Citizenship for Essential Workers Act

I 117TH CONGRESS 1ST SESSION H. R. 1909 To amend the Immigration and Nationality Act to provide for the adjustment of status of essential workers, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 16, 2021 Mr. CASTRO of Texas (for himself, Mr. LIEU, Mr. VARGAS, Ms. BARRAGA´N, Mr. VELA, Mr. ESPAILLAT, Ms. GARCIA of Texas, Mr. MCGOVERN, Mr. BLUMENAUER, Mrs. NAPOLITANO, Mr. TORRES of New York, Ms. NOR- TON, Mr. CONNOLLY, Mr. GALLEGO, Mr. CORREA, Mr. SOTO, Mr. JOHN- SON of Georgia, Ms. WILLIAMS of Georgia, Ms. MENG, Ms. VELA´ZQUEZ, Mr. KHANNA, Mr. RUSH, Mr. JONES, Ms. MCCOLLUM, Mr. BROWN, Mr. CARBAJAL, Mr. LOWENTHAL, Ms. JACOBS of California, Ms. LEE of Cali- fornia, Mr. GRIJALVA, Ms. JAYAPAL, Mrs. DEMINGS, Mr. GOMEZ, Mr. GREEN of Texas, Mr. DANNY K. DAVIS of Illinois, Mr. CA´RDENAS, Ms. LEGER FERNANDEZ, Mr. TAKANO, Mr. SMITH of Washington, Ms. ESCOBAR, Ms. NEWMAN, Mr. GARCI´A of Illinois, Ms. DEGETTE, Mrs. BEATTY, Ms. DEAN, Ms. CLARKE of New York, Mr. CICILLINE, Ms. SA´NCHEZ, Ms. ADAMS, Ms. DELAURO, Mr. PALLONE, Ms. CHU, and Mr. SUOZZI) introduced the following bill; which was referred to the Com- mittee on the Judiciary A BILL To amend the Immigration and Nationality Act to provide for the adjustment of status of essential workers, 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 21:15 May 11, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1909.IH H1909 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1909 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Citizenship for Essen- 2 tial Workers Act’’. 3 SEC. 2. ADJUSTMENT OF STATUS OF ESSENTIAL WORKERS. 4 (a) IN GENERAL.—Chapter 5 of title II of the Immi- 5 gration and Nationality Act (8 U.S.C. 1255 et seq.) is 6 amended by inserting after section 245A, the following: 7 ‘‘SEC. 245B. ADJUSTMENT OF STATUS FOR ESSENTIAL 8 WORKERS. 9 ‘‘(a) ADJUSTMENT OF STATUS FOR ESSENTIAL 10 WORKERS.—Notwithstanding any other provision of law, 11 the Secretary of Homeland Security (referred to in this 12 section as the ‘Secretary’) or the Attorney General shall 13 adjust to the status of an alien lawfully admitted for per- 14 manent residence— 15 ‘‘(1) an alien who— 16 ‘‘(A) satisfies the eligibility requirements 17 set forth in subsection (b); and 18 ‘‘(B) submits an application and satisfies 19 the criminal and national security background 20 checks and payment of applicable fees pursuant 21 to the procedures set forth in subsection (d); 22 and 23 ‘‘(2) the parents, spouse, sons, and daughters 24 of such alien. 25 VerDate Sep 11 2014 21:15 May 11, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1909.IH H1909 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1909 IH ‘‘(b) ELIGIBILITY.—An alien applying for status 1 under subsection (a) shall satisfy the following require- 2 ments: 3 ‘‘(1) ALIENS WORKING IN CERTAIN SECTORS, 4 INDUSTRIES, AND OCCUPATIONS.—Except as pro- 5 vided in paragraph (2), the alien shall have, at any 6 point during the period described in subsection (i), 7 earned income for work in any of the following pri- 8 vate, public, or nonprofit sectors, industries, or occu- 9 pations: 10 ‘‘(A) Health care. 11 ‘‘(B) Emergency response. 12 ‘‘(C) Sanitation. 13 ‘‘(D) Restaurant ownership, food prepara- 14 tion, vending, catering, food packaging, food 15 services, or delivery. 16 ‘‘(E) Hotel or retail. 17 ‘‘(F) Fish, poultry, and meat processing 18 work. 19 ‘‘(G) Agricultural work, including labor 20 that is seasonal in nature. 21 ‘‘(H) Commercial or residential land- 22 scaping. 23 ‘‘(I) Commercial or residential construction 24 or renovation. 25 VerDate Sep 11 2014 21:15 May 11, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1909.IH H1909 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1909 IH ‘‘(J) Housing, residential, and commercial 1 construction related activities or public works 2 construction. 3 ‘‘(K) Domestic work in private households, 4 including child care, home care, or house clean- 5 ing. 6 ‘‘(L) Natural disaster recovery, disaster re- 7 construction, and related construction. 8 ‘‘(M) Home and community-based work, 9 including— 10 ‘‘(i) home health care; 11 ‘‘(ii) residential care; 12 ‘‘(iii) assistance with activities of daily 13 living; 14 ‘‘(iv) any service provided by direct 15 care workers (as defined in section 799B 16 of the Public Health Service Act (42 17 U.S.C. 295p)), personal care aides, job 18 coaches, or supported employment pro- 19 viders; and 20 ‘‘(v) any other provision of care to in- 21 dividuals in their homes by direct service 22 providers, personal care attendants, and 23 home health aides. 24 VerDate Sep 11 2014 21:15 May 11, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1909.IH H1909 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1909 IH ‘‘(N) Family care, including child care 1 services, in-home child care services such as 2 nanny services, and care services provided by 3 family members to other family members. 4 ‘‘(O) Manufacturing. 5 ‘‘(P) Warehousing. 6 ‘‘(Q) Transportation or logistics. 7 ‘‘(R) Janitorial. 8 ‘‘(S) Laundromat and dry-cleaning opera- 9 tors. 10 ‘‘(T) Any other work in ‘essential critical 11 infrastructure labor or services’, as described in 12 the memorandum of the Department of Home- 13 land Security entitled ‘Advisory Memorandum 14 on Identification of Essential Critical Infra- 15 structure Workers During COVID–19 Re- 16 sponse’ issued on March 28, 2020 (as revised), 17 on any date during the period described in sub- 18 section (i). 19 ‘‘(U) Any other work that a State or local 20 government considers to be essential during the 21 emergency referred to in subsection (i). 22 ‘‘(2) CERTAIN OTHER ELIGIBLE ALIENS.—An 23 alien not described in paragraph (1)— 24 ‘‘(A) shall— 25 VerDate Sep 11 2014 21:15 May 11, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1909.IH H1909 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 1909 IH ‘‘(i)(I) have earned income in any sec- 1 tor, industry, or occupation described in 2 that paragraph on any date during the pe- 3 riod described in subsection (i) but was un- 4 able to continue that work through no 5 fault of the alien, including because the 6 working conditions posed a high degree of 7 risk to the alien’s health and safety; and 8 ‘‘(II) have been seeking to resume 9 work in any such sector, industry, or occu- 10 pation; 11 ‘‘(B) is the surviving parent, spouse, son, 12 or daughter of an alien who— 13 ‘‘(i) performed any service or labor for 14 remuneration in any sector, industry, or 15 occupation described in that paragraph on 16 any date during the period described in 17 subsection (i); and 18 ‘‘(ii) died due to COVID–19; or 19 ‘‘(C) is the parent, spouse, son, or daugh- 20 ter of a member of the Armed Forces, including 21 the National Guard. 22 ‘‘(3) PHYSICAL PRESENCE.— 23 ‘‘(A) DATE OF SUBMITTAL OF APPLICA- 24 TION.—The alien shall be physically present in 25 VerDate Sep 11 2014 21:15 May 11, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1909.IH H1909 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 1909 IH the United States on the date on which the ap- 1 plication is submitted. 2 ‘‘(B) CONTINUOUS PHYSICAL PRESENCE.— 3 ‘‘(i) IN GENERAL.—Except as pro- 4 vided in clause (ii), the alien shall have 5 been continuously physically present in the 6 United States beginning on January 1, 7 2021, and ending on the date on which the 8 application is approved. 9 ‘‘(ii) EXCEPTIONS.— 10 ‘‘(I) AUTHORIZED ABSENCE.—An 11 alien who departed temporarily from 12 the United States shall not be consid- 13 ered to have failed to maintain contin- 14 uous physical presence in the United 15 States during any period of travel 16 that was authorized by the Secretary. 17 ‘‘(II) BRIEF, CASUAL, AND INNO- 18 CENT ABSENCES.— 19 ‘‘(aa) IN GENERAL.—An 20 alien who departed temporarily 21 from the United States shall not 22 be considered to have failed to 23 maintain continuous physical 24 presence in the United States if 25 VerDate Sep 11 2014 21:15 May 11, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1909.IH H1909 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 1909 IH the alien’s absences from the 1 United States are brief, casual, 2 and innocent, whether or not 3 such absences were authorized by 4 the Secretary. 5 ‘‘(bb) ABSENCES MORE 6 THAN 180 DAYS.—For purposes 7 of this clause, an absence of more 8 than 180 days, in the aggregate, 9 during a calendar year shall not 10 be considered brief, unless the 11 Secretary finds that the length of 12 the absence was due to cir- 13 cumstances beyond the alien’s 14 control, including the serious ill- 15 ness of the alien, death or serious 16 illness of a spouse, parent, 17 grandparent, grandchild, sibling, 18 son, or daughter of the alien, or 19 due to international travel re- 20 strictions. 21 ‘‘(iii) EFFECT OF NOTICE TO AP- 22 PEAR.—Issuance of a notice to appear 23 under section 239(a) shall not be consid- 24 ered to interrupt the continuity of a alien’s 25 VerDate Sep 11 2014 21:15 May 11, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1909.IH H1909 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 1909 IH continuous physical presence in the United 1 States. 2 ‘‘(c) GROUNDS FOR INELIGIBILITY.— 3 ‘‘(1) CERTAIN GROUNDS OF INADMIS- 4 SIBILITY.— 5 ‘‘(A) IN GENERAL.—Subject to subpara- 6 graph (B), an alien shall be ineligible for status 7 under this section if the alien— 8 ‘‘(i) is inadmissible under paragraph 9 (2), (3), (6)(E), (8), (10)(C), or (10)(E) of 10 section 212(a); 11 ‘‘(ii) has been convicted of a felony of- 12 fense (excluding any offense under State 13 law for which an essential element in the 14 alien’s immigration status); or 15 ‘‘(iii) has been convicted of 3 or more 16 misdemeanor offenses (excluding simple 17 possession of cannabis or cannabis-related 18 paraphernalia, any offense involving can- 19 nabis or cannabis-related paraphernalia 20 that is no longer prosecutable in the State 21 in which the conviction was entered, any 22 offense under State law for which an es- 23 sential element is the alien’s immigration 24 status, any offense involving civil disobe- 25 VerDate Sep 11 2014 21:15 May 11, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1909.IH H1909 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 1909 IH dience without violence, and any minor 1 traffic offense) not occurring on the same 2 date, and not arising out of the same act, 3 omission, or scheme of misconduct. 4 ‘‘(B) WAIVERS.— 5 ‘‘(i) IN GENERAL.—For purposes of 6 subparagraph (A), the Secretary may, for 7 humanitarian purposes, family unity, or if 8 otherwise in the public interest— 9 ‘‘(I) waive inadmissibility 10 under— 11 ‘‘(aa) subparagraphs (A), 12 (C), and (D) of section 13 212(a)(2); and 14 ‘‘(bb) paragraphs (6)(E), 15 (8), (10)(C), and (10)(E) of such 16 section; 17 ‘‘(II) waive ineligibility under 18 subparagraph (A)(ii) (excluding of- 19 fenses described in section 20 101(a)(43)(A)) or inadmissibility 21 under subparagraph (B) of section 22 212(a)(2) if the alien has not been 23 convicted of any offense during the 24 10-year period preceding the date on 25 VerDate Sep 11 2014 21:15 May 11, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1909.IH H1909 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 1909 IH which the alien applies for status 1 under this section; and 2 ‘‘(III) for purposes of subpara- 3 graph (A)(iii), waive consideration 4 of— 5 ‘‘(aa) 1 misdemeanor offense 6 if, during the 5-year period pre- 7 ceding the date on which the 8 alien applies for status under this 9 section the alien has not been 10 convicted of any offense; or 11 ‘‘(bb) 2 misdemeanor of- 12 fenses if, during the 10-year pe- 13 riod preceding such date, the 14 alien has not been convicted of 15 any offense. 16 ‘‘(ii) CONSIDERATIONS.—In making a 17 determination under subparagraph (B), 18 the Secretary of Homeland Security or the 19 Attorney General shall consider all miti- 20 gating and aggravating factors, includ- 21 ing— 22 ‘‘(I) the severity of the under- 23 lying circumstances, conduct, or viola- 24 tion; 25 VerDate Sep 11 2014 21:15 May 11, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1909.IH H1909 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 1909 IH ‘‘(II) the duration of the alien’s 1 residence in the United States; 2 ‘‘(III) evidence of rehabilitation, 3 if applicable; and 4 ‘‘(IV) the extent to which the 5 alien’s removal, or the denial of the 6 alien’s application, would adversely af- 7 fect the alien or the alien’s United 8 States citizen or lawful permanent 9 resident family members. 10 ‘‘(2) ALIENS IN CERTAIN IMMIGRATION 11 STATUSES.—An alien shall be ineligible for adjust- 12 ment of status under this section if, on January 1, 13 2021, the alien was any of the following: 14 ‘‘(A) An alien lawfully admitted for perma- 15 nent residence. 16 ‘‘(B) An alien admitted as a refugee under 17 section 207 or granted asylum under section 18 208. 19 ‘‘(C) An alien who, according to the 20 records of the Secretary or the Secretary of 21 State, was in a period of authorized stay in a 22 nonimmigrant status described in section 23 101(a)(15), other than— 24 VerDate Sep 11 2014 21:15 May 11, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1909.IH H1909 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 1909 IH ‘‘(i) the spouse, son, or daughter of an 1 alien who is eligible for status under this 2 section; 3 ‘‘(ii) an alien who is considered to be 4 in a nonimmigrant status solely by reason 5 of section 702 of the Consolidated Natural 6 Resources Act of 2008 (Public Law 110– 7 229; 122 Stat. 854) or section 244(f)(4) of 8 this Act; and 9 ‘‘(iii) a nonimmigrant described in 10 section 101(a)(15)(H)(ii). 11 ‘‘(iv) a nonimmigrant who is described 12 in subsection (b). 13 ‘‘(D) An alien paroled into the Common- 14 wealth of the Northern Mariana Islands or 15 Guam who did not reside in the Commonwealth 16 or Guam on November 28, 2009. 17 ‘‘(3) CERTAIN ALIENS OUTSIDE THE UNITED 18 STATES AND UNLAWFUL REENTRANTS.—An alien 19 shall be ineligible for adjustment of status under 20 this section if the alien— 21 ‘‘(A) departed the United States while sub- 22 ject to an order of exclusion, deportation, re- 23 moval, or voluntary departure; and 24 VerDate Sep 11 2014 21:15 May 11, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H1909.IH H1909 pamtmann on DSKBC07HB2PROD with BILLS 14 •HR 1909 IH ‘‘(B)(i) was outside the United States on 1 January 1, 2021; or 2 ‘‘(ii) reentered the United Stat [Text truncated for display. 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