American Dream and Promise Act of 2021

IIB 117TH CONGRESS 1ST SESSION H. R. 6 IN THE SENATE OF THE UNITED STATES MARCH 22, 2021 Received; read twice and referred to the Committee on the Judiciary AN ACT To authorize the cancellation of removal and adjustment of status of certain aliens, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:11 Mar 23, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6.RFS H6 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 6 RFS SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘American Dream and Promise Act of 2021’’. 3 (b) TABLE OF CONTENTS.—The table of contents for 4 this Act is as follows: 5 Sec. 1. Short title; table of contents. TITLE I—DREAM ACT OF 2021 Sec. 101. Short title. Sec. 102. Permanent resident status on a conditional basis for certain long- term residents who entered the united states as children. Sec. 103. Terms of permanent resident status on a conditional basis. Sec. 104. Removal of conditional basis of permanent resident status. Sec. 105. Restoration of State option to determine residency for purposes of higher education benefits. TITLE II—AMERICAN PROMISE ACT OF 2021 Sec. 201. Short title. Sec. 202. Adjustment of status for certain nationals of certain countries des- ignated for temporary protected status or deferred enforced de- parture. Sec. 203. Clarification. TITLE III—GENERAL PROVISIONS Sec. 301. Definitions. Sec. 302. Submission of biometric and biographic data; background checks. Sec. 303. Limitation on removal; application and fee exemption; and other con- ditions on eligible individuals. Sec. 304. Determination of continuous presence and residence. Sec. 305. Exemption from numerical limitations. Sec. 306. Availability of administrative and judicial review. Sec. 307. Documentation requirements. Sec. 308. Rule making. Sec. 309. Confidentiality of information. Sec. 310. Grant program to assist eligible applicants. Sec. 311. Provisions affecting eligibility for adjustment of status. Sec. 312. Supplementary surcharge for appointed counsel. Sec. 313. Annual report on provisional denial authority. TITLE I—DREAM ACT OF 2021 6 SEC. 101. SHORT TITLE. 7 This title may be cited as the ‘‘Dream Act of 2021’’. 8 VerDate Sep 11 2014 00:11 Mar 23, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6.RFS H6 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 6 RFS SEC. 102. PERMANENT RESIDENT STATUS ON A CONDI- 1 TIONAL BASIS FOR CERTAIN LONG-TERM 2 RESIDENTS WHO ENTERED THE UNITED 3 STATES AS CHILDREN. 4 (a) CONDITIONAL BASIS FOR STATUS.—Notwith- 5 standing any other provision of law, and except as pro- 6 vided in section 104(c)(2), an alien shall be considered, 7 at the time of obtaining the status of an alien lawfully 8 admitted for permanent residence under this section, to 9 have obtained such status on a conditional basis subject 10 to the provisions of this title. 11 (b) REQUIREMENTS.— 12 (1) IN GENERAL.—Notwithstanding any other 13 provision of law, the Secretary or the Attorney Gen- 14 eral shall adjust to the status of an alien lawfully 15 admitted for permanent residence on a conditional 16 basis, or without the conditional basis as provided in 17 section 104(c)(2), an alien who is inadmissible or de- 18 portable from the United States, is subject to a 19 grant of Deferred Enforced Departure, has tem- 20 porary protected status under section 244 of the Im- 21 migration and Nationality Act (8 U.S.C. 1254a), or 22 is the son or daughter of an alien admitted as a non- 23 immigrant under subparagraphs (E)(i), (E)(ii), 24 (H)(i)(b), or (L) of section 101(a)(15) of such Act 25 (8 U.S.C. 1101(a)(15)) if— 26 VerDate Sep 11 2014 00:11 Mar 23, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6.RFS H6 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 6 RFS (A) the alien has been continuously phys- 1 ically present in the United States since Janu- 2 ary 1, 2021; 3 (B) the alien was 18 years of age or 4 younger on the date on which the alien entered 5 the United States and has continuously resided 6 in the United States since such entry; 7 (C) the alien— 8 (i) subject to paragraph (2), is not in- 9 admissible under paragraph (1), (6)(E), 10 (6)(G), (8), or (10) of section 212(a) of 11 the Immigration and Nationality Act (8 12 U.S.C. 1182(a)); 13 (ii) has not ordered, incited, assisted, 14 or otherwise participated in the persecution 15 of any person on account of race, religion, 16 nationality, membership in a particular so- 17 cial group, or political opinion; and 18 (iii) is not barred from adjustment of 19 status under this title based on the crimi- 20 nal and national security grounds de- 21 scribed under subsection (c), subject to the 22 provisions of such subsection; and 23 (D) the alien— 24 VerDate Sep 11 2014 00:11 Mar 23, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6.RFS H6 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 6 RFS (i) has been admitted to an institution 1 of higher education; 2 (ii) has been admitted to an area ca- 3 reer and technical education school at the 4 postsecondary level; 5 (iii) in the United States, has ob- 6 tained— 7 (I) a high school diploma or a 8 commensurate alternative award from 9 a public or private high school; 10 (II) a General Education Devel- 11 opment credential, a high school 12 equivalency diploma recognized under 13 State law, or another similar State- 14 authorized credential; 15 (III) a credential or certificate 16 from an area career and technical 17 education school at the secondary 18 level; or 19 (IV) a recognized postsecondary 20 credential; or 21 (iv) is enrolled in secondary school or 22 in an education program assisting students 23 in— 24 VerDate Sep 11 2014 00:11 Mar 23, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6.RFS H6 pamtmann on DSKBC07HB2PROD with BILLS 6 HR 6 RFS (I) obtaining a high school di- 1 ploma or its recognized equivalent 2 under State law; 3 (II) passing the General Edu- 4 cation Development test, a high school 5 equivalence diploma examination, or 6 other similar State-authorized exam; 7 (III) obtaining a certificate or 8 credential from an area career and 9 technical education school providing 10 education at the secondary level; or 11 (IV) obtaining a recognized post- 12 secondary credential. 13 (2) WAIVER OF GROUNDS OF INADMIS- 14 SIBILITY.—With respect to any benefit under this 15 title, and in addition to the waivers under subsection 16 (c)(2), the Secretary may waive the grounds of inad- 17 missibility under paragraph (1), (6)(E), (6)(G), or 18 (10)(D) of section 212(a) of the Immigration and 19 Nationality Act (8 U.S.C. 1182(a)) for humanitarian 20 purposes, for family unity, or because the waiver is 21 otherwise in the public interest. 22 (3) APPLICATION FEE.— 23 (A) IN GENERAL.—The Secretary may, 24 subject to an exemption under section 303(c), 25 VerDate Sep 11 2014 00:11 Mar 23, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6.RFS H6 pamtmann on DSKBC07HB2PROD with BILLS 7 HR 6 RFS require an alien applying under this section to 1 pay a reasonable fee that is commensurate with 2 the cost of processing the application but does 3 not exceed $495.00. 4 (B) SPECIAL PROCEDURES FOR APPLI- 5 CANTS WITH DACA.—The Secretary shall estab- 6 lish a streamlined procedure for aliens who have 7 been granted DACA and who meet the require- 8 ments for renewal (under the terms of the pro- 9 gram in effect on January 1, 2017) to apply for 10 adjustment of status to that of an alien lawfully 11 admitted for permanent residence on a condi- 12 tional basis under this section, or without the 13 conditional basis as provided in section 14 104(c)(2). Such procedure shall not include a 15 requirement that the applicant pay a fee, except 16 that the Secretary may require an applicant 17 who meets the requirements for lawful perma- 18 nent residence without the conditional basis 19 under section 104(c)(2) to pay a fee that is 20 commensurate with the cost of processing the 21 application, subject to the exemption under sec- 22 tion 303(c). 23 (4) BACKGROUND CHECKS.—The Secretary 24 may not grant an alien permanent resident status on 25 VerDate Sep 11 2014 00:11 Mar 23, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6.RFS H6 pamtmann on DSKBC07HB2PROD with BILLS 8 HR 6 RFS a conditional basis under this section until the re- 1 quirements of section 302 are satisfied. 2 (5) MILITARY SELECTIVE SERVICE.—An alien 3 applying for permanent resident status on a condi- 4 tional basis under this section, or without the condi- 5 tional basis as provided in section 104(c)(2), shall 6 establish that the alien has registered under the 7 Military Selective Service Act (50 U.S.C. 3801 et 8 seq.), if the alien is subject to registration under 9 such Act. 10 (c) CRIMINAL AND NATIONAL SECURITY BARS.— 11 (1) GROUNDS OF INELIGIBILITY.—Except as 12 provided in paragraph (2), an alien is ineligible for 13 adjustment of status under this title (whether on a 14 conditional basis or without the conditional basis as 15 provided in section 104(c)(2)) if any of the following 16 apply: 17 (A) The alien is inadmissible under para- 18 graph (2) or (3) of section 212(a) of the Immi- 19 gration and Nationality Act (8 U.S.C. 1182(a)). 20 (B) Excluding any offense under State law 21 for which an essential element is the alien’s im- 22 migration status, and any minor traffic offense, 23 the alien has been convicted of— 24 (i) any felony offense; 25 VerDate Sep 11 2014 00:11 Mar 23, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6.RFS H6 pamtmann on DSKBC07HB2PROD with BILLS 9 HR 6 RFS (ii) three or more misdemeanor of- 1 fenses (excluding simple possession of can- 2 nabis or cannabis-related paraphernalia, 3 any offense involving cannabis or cannabis- 4 related paraphernalia which is no longer 5 prosecutable in the State in which the con- 6 viction was entered, and any offense involv- 7 ing civil disobedience without violence) not 8 occurring on the same date, and not aris- 9 ing out of the same act, omission, or 10 scheme of misconduct; or 11 (iii) a misdemeanor offense of domes- 12 tic violence, unless the alien demonstrates 13 that such crime is related to the alien hav- 14 ing been— 15 (I) a victim of domestic violence, 16 sexual assault, stalking, child abuse or 17 neglect, abuse or neglect in later life, 18 or human trafficking; 19 (II) battered or subjected to ex- 20 treme cruelty; or 21 (III) a victim of criminal activity 22 described in section 101(a)(15)(U)(iii) 23 of the Immigration and Nationality 24 Act (8 U.S.C. 1101(a)(15)(U)(iii)). 25 VerDate Sep 11 2014 00:11 Mar 23, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6.RFS H6 pamtmann on DSKBC07HB2PROD with BILLS 10 HR 6 RFS (2) WAIVERS FOR CERTAIN MISDEMEANORS.— 1 For humanitarian purposes, family unity, or if oth- 2 erwise in the public interest, the Secretary may— 3 (A) waive the grounds of inadmissibility 4 under subparagraphs (A), (C), and (D) of sec- 5 tion 212(a)(2) of the Immigration and Nation- 6 ality Act (8 U.S.C. 1182(a)(2)), unless the con- 7 viction forming the basis for inadmissibility 8 would otherwise render the alien ineligible 9 under paragraph (1)(B) (subject to subpara- 10 graph (B)); and 11 (B) for purposes of clauses (ii) and (iii) of 12 paragraph (1)(B), waive consideration of— 13 (i) one misdemeanor offense if the 14 alien has not been convicted of any offense 15 in the 5-year period preceding the date on 16 which the alien applies for adjustment of 17 status under this title; or 18 (ii) up to two misdemeanor offenses if 19 the alien has not been convicted of any of- 20 fense in the 10-year period preceding the 21 date on which the alien applies for adjust- 22 ment of status under this title. 23 (3) AUTHORITY TO CONDUCT SECONDARY RE- 24 VIEW.— 25 VerDate Sep 11 2014 00:11 Mar 23, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6.RFS H6 pamtmann on DSKBC07HB2PROD with BILLS 11 HR 6 RFS (A) IN GENERAL.—Notwithstanding an 1 alien’s eligibility for adjustment of status under 2 this title, and subject to the procedures de- 3 scribed in this paragraph, the Secretary may, 4 as a matter of non-delegable discretion, provi- 5 sionally deny an application for adjustment of 6 status (whether on a conditional basis or with- 7 out the conditional basis as provided in section 8 104(c)(2)) if the Secretary, based on clear and 9 convincing evidence, which shall include credible 10 law enforcement information, determines that 11 the alien is described in subparagraph (B) or 12 (D). 13 (B) PUBLIC SAFETY.—An alien is de- 14 scribed in this subparagraph if— 15 (i) excluding simple possession of can- 16 nabis or cannabis-related paraphernalia, 17 any offense involving cannabis or cannabis- 18 related paraphernalia which is no longer 19 prosecutable in the State in which the con- 20 viction was entered, any offense under 21 State law for which an essential element is 22 the alien’s immigration status, any offense 23 involving civil disobedience without vio- 24 VerDate Sep 11 2014 00:11 Mar 23, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6.RFS H6 pamtmann on DSKBC07HB2PROD with BILLS 12 HR 6 RFS lence, and any minor traffic offense, the 1 alien— 2 (I) has been convicted of a mis- 3 demeanor offense punishable by a 4 term of imprisonment of more than 5 30 days; or 6 (II) has been adjudicated delin- 7 quent in a State or local juvenile court 8 proceeding that resulted in a disposi- 9 tion ordering placement in a secure 10 facility; and 11 (ii) the alien poses a significant and 12 continuing threat to public safety related 13 to such conviction or adjudication. 14 (C) PUBLIC SAFETY DETERMINATION.— 15 For purposes of subparagraph (B)(ii), the Sec- 16 retary shall consider the recency of the convic- 17 tion or adjudication; the length of any imposed 18 sentence or placement; the nature and serious- 19 ness of the conviction or adjudication, including 20 whether the elements of the offense include the 21 unlawful possession or use of a deadly weapon 22 to commit an offense or other conduct intended 23 to cause serious bodily injury; and any miti- 24 VerDate Sep 11 2014 00:11 Mar 23, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H6.RFS H6 pamtmann on DSKBC07HB2PROD with BILLS 13 HR 6 RFS gating factors pertaining to the alien’s role in 1 the commission of the offense. 2 (D) GANG PARTICIPATION.—An alien is 3 described in this subparagraph if the alien has, 4 within the 5 years immediately preceding the 5 date of the application, know [Text truncated for display. 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