDITIONAL NONIMMIGRANT-CommentsClose CommentsPermalink





(A) DEFINITION- The term ‘conditional nonimmigrant’ means an alien who is granted conditional nonimmigrant status under this Act.CommentsClose CommentsPermalink





(B) DESCRIPTION- A conditional nonimmigrant--CommentsClose CommentsPermalink





(i) shall be considered to be an alien within a nonimmigrant class for purposes of the immigration laws;CommentsClose CommentsPermalink





(ii) may have the intention permanently to reside in the United States; andCommentsClose CommentsPermalink





(iii) is not required to have a foreign residence which the alien has no intention of abandoning.CommentsClose CommentsPermalink





(4) 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)).CommentsClose CommentsPermalink





(5) INSTITUTION OF HIGHER EDUCATION- The term ‘institution of higher education’ has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), except that the term does not include an institution of higher education outside the United States.CommentsClose CommentsPermalink

SEC. 4. CANCELLATION OF REMOVAL OF 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-CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding any other provision of law and except as otherwise provided in this Act, the Secretary of Homeland Security may cancel removal of an alien who is inadmissible or deportable from the United States, and grant the alien conditional nonimmigrant status, if the alien demonstrates by a preponderance of the evidence that--CommentsClose CommentsPermalink





(A) the alien has been physically present in the United States for a continuous period of not less than 5 years immediately preceding the date of the enactment of this Act and was younger than 16 years of age on the date the alien initially entered the United States;CommentsClose CommentsPermalink





(B) the alien has been a person of good moral character since the date the alien initially entered the United States;CommentsClose CommentsPermalink





(C) subject to paragraph (2), the alien--CommentsClose CommentsPermalink





(i) is not inadmissible under paragraph (1), (2), (3), (4), (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a));CommentsClose CommentsPermalink





(ii) is not deportable under paragraph (1)(E), (1)(G), (2), (4), (5), or (6) of section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a));CommentsClose CommentsPermalink





(iii) has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; andCommentsClose CommentsPermalink





(iv) has not been convicted of--CommentsClose CommentsPermalink





(I) any offense under Federal or State law punishable by a maximum term of imprisonment of more than 1 year; orCommentsClose CommentsPermalink





(II) 3 or more offenses under Federal or State law, for which the alien was convicted on different dates for each of the 3 offenses and sentenced to imprisonment for an aggregate of 90 days or more;CommentsClose CommentsPermalink





(D) the alien--CommentsClose CommentsPermalink





(i) has been admitted to an institution of higher education in the United States; orCommentsClose CommentsPermalink





(ii) has earned a high school diploma or obtained a general education development certificate in the United States;CommentsClose CommentsPermalink





(E) the alien has never been under a final administrative or judicial order of exclusion, deportation, or removal, unless the alien--CommentsClose CommentsPermalink





(i) has remained in the United States under color of law after such order was issued; orCommentsClose CommentsPermalink





(ii) received the order before attaining the age of 16 years; andCommentsClose CommentsPermalink





(F) the alien was younger than 30 years of age on the date of the enactment of this Act.CommentsClose CommentsPermalink





(2) WAIVER- With respect to any benefit under this Act, the Secretary of Homeland Security may waive the ground of inadmissibility under paragraph (1), (4), or (6) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) and the ground of deportability under paragraph (1) of section 237(a) of that Act (8 U.S.C. 1227(a)) for humanitarian purposes or family unity or when it is otherwise in the public interest.CommentsClose CommentsPermalink





(3) PROCEDURES- The Secretary of Homeland Security shall provide a procedure by regulation allowing eligible individuals to apply affirmatively for the relief available under this subsection without being placed in removal proceedings.CommentsClose CommentsPermalink





(4) SURCHARGE- The Secretary of Homeland Security shall charge and collect a surcharge of $525 per application on all applications for relief under this subsection. Such surcharge shall be in addition to the otherwise applicable application fee imposed for the purpose of recovering the full costs of providing adjudication and processing services. Notwithstanding any other provision of law, including section 286 of the Immigration and Nationality Act (8 U.S.C. 1356), any surcharge collected under this paragraph shall be deposited as offsetting receipts in the General Fund of the Treasury and shall not be available for obligation or expenditure.CommentsClose CommentsPermalink





(5) DEADLINE FOR SUBMISSION OF APPLICATION- An alien shall submit an application for cancellation of removal and conditional nonimmigrant status under this subsection no later than the date that is 1 year after the later of--CommentsClose CommentsPermalink





(A) the date the alien earned a high school diploma or obtained a general education development certificate in the United States; orCommentsClose CommentsPermalink





(B) the effective date of the interim regulations under subsection (d).CommentsClose CommentsPermalink





(6) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA- The Secretary of Homeland Security may not cancel the removal of an alien or grant conditional nonimmigrant status to the alien under this subsection 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.CommentsClose CommentsPermalink





(7) BACKGROUND CHECKS-CommentsClose CommentsPermalink





(A) REQUIREMENT FOR BACKGROUND CHECKS- The Secretary of Homeland Security shall utilize biometric, biographic, and other data that the Secretary determines is appropriate--CommentsClose CommentsPermalink





(i) to conduct security and law enforcement background checks of an alien seeking relief available under this subsection; andCommentsClose CommentsPermalink





(ii) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such relief.CommentsClose CommentsPermalink





(B) COMPLETION OF BACKGROUND CHECKS- The security and law enforcement background checks required by subparagraph (A) shall be completed, to the satisfaction of the Secretary, prior to the date the Secretary cancels the removal of the alien under this subsection.CommentsClose CommentsPermalink





(8) MEDICAL EXAMINATION- An alien applying for relief available under this subsection shall undergo a medical observation and examination. The Secretary of Homeland Security, with the concurrence of the Secretary of Health and Human Services, shall prescribe policies and procedures for the nature and timing of such observation and examination.CommentsClose CommentsPermalink





(9) MILITARY SELECTIVE SERVICE- An alien applying for relief available under this subsection 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.CommentsClose CommentsPermalink





(b) Termination of Continuous Period- For purposes of this section, any period of continuous residence or continuous physical presence in the United States of an alien who applies for cancellation of removal under subsection (a) 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)).CommentsClose CommentsPermalink





(c) Treatment of Certain Breaks in Presence-CommentsClose CommentsPermalink





(1) IN GENERAL- An alien shall be considered to have failed to maintain continuous physical presence in the United States under subsection (a) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days.CommentsClose CommentsPermalink





(2) EXTENSIONS FOR EXCEPTIONAL CIRCUMSTANCES- The Secretary of Homeland Security may extend the time periods described in paragraph (1) if the alien demonstrates that the failure to timely return to the United States was due to exceptional circumstances. The exceptional circumstances determined sufficient to justify an extension should be no less compelling than serious illness of the alien, or death or serious illness of a parent, grandparent, sibling, or child.CommentsClose CommentsPermalink





(d) Regulations-CommentsClose CommentsPermalink





(1) INITIAL PUBLICATION- Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall publish regulations implementing this section.CommentsClose CommentsPermalink





(2) INTERIM REGULATIONS- Notwithstanding section 553 of title 5, United States Code, the regulations required by paragraph (1) 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.CommentsClose CommentsPermalink





(3) FINAL REGULATIONS- Within a reasonable time after publication of the interim regulations in accordance with paragraph (1), the Secretary of Homeland Security shall publish final regulations implementing this section.CommentsClose CommentsPermalink





(e) Removal of Alien- The Secretary of Homeland Security may not remove any alien who--CommentsClose CommentsPermalink





(1) has a pending application for conditional nonimmigrant status under this Act; andCommentsClose CommentsPermalink





(2) establishes prima facie eligibility for cancellation of removal and conditional nonimmigrant status under subsection (a).CommentsClose CommentsPermalink

SEC. 5. CONDITIONAL NONIMMIGRANT STATUS.

(a) Length of Status- Conditional nonimmigrant status granted under section 4 shall be valid for an initial period of 5 years, subject to termination under subsection (c) of this section.CommentsClose CommentsPermalink





(b) Terms of Conditional Nonimmigrant Status-CommentsClose CommentsPermalink





(1) EMPLOYMENT- A conditional nonimmigrant shall be authorized to be employed in the United States incident to conditional nonimmigrant status.CommentsClose CommentsPermalink





(2) TRAVEL- A conditional nonimmigrant may travel outside the United States and may be admitted (if otherwise admissible) upon return to the United States without having to obtain a visa if--CommentsClose CommentsPermalink





(A) the alien is the bearer of valid, unexpired documentary evidence of conditional nonimmigrant status; andCommentsClose CommentsPermalink





(B) the alien’s absence from the United States was not for a period exceeding 180 days.CommentsClose CommentsPermalink





(c) Termination of Status-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Homeland Security shall terminate the conditional nonimmigrant status of any alien if the Secretary determines that the alien--CommentsClose CommentsPermalink





(A) ceases to meet the requirements of subparagraph (B) or (C) of section 4(a)(1);CommentsClose CommentsPermalink





(B) has become a public charge; orCommentsClose CommentsPermalink





(C) has received a dishonorable or other than honorable discharge from the Armed Forces.CommentsClose CommentsPermalink





(2) RETURN TO PREVIOUS IMMIGRATION STATUS- Any alien whose conditional nonimmigrant status is terminated under paragraph (1) shall return to the immigration status the alien had immediately prior to receiving conditional nonimmigrant status.CommentsClose CommentsPermalink





(d) Extension of Status-CommentsClose CommentsPermalink





(1) ELIGIBILITY- The Secretary of Homeland Security shall extend the conditional nonimmigrant status of an alien for a second period of 5 years if the following requirements are met:CommentsClose CommentsPermalink





(A) The alien has demonstrated good moral character during the entire period the alien has been a conditional nonimmigrant.CommentsClose CommentsPermalink





(B) The alien is in compliance with section 4(a)(1)(C).CommentsClose CommentsPermalink





(C) The alien has not abandoned the alien’s residence in the United States. For purposes of this subparagraph--CommentsClose CommentsPermalink





(i) the Secretary shall presume that the alien has abandoned such residence if the alien is absent from the United States for more than 365 days, in the aggregate, during the period of conditional nonimmigrant status, unless the alien demonstrates that the alien has not abandoned the alien’s residence; andCommentsClose CommentsPermalink





(ii) an alien who is absent from the United States due to active service in the Armed Forces has not abandoned the alien’s residence in the United States during the period of such service.CommentsClose CommentsPermalink





(D) The alien--CommentsClose CommentsPermalink





(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; orCommentsClose CommentsPermalink





(ii) has served in the Armed Forces for at least 2 years and, if discharged, has received an honorable discharge.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) SURCHARGE- The Secretary of Homeland Security shall charge and collect a surcharge of $2,000 per application on all applications for an extension under this subsection. Such surcharge shall be in addition to the otherwise applicable application fee imposed for the purpose of recovering the full costs of providing adjudication and processing services. Notwithstanding any other provision of law, including section 286 of the Immigration and Nationality Act (8 U.S.C. 1356), any surcharge collected under this paragraph shall be deposited as offsetting receipts in the General Fund of the Treasury and shall not be available for obligation or expenditure.CommentsClose CommentsPermalink





(3) HARDSHIP EXCEPTION- The Secretary of Homeland Security may, in the Secretary’s discretion, extend the conditional nonimmigrant status of an alien if the alien--CommentsClose CommentsPermalink





(A) satisfies the requirements of subparagraphs (A), (B), and (C) of paragraph (1);CommentsClose CommentsPermalink





(B) demonstrates compelling circumstances for the inability to complete the requirements described in paragraph (1)(D); andCommentsClose CommentsPermalink





(C) demonstrates that the alien’s removal from the United States would result in exceptional and extremely unusual 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.CommentsClose CommentsPermalink

SEC. 6. ADJUSTMENT OF STATUS.

(a) In General- A conditional nonimmigrant may file with the Secretary of Homeland Security, in accordance with subsection (c), an application to have the alien’s status adjusted to that of an alien lawfully admitted for permanent residence. The application shall provide, under penalty of perjury, the facts and information so that the Secretary may make the determination described in paragraph (b)(1).CommentsClose CommentsPermalink





(b) Adjudication of Application for Adjustment of Status-CommentsClose CommentsPermalink





(1) IN GENERAL- If an application is filed in accordance with subsection (a) for an alien, the Secretary of Homeland Security shall make a determination as to whether the alien meets the requirements set out in paragraphs (1) through (4) of subsection (d).CommentsClose CommentsPermalink





(2) 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 adjust the alien’s status to that of an alien lawfully admitted for permanent residence, effective as of the date of approval of the application.CommentsClose CommentsPermalink





(3) 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 terminate the conditional nonimmigrant status of the alien as of the date of the determination.CommentsClose CommentsPermalink





(c) Time To File Application- An alien shall file an application for adjustment of status during the period beginning 1 year before and ending on either the date that is 10 years after the date of the initial grant of conditional nonimmigrant status or any other expiration date of the conditional nonimmigrant status as extended by the Secretary of Homeland Security in accordance with this Act. The alien shall be deemed to be in conditional nonimmigrant status in the United States during the period in which such application is pending.CommentsClose CommentsPermalink





(d) Contents of Application- Each application for an alien under subsection (a) shall contain information to permit the Secretary of Homeland Security to determine whether each of the following requirements is met:CommentsClose CommentsPermalink





(1) The alien has demonstrated good moral character during the entire period the alien has been a conditional nonimmigrant.CommentsClose CommentsPermalink





(2) The alien is in compliance with section 4(a)(1)(C).CommentsClose CommentsPermalink





(3) The alien has not abandoned the alien’s residence in the United States. For purposes of this paragraph--CommentsClose CommentsPermalink





(A) the Secretary shall presume that the alien has abandoned such residence if the alien is absent from the United States for more than 730 days, in the aggregate, during the period of conditional nonimmigrant status, unless the alien demonstrates that the alien has not abandoned the alien’s residence; andCommentsClose CommentsPermalink





(B) an alien who is absent from the United States due to active service in the Armed Forces has not abandoned the alien’s residence in the United States during the period of such service.CommentsClose CommentsPermalink





(4) If previously granted a hardship exception under section 5(d)(3) from the requirements of section 5(d)(1)(D) with respect to extension of conditional nonimmigrant status, the alien has subsequently complied with such requirements, unless the alien is granted a hardship exception with respect to adjustment of status under the criteria described in section 5(d)(3).CommentsClose CommentsPermalink





(e) Citizenship Requirement-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), the status of a conditional nonimmigrant shall not be adjusted to permanent resident status 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)).CommentsClose CommentsPermalink





(2) EXCEPTION- Paragraph (1) 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 paragraph.CommentsClose CommentsPermalink





(f) Payment of Federal Taxes-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than the date on which an application is filed under subsection (a) for adjustment of status, the alien shall satisfy any applicable Federal tax liability due and owing on such date.CommentsClose CommentsPermalink





(2) APPLICABLE FEDERAL TAX LIABILITY- For purposes of paragraph (1), the term ‘applicable Federal tax liability’ means liability for Federal taxes imposed under the Internal Revenue Code of 1986, including any penalties and interest thereon.CommentsClose CommentsPermalink





(g) Submission of Biometric and Biographic Data- The Secretary of Homeland Security may not adjust the status of 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.CommentsClose CommentsPermalink





(h) Background Checks-CommentsClose CommentsPermalink





(1) REQUIREMENT FOR BACKGROUND CHECKS- The Secretary of Homeland Security shall utilize biometric, biographic, and other data that the Secretary determines appropriate--CommentsClose CommentsPermalink





(A) to conduct security and law enforcement background checks of an alien applying for adjustment of status under this section; andCommentsClose CommentsPermalink





(B) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such adjustment of status.CommentsClose CommentsPermalink





(2) COMPLETION OF BACKGROUND CHECKS- The security and law enforcement background checks required by paragraph (1) shall be completed, to the satisfaction of the Secretary, prior to the date the Secretary grants adjustment of status.CommentsClose CommentsPermalink





(i) Exemption From Numerical Limitations- Nothing in this section or in any other law may be construed to apply a numerical limitation on the number of aliens who may be eligible for adjustment of status under this section.CommentsClose CommentsPermalink





(j) Eligibility for Naturalization- An alien whose status is adjusted under this section to that of an alien lawfully admitted for permanent residence may be naturalized upon compliance with all the requirements of the immigration laws except the provisions of paragraph (1) of section 316(a) of the Immigration and Nationality Act (8 U.S.C. 1427(a)), if such person immediately preceding the date of filing the application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least 3 years, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of U.S. Citizenship and Immigration Services in the United States in which the applicant filed the application for at least 3 months. An alien described in this subsection may file the application for naturalization as provided in the second sentence of subsection (a) of section 334 of the Immigration and Nationality Act (8 U.S.C. 1445).CommentsClose CommentsPermalink

SEC. 7. TREATMENT OF ALIENS MEETING REQUIREMENTS FOR EXTENSION OF CONDITIONAL NONIMMIGRANT STATUS.

If, on the date of the enactment of this Act, an alien has satisfied all the requirements of section 4(a)(1) and section 5(d)(1)(D), the Secretary of Homeland Security may cancel removal and grant conditional nonimmigrant status in accordance with section 4, and may extend conditional nonimmigrant status in accordance with section 5(d). The alien may apply for adjustment of status in accordance with section 6(a) if the alien has met the requirements of subparagraphs (A), (B), and (C) of section 5(d)(1) during the entire period of conditional nonimmigrant status.CommentsClose CommentsPermalink

SEC. 8. EXCLUSIVE JURISDICTION.

(a) In General- The Secretary of Homeland Security shall have exclusive jurisdiction to determine eligibility for relief under this Act, except where the alien has been placed into deportation, exclusion, or removal proceedings either prior to or after filing an application for cancellation of removal and conditional nonimmigrant status or adjustment of status under this Act, in which case the Attorney General shall have exclusive jurisdiction and shall assume all the powers and duties of the Secretary until proceedings are terminated, or if a final order of deportation, exclusion, or removal is entered the Secretary shall resume all powers and duties delegated to the Secretary under this Act. If the Secretary grants relief under this Act, the final order of deportation, exclusion, or removal shall be terminated.CommentsClose CommentsPermalink





(b) Stay of Removal of Certain Aliens Enrolled in Primary or Secondary School-CommentsClose CommentsPermalink





(1) IN GENERAL- The Attorney General shall stay the removal proceedings of any alien who--CommentsClose CommentsPermalink





(A) meets all the requirements of subparagraphs (A), (B), (C), and (E) of section 4(a)(1);CommentsClose CommentsPermalink





(B) is at least 12 years of age; andCommentsClose CommentsPermalink





(C) is enrolled full-time in a primary or secondary school.CommentsClose CommentsPermalink





(2) ALIENS NOT IN REMOVAL PROCEEDINGS- For aliens who are not in removal proceedings, the Secretary of Homeland Security shall not commence such proceedings with respect to the alien if the alien meets the requirements of subparagraphs (A) through (C) of paragraph (1).CommentsClose CommentsPermalink





(c) Employment- An alien whose removal is stayed pursuant to subsection (b)(1) may be engaged in employment in the United States consistent with the Fair Labor Standards Act (29 U.S.C. 201 et seq.) and State and local laws governing minimum age for employment.CommentsClose CommentsPermalink





(d) Lift of Stay- The Attorney General shall lift the stay granted pursuant to subsection (b)(1) if the alien--CommentsClose CommentsPermalink





(1) is no longer enrolled in a primary or secondary school; orCommentsClose CommentsPermalink





(2) ceases to meet the requirements of such subsection.CommentsClose CommentsPermalink

SEC. 9. PENALTIES FOR FALSE STATEMENTS.

Whoever files an application for any benefit under this Act and willfully and knowingly falsifies, misrepresents, or conceals a material fact or makes any false or fraudulent statement or representation, or makes or uses any false writing or document knowing the same to contain any false or fraudulent statement or entry, shall be fined in accordance with title 18, United States Code, imprisoned not more than 5 years, or both.CommentsClose CommentsPermalink

SEC. 10. CONFIDENTIALITY OF INFORMATION.

(a) Prohibition- Except as provided in subsection (b), no officer or employee of the United States may--CommentsClose CommentsPermalink





(1) use the information furnished by an individual pursuant to an application filed under this Act to initiate removal proceedings against any person identified in the application;CommentsClose CommentsPermalink





(2) make any publication whereby the information furnished by any particular individual pursuant to an application under this Act can be identified; orCommentsClose CommentsPermalink





(3) permit anyone other than an officer or employee of the United States Government or, in the case of an application filed under this Act with a designated entity, that designated entity, to examine such application filed under this Act.CommentsClose CommentsPermalink





(b) Required Disclosure- The Attorney General or the Secretary of Homeland Security shall provide the information furnished under this Act, and any other information derived from such furnished information, to--CommentsClose CommentsPermalink





(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 the Brady Handgun Violence Protection Act (Public Law 103-159; 107 Stat. 1536) or an amendment made by that Act, or for homeland security or national security purposes, if such information is requested by such entity or consistent with an information sharing agreement or mechanism; orCommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 11. HIGHER EDUCATION ASSISTANCE.

Notwithstanding any provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), with respect to assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), an alien who is granted conditional nonimmigrant status or lawful permanent resident status under this Act shall be eligible only for the following assistance under such title:CommentsClose CommentsPermalink





(1) Student loans under parts D and E of such title IV (20 U.S.C. 1087a et seq., 1087aa et seq.), subject to the requirements of such parts.CommentsClose CommentsPermalink





(2) Federal work-study programs under part C of such title IV (42 U.S.C. 2751 et seq.), subject to the requirements of such part.CommentsClose CommentsPermalink





(3) Services under such title IV (20 U.S.C. 1070 et seq.), subject to the requirements for such services.CommentsClose CommentsPermalink

SEC. 12. TREATMENT OF CONDITIONAL NONIMMIGRANTS FOR CERTAIN PURPOSES.

(a) In General- An individual granted conditional nonimmigrant status under this Act shall, while such individual remains in such status, be considered lawfully present for all purposes except--CommentsClose CommentsPermalink





(1) section 36B of the Internal Revenue Code of 1986 (concerning premium tax credits), as added by section 1401 of the Patient Protection and Affordable Care Act (Public Law 111-148); andCommentsClose CommentsPermalink





(2) section 1402 of the Patient Protection and Affordable Care Act (concerning reduced cost sharing; 42 U.S.C. 18071).CommentsClose CommentsPermalink





(b) For Purposes of the 5-Year Eligibility Waiting Period Under PRWORA- An individual who has met the requirements under this Act for adjustment from conditional nonimmigrant status to lawful permanent resident status shall be considered, as of the date of such adjustment, to have completed the 5-year period specified in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613).CommentsClose CommentsPermalink

SEC. 13. MILITARY ENLISTMENT.

Section 504(b)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(D) An alien who is a conditional nonimmigrant (as that term is defined in section 3 of the DREAM Act of 2010).’.CommentsClose CommentsPermalink

SEC. 14. GAO REPORT.

Not later than 7 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report setting forth--CommentsClose CommentsPermalink





(1) the number of aliens who were eligible for cancellation of removal and grant of conditional nonimmigrant status under section 4(a);CommentsClose CommentsPermalink





(2) the number of aliens who applied for cancellation of removal and grant of conditional nonimmigrant status under section 4(a);CommentsClose CommentsPermalink





(3) the number of aliens who were granted conditional nonimmigrant status under section 4(a); andCommentsClose CommentsPermalink





(4) the number of aliens whose status was adjusted to that of an alien lawfully admitted for permanent residence under section 6.CommentsClose CommentsPermalink