< Back to S. 1291 (107th Congress, 2001–2002)

Text of the Development, Relief, and Education for Alien Minors Act

This bill was introduced on June 20, 2002, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jun 20, 2002 (Reported by Senate Committee).

Download PDF

Source: GPO

S 1291 RS

Calendar No. 425

107th CONGRESS

2d Session

S. 1291

To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine State residency for higher education purposes and to authorize the cancellation of removal and adjustment of status of certain alien college-bound students who are long-term United States residents.

IN THE SENATE OF THE UNITED STATES

August 1, 2001

Mr. HATCH (for himself and Ms. CANTWELL) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

June 20, 2002

Reported by Mr. LEAHY, with an amendment and an amendment to the title

[Strike out all after the enacting clause and insert the part printed in italic]


A BILL

To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine State residency for higher education purposes and to authorize the cancellation of removal and adjustment of status of certain alien college-bound students who are long-term United States residents.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

    [Struck out->] This Act may be cited as the ‘Development, Relief, and Education for Alien Minors Act’ or ‘DREAM Act’. [<-Struck out]

[Struck out->] SEC. 2. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES OF HIGHER EDUCATION BENEFITS. [<-Struck out]

    [Struck out->] Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat 3009-672; 8 U.S.C. 1623) is repealed. [<-Struck out]

[Struck out->] SEC. 3. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF CERTAIN LONG-TERM RESIDENT STUDENTS. [<-Struck out]

    [Struck out->] (a) SPECIAL RULE FOR CHILDREN IN QUALIFIED INSTITUTIONS OF HIGHER EDUCATION- [<-Struck out]

      [Struck out->] (1) IN GENERAL- Notwithstanding any other provision of law and subject to paragraph (2), the Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, subject to the conditional basis described in section 4, an alien who is inadmissible or deportable from the United States, if the alien demonstrates that-- [<-Struck out]

        [Struck out->] (A) the alien has applied for relief under this subsection not later than two years after the date of enactment of this Act; [<-Struck out]

        [Struck out->] (B) the alien has not, at the time of application, attained the age of 21; [<-Struck out]

        [Struck out->] (C) the alien, at the time of application, is attending an institution of higher education in the United States (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); [<-Struck out]

        [Struck out->] (D) the alien was physically present in the United States on the date of the enactment of this Act and has been physically present in the United States for a continuous period of not less than five years immediately preceding the date of enactment of this Act; [<-Struck out]

        [Struck out->] (E) the alien has been a person of good moral character during such period; and [<-Struck out]

        [Struck out->] (F) the alien is not inadmissible under section 212(a)(2) or 212(a)(3) or deportable under section 237(a)(2) or 237(a)(4). [<-Struck out]

      [Struck out->] (2) PROCEDURES- The Attorney General shall provide a procedure by regulation allowing eligible individuals to apply affirmatively for the relief available under this paragraph without being placed in removal proceedings. [<-Struck out]

    [Struck out->] (b) TERMINATION OF CONTINUOUS PERIOD- For purposes of this section, any period of continuous residence or continuous physical presence in the United States of an alien who applies for cancellation of removal under this section shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act. [<-Struck out]

    [Struck out->] (c) TREATMENT OF CERTAIN BREAKS IN PRESENCE- An alien shall be considered to have failed to maintain continuous physical presence in the United States under subsection (a) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days. [<-Struck out]

    [Struck out->] (d) STATUTORY CONSTRUCTION- Nothing in this section may be construed to apply a numerical limitation on the number of aliens who may be eligible for cancellation of removal or adjustment of status under this section. [<-Struck out]

    [Struck out->] (e) REGULATIONS- [<-Struck out]

      [Struck out->] (1) PROPOSED REGULATIONS- Not later than 90 days after the date of the enactment of this Act, the Attorney General shall publish proposed regulations implementing this section. [<-Struck out]

      [Struck out->] (2) INTERIM, FINAL REGULATIONS- Not later than 180 days after the date of the enactment of this Act, the Attorney General shall publish final regulations implementing this section. Such regulations shall be effective immediately on an interim basis, but are subject to change and revision after [<-Struck out]

[Struck out->] public notice and opportunity for a period for public comment. [<-Struck out]

[Struck out->] SEC. 4. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN LONG-TERM RESIDENT STUDENTS. [<-Struck out]

    [Struck out->] (a) IN GENERAL- [<-Struck out]

      [Struck out->] (1) CONDITIONAL BASIS FOR STATUS- Notwithstanding any other provision of this Act, an alien whose status has been adjusted under section 3 to that of an alien lawfully admitted for permanent residence shall be considered, at the time of obtaining the adjustment of status, to have obtained such status on a conditional basis subject to the provisions of this section. [<-Struck out]

      [Struck out->] (2) NOTICE OF REQUIREMENTS- [<-Struck out]

        [Struck out->] (A) AT TIME OF OBTAINING PERMANENT RESIDENCE- At the time an alien obtains permanent resident status on a conditional basis under paragraph (1), the Attorney General shall provide for notice to such alien respecting the provisions of this section and the requirements of subsection (c)(1) to have the conditional basis of such status removed. [<-Struck out]

        [Struck out->] (B) AT TIME OF REQUIRED PETITION- In addition, the Attorney General shall attempt to provide notice to such an alien, at or about the date of the alien’s graduation from an institution of higher education of the requirements of subsection (c)(1). [<-Struck out]

        [Struck out->] (C) EFFECT OF FAILURE TO PROVIDE NOTICE- The failure of the Attorney General to provide a notice under this paragraph shall not affect the enforcement of the provisions of this section with respect to such an alien. [<-Struck out]

    [Struck out->] (b) TERMINATION OF STATUS IF FINDING THAT QUALIFYING EDUCATION IMPROPER- [<-Struck out]

      [Struck out->] (1) IN GENERAL- In the case of an alien with permanent resident status on a conditional basis under subsection (a), if the Attorney General determines that the alien is no longer a student in good standing at an accredited institution of higher education, the Attorney General shall so notify the alien and, subject to paragraph (2), shall terminate the permanent resident status of the alien as of the date of the determination. [<-Struck out]

      [Struck out->] (2) HEARING IN REMOVAL PROCEEDING- Any alien whose permanent resident status is terminated under paragraph (1) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the alien to establish, by a preponderance of the evidence, that the condition described in paragraph (1) is not met. [<-Struck out]

    [Struck out->] (c) REQUIREMENTS OF TIMELY PETITION FOR REMOVAL OF CONDITION- [<-Struck out]

      [Struck out->] (1) IN GENERAL- In order for the conditional basis established under subsection (a) for an alien to be removed the alien must submit to the Attorney General, during the period described in subsection (d)(2), a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in subsection (d)(1). [<-Struck out]

      [Struck out->] (2) TERMINATION OF PERMANENT RESIDENT STATUS FOR FAILURE TO FILE PETITION- [<-Struck out]

        [Struck out->] (A) IN GENERAL- In the case of an alien with permanent resident status on a conditional basis under subsection (a), if no petition is filed with respect to the alien in accordance with the provisions of paragraph (1), the Attorney General shall terminate the permanent resident status of the alien as of the 90th day after the graduation of the alien from an institution of higher education. [<-Struck out]

        [Struck out->] (B) HEARING IN REMOVAL PROCEEDING- In any removal proceeding with respect to an alien whose permanent resident status is terminated under subparagraph (A), the burden of proof shall be on the alien to establish compliance with the condition of paragraph (1). [<-Struck out]

      [Struck out->] (3) DETERMINATION AFTER PETITION AND INTERVIEW- [<-Struck out]

        [Struck out->] (A) IN GENERAL- If a petition is filed in accordance with the provisions of paragraph (1), the Attorney General shall make a determination, within 90 days, as to whether the facts and information described in subsection (d)(1) and alleged in the petition are true with respect to the alien’s education. [<-Struck out]

        [Struck out->] (B) REMOVAL OF CONDITIONAL BASIS IF FAVORABLE DETERMINATION- If the Attorney General determines that such facts and information are true, the Attorney General shall so notify the alien and shall remove the conditional basis of the status of the alien effective as of the 90th day after the alien’s graduation from an institution of higher education. [<-Struck out]

        [Struck out->] (C) TERMINATION IF ADVERSE DETERMINATION- If the Attorney General determines that such facts and information are not true, the Attorney General shall so notify the alien [<-Struck out]

[Struck out->] and, subject to subparagraph (D), shall terminate the permanent resident status of an alien as of the date of the determination. [<-Struck out]

        [Struck out->] (D) HEARING IN REMOVAL PROCEEDING- Any alien whose permanent resident status is terminated under subparagraph (C) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence, that the facts and information described in subsection (d)(1) and alleged in the petition are not true with respect to the alien’s education. [<-Struck out]

    [Struck out->] (d) DETAILS OF PETITION- [<-Struck out]

      [Struck out->] (1) CONTENTS OF PETITION- Each petition under subsection (c)(1)(A) shall contain the following facts and information: [<-Struck out]

        [Struck out->] (A) The alien graduated from an institution of higher education, as evidenced by an official report from the registrar-- [<-Struck out]

          [Struck out->] (i) within six years, in the case of a four-year bachelor’s degree program; or [<-Struck out]

          [Struck out->] (ii) within four years, in the case of the degree program of a two-year institution. [<-Struck out]

        [Struck out->] (B) The alien maintained good moral character. [<-Struck out]

        [Struck out->] (C) The alien has not been convicted of any offense described in section 237(a)(2) or 237(a)(4). [<-Struck out]

        [Struck out->] (D) The alien has maintained continuous physical residence in the United States. [<-Struck out]

      [Struck out->] (2) PERIOD FOR FILING PETITION- The petition under subsection (c)(1)(A) must be filed during the 90-day period after the alien’s graduation from a institution of higher education. [<-Struck out]

    [Struck out->] (e) TREATMENT OF PERIOD FOR PURPOSES OF NATURALIZATION- For purposes of title III of the Immigration and Nationality Act, in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence. [<-Struck out]

    [Struck out->] (f) TREATMENT OF CERTAIN WAIVERS- In the case of an alien who has permanent residence status on a conditional basis under this section, if, in order to obtain such status, the alien obtained a waiver under subsection (h) or (i) of section 212 of the Immigration and Nationality Act of certain grounds of inadmissibility, such waiver terminates upon the termination of such permanent residence status under this section. [<-Struck out]

    [Struck out->] (g) INSTITUTION OF HIGHER EDUCATION DEFINED- In this section, the term ‘institution of higher education’ has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C.1001). [<-Struck out]

[Struck out->] SEC. 5. GAO REPORT. [<-Struck out]

    [Struck out->] Six years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Committees on the Judiciary of the Senate and the House of Representatives setting forth-- [<-Struck out]

      [Struck out->] (1) the number of aliens who were eligible for cancellation of removal and adjustment of status during the application period described in section 3(a)(1)(A); [<-Struck out]

      [Struck out->] (2) the number of aliens who applied for adjustment of status under section 3(a); [<-Struck out]

      [Struck out->] (3) the number of aliens who were granted adjustment of status under section 3(a); and [<-Struck out]

      [Struck out->] (4) the number of aliens with respect to whom the conditional basis of their status was removed under section 4. [<-Struck out]

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Development, Relief, and Education for Alien Minors Act’ or the ‘DREAM Act’.

SEC. 2. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

    Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Division C of Public Law 104-208; 110 Stat. 3009-672; 8 U.S.C. 1623) is repealed.

SEC. 3. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF CERTAIN ALIEN HIGH SCHOOL GRADUATES WHO ARE LONG-TERM RESIDENTS OF THE UNITED STATES.

    (a) SPECIAL RULE FOR CERTAIN ALIEN HIGH SCHOOL GRADUATES-

      (1) IN GENERAL- Except as otherwise provided in paragraph (2), notwithstanding any other provision of law, the Attorney General may cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States, if the alien applies for such cancellation and adjustment of status and demonstrates that--

        (A) the alien has attained 12 years of age prior to the date of enactment of this Act;

        (B) the alien has not, prior to the date of filing the application for cancellation of removal and adjustment of status under this subsection, attained the age of 21 years;

        (C) the alien, prior to the date of filing an application for cancellation of removal and adjustment of status under this subsection, has received a certificate of graduation from a school providing secondary education or the recognized equivalent of such certificate;

        (D) has maintained a continuous physical presence in the United States for a period of not less than 5 years immediately preceding the date of enactment of this Act;

        (E) the alien is a person of good moral character; and

        (F) is not inadmissible under section 212(a)(2) (8 U.S.C. 1182(a)(2)) or 212(a)(3) (8 U.S.C. 1182(a)(3)) or deportable under section 237(a)(2) (8 U.S.C. 1227(a)(2)) or 237(a)(4) (8 U.S.C. 1227(a)(4)) of the Immigration and Nationality Act.

      (2) EXCEPTIONS-

        (A) REHABILITATION AND HARDSHIP TO CERTAIN ALIENS- Notwithstanding subparagraph (F) of paragraph (1), the Attorney General may cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien (other than an alien convicted of an aggravated felony, as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) or an alien who is inadmissible under section 212(a)(3) (8 U.S.C. 1182(a)(3)) or deportable under section 237(a)(4) (8 U.S.C. 1227(a)(4)) of such Act) who but for that subparagraph would qualify for cancellation of removal and adjustment of status under this section if the alien demonstrates rehabilitation and that the alien’s removal will result in exceptional and extremely unusual hardship to the alien or a United States citizen or lawful permanent resident spouse, parent, or child.

        (B) ALIENS QUALIFYING BEFORE THE DATE OF ENACTMENT- Notwithstanding paragraph (1), the Attorney General may cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien if--

          (i) the alien would have met the requirements of paragraph (1) at any time during the 4-year period immediately preceding the date of enactment of this Act; and

          (ii) the alien has graduated from, or is, on the date of filing an application for cancellation of removal under this subsection, enrolled in the United States in an institution of higher education, as defined by section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

      (3) PROCEDURES-

        (A) IN GENERAL- The Attorney General shall by regulation establish a procedure that permits aliens to apply for cancellation of removal and adjustment of status available under this subsection without being placed in removal proceedings, except that, in addition, such cancellation of removal and adjustment of status shall be available in removal proceedings. In the case of an alien in an exclusion or deportation hearing, suspension of deportation on the same grounds as are provided under this subsection for cancellation of removal, together with adjustment of status, shall be available.

        (B) TREATMENT PRIOR TO GRADUATION-

          (i) IN GENERAL- Notwithstanding any other provision of law, an alien described in clause (ii) may not be removed so long as the alien continues to meet the criteria of that clause.

          (ii) COVERED ALIENS- An alien described in this clause is an alien who does not meet the requirements of paragraph (1)(C) but is otherwise able to demonstrate prima facie eligibility for cancellation of removal and adjustment of status under this section and has a reasonable opportunity of meeting all the requirements of cancellation of removal and adjustment of status under this section in the future.

          (iii) WORK AUTHORIZATION- The Attorney General shall grant an alien described in clause (ii) authorization to engage in employment in the United States.

        (C) EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES- Regulations promulgated under this paragraph shall provide that applications for cancellation of removal and adjustment of status under this subsection will be considered on an expedited basis and

without a requirement for the payment by the applicant of any additional fee for such expedited processing.

      (4) CONFIDENTIALITY OF INFORMATION-

        (A) PROHIBITION- Neither the Attorney General nor any other official or employee of the Department of Justice may--

          (i) use the information furnished by the applicant pursuant to an application filed under this subsection for any purpose other than to make a determination on the application;

          (ii) make any publication whereby the information furnished by any particular individual can be identified; or

          (iii) permit anyone other than a sworn officer or employee of the Department of Justice or, with respect to an application filed under this subsection with a designated entity, that designated entity, to examine applications filed under this subsection.

        (B) PENALTY- Whosoever knowingly uses, publishes, or permits information to be examined in violation of this subsection shall be fined not more than $10,000.

    (b) TERMINATION OF PERIOD OF CONTINUOUS PERIOD- For purposes of this section, any period of continuous physical presence in the United States of an alien who applies for cancellation of removal and adjustment of status under subsection (a) shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act (8 U.S.C. 1229) or any other document notifying the alien of the initiation of immigration proceedings under that Act.

    (c) TREATMENT OF CERTAIN BREAKS IN PRESENCE- An alien shall be considered to have failed to maintain continuous physical presence in the United States under subsection (a)(1)(D) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days, except that an alien may remain eligible for cancellation of removal and adjustment of status under this section notwithstanding a failure to maintain continuous physical presence in the United States if the alien demonstrates that failure is due to exceptional circumstances, as defined by section 240(e)(1) of the Immigration and Nationality Act (8 U.S.C. 1229a(e)(1)), or circumstances described in subparagraphs (A), (B), or (C) of section 244(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)(1)).

    (d) STATUTORY CONSTRUCTION- Nothing in this section may be construed to apply a numerical limitation on the number of aliens who may be eligible for cancellation of removal under section 240A of the Immigration and Nationality Act (8 U.S.C. 1229b).

    (e) REGULATIONS- Not later than 180 days after the date of enactment of this Act, the Attorney General shall publish regulations implementing this section. Such regulations shall be effective immediately on an interim, final basis, but are subject to change and revision after public notice and opportunity for a period for public comment.

SEC. 4. ANNUAL REPORT.

    Not later than one year after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit a report to the Committees on the Judiciary of the Senate and the House of Representatives and to the Secretary of Education setting forth--

      (1) the number of aliens who applied for cancellation of removal and adjustment of status under section 3;

      (2) the number of aliens who were granted cancellation of removal and adjustment of status under section 3;

      (3) the number of aliens who applied for cancellation of removal and adjustment of status under section 3 but whose applications were denied and the basis for the denial of each application; and

      (4) the number of pending applications for cancellation of removal and adjustment of status under section 3.

Amend the title to read as follows: ‘A bill to amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine State residency for higher education purposes and to authorize the cancellation of removal and adjustment of status of certain alien high school graduates who are long-term United States residents.’.

Calendar No. 425

107th CONGRESS

2d Session

S. 1291

A BILL

To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine State residency for higher education purposes and to authorize the cancellation of removal and adjustment of status of certain alien college-bound students who are long-term United States residents.


June 20, 2002

Reported with an amendment and an amendment to the title