,i #aaeth ,,congress #ast ,session ,h4 ,r4 #ceia ,,in ,,the ,,house ,,of ,,representatives ,july #bh1 #bjag,mr4 ,gutirrez 7for himself1 ,ms4 ,lofgren1 ,ms4 ,roybal-,allard1 ,ms4 ,michelle ,lujan ,grisham of ,new ,mexico1 ,ms4 ,pelosi1 ,mr4 ,hoyer1 ,mr4 ,crowley1 ,ms4 ,snchez1 ,mr4 ,conyers1 ,mr4 ,grijalva1 ,ms4 ,judy ,chu of ,california1 ,mr4 ,aguilar1 ,ms4 ,barragn1 ,mr4 ,beyer1 ,mr4 ,bishop of ,georgia1 ,mr4 ,blumenauer1 ,ms4 ,bonamici1 ,mr4 ,brown of ,maryland1 ,ms4 ,brownley of ,california1 ,mr4 ,butterfield1 ,mr4 ,capuano1 ,mr4 ,carbajal1 ,mr4 ,crdenas1 ,mr4 ,carson of ,indiana1 ,ms4 ,castor of ,florida1 ,mr4 ,castro of ,texas1 ,mr4 ,cicilline1 ,ms4 ,clark of ,massachusetts1 ,ms4 ,clarke of ,new ,york1 ,mr4 ,clay1 ,mr4 ,cohen1 ,mr4 ,correa1 ,mr4 ,courtney1 ,mr4 ,crist1 ,mr4 ,cummings1 ,ms4 ,de,gette1 ,ms4 ,de,lauro1 ,ms4 ,del,bene1 ,mr4 ,deutch1 ,mr4 ,doggett1 ,mr4 ,ellison1 ,ms4 ,eshoo1 ,mr4 ,espaillat1 ,mr4 ,evans1 ,mr4 ,foster1 ,ms4 ,frankel of ,florida1 ,ms4 ,fudge1 ,mr4 ,gallego1 ,mr4 ,gomez1 ,mr4 ,gonzalez of ,texas1 ,mr4 ,al ,green of ,texas1 ,mr4 ,gene ,green of ,texas1 ,ms4 ,hanabusa1 ,mr4 ,hastings1 ,ms4 ,jackson ,lee1 ,ms4 ,jayapal1 ,mr4 ,costa1 ,mr4 ,johnson of ,georgia1 ,ms4 ,kaptur1 ,mr4 ,kennedy1 ,mr4 ,khanna1 ,mr4 ,kihuen1 ,mr4 ,langevin1 ,ms4 ,lee1 ,mr4 ,lewis of ,georgia1 ,mr4 ,ted ,lieu of ,california1 ,mr4 ,lowenthal1 ,mr4 ,ben ,ray ,lujn of ,new ,mexico1 ,mr4 ,sean ,patrick ,maloney of ,new ,york1 ,ms4 ,matsui1 ,ms4 ,mc,collum1 ,mr4 ,mc,eachin1 ,mr4 ,mc,govern1 ,mr4 ,mc,nerney1 ,mr4 ,meeks1 ,ms4 ,meng1 ,ms4 ,moore1 ,mr4 ,nadler1 ,mrs4 ,napolitano1 ,ms4 ,norton1 ,mr4 ,pallone1 ,mr4 ,payne1 ,mr4 ,perlmutter1 ,ms4 ,pingree1 ,mr4 ,pocan1 ,mr4 ,polis1 ,mr4 ,price of ,north ,carolina1 ,mr4 ,quigley1 ,mr4 ,raskin1 ,mr4 ,ruiz1 ,mr4 ,ruppersberger1 ,mr4 ,rush1 ,mr4 ,sablan1 ,mr4 ,sarbanes1 ,ms4 ,schakowsky1 ,mr4 ,schrader1 ,mr4 ,scott of ,virginia1 ,mr4 ,serrano1 ,ms4 ,shea-,porter1 ,mr4 ,sherman1 ,mr4 ,sires1 ,mr4 ,smith of ,washington1 ,mr4 ,soto1 ,mr4 ,swalwell of ,california1 ,mr4 ,thompson of ,california1 ,ms4 ,titus1 ,mr4 ,tonko1 ,mrs4 ,torres1 ,mr4 ,vargas1 ,mr4 ,veasey1 ,mr4 ,vela1 ,ms4 ,velzquez1 ,mrs4 ,watson ,coleman1 ,mr4 ,welch1 ,ms4 ,wilson of ,florida1 ,mr4 ,yarmuth1 and ,ms4 ,bass7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,education and the ,workforce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif to permit ,states to determine ,state residency for higher education purposes and to authorize the cancellation of removal and adjustment of status of certain aliens who are ,united ,states residents and who entered the ,united ,states as children1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,american ,hope ,act of #bjag4 #b4 ,definitions ,in this ,act3 7#a7 ,eligible nonprofit organization ,the term eligible nonprofit organization shall mean a nonprofit1 tax-exempt organization1 including a community1 educational1 faith-based or other immigrant-serving organization1 whose staff has demonstrated qualifications1 experience1 or expertise in providing quality services to immigrants1 refugees1 persons granted asylum1 or persons applying for such statuses4 7#b7 ,institution of higher education ,the term institution of higher education has the meaning given that term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja71 and any other educational institutions that the ,secretary of ,homeland ,security or ,secretary of ,education may designate as such an institution of higher education for purposes of this ,act4 7#c7 ,secretary ,except as otherwise specifically provided1 the term ,secretary means the ,secretary of ,homeland ,security4 #c4 ,restoration of ,state option to determine residency for purposes of higher education benefits 7a7 ,in general ,section #eje of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #afbc7 is repealed4 7b7 ,effective date ,the repeal under subsection 7a7 shall take effect as if included in the enactment of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #aaj ,stat4 #cjji-edf74 #d4 ,cancellation of removal and adjustment of status of certain residents who entered the ,united ,states as children 7a7 ,special rule for certain residents who entered the united states as children 7#a7 ,in general ,notwithstanding any other provision of law and except as otherwise provided in this ,act1 the ,secretary of ,homeland ,security shall cancel removal of1 and adjust to the status of an alien lawfully admitted for permanent residence1 subject to the conditional basis described in section #e1 an alien who is inadmissible or deportable from the ,united ,states1 if the alien demonstrates that-- 7,a7 the alien has been continuously present in the ,united ,states since ,december #ca1 #bjaf1 and was younger than #ah years of age on the date the alien initially entered the ,united ,states2 and 7,b7 the alien is not inadmissible under paragraph 7#b71 7#c71 7#h71 7#aj77;,a71 7#aj77;,c71 or 7#aj77;,e7 of section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a774 7#b7 ,waiver ,notwithstanding paragraph 7#a71 the ,secretary of ,homeland ,security may waive the application of section #bab7;a77#b7 of the ,immigration and ,nationality ,act where the ground of inadmissibility pertains to an offense for which immigration status is an essential element1 a misdemeanor offense 7or its equivalent71 or any other offense that is not a crime of violence1 when such waiver serves humanitarian purposes or family unity or is otherwise in the public interest4 7#c7 ,procedures ,the ,secretary of ,homeland ,security shall by rule establish a procedure allowing eligible individuals to apply for the relief available under this subsection without requiring placement in removal proceedings4 ,such procedure shall provide for the ability of a minor to apply for such relief1 including through a legal guardian or counsel4 ,an individual shall not be considered ineligible to apply for such relief because the individual is in removal proceedings or has previously been ordered removed4 7#d7 ,background checks ,the ,secretary of ,homeland ,security1 in coordination with other departments and agencies as appropriate1 shall conduct background checks on all aliens under this subsection4 7b7 ,termination of continuous period ,for purposes of this section1 any period of continuous presence in the ,united ,states of an alien who applies for cancellation of removal under this section shall not be considered to have terminated when the alien is served a notice to appear under section #bci7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi7;a774 7c7 ,treatment of certain breaks in presence 7#a7 ,in general ,an alien shall be considered to have failed to maintain continuous presence in the ,united ,states under subsection 7a7 if the alien has departed from the ,united ,states for any period in excess of #ij days or for any periods in the aggregate exceeding #ahj days1 unless such departure was authorized by the ,secretary of ,homeland ,security4 7#b7 ,exception ,an alien who departed from the ,united ,states after the date of enactment of this ,act shall not be considered to have failed to maintain continuous presence in the ,united ,states if the alien's absences from the ,united ,states are brief1 casual1 and innocent1 whether or not such absences were authorized by the ,secretary4 7#c7 ,extensions for exceptional circumstances ,the ,secretary of ,homeland ,security may extend the time periods described in paragraph 7#a7 if the alien demonstrates that the failure to timely return to the ,united ,states was due to exceptional circumstances4 ,exceptional circumstances sufficient to justify an extension may include the serious illness of the alien1 or death or serious illness of a spouse1 parent1 grandparent1 sibling1 or child4 7d7 ,exemption from numerical limitations ,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 section4 7e7 ,regulations 7#a7 ,proposed regulations ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,homeland ,security shall publish proposed regulations implementing this section4 ,such regulations shall be effective immediately on an interim basis1 but are subject to change and revision after public notice and opportunity for a period for public comment4 7#b7 ,interim1 final regulations ,within a reasonable time and no later than #ahj days after publication of the interim regulations in accordance with paragraph 7#a71 the ,secretary of ,homeland ,security shall publish final regulations implementing this section4 7f7 ,administrative review ,any alien receiving an adverse determination on the application for cancellation of removal and conditional lawful permanent resident status under this section may request review of such determination by the ,secretary of ,homeland ,security4 7g7 ,removal of alien ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security may not remove any alien who has a pending application for conditional permanent resident status1 or is prima facie eligible for such status1 under section #e of this ,act4 #e4 ,conditional permanent resident status 7a7 ,in general 7#a7 ,conditional basis for status ,notwithstanding any other provision of law1 and except as provided in section #f1 an alien whose status has been adjusted under section #d to that of an alien lawfully admitted for permanent residence shall be considered to have obtained such status on a conditional basis subject to the provisions of this section4 ,such conditional permanent resident status shall be valid for a period of #h years1 subject to termination under subsection 7b74 7#b7 ,notice of requirements 7,a7 ,at time of obtaining permanent residence ,at the time an alien obtains permanent resident status on a conditional basis under paragraph 7#a71 the ,secretary of ,homeland ,security shall provide for notice to the alien regarding the provisions of this section and the requirements of subsection 7c7 to have the conditional basis of such status removed4 7,b7 ,effect of failure to provide notice ,the failure of the ,secretary of ,homeland ,security to provide a notice under this paragraph-- 7i7 shall not affect the enforcement of the provisions of this ,act with respect to the alien2 and 7ii7 shall not give rise to any private right of action by the alien4 7b7 ,termination of status 7#a7 ,in general ,the ,secretary of ,homeland ,security shall terminate the conditional permanent resident status of any alien who obtained such status under this ,act1 if the ,secretary determines that the alien has since engaged in conduct that renders the alien deportable under section #bcg7;a7 of the ,immigration and ,nationality ,act4 7#b7 ,return to previous immigration status ,any alien whose conditional permanent resident status is terminated under paragraph 7#a7 shall revert to the immigration status the alien had immediately prior to receiving conditional permanent resident status under this ,act4 7#c7 ,administrative review ,any alien whose conditional permanent resident status is terminated under paragraph 7#a7 may request review of such determination in a proceeding to remove the alien4 ,in such proceeding1 the burden of proof shall be on the ,secretary of ,homeland ,security to establish1 by a preponderance of the evidence1 that a condition described in paragraph 7#a7 is met4 7c7 ,requirements of timely petition for removal of condition 7#a7 ,in general ,in order for the conditional basis of permanent resident status obtained by an alien under subsection 7a7 to be removed1 the alien must file with the ,secretary of ,homeland ,security1 in accordance with paragraph 7#c7 of this subsection1 a petition which requests the removal of such conditional basis and which provides1 under penalty of perjury1 the facts and information so that the ,secretary may make the determination described in paragraph 7#b77;,a7 of this subsection4 7#b7 ,adjudication of petition to remove condition 7,a7 ,in general ,if a petition is filed for an alien in accordance with paragraph 7#a7 of this subsection1 the ,secretary of ,homeland ,security shall make a determination as to whether the alien meets the requirements set out in subparagraphs 7,a7 through 7,c7 of subsection 7d77#a74 7,b7 ,removal of conditional basis if favorable determination ,if the ,secretary determines that the alien meets such requirements1 the ,secretary shall notify the alien of such determination and immediately remove the conditional basis of the status of the alien4 7,c7 ,termination if adverse determination ,if the ,secretary determines that the alien does not meet such requirements1 the ,secretary shall notify the alien of such determination and terminate the conditional permanent resident status of the alien4 7,d7 ,administrative review ,an alien whose conditional permanent resident status is terminated under subparagraph 7,c7 may request review of such determination in a proceeding to remove the alien4 ,in such proceeding1 the burden of proof shall be on the ,secretary of ,homeland ,security to establish1 by a preponderance of the evidence1 that the alien has not met the requirements of subparagraph 7,a74 7#c7 ,time to file petition ,except as provided in subsection 7d77#c71 an alien may petition to remove the conditional basis to lawful resident status beginning six months before the date on which the alien is expected to satisfy the requirement of subsection 7d77#a77;,c74 ,the alien shall be deemed in conditional permanent resident status in the ,united ,states during the period in which the petition is pending4 7d7 ,details of petition 7#a7 ,contents of petition ,each petition for an alien under subsection 7c77#a7 shall contain information to permit the ,secretary of ,homeland ,security to determine whether each of the following requirements is met3 7,a7 ,the alien has complied with section #d7;a77#a77;,b7 throughout the period of conditional permanent resident status4 7,b7 ,the alien has not abandoned the alien's residence in the ,united ,states4 ,the ,secretary shall presume that the alien has abandoned such residence if the alien is absent from the ,united ,states for more than #cfe days1 in the aggregate1 during the period of conditional residence1 unless the alien demonstrates that alien has not abandoned the alien's residence4 ,an alien who is absent from the ,united ,states due to active service in the uniformed services has not abandoned the alien's residence in the ,united ,states during the period of such service4 7,c7 ,the alien has maintained the conditional permanent resident status for at least #c years4 7#b7 ,special rule for daca recipients ,any period of time in which the alien was granted deferred action pursuant to the ,deferred ,action for ,childhood ,arrivals policy established in the ,june #ae1 #bjab1 memorandum from the ,secretary of ,homeland ,security1 titled ,exercising ,prosecutorial ,discretion with ,respect to ,individuals ,who ,came to the ,united ,states as ,children1 shall count toward the #c-year period described in paragraph 7#a77;,c74 7e7 ,treatment of period for purposes of naturalization ,for purposes of title ,,iii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adja et seq471 in the case of an alien who is in the ,united ,states as a lawful permanent resident on a conditional basis under this section1 the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be present in the ,united ,states as an alien lawfully admitted to the ,united ,states for permanent residence4 ,the alien may not apply for naturalization until the conditional basis for permanent residency has been removed1 except for naturalization pursuant to sections #cbh and #cbi of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adci and #addj74 7f7 ,renewed background checks ,the ,secretary of ,homeland ,security1 in coordination with other departments and agencies as appropriate1 shall conduct new background checks on all aliens filing petitions under this subsection4 #f4 ,exclusive jurisdiction ,the ,secretary of ,homeland ,security shall have exclusive jurisdiction to determine eligibility for relief under this ,act1 except where the alien has been placed into deportation1 exclusion1 or removal proceedings either prior to or after filing an application for relief under this ,act1 in which case the ,attorney ,general shall have exclusive jurisdiction and shall assume all the powers and duties of the ,secretary until proceedings are terminated1 or if a final order of deportation1 exclusion1 or removal is entered the ,secretary shall resume all powers and duties delegated to the ,secretary under this ,act4 #g4 ,confidentiality of information 7a7 ,prohibition ,except as provided in subsection 7b71 no officer or employee of the ,united ,states may-- 7#a7 use the information furnished by the alien pursuant to an application filed under this ,act to initiate removal proceedings against any person identified in the application2 7#b7 make any publication whereby the information furnished by any particular individual pursuant to an application under this ,act can be identified2 or 7#c7 permit anyone other than an officer or employee of the ,united ,states ,government or1 in the case of applications filed under this ,act with a designated entity1 that designated entity1 to examine applications filed under this ,act4 7b7 ,required disclosure ,the ,attorney ,general or the ,secretary of ,homeland ,security shall provide the information furnished under this section1 and any other information derived from such furnished information1 to-- 7#a7 a duly recognized law enforcement entity in connection with an investigation or prosecution of an offense described in paragraph 7#b7 or 7#c7 of section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a771 when such information is requested in writing by such entity2 or 7#b7 an official coroner for purposes of affirmatively identifying a deceased individual 7whether or not such individual is deceased as a result of a crime74 7c7 ,penalty ,whoever knowingly uses1 publishes1 or permits information to be examined in violation of this section shall be fined not more than #ej1jjj4 #h4 ,grant program to assist eligible applicants 7a7 ,establishment ,the ,secretary may establish1 within ,u4,s4 ,citizenship and ,immigration ,services1 a program to award grants1 on a competitive basis1 to eligible nonprofit organizations that will use the funding to assist eligible applicants under this ,act by providing them with the services described in subsection 7b74 7b7 ,use of funds ,grant funds awarded under this section may be used for the design and implementation of programs that provide-- 7#a7 information to the public regarding the eligibility and benefits of conditional lawful permanent residence authorized under this ,act1 particularly to individuals potentially eligible for such status2 7#b7 assistance1 within the scope of authorized practice of immigration law1 to individuals submitting applications for conditional lawful permanent residence1 including-- 7,a7 screening prospective applicants to assess their eligibility for such status2 7,b7 completing applications and petitions1 including providing assistance in obtaining the requisite documents and supporting evidence2 7,c7 applying for any waivers for which applicants and qualifying family members may be eligible2 and 7,d7 providing any other assistance that the ,secretary or grantee considers useful or necessary to apply for conditional lawful permanent residence2 and 7#c7 assistance1 within the scope of authorized practice of immigration law1 and instruction1 to individuals-- 7,a7 on the rights and responsibilities of ,united ,states citizenship2 7,b7 in civics and ,english as a second language2 7,c7 in preparation for the ,general ,education ,development exam2 and 7,d7 in applying for adjustment of status and ,united ,states citizenship4 7c7 ,authorization of appropriations 7#a7 ,amounts authorized ,there are authorized to be appropriated such sums as may be necessary for each of the fiscal years #bjag through #bjbg to carry out this section4 7#b7 ,availability ,any amounts appropriated pursuant to paragraph 7#a7 shall remain available until expended4 #i4 ,presidential award for business leadership in promoting ,american citizenship 7a7 ,establishment ,there is established the ,presidential ,award for ,business ,leadership in ,promoting ,american ,citizenship1 which shall be awarded to companies and other organizations that make extraordinary efforts in assisting their employees and members to learn ,english1 attain ,general ,education ,development preparation and certification1 and increase their understanding of ,american history and civics4 7b7 ,selection and presentation of award 7#a7 ,selection ,the ,president1 upon recommendations from the ,secretary1 the ,secretary of ,labor1 and the ,secretary of ,education1 shall periodically award the ,citizenship ,education ,award to large and small companies and other organizations described in subsection 7a74 7#b7 ,presentation ,the presentation of the award shall be made by the ,president1 or designee of the ,president1 in conjunction with an appropriate ceremony4 #aj4 ,english learning program 7a7 ,in general ,the ,secretary of ,education shall develop an open source electronic program that is useable on personal computers and through the ,internet1 which-- 7#a7 provides instruction on the ,english language 7including instruction on how to pass the ,test of ,english as a ,foreign ,language7 to individuals whose primary language is a language other than ,english and who are at various levels of proficiency with respect to the ,english language1 including individuals with the ability to pass the ,test of ,english as a ,foreign ,language2 7#b7 is available to the public for free1 including on the website of the ,department of ,education2 7#c7 is readily accessible to public libraries throughout the ,united ,states2 and 7#d7 is fully accessible1 at a minimum1 to speakers of the top #f foreign languages spoken by immigrants to the ,united ,states4 7b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of ,education such sums as are necessary to carry out the purposes of this section4 #aa4 ,higher education assistance 7a7 ,in general ,notwithstanding subsections 7a77#e7 and 7g7 of section #dhd of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajia7 or any other provision of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq471 and subject to subsection 7b7 of this section1 an alien who adjusts status to that of a conditional lawful permanent resident under this ,act may be eligible only for the following assistance under title ,,iv of such ,act 7#bj ,u4,s4,c4 #ajgj et seq473 7#a7 ,federal grants under part ,a 7#bj ,u4,s4,c4 #ajgj et seq474 7#b7 ,federal work-study programs under part ,c 7#db ,u4,s4,c4 #bgea et seq474 7#c7 ,federal student loans under parts ,d and ,e 7#bj ,u4,s4,c4 #ajhg;a et seq474 7#d7 ,services not otherwise covered under paragraphs 7#a7 through 7#c74 7#e7 ,need analysis and refunds calculated under parts ,f and ,g 7#bj ,u4,s4,c4 #ajhgkk et seq42 #ajhh et seq474 7b7 ,other requirements ,an individual described in subsection 7a7 may only receive the assistance described in subsection 7a7 for which such individual would be otherwise eligible 7but for such individual's immigration status74 #ab4 ,,gao report ,not later than #g years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit a report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives setting forth-- 7#a7 the number of aliens who were eligible for cancellation of removal and adjustment of status under this ,act2 7#b7 the number of aliens who applied for adjustment of status under this ,act2 7#c7 the number of aliens who were granted adjustment of status under this ,act2 and 7#d7 the number of aliens whose conditional permanent resident status was removed under this ,act4