American Promise Act of 2019

IB Union Calendar No. 72 116TH CONGRESS 1ST SESSION H. R. 2821 [Report No. 116–97] To authorize the cancellation of removal and adjustment of status of certain nationals of certain countries designated for temporary protected status or deferred enforced departure, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 17, 2019 Ms. VELA´ZQUEZ (for herself and Ms. CLARKE of New York) 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 00:12 May 31, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H2821.RH H2821 kjohnson on DSK79L0C42 with BILLS 2 •HR 2821 RH A BILL To authorize the cancellation of removal and adjustment of status of certain nationals of certain countries des- ignated for temporary protected status or deferred en- forced departure, and for other purposes. VerDate Sep 11 2014 00:12 May 31, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H2821.RH H2821 kjohnson on DSK79L0C42 with BILLS 3 •HR 2821 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 ‘‘American Promise Act 4 of 2019’’. 5 TITLE I—TREATMENT OF CER- 6 TAIN NATIONALS OF CERTAIN 7 COUNTRIES DESIGNATED FOR 8 TEMPORARY PROTECTED STA- 9 TUS OR DEFERRED EN- 10 FORCED DEPARTURE 11 SEC. 101. ADJUSTMENT OF STATUS FOR CERTAIN NATION- 12 ALS OF CERTAIN COUNTRIES DESIGNATED 13 FOR TEMPORARY PROTECTED STATUS OR DE- 14 FERRED ENFORCED DEPARTURE. 15 (a) IN GENERAL.—Notwithstanding any other provi- 16 sion of law, the Secretary or the Attorney General shall can- 17 cel the removal of, and adjust to the status of an alien law- 18 fully admitted for permanent residence, an alien described 19 in subsection (b) if the alien— 20 (1) applies for such adjustment, including sub- 21 mitting any required documents under section 207, 22 not later than 3 years after the date of the enactment 23 of this Act; 24 VerDate Sep 11 2014 00:12 May 31, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H2821.RH H2821 kjohnson on DSK79L0C42 with BILLS 4 •HR 2821 RH (2) has been continuously physically present in 1 the United States for a period of not less than 3 years 2 before the date of the enactment of this Act; and 3 (3) is not inadmissible under paragraph (1), (2), 4 (3), (6)(D), (6)(E), (6)(F), (6)(G), (8), or (10) of sec- 5 tion 212(a) of the Immigration and Nationality Act 6 (8 U.S.C. 1182(a)). 7 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA- 8 TUS.—An alien shall be eligible for adjustment of status 9 under this section if the alien is an individual— 10 (1) who— 11 (A) is a national of a foreign state (or part 12 thereof) (or in the case of an alien having no na- 13 tionality, is a person who last habitually resided 14 in such state) with a designation under sub- 15 section (b) of section 244 of the Immigration and 16 Nationality Act (8 U.S.C. 1254a(b)) on January 17 1, 2017, who had or was otherwise eligible for 18 temporary protected status on such date notwith- 19 standing subsections (c)(1)(A)(iv) and (c)(3)(C) 20 of such section; and 21 (B) has not engaged in conduct since such 22 date that would render the alien ineligible for 23 temporary protected status under section 24 VerDate Sep 11 2014 00:12 May 31, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H2821.RH H2821 kjohnson on DSK79L0C42 with BILLS 5 •HR 2821 RH 244(c)(2) of the Immigration and Nationality 1 Act (8 U.S.C. 1245a(c)(2)); or 2 (2) who was eligible for Deferred Enforced De- 3 parture as of January 1, 2017, and has not engaged 4 in conduct since that date that would render the alien 5 ineligible for Deferred Enforced Departure. 6 (c) APPLICATION.— 7 (1) FEE.—The Secretary shall, subject to an ex- 8 emption under section 203(c), require an alien apply- 9 ing for adjustment of status under this section to pay 10 a reasonable fee that is commensurate with the cost 11 of processing the application, but does not exceed 12 $1,140. 13 (2) BACKGROUND CHECKS.—The Secretary may 14 not grant an alien permanent resident status on a 15 conditional basis under this section until the require- 16 ments of section 202 are satisfied. 17 (3) WITHDRAWAL OF APPLICATION.—The Sec- 18 retary of Homeland Security shall, upon receipt of a 19 request to withdraw an application for adjustment of 20 status under this section, cease processing of the ap- 21 plication and close the case. Withdrawal of the appli- 22 cation under this subsection shall not prejudice any 23 future application filed by the applicant for any im- 24 VerDate Sep 11 2014 00:12 May 31, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H2821.RH H2821 kjohnson on DSK79L0C42 with BILLS 6 •HR 2821 RH migration benefit under this Act or under the Immi- 1 gration and Nationality Act (8 U.S.C. 1101 et seq). 2 TITLE II—GENERAL PROVISIONS 3 SEC. 201. DEFINITIONS. 4 (a) IN GENERAL.—In this Act: 5 (1) IN GENERAL.—Except as otherwise specifi- 6 cally provided, any term used in this Act that is used 7 in the immigration laws shall have the meaning given 8 such term in the immigration laws. 9 (2) DISABILITY.—The term ‘‘disability’’ has the 10 meaning given such term in section 3(1) of the Amer- 11 icans with Disabilities Act of 1990 (42 U.S.C. 12 12102(1)). 13 (3) FEDERAL POVERTY LINE.—The term ‘‘Fed- 14 eral poverty line’’ has the meaning given such term 15 in section 213A(h) of the Immigration and Nation- 16 ality Act (8 U.S.C. 1183a). 17 (4) IMMIGRATION LAWS.—The term ‘‘immigra- 18 tion laws’’ has the meaning given such term in sec- 19 tion 101(a)(17) of the Immigration and Nationality 20 Act (8 U.S.C. 1101(a)(17)). 21 (5) SECRETARY.—Except as otherwise specifi- 22 cally provided, the term ‘‘Secretary’’ means the Sec- 23 retary of Homeland Security. 24 VerDate Sep 11 2014 00:12 May 31, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H2821.RH H2821 kjohnson on DSK79L0C42 with BILLS 7 •HR 2821 RH (6) UNIFORMED SERVICES.—The term ‘‘Uni- 1 formed Services’’ has the meaning given the term 2 ‘‘uniformed services’’ in section 101(a) of title 10, 3 United States Code. 4 (b) TREATMENT OF EXPUNGED CONVICTIONS.—For 5 purposes of adjustment of status under this Act, the terms 6 ‘‘convicted’’ and ‘‘conviction’’, as used in sections 212 and 7 244 of the Immigration and Nationality Act (8 U.S.C. 8 1182, 1254a), do not include a judgment that has been ex- 9 punged or set aside, that resulted in a rehabilitative dis- 10 position, or the equivalent. 11 SEC. 202. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 12 DATA; BACKGROUND CHECKS. 13 (a) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 14 DATA.—The Secretary may not grant an alien adjustment 15 of status under this Act unless the alien submits biometric 16 and biographic data, in accordance with procedures estab- 17 lished by the Secretary. The Secretary shall provide an al- 18 ternative procedure for aliens who are unable to provide 19 such biometric or biographic data because of a physical im- 20 pairment. 21 (b) BACKGROUND CHECKS.—The Secretary shall use 22 biometric, biographic, and other data that the Secretary de- 23 termines appropriate to conduct security and law enforce- 24 ment background checks and to determine whether there is 25 VerDate Sep 11 2014 00:12 May 31, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H2821.RH H2821 kjohnson on DSK79L0C42 with BILLS 8 •HR 2821 RH any criminal, national security, or other factor that would 1 render the alien ineligible for adjustment of status under 2 this Act. The status of an alien may not be adjusted unless 3 security and law enforcement background checks are com- 4 pleted to the satisfaction of the Secretary. 5 SEC. 203. LIMITATION ON REMOVAL; APPLICATION AND FEE 6 EXEMPTION; WAIVER OF GROUNDS FOR INAD- 7 MISSIBILITY AND OTHER CONDITIONS ON EL- 8 IGIBLE INDIVIDUALS. 9 (a) LIMITATION ON REMOVAL.—An alien who appears 10 to be prima facie eligible for relief under this Act shall be 11 given a reasonable opportunity to apply for such relief and 12 may not be removed until, subject to section 206(c), a final 13 decision establishing ineligibility for relief is rendered. 14 (b) APPLICATION.—An alien present in the United 15 States who has been ordered removed or has been permitted 16 to depart voluntarily from the United States may, notwith- 17 standing such order or permission to depart, apply for ad- 18 justment of status under this Act. Such alien shall not be 19 required to file a separate motion to reopen, reconsider, or 20 vacate the order of removal. If the Secretary approves the 21 application, the Secretary shall cancel the order of removal. 22 If the Secretary renders a final administrative decision to 23 deny the application, the order of removal or permission 24 to depart shall be effective and enforceable to the same extent 25 VerDate Sep 11 2014 00:12 May 31, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H2821.RH H2821 kjohnson on DSK79L0C42 with BILLS 9 •HR 2821 RH as if the application had not been made, only after all 1 available administrative and judicial remedies have been 2 exhausted. 3 (c) FEE EXEMPTION.—An applicant may be exempted 4 from paying an application fee required under this Act if 5 the applicant— 6 (1) is younger than 18 years of age; 7 (2) received total income, during the 12-month 8 period immediately preceding the date on which the 9 applicant files an application under this Act, that is 10 less than 150 percent of the Federal poverty line; 11 (3) is in foster care or otherwise lacks any pa- 12 rental or other familial support; or 13 (4) cannot care for himself or herself because of 14 a serious, chronic disability. 15 (d) WAIVER OF GROUNDS OF INADMISSIBILITY.— 16 (1) IN GENERAL.—Except as provided in para- 17 graph (2), with respect to any benefit under this Act, 18 and in addition to any waivers that are otherwise 19 available, the Secretary may waive the grounds of in- 20 admissibility under paragraph (1), subparagraphs 21 (A), (C), and (D) of paragraph (2), subparagraphs 22 (D) through (G) of paragraph (6), or paragraph 23 (10)(D) of section 212(a) of the Immigration and Na- 24 tionality Act (8 U.S.C. 1182(a)) for humanitarian 25 VerDate Sep 11 2014 00:12 May 31, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H2821.RH H2821 kjohnson on DSK79L0C42 with BILLS 10 •HR 2821 RH purposes, for family unity, or because the waiver is 1 otherwise in the public interest. 2 (2) EXCEPTION.—The Secretary may not waive 3 a ground described in paragraph (1) if such inadmis- 4 sibility is based on a conviction or convictions, and 5 such conviction or convictions would otherwise render 6 the alien ineligible under section 244(c)(2)(B) of the 7 Immigration and Nationality Act (8 U.S.C. 8 1254a(c)(2)(B)). 9 (e) ADVANCE PAROLE.—During the period beginning 10 on the date on which an alien applies for adjustment of 11 status under this Act and ending on the date on which the 12 Secretary makes a final decision regarding such applica- 13 tion, the alien shall be eligible to apply for advance parole. 14 Section 101(g) of the Immigration and Nationality Act (8 15 U.S.C. 1101(g)) shall not apply to an alien granted ad- 16 vance parole under this section. 17 (f) EMPLOYMENT.—An alien whose removal is stayed 18 pursuant to this Act, or who has pending an application 19 under this Act, shall, upon application to the Secretary, 20 be granted an employment authorization document. 21 SEC. 204. DETERMINATION OF CONTINUOUS PRESENCE. 22 (a) EFFECT OF NOTICE TO APPEAR.—Any period of 23 continuous physical presence in the United States of an 24 alien who applies for adjustment of status under this Act 25 VerDate Sep 11 2014 00:12 May 31, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H2821.RH H2821 kjohnson on DSK79L0C42 with BILLS 11 •HR 2821 RH shall not terminate when the alien is served a notice to ap- 1 pear under section 239(a) of the Immigration and Nation- 2 ality Act (8 U.S.C. 1229(a)). 3 (b) TREATMENT OF CERTAIN BREAKS IN PRESENCE.— 4 (1) IN GENERAL.—Except as provided in para- 5 graphs (2) and (3), an alien shall be considered to 6 have failed to maintain continuous physical presence 7 in the United States under this Act if the alien has 8 departed from the United States for any period ex- 9 ceeding 90 days or for any periods, in the aggregate, 10 exceeding 180 days. 11 (2) EXTENSIONS FOR EXTENUATING CIR- 12 CUMSTANCES.—The Secretary may extend the time 13 periods described in paragraph (1) for an alien who 14 demonstrates that the failure to timely return to the 15 United States was due to extenuating circumstances 16 beyond the alien’s control, including the serious ill- 17 ness of the alien, or death or serious illness of a par- 18 ent, grandparent, sibling, or child of the alien. 19 (3) TRAVEL AUTHORIZED BY THE SECRETARY.— 20 Any period of travel outside of the United States by 21 an alien that was authorized by the Secretary may 22 not be counted toward any period of departure from 23 the United States under paragraph (1). 24 VerDate Sep 11 2014 00:12 May 31, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H2821.RH H2821 kjohnson on DSK79L0C42 with BILLS 12 •HR 2821 RH (c) WAIVER OF PHYSICAL PRESENCE.—With respect to 1 aliens who were removed or departed the United States on 2 or after January 20, 2017, and who were continuously 3 physically present in the United States for at least 3 years 4 prior to such removal or departure, the Secretary may, as 5 a matter of discretion, waive the physical presence require- 6 ment under section 101(a)(2) for humanitarian purposes, 7 for family unity, or because a waiver is otherwise in the 8 public interest. The Secretary, in consultation with the Sec- 9 retary of State, shall establish a procedure for such aliens 10 to apply for relief under section 101 from outside the United 11 States if they would have been eligible for relief under such 12 section, but for their removal or departure. 13 SEC. 205. EXEMPTION FROM NUMERICAL LIMITATIONS. 14 Nothing in this Act or in any other law may be con- 15 strued to apply a numerical limitation on the number of 16 aliens who may be granted permanent resident status under 17 this Act. 18 SEC. 206. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL 19 REVIEW. 20 (a) ADMINISTRATIVE REVIEW.—Not later than 30 21 days after the date of the enactment of thi [Text truncated for display. Full text available on Congress.gov.]