Dream Act of 2019

IB Union Calendar No. 73 116TH CONGRESS 1ST SESSION H. R. 2820 [Report No. 116–98] To authorize the cancellation of removal and adjustment of status of certain individuals who are long-term United States residents and entered the United States as children, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 17, 2019 Ms. ROYBAL-ALLARD introduced the following bill; which was referred to the Committee on the Judiciary MAY 30, 2019 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on May 17, 2019] VerDate Sep 11 2014 21:50 May 30, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H2820.RH H2820 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 2820 RH A BILL To authorize the cancellation of removal and adjustment of status of certain individuals who are long-term United States residents and entered the United States as chil- dren, and for other purposes. VerDate Sep 11 2014 21:50 May 30, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H2820.RH H2820 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 2820 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Dream Act of 2019’’. 4 TITLE I—TREATMENT OF CER- 5 TAIN LONG-TERM RESIDENTS 6 WHO ENTERED THE UNITED 7 STATES AS CHILDREN 8 SEC. 101. PERMANENT RESIDENT STATUS ON A CONDI- 9 TIONAL BASIS FOR CERTAIN LONG-TERM 10 RESIDENTS WHO ENTERED THE UNITED 11 STATES AS CHILDREN. 12 (a) CONDITIONAL BASIS FOR STATUS.—Notwith- 13 standing any other provision of law, and except as provided 14 in section 103(c)(2), an alien shall be considered, at the 15 time of obtaining the status of an alien lawfully admitted 16 for permanent residence under this section, to have obtained 17 such status on a conditional basis subject to the provisions 18 of this Act. 19 (b) REQUIREMENTS.— 20 (1) IN GENERAL.—Notwithstanding any other 21 provision of law, the Secretary or the Attorney Gen- 22 eral shall cancel the removal of, and adjust to the sta- 23 tus of an alien lawfully admitted for permanent resi- 24 dence on a conditional basis, or without the condi- 25 VerDate Sep 11 2014 21:50 May 30, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H2820.RH H2820 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 2820 RH tional basis as provided in section 103(c)(2), an alien 1 who is inadmissible or deportable from the United 2 States (or is under a grant of Deferred Enforced De- 3 parture or has temporary protected status under sec- 4 tion 244 of the Immigration and Nationality Act (8 5 U.S.C. 1254a)) if— 6 (A) the alien has been continuously phys- 7 ically present in the United States since the date 8 that is 4 years before the date of the enactment 9 of this Act; 10 (B) the alien was younger than 18 years of 11 age on the date on which the alien entered the 12 United States and has continuously resided in 13 the United States since such entry; 14 (C) the alien— 15 (i) subject to section 203(d), is not in- 16 admissible under paragraph (1), (6)(E), 17 (6)(G), (8), or (10) of section 212(a) of the 18 Immigration and Nationality Act (8 U.S.C. 19 1182(a)); 20 (ii) has not ordered, incited, assisted, 21 or otherwise participated in the persecution 22 of any person on account of race, religion, 23 nationality, membership in a particular so- 24 cial group, or political opinion; and 25 VerDate Sep 11 2014 21:50 May 30, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H2820.RH H2820 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 2820 RH (iii) is not barred from adjustment of 1 status under this Act based on the criminal 2 and national security grounds described 3 under subsection (c), subject to the provi- 4 sions of such subsection; and 5 (D) the alien— 6 (i) has been admitted to an institution 7 of higher education; 8 (ii) has been admitted to an area ca- 9 reer and technical education school at the 10 postsecondary level; 11 (iii) in the United States, has ob- 12 tained— 13 (I) a high school diploma or a 14 commensurate alternative award from 15 a public or private high school; 16 (II) a General Education Devel- 17 opment credential, a high school 18 equivalency diploma recognized under 19 State law, or another similar State-au- 20 thorized credential; 21 (III) a credential or certificate 22 from an area career and technical edu- 23 cation school at the secondary level; or 24 VerDate Sep 11 2014 21:50 May 30, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H2820.RH H2820 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 2820 RH (IV) a recognized postsecondary 1 credential; or 2 (iv) is enrolled in secondary school or 3 in an education program assisting students 4 in— 5 (I) obtaining a high school di- 6 ploma or its recognized equivalent 7 under State law; 8 (II) passing the General Edu- 9 cation Development test, a high school 10 equivalence diploma examination, or 11 other similar State-authorized exam; 12 (III) obtaining a certificate or 13 credential from an area career and 14 technical education school providing 15 education at the secondary level; or 16 (IV) obtaining a recognized post- 17 secondary credential. 18 (2) APPLICATION FEE.— 19 (A) IN GENERAL.—The Secretary may, sub- 20 ject to an exemption under section 203(c), re- 21 quire an alien applying under this section to 22 pay a reasonable fee that is commensurate with 23 the cost of processing the application but does 24 not exceed $495.00. 25 VerDate Sep 11 2014 21:50 May 30, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H2820.RH H2820 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 2820 RH (B) SPECIAL PROCEDURE FOR APPLICANTS 1 WITH DACA.—The Secretary shall establish a 2 streamlined procedure for aliens who have been 3 granted DACA and who meet the requirements 4 for renewal (under the terms of the program in 5 effect on January 1, 2017) to apply for cancella- 6 tion of removal and adjustment of status to that 7 of an alien lawfully admitted for permanent res- 8 idence on a conditional basis under this section, 9 or without the conditional basis as provided in 10 section 103(c)(2). Such procedure shall not in- 11 clude a requirement that the applicant pay a fee, 12 except that the Secretary may require an appli- 13 cant who meets the requirements for lawful per- 14 manent residence without the conditional basis 15 under section 103(c)(2) to pay a fee that is com- 16 mensurate with the cost of processing the appli- 17 cation, subject to the exemption under section 18 203(c). 19 (3) BACKGROUND CHECKS.—The Secretary may 20 not grant an alien permanent resident status on a 21 conditional basis under this section until the require- 22 ments of section 202 are satisfied. 23 (4) MILITARY SELECTIVE SERVICE.—An alien 24 applying for permanent resident status on a condi- 25 VerDate Sep 11 2014 21:50 May 30, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H2820.RH H2820 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 2820 RH tional basis under this section, or without the condi- 1 tional basis as provided in section 103(c)(2), shall es- 2 tablish that the alien has registered under the Mili- 3 tary Selective Service Act (50 U.S.C. 3801 et seq.), if 4 the alien is subject to registration under such Act. 5 (c) CRIMINAL AND NATIONAL SECURITY BARS.— 6 (1) GROUNDS OF INELIGIBILITY.—Except as pro- 7 vided in paragraph (2), an alien is ineligible for ad- 8 justment of status under this Act (whether on a condi- 9 tional basis or without the conditional basis as pro- 10 vided in section 103(c)(2)) if any of the following 11 apply: 12 (A) The alien is inadmissible under para- 13 graph (2) or (3) of section 212(a) of the Immi- 14 gration and Nationality Act (8 U.S.C. 1182(a)). 15 (B) Excluding any offense under State law 16 for which an essential element is the alien’s im- 17 migration status, and any minor traffic offense, 18 the alien has been convicted of— 19 (i) any felony offense; 20 (ii) 3 or more misdemeanor offenses 21 (excluding simple possession of cannabis or 22 cannabis-related paraphernalia, any offense 23 involving cannabis or cannabis-related par- 24 aphernalia which is no longer prosecutable 25 VerDate Sep 11 2014 21:50 May 30, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H2820.RH H2820 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 2820 RH in the State in which the conviction was en- 1 tered, and any offense involving civil dis- 2 obedience without violence) not occurring on 3 the same date, and not arising out of the 4 same act, omission, or scheme of mis- 5 conduct; or 6 (iii) a misdemeanor offense of domestic 7 violence, unless the alien demonstrates that 8 such crime is related to the alien having 9 been— 10 (I) a victim of domestic violence, 11 sexual assault, stalking, child abuse or 12 neglect, abuse or neglect in later life, or 13 human trafficking; 14 (II) battered or subjected to ex- 15 treme cruelty; or 16 (III) a victim of criminal activity 17 described in section 101(a)(15)(U)(iii) 18 of the Immigration and Nationality 19 Act (8 U.S.C. 1101(a)(15)(U)(iii)). 20 (2) WAIVERS FOR CERTAIN MISDEMEANORS.— 21 For humanitarian purposes, family unity, or if other- 22 wise in the public interest, the Secretary may— 23 (A) waive the grounds of inadmissibility 24 under subparagraphs (A), (C), and (D) of section 25 VerDate Sep 11 2014 21:50 May 30, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H2820.RH H2820 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 2820 RH 212(a)(2) of the Immigration and Nationality 1 Act (8 U.S.C. 1182(a)(2)), unless the conviction 2 forming the basis for inadmissibility would oth- 3 erwise render the alien ineligible under para- 4 graph (1)(B) (subject to subparagraph (B)); and 5 (B) for purposes of clauses (ii) and (iii) of 6 paragraph (1)(B), waive consideration of— 7 (i) one misdemeanor offense if the alien 8 has not been convicted of any offense in the 9 5-year period preceding the date on which 10 the alien applies for adjustment of status 11 under this Act; or 12 (ii) up to two misdemeanor offenses if 13 the alien has not been convicted of any of- 14 fense in the 10-year period preceding the 15 date on which the alien applies for adjust- 16 ment of status under this Act. 17 (3) AUTHORITY TO CONDUCT SECONDARY RE- 18 VIEW.— 19 (A) IN GENERAL.—Notwithstanding an 20 alien’s eligibility for adjustment of status under 21 this Act, and subject to the procedures described 22 in this paragraph, the Secretary of Homeland 23 Security may, as a matter of non-delegable dis- 24 cretion, provisionally deny an application for 25 VerDate Sep 11 2014 21:50 May 30, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H2820.RH H2820 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 2820 RH adjustment of status (whether on a conditional 1 basis or without the conditional basis as pro- 2 vided in section 103(c)(2)) if the Secretary, 3 based on clear and convincing evidence, which 4 shall include credible law enforcement informa- 5 tion, determines that the alien is described in 6 subparagraph (B) or (D). 7 (B) PUBLIC SAFETY.—An alien is described 8 in this subparagraph if— 9 (i) excluding simple possession of can- 10 nabis or cannabis-related paraphernalia, 11 any offense involving cannabis or cannabis- 12 related paraphernalia which is no longer 13 prosecutable in the State in which the con- 14 viction was entered, any offense under State 15 law for which an essential element is the 16 alien’s immigration status, any offense in- 17 volving civil disobedience without violence, 18 and any minor traffic offense, the alien— 19 (I) has been convicted of a mis- 20 demeanor offense punishable by a term 21 of imprisonment of more than 30 days; 22 or 23 (II) has been adjudicated delin- 24 quent in a State or local juvenile court 25 VerDate Sep 11 2014 21:50 May 30, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H2820.RH H2820 pamtmann on DSKBFK8HB2PROD with BILLS 12 •HR 2820 RH proceeding that resulted in a disposi- 1 tion ordering placement in a secure fa- 2 cility; and 3 (ii) the alien poses a significant and 4 continuing threat to public safety related to 5 such conviction or adjudication. 6 (C) PUBLIC SAFETY DETERMINATION.—For 7 purposes of subparagraph (B)(ii), the Secretary 8 shall consider the recency of the conviction or ad- 9 judication; the length of any imposed sentence or 10 placement; the nature and seriousness of the con- 11 viction or adjudication, including whether the 12 elements of the offense include the unlawful pos- 13 session or use of a deadly weapon to commit an 14 offense or other conduct intended to cause serious 15 bodily injury; and any mitigating factors per- 16 taining to the alien’s role in the commission of 17 the offense. 18 (D) GANG PARTICIPATION.—An alien is de- 19 scribed in this subparagraph if the alien has, 20 within the 5 years immediately preceding the 21 date of the application, knowingly, willfully, and 22 voluntarily participated in offenses committed 23 by a criminal street gang (as described in sub- 24 sections (a) and (c) of section 521 of title 18, 25 VerDate Sep 11 2014 21:50 May 30, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H2820.RH H2820 pamtmann on DSKBFK8HB2PROD with BILLS 13 •HR 2820 RH United States Code) with the intent to promote 1 or further the commission of such offenses. 2 (E) EVIDENTIARY LIMITATION.—For pur- 3 poses of subparagraph (D), allegations of gang 4 membership obtained from a State or Federal in- 5 house or local database, or a network of data- 6 bases used for the purpose of recording and shar- 7 ing activities of alleged gang members across law 8 enforcement agencies, shall not establish the par- 9 ticipation described in such paragraph. 10 (F) NOTICE.— 11 (i) IN GENERAL.—Prior to rendering a 12 discretionary decision under this para- 13 graph, the Secretary of Homeland Security 14 shall provide written notice of the intent to 15 provisionally deny the application to the 16 alien (or the alien’s counsel of record, if 17 any) by certified mail and, if an electronic 18 mail address is provided, by electronic mail 19 (or other form of electronic communication). 20 Such notice shall— 21 (I) articulate with specificity all 22 grounds for the preliminary deter- 23 mination, including the evidence relied 24 VerDate Sep 11 2014 21:50 May 30, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H2820.RH H2820 pamtmann on DSKBFK8HB2PROD with BI [Text truncated for display. 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