Citizenship for Essential Workers Act

II 118TH CONGRESS 1ST SESSION S. 1392 To amend the Immigration and Nationality Act to provide for the adjustment of status of essential workers, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 1, 2023 Mr. PADILLA (for himself, Mr. DURBIN, Mr. LUJA´N, Mr. BOOKER, Mrs. GILLIBRAND, Mr. MARKEY, Mr. BLUMENTHAL, Mr. WHITEHOUSE, Ms. WARREN, Mr. SANDERS, Ms. HIRONO, Ms. SMITH, and Ms. DUCKWORTH) introduced the following bill; which was read twice and re- ferred to the Committee 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Citizenship for Essen- 4 tial Workers Act’’. 5 VerDate Sep 11 2014 22:29 May 09, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1392.IS S1392 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1392 IS SEC. 2. ADJUSTMENT OF STATUS OF ESSENTIAL WORKERS. 1 (a) IN GENERAL.—Chapter 5 of title II of the Immi- 2 gration and Nationality Act (8 U.S.C. 1255 et seq.) is 3 amended by inserting after section 245A, the following: 4 ‘‘SEC. 245B. ADJUSTMENT OF STATUS FOR ESSENTIAL 5 WORKERS. 6 ‘‘(a) ADJUSTMENT OF STATUS FOR ESSENTIAL 7 WORKERS.—Notwithstanding any other provision of law, 8 the Secretary of Homeland Security (referred to in this 9 section as the ‘Secretary’) or the Attorney General shall 10 adjust to the status of an alien lawfully admitted for per- 11 manent residence— 12 ‘‘(1) an alien who— 13 ‘‘(A) satisfies the eligibility requirements 14 set forth in subsection (b); and 15 ‘‘(B) submits an application and satisfies 16 the criminal and national security background 17 checks and payment of applicable fees pursuant 18 to the procedures set forth in subsection (d); 19 and 20 ‘‘(2) the parents, spouse, sons, and daughters 21 of such alien. 22 ‘‘(b) ELIGIBILITY.—An alien applying for status 23 under subsection (a) shall satisfy the following require- 24 ments: 25 VerDate Sep 11 2014 22:29 May 09, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1392.IS S1392 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1392 IS ‘‘(1) ALIENS WORKING IN CERTAIN SECTORS, 1 INDUSTRIES, AND OCCUPATIONS.—Except as pro- 2 vided in paragraph (2), the alien shall have, at any 3 point during the period described in subsection (i), 4 earned income for work in any of the following pri- 5 vate, public, or nonprofit sectors, industries, or occu- 6 pations: 7 ‘‘(A) Health care. 8 ‘‘(B) Emergency response. 9 ‘‘(C) Sanitation. 10 ‘‘(D) Restaurant ownership, food prepara- 11 tion, vending, catering, food packaging, food 12 services, or delivery. 13 ‘‘(E) Hotel or retail. 14 ‘‘(F) Fish, poultry, and meat processing 15 work. 16 ‘‘(G) Agricultural work, including labor 17 that is seasonal in nature. 18 ‘‘(H) Commercial or residential land- 19 scaping. 20 ‘‘(I) Commercial or residential construction 21 or renovation. 22 ‘‘(J) Housing, residential, and commercial 23 construction related activities or public works 24 construction. 25 VerDate Sep 11 2014 22:29 May 09, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1392.IS S1392 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1392 IS ‘‘(K) Domestic work in private households, 1 including child care, home care, or house clean- 2 ing. 3 ‘‘(L) Natural disaster recovery, disaster re- 4 construction, and related construction. 5 ‘‘(M) Home and community-based work, 6 including— 7 ‘‘(i) home health care; 8 ‘‘(ii) residential care; 9 ‘‘(iii) assistance with activities of daily 10 living; 11 ‘‘(iv) any service provided by direct 12 care workers (as defined in section 799B 13 of the Public Health Service Act (42 14 U.S.C. 295p)), personal care aides, job 15 coaches, or supported employment pro- 16 viders; and 17 ‘‘(v) any other provision of care to in- 18 dividuals in their homes by direct service 19 providers, personal care attendants, and 20 home health aides. 21 ‘‘(N) Family care, including child care 22 services, in-home child care services such as 23 nanny services, and care services provided by 24 family members to other family members. 25 VerDate Sep 11 2014 22:29 May 09, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1392.IS S1392 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1392 IS ‘‘(O) Manufacturing. 1 ‘‘(P) Warehousing. 2 ‘‘(Q) Transportation or logistics. 3 ‘‘(R) Janitorial. 4 ‘‘(S) Laundromat and dry-cleaning opera- 5 tors. 6 ‘‘(T) Any other work performed by ‘essen- 7 tial critical infrastructure workers’, as described 8 in the memorandum of the Department of 9 Homeland Security entitled ‘Advisory Memo- 10 randum on Ensuring Essential Critical Infra- 11 structure Workers Ability to Work During the 12 COVID–19 Response’, which was originally 13 issued by the Director of the Cybersecurity and 14 Infrastructure Security Agency on March 19, 15 2020, and last updated on August 10, 2021. 16 ‘‘(U) Any other work that a State or local 17 government considers to be essential during the 18 emergency referred to in subsection (i). 19 ‘‘(2) CERTAIN OTHER ELIGIBLE ALIENS.—An 20 alien not described in paragraph (1)— 21 ‘‘(A) shall— 22 ‘‘(i)(I) have earned income in any sec- 23 tor, industry, or occupation described in 24 that paragraph on any date during the pe- 25 VerDate Sep 11 2014 22:29 May 09, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1392.IS S1392 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 1392 IS riod described in subsection (i) but was un- 1 able to continue that work through no 2 fault of the alien, including because the 3 working conditions posed a high degree of 4 risk to the alien’s health and safety; and 5 ‘‘(II) have been seeking to resume 6 work in any such sector, industry, or occu- 7 pation; 8 ‘‘(B) is the surviving parent, spouse, son, 9 or daughter of an alien who— 10 ‘‘(i) performed any service or labor for 11 remuneration in any sector, industry, or 12 occupation described in that paragraph on 13 any date during the period described in 14 subsection (i); and 15 ‘‘(ii) died due to COVID–19; or 16 ‘‘(C) is the parent, spouse, son, or daugh- 17 ter of a member of the Armed Forces, including 18 the National Guard. 19 ‘‘(3) PHYSICAL PRESENCE.— 20 ‘‘(A) DATE OF SUBMITTAL OF APPLICA- 21 TION.—The alien shall be physically present in 22 the United States on the date on which the ap- 23 plication is submitted. 24 ‘‘(B) CONTINUOUS PHYSICAL PRESENCE.— 25 VerDate Sep 11 2014 22:29 May 09, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1392.IS S1392 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 1392 IS ‘‘(i) IN GENERAL.—Except as pro- 1 vided in clause (ii), the alien shall have 2 been continuously physically present in the 3 United States beginning on January 1, 4 2023, and ending on the date on which the 5 application is approved. 6 ‘‘(ii) EXCEPTIONS.— 7 ‘‘(I) AUTHORIZED ABSENCE.—An 8 alien who departed temporarily from 9 the United States shall not be consid- 10 ered to have failed to maintain contin- 11 uous physical presence in the United 12 States during any period of travel 13 that was authorized by the Secretary. 14 ‘‘(II) BRIEF, CASUAL, AND INNO- 15 CENT ABSENCES.— 16 ‘‘(aa) IN GENERAL.—An 17 alien who departed temporarily 18 from the United States shall not 19 be considered to have failed to 20 maintain continuous physical 21 presence in the United States if 22 the alien’s absences from the 23 United States are brief, casual, 24 and innocent, whether or not 25 VerDate Sep 11 2014 22:29 May 09, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1392.IS S1392 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 1392 IS such absences were authorized by 1 the Secretary. 2 ‘‘(bb) ABSENCES MORE 3 THAN 180 DAYS.—For purposes 4 of this clause, an absence of more 5 than 180 days, in the aggregate, 6 during a calendar year shall not 7 be considered brief, unless the 8 Secretary finds that the length of 9 the absence was due to cir- 10 cumstances beyond the alien’s 11 control, including the serious ill- 12 ness of the alien, death or serious 13 illness of a spouse, parent, 14 grandparent, grandchild, sibling, 15 son, or daughter of the alien, or 16 due to international travel re- 17 strictions. 18 ‘‘(iii) EFFECT OF NOTICE TO AP- 19 PEAR.—Issuance of a notice to appear 20 under section 239(a) shall not be consid- 21 ered to interrupt the continuity of an 22 alien’s continuous physical presence in the 23 United States. 24 ‘‘(c) GROUNDS FOR INELIGIBILITY.— 25 VerDate Sep 11 2014 22:29 May 09, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1392.IS S1392 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •S 1392 IS ‘‘(1) CERTAIN GROUNDS OF INADMIS- 1 SIBILITY.— 2 ‘‘(A) IN GENERAL.—Subject to subpara- 3 graph (B), an alien shall be ineligible for status 4 under this section if the alien— 5 ‘‘(i) is inadmissible under paragraph 6 (2), (3), (6)(E), (8), (10)(C), or (10)(E) of 7 section 212(a); 8 ‘‘(ii) has been convicted of a felony of- 9 fense (excluding any offense under State 10 law for which an essential element in the 11 alien’s immigration status); or 12 ‘‘(iii) has been convicted of 3 or more 13 misdemeanor offenses (excluding simple 14 possession of cannabis or cannabis-related 15 paraphernalia, any offense involving can- 16 nabis or cannabis-related paraphernalia 17 that is no longer prosecutable in the State 18 in which the conviction was entered, any 19 offense under State law for which an es- 20 sential element is the alien’s immigration 21 status, any offense involving civil disobe- 22 dience without violence, and any minor 23 traffic offense) not occurring on the same 24 VerDate Sep 11 2014 22:29 May 09, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1392.IS S1392 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •S 1392 IS date, and not arising out of the same act, 1 omission, or scheme of misconduct. 2 ‘‘(B) WAIVERS.— 3 ‘‘(i) IN GENERAL.—For purposes of 4 subparagraph (A), the Secretary may, for 5 humanitarian purposes, family unity, or if 6 otherwise in the public interest— 7 ‘‘(I) waive inadmissibility 8 under— 9 ‘‘(aa) subparagraphs (A), 10 (C), and (D) of section 11 212(a)(2); and 12 ‘‘(bb) paragraphs (6)(E), 13 (8), (10)(C), and (10)(E) of such 14 section; 15 ‘‘(II) waive ineligibility under 16 subparagraph (A)(ii) (excluding of- 17 fenses described in section 18 101(a)(43)(A)) or inadmissibility 19 under subparagraph (B) of section 20 212(a)(2) if the alien has not been 21 convicted of any offense during the 22 10-year period preceding the date on 23 which the alien applies for status 24 under this section; and 25 VerDate Sep 11 2014 22:29 May 09, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1392.IS S1392 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •S 1392 IS ‘‘(III) for purposes of subpara- 1 graph (A)(iii), waive consideration 2 of— 3 ‘‘(aa) 1 misdemeanor offense 4 if, during the 5-year period pre- 5 ceding the date on which the 6 alien applies for status under this 7 section the alien has not been 8 convicted of any offense; or 9 ‘‘(bb) 2 misdemeanor of- 10 fenses if, during the 10-year pe- 11 riod preceding such date, the 12 alien has not been convicted of 13 any offense. 14 ‘‘(ii) CONSIDERATIONS.—In making a 15 determination under subparagraph (B), 16 the Secretary of Homeland Security or the 17 Attorney General shall consider all miti- 18 gating and aggravating factors, includ- 19 ing— 20 ‘‘(I) the severity of the under- 21 lying circumstances, conduct, or viola- 22 tion; 23 ‘‘(II) the duration of the alien’s 24 residence in the United States; 25 VerDate Sep 11 2014 22:29 May 09, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1392.IS S1392 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •S 1392 IS ‘‘(III) evidence of rehabilitation, 1 if applicable; and 2 ‘‘(IV) the extent to which the 3 alien’s removal, or the denial of the 4 alien’s application, would adversely af- 5 fect the alien or the alien’s United 6 States citizen or lawful permanent 7 resident family members. 8 ‘‘(2) ALIENS IN CERTAIN IMMIGRATION 9 STATUSES.—An alien shall be ineligible for adjust- 10 ment of status under this section if, on January 1, 11 2023, the alien was any of the following: 12 ‘‘(A) An alien lawfully admitted for perma- 13 nent residence. 14 ‘‘(B) An alien admitted as a refugee under 15 section 207 or granted asylum under section 16 208. 17 ‘‘(C) An alien who, according to the 18 records of the Secretary or the Secretary of 19 State, was in a period of authorized stay in a 20 nonimmigrant status described in section 21 101(a)(15), other than— 22 ‘‘(i) the spouse, son, or daughter of an 23 alien who is eligible for status under this 24 section; 25 VerDate Sep 11 2014 22:29 May 09, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1392.IS S1392 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •S 1392 IS ‘‘(ii) an alien who is considered to be 1 in a nonimmigrant status solely by reason 2 of section 702 of the Consolidated Natural 3 Resources Act of 2008 (Public Law 110– 4 229; 122 Stat. 854) or section 244(f)(4) of 5 this Act; 6 ‘‘(iii) a nonimmigrant described in 7 section 101(a)(15)(H)(ii); and 8 ‘‘(iv) a nonimmigrant who is described 9 in subsection (b). 10 ‘‘(D) An alien paroled into the Common- 11 wealth of the Northern Mariana Islands or 12 Guam who did not reside in the Commonwealth 13 or Guam on November 28, 2009. 14 ‘‘(3) CERTAIN ALIENS OUTSIDE THE UNITED 15 STATES AND UNLAWFUL REENTRANTS.—An alien 16 shall be ineligible for adjustment of status under 17 this section if the alien— 18 ‘‘(A) departed the United States while sub- 19 ject to an order of exclusion, deportation, re- 20 moval, or voluntary departure; and 21 ‘‘(B)(i) was outside the United States on 22 January 1, 2023; or 23 ‘‘(ii) reentered the United States unlaw- 24 fully after January 1, 2023. 25 VerDate Sep 11 2014 22:29 May 09, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1392.IS S1392 pbinns on DSKJLVW7X2PROD with $$_JOB 14 •S 1392 IS ‘‘(d) APPLICATION.— 1 ‘‘(1) FEE.— 2 ‘‘(A) IN GENERAL.—The Secretary shall, 3 subject to an exemption under subparagraph 4 (B), require an alien applying for adjustment of 5 status under this section to pay a reasonable 6 fee commensurate with the cost of processing 7 the application. 8 ‘‘(B) EXEMPTIONS.—An applicant may, in 9 the discretion of the Secretary, be exempted 10 from paying an application fee required under 11 this paragraph if the applicant— 12 ‘‘(i) received total income, during the 13 1-year period immediately pre [Text truncated for display. 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