,,ii #aafth ,,congress #b;d ,session ,s4 #ejee ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ag1 #bjbj,ms4 ,cortez ,masto introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to protect immigrant families1 combat fraud1 promote citizenship1 and build community trust1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,fairness for ,immigrant ,families ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings4,sec4 #c4 ,definitions4,,title ,i--,protecting immigrant families,subtitle ,a--,expansion of admissibility ,sec4 #aja4 ,promoting family unity4,sec4 #ajb4 ,extension of the application period for certain aliens present in the ,united ,states for adjustment of status4,subtitle ,b--,relief from removal,sec4 #aaa4 ,individuals previously removed4,sec4 #aab4 ,expansion of cancellation of removal4,sec4 #aac4 ,prohibition on removal of aliens with pending applications4,sec4 #aad4 ,motions to reopen in cases involving fraud1 negligence1 misrepresentation1 extortion1 and unauthorized practice of law4,subtitle ,c--,provisions relating to removal of parents of ,united ,states citizens,sec4 #aba4 ,review of and reporting on removal of parents of ,united ,states citizens4,sec4 #abb4 ,report on enforcement actions against parents of ,united ,states citizens and ,,daca recipients4,sec4 #abc4 ,protections for ,united ,states citizen children abroad4,,title ,,ii--,combating fraud and promoting citizenship,sec4 #bja4 ,combating immigration services fraud4,sec4 #bjb4 ,requirements for immigration consultants4,sec4 #bjc4 ,fee and backlog transparency4,sec4 #bjd4 ,national ,office for ,new ,americans4,,title ,,iii--,building community trust,sec4 #cja4 ,protecting aliens who are victims of or witnesses to crimes or are defending civil rights4,sec4 #cjb4 ,semiannual report on certain enforcement actions4,sec4 #cjc4 ,rule of construction4 #b4 ,findings ,congress makes the following findings3 7#a7 ,immigration is intrinsic to the ,american experience4 ,families throughout the ,united ,states have roots in the immigration experience of earlier generations of immigrants who came to the ,united ,states seeking better opportunities1 safety from persecution1 and ultimately1 a chance at the ,american dream4 7#b7 ,while the ancestors of some families arrived centuries ago1 other families are continuing that tradition today4 ,approximately #bj1jjj1jjj second-generation ,americans are living in the ,united ,states4 ,as of #bjag1 #ah1bjj1jjj children in the ,united ,states1 or #bf percent1 lived with #a or more immigrant parents4 7#c7 ,in the ,united ,states-- 7,a7 #af1gjj1jjj individuals live in a household with #a or more family members who are not authorized to be in the ,united ,states2 7,b7 #e1ijj1jjj ,united ,states citizen children live in a household with #a or more family members who are not authorized to be in the ,united ,states2 and 7,c7 #h1jjj1jjj ,united ,states citizens live in a household with #a or more family members who are not authorized to be in the ,united ,states4 7#d7 ,children of immigrants are the future workers1 leaders1 voters1 parents1 and taxpayers of the ,united ,states and are critical to the health and well-being of the ,united ,states4 7#e7 ,second-generation ,americans closely reflect or exceed the national average household income1 homeownership rate1 and college graduation rate4 7#f7 ,in their pursuit of the ,american dream1 generations of immigrant families have contributed to their communities in the ,united ,states and will continue to do so1 including as essential workers who keep the ,united ,states running at great risk to themselves and their families4 7#g7 ,immigrants play a critical role in the ,united ,states economy1 and providing a path to citizenship for undocumented immigrants is a necessary part of maintaining the economic strength of the ,united ,states4 7#h7 ,immigrant entrepreneurs account for almost #cj percent of all new entrepreneurs in the ,united ,states1 and immigrants are almost twice as likely as the ,united ,states-born population to become entrepreneurs4 7#i7 ,undocumented immigrants contribute over #aa1jjj1jjj1jjj in ,state and local taxes each year4 7#aj7 ,removing undocumented residents from mixed-status households cuts the median income of such households by #dg percent4 7#aa7 ,approximately #a1bjj1jjj mortgages are held by households with #a or more undocumented individuals4 7#ab7 ,indiscriminate immigration enforcement and the threat of immigration enforcement negatively impact the health1 development1 and well-being of children subject to detention or separation from their families4 ,neurobiological research demonstrates that children with any prolonged separation are more likely to experience emotional and behavioral issues1 depression1 anxiety1 post-traumatic stress disorder1 and suicidal ideation4 #c4 ,definitions ,in this ,act3 7#a7 ,in general ,except as otherwise specifically provided1 any term used in this ,act that is used in the immigration laws shall have the meaning given the term in the immigration laws4 7#b7 ,,daca recipient ,the term ,,daca recipient means an alien who has been granted deferred action pursuant to the memorandum of the ,department of ,homeland ,security entitled ,exercising ,prosecutorial ,discretion with ,respect to ,individuals ,who ,came to the ,united ,states as ,children issued on ,june #ae1 #bjab4 7#c7 ,immigration laws ,the term immigration laws has the meaning given the term in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a774 ,i ,protecting immigrant families ,a ,expansion of admissibility #aja4 ,promoting family unity 7a7 ,elimination of #c-,year and #aj-,year bars and modification of permanent bar ,section #bab7;a77#i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#i77 is amended-- 7#a7 by striking subparagraph 7,b72 7#b7 by redesignating subparagraph 7,c7 as subparagraph 7,b72 7#c7 in subparagraph 7,b71 as so redesignated-- 7,a7 by amending clause 7i7 to read as follows3 7i7 ,in general ,any alien who knows he or she has received a final order of removal under section #bdj1 and who enters or attempts to reenter the ,united ,states without being admitted1 is inadmissible4 2 7,b7 by amending clause 7ii7 to read as follows3 7ii7 ,exceptions 7,i7 ,consent to reapplication for admission ,clause 7i7 shall not apply to an alien seeking admission on a date that is more than #c years after the date on which the alien last departed the ,united ,states if1 before the reembarkation of the alien at a place outside the ,united ,states or the attempt by the alien to be readmitted from a foreign contiguous territory1 the ,secretary of ,homeland ,security has consented to a reapplication for admission by the alien4 7,,ii7 ,minors ,clause 7i7 shall not apply to an alien who is under #ah years of age4 7,,iii7 ,asylees ,clause 7i7 shall not apply to an alien who has a bona fide application for asylum pending under section #bjh4 7,,iv7 ,family unity ,clause 7i7 shall not apply to an alien who is a beneficiary of family unity protection pursuant to section #cja of the ,immigration ,act of #aiij 7#h ,u4,s4,c4 #abee;a note74 7,v7 ,victims of a severe form of trafficking in persons ,clause 7i7 shall not apply to an alien who demonstrates that #a or more severe forms of trafficking in persons 7as defined in section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb77 was a central reason for the unlawful presence of the alien in the ,united ,states4 7,,vi7 ,aliens who entered as children ,clause 7i7 shall not apply to an alien who-- 7aa7 is the beneficiary of an approved petition under section #aja7;a77#ae77;,h72 7bb7 7,,aa7 is in school1 has graduated from high school1 has obtained a general education development certificate recognized under ,state law or a high school equivalency diploma2 or 7,,bb7 is serving in the armed forces 7as defined in section #aja7;a7 of title #aj1 ,united ,states ,code7 or is an honorably discharged veteran of the armed forces2 and 7cc7 had not yet reached the age of #af years on the date on which the alien initially entered the ,united ,states4 2 and 7,c7 in clause 7iii7-- 7i7 by striking the clause designation and heading and all that follows through ,security and insert the following3 7iii7 ,waivers 7,i7 ,,vawa self-petitioners ,the ,attorney ,general or the ,secretary of ,homeland ,security1 as applicable1 2 and 7ii7 by adding at the end the following3 7,,ii7 ,extreme hardship ,the ,attorney ,general or the ,secretary of ,homeland ,security may1 in the discretion of the ,attorney ,general or the ,secretary1 waive clause 7i7 in the case of an alien who is the parent1 spouse1 or son or daughter of a ,united ,states citizen or of an alien lawfully admitted for permanent residence if it is established to the satisfaction of the ,attorney ,general or the ,secretary that a denial of admission to the alien would result in extreme hardship to the ,united ,states citizen or lawfully admitted permanent resident son or daughter1 spouse1 or parent of the alien4 4 7b7 ,misrepresentation of citizenship ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7#a7 in section #bab 7#h ,u4,s4,c4 #aahb7-- 7,a7 in subsection 7a77#f77;,c7-- 7i7 by amending clause 7ii7 to read as follows3 7ii7 ,misrepresentation of citizenship 7,i7 ,in general ,any alien who knowingly and willfully misrepresents1 or has knowingly and willfully misrepresented1 himself or herself to be a citizen of the ,united ,states for any purpose or benefit under this ,act 7including section #bgd;,a7 or any ,federal or ,state law is inadmissible4 7,,ii7 ,exception ,in the case of an alien who was under the age of #ba years at the time of making a misrepresentation described in subclause 7,i71 the alien shall not be considered to be inadmissible under any provision of this subsection based on such misrepresentation4 2 and 7ii7 in clause 7iii71 by striking of clause 7i72 and 7,b7 by amending subsection 7i77#a7 to read as follows3 7i7 7#a7 ,the ,attorney ,general or the ,secretary of ,homeland ,security may1 in the discretion of the ,attorney ,general or the ,secretary1 waive the application of subsection 7a77#f77;,c7 in the case of an alien who is the parent1 spouse1 son or daughter of a ,united ,states citizen or of an alien lawfully admitted for permanent residence and in the case of an alien who is an alien granted classification under clause 7iii7 or 7iv7 of section #bjd7;a77#a77;,a71 if it is established to the satisfaction of the ,attorney ,general or the ,secretary that the admission to the ,united ,states of such alien would not be contrary to the national welfare1 safety1 or security of the ,united ,states4 2 and 7#b7 by amending section #bcg7;a77#c77;,d7 7#h ,u4,s4,c4 #abbg7;a77#c77;,d77 to read as follows3 7,d7 ,misrepresentation of citizenship 7i7 ,in general ,any alien who knowingly and willfully misrepresents1 or has knowingly and willfully misrepresented1 himself or herself to be a citizen of the ,united ,states for any purpose or benefit under this ,act 7including section #bgd;,a7 or any ,federal or ,state law is deportable4 7ii7 ,exception ,in the case of an alien who was under the age of #ba years at the time of making a misrepresentation described in clause 7i71 the alien shall not be considered to be deportable under any provision of this subsection based on such misrepresentation4 4 7c7 ,conforming amendments 7#a7 ,section #bad7q7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7q77 is amended-- 7,a7 by striking paragraph 7#b72 7,b7 in paragraph 7#c77;,c71 by striking paragraphs 7#f77;,a71 7#g71 and 7#i77;,b7 and inserting paragraphs 7#f77;,a7 and 7#g72 and 7,c7 by redesignating paragraph 7#c7 as paragraph 7#b74 7#b7 ,section #bde7;h77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7;h77#b77;,a77 is amended by striking 7#g77;,a71 and 7#i77;,b7 and inserting and 7#g77;,a74 7#c7 ,section #bdh7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeh7;a77 is amended1 in the matter preceding paragraph 7#a71 by striking and who is not inadmissible under section #bab7;a77#i77;,b77i7 and all that follows through section #bab7;a77#i77;,b77v774 #ajb4 ,extension of the application period for certain aliens present in the ,united ,states for adjustment of status ,section #bde7;i77#a77;,b77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7;i77#a77;,b77i77 is amended by striking ,april #cj1 #bjja and inserting the following3 the date that is not later than #e years after the date of the enactment of the ,fairness for ,immigrant ,families ,act4 ,b ,relief from removal #aaa4 ,individuals previously removed 7a7 ,discretionary reinstatement of removal orders ,section #bda7;a77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77#e77 is amended-- 7#a7 by striking ,if the ,attorney ,general and inserting the following3 7,a7 ,in general ,except as provided in subparagraph 7,b71 if the ,secretary of ,homeland ,security 2 and 7#b7 by adding at the end the following3 7,b7 ,exceptions 7i7 ,in general ,subparagraph 7,a7 shall not apply to an alien-- 7,i7 who has not attained the age of #ah years on the date on which the alien reenters the ,united ,states2 or 7,,ii7 the reinstatement of the prior order of removal of whom-- 7aa7 is not in the public interest2 7bb7 would result in hardship to the ,united ,states citizen or lawful permanent resident parent1 spouse1 or child of the alien2 or 7cc7 would prevent consideration of an application for asylum that has not been previously adjudicated4 7ii7 ,rule of construction ,for purposes of this paragraph1 family separation shall be considered-- 7,i7 not in the public interest2 and 7,,ii7 a hardship4 4 7b7 ,motions ,to reopen and reconsider ,section #bdj7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7c77 is amended by adding at the end the following3 7#h7 ,special rule for relatives of ,united ,states citizens 7,a7 ,in general ,notwithstanding subparagraphs 7,a7 and 7,b7 of paragraph 7#f7 and subparagraphs 7,a7 and 7,c7 of paragraph 7#g7-- 7i7 an alien described in subparagraph 7,b7 may file a motion to reconsider under paragraph 7#f7 or a motion to reopen under paragraph 7#g7 at any time and without numerical limitation2 and 7ii7 the ,attorney ,general shall consider any such motion4 7,b7 ,alien described ,an alien described in this subparagraph is an alien who is-- 7i7 outside the ,united ,states after having been excluded1 deported1 or removed from1 or ordered to voluntarily depart1 the ,united ,states on or after ,january #bj1 #bjag2 and 7ii7 the spouse1 child1 or parent of a citizen of the ,united ,states or an alien lawfully admitted for permanent residence4 7,c7 ,treatment of physical presence ,for purposes of any physical presence or continuous residence requirement for relief under the immigration laws1 with respect to an alien described in subparagraph 7,b71 a period outside the ,united ,states after having been excluded1 deported1 or removed from1 or ordered to voluntarily depart the ,united ,states on or after ,january #bj1 #bjag1 shall not be considered to toll or break the alien's physical presence or continuous residence in the ,united ,states4 4 #aab4 ,expansion of cancellation of removal 7a7 ,in general ,section #bdj;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;b7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking #aj and inserting #g2 and 7ii7 by amending subparagraph 7,d7 to read as follows3 7,d7 establishes that removal would result in extreme hardship to-- 7i7 the alien2 or 7ii7 the alien's spouse1 parent1 or child who is a citizen of the ,united ,states or an alien lawfully admitted for permanent residence4 2 and 7,b7 by adding at the end the following3 7#g7 ,affirmative application process 7,a7 ,in general ,the ,secretary of ,homeland ,security may cancel the removal of1 and adjust to the status of an alien lawfully admitted for permanent residence1 an alien described in paragraph 7#a7 or 7#b71 who-- 7i7 demonstrates that the alien is the spouse1 parent1 son or daughter1 or legal guardian of a citizen of the ,united ,states2 and 7ii7 submits to the ,secretary of ,homeland ,security an application at such time1 in such manner1 and containing such information as the ,secretary may reasonably require4 7,b7 ,numerical limitations ,notwithstanding any other provision of law1 an alien admitted to the ,united ,states under this section shall not be subject to any numerical limitation4 2 and 7#b7 by striking subsection 7e74 7b7 ,regulations ,the ,secretary of ,homeland ,security shall promulgate regulations setting forth procedures and requirements with respect to the processing and adjudication of affirmative applications for cancellation of removal under paragraph 7#g7 of section #bdj;,a7b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;b7b771 as added by subsection 7a77#a77;,b74 #aac4 ,prohibition on removal of aliens with pending applications 7a7 ,in general ,section #bce of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7 is amended-- 7#a7 in the section heading1 by inserting 2 prohibition on removal after hearing2 and 7#b7 by adding at the end the following3 7e7 ,prohibition on removal of aliens with certain pending petitions and applications 7#a7 ,beneficiaries of petitions for immigrant visas ,an alien who is the beneficiary 7including a spouse or child of the principal alien1 if eligible to receive a visa under section #bjc7;d77 of a petition for classification under section #bjd that was filed with the ,secretary of ,homeland ,security and who is prima facie eligible for approval may not be removed while such petition or application is pending or a decision on such petition or application is on appeal4 7#b7 ,applicants for certain nonimmigrant and special immigrant classifications and cancellation of removal ,an applicant for classification as a nonimmigrant described in subparagraph 7,t71 7,u71 or 7,v7 of section #aja7;a77#ae71 an applicant for classification as a special immigrant under section #aja7;a77#bg77;,j71 or an applicant for cancellation of removal under section #bdj;,a may not be removed while such application is pending or a decision on such application is on appeal4 4 7b7 ,conforming amendment ,the table of contents at the beginning of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by striking the item relating to section #bce and inserting the following3 ,sec4 #bce4 ,inspection by immigration officers2 expedited removal of inadmissible arriving aliens2 referral for hearing2 prohibition on removal4 4 #aad4 ,motions to reopen in cases involving fraud1 negligence1 misrepresentation1 extortion1 and unauthorized practice of law ,section #bdj7;c77#g77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7c77#g77;,c77 is amended by adding at the end the following3 7v7 ,fraud1 negligence1 misrepresentation1 or extortion by1 or attempted1 promised1 or actual practice of law without authorization on the part of a representative ,notwithstanding subparagraph 7,a7 and clause 7i71 an alien may file a motion to reopen at any time to apply for relief due to fraud1 negligence1 misrepresentation1 or extortion by1 or attempted1 promised1 or actual practice of law without authorization on the part of1 a representative described in subsection 7a7 or 7b7 of section #abib4a of title #h1 ,code of ,federal ,regulations1 or a person who claimed to be such a representative if the alien establishes by a preponderance of the evidence such fraud1 negligence1 misrepresentation1 or extortion by1 or attempted1 promised1 or actual practice of law without authorization on the part of1 such a representative or person4 4 ,c ,provisions relating to removal of parents of ,united ,states citizens #aba4 ,review of and reporting on removal of parents of ,united ,states citizens 7a7 ,in general ,before the removal from the ,united ,states of an alien parent or legal guardian of a child under the age of #ba years who is a citizen of the ,united ,states or an alien lawfully admitted for permanent residence1 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement 7referred to in this section as the ,director7 shall review and approve the removal of such alien4 7b7 ,quarterly report ,not less frequently than quarterly1 the ,director shall submit to ,congress a report on each review conducted under subsection 7a7 during the preceding quarter that describes the result of the review4 7c7 ,nondelegation ,the ,director may not delegate the responsibilities under this section4 #abb4 ,report on enforcement actions against parents of ,united ,states citizens and ,,daca recipients ,with respect to alien parents of children who are citizens of the ,united ,states1 aliens lawfully admitted for permanent residence1 or ,,daca recipients-- 7#a7 not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit to ,congress a report on the number of such aliens removed from the ,united ,states during the period beginning on ,january #bj1 #bjag1 and ending on ,january #bj1 #bjba2 and 7#b7 not less frequently than quarterly1 the ,secretary of ,homeland ,security shall submit to ,congress1 for the preceding quarter1 a report on-- 7,a7 the number of such aliens arrested by ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection2 7,b7 the number of such aliens detained by ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection2 7,c7 the number of such aliens for whom ,u4,s4 ,immigration and ,customs ,enforcement has obtained an order of removal2 7,d7 the number of such aliens removed from the ,united ,states and the countries to which such aliens were removed2 and 7,e7 the number of such aliens processed through partnership programs with local law enforcement1 including-- 7i7 the ,secure ,communities immigration enforcement program operated by ,u4,s4 ,immigration and ,customs ,enforcement2 7ii7 a written agreement under section #bhg7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;g772 and 7iii7 detainers placed by ,u4,s4 ,immigration and ,customs ,enforcement4 #abc4 ,protections for ,united ,states citizen children abroad 7a7 ,report on ,united ,states citizen children accompanying removed parents 7#a7 ,in general ,not less frequently than semiannually1 the ,secretary of ,state1 with the cooperation of the ,secretary of ,homeland ,security1 shall submit to ,congress a report on known citizens of the ,united ,states under the age of #ah years who leave the ,united ,states to accompany an alien parent or legal guardian who has been removed from the ,united ,states4 7#b7 ,elements ,each report required by paragraph 7#a7 shall include1 for the preceding reporting period-- 7,a7 the number of such citizens of the ,united ,states2 and 7,b7 for each such citizen of the ,united ,states-- 7i7 his or her current age2 7ii7 the age at which he or she departed the ,united ,states2 7iii7 his or her country of residence2 7iv7 an assessment whether-- 7,i7 either parent was deported or removed from the ,united ,states2 7,,ii7 either parent remains in the ,united ,states2 and 7,,iii7 he or she was in foster care in the ,united ,states at any time2 and 7v7 an identification of any pending custody case in the ,united ,states with respect to such citizen1 as applicable4 7#c7 ,cooperation of ,secretary of ,homeland ,security ,the ,secretary of ,homeland ,security shall provide to the ,secretary of ,state any data of the ,department of ,homeland ,security that the ,secretary of ,state may require to prepare the report under this subsection4 7b7 ,directorate of community outreach ,there is established within the ,department of ,state a directorate for the purpose of conducting outreach to citizens of the ,united ,states under the age of #ah years who have left the ,united ,states to accompany an alien family member who has been removed from the ,united ,states4 ,,ii ,combating fraud and promoting citizenship #bja4 ,combating immigration services fraud 7a7 ,schemes ,to provide fraudulent immigration services 7#a7 ,in general ,chapter #dg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ajda4 ,schemes to provide fraudulent immigration services 7a7 ,in general 7#a7 ,offense ,it shall be unlawful to knowingly or recklessly execute a scheme or artifice1 in connection with any matter that is authorized by or arises under any ,federal immigration law or any matter the offender claims or represents is authorized by or arises under any ,federal immigration law1 to-- 7,a7 defraud any person2 or 7,b7 obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses1 representations1 or promises4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined under this title1 imprisoned for not more than #aj years1 or both4 7b7 ,misrepresentation 7#a7 ,offense ,it shall be unlawful for a person to knowingly and falsely represent that such person is an attorney or an accredited representative 7as that term is defined in section #abib4a of title #h1 ,code of ,federal ,regulations 7or any successor regulation77 in any matter arising under any ,federal immigration law4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined under this title1 imprisoned for not more than #ae years1 or both4 7c7 ,reimbursement ,any person convicted of an offense under this section shall fully reimburse the client for any services that person fraudulently provided4 4 7#b7 ,clerical amendment ,the table of sections for chapter #dg of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #ajdj the following3 #ajda4 ,schemes to provide fraudulent immigration services4 4 7b7 ,local immigration consumer fraud information hotlines and assistance websites ,title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq47 is amended by adding at the end the following3 ,,oo ,immigration consumer fraud hotlines and websites #cjea4 ,immigration consumer fraud hotlines and websites 7a7 ,grant authorization ,the ,attorney ,general shall make grants to ,states1 units of local government1 or any combination thereof1 in partnership with stakeholders1 service providers1 and nonprofit organizations4 7b7 ,mandatory grant uses ,grant funds awarded under this section shall be expended for each of the following purposes3 7#a7 ,immigration consumer fraud information websites ,to provide for the establishment and operation of an immigration consumer fraud information and assistance website1 which shall be a highly secure internet website that provides information and assistance to victims of immigration consumer fraud4 ,in establishing and operating the immigration consumer fraud and assistance website1 the grantee shall-- 7,a7 use grant funds for startup and operation costs associated with establishing and operating the website2 7,b7 use a name or acronym as part of its web address that identifies the website with the geographic locality receiving the grant under subsection 7a72 7,c7 provide accurate information that describes the services available to immigration consumer fraud victims1 including free or low-cost legal assistance2 7,d7 clearly include1 in all pages of the website1 that the information presented is for reference purposes only and does not constitute as legal advice2 and 7,e7 must provide translation of website content1 in languages that are consistent with the criteria outlined in subsection 7d77#b77;,e77i71 either with a web page interface1 or mirrored pages4 7#b7 ,immigration consumer fraud hotlines ,to establish or expand an immigration consumer fraud hotline to provide information and assistance to victims of immigration consumer fraud4 ,in addition1 grantees may1 in operating with the hotline1 work in conjunction with other local programs and activities that serve victims of immigration consumer fraud4 ,in establishing and operating the hotline1 the entity shall-- 7,a7 contract with a carrier for the use of a toll-free telephone line2 7,b7 employ1 train1 and supervise personnel to answer incoming calls and provide assistance and referral services to callers on a #bd-;hour-a-day basis2 7,c7 assemble and maintain a current database of information relating to services for victims of immigration consumer fraud to which callers throughout the ,united ,states may be referred2 and 7,d7 be prohibited from asking hotline callers about their citizenship status4 7c7 ,rule of construction ,nothing in this ,act shall require a grantee receiving funds under this ,act to comply with a request lawfully made by the ,department of ,homeland ,security under section #bcf or #bhg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf and #aceg7 to comply with a detainer for1 or notify about the use of services provided under this ,act by an individual4 7d7 ,application ,the ,attorney ,general may approve an application for a grant under this section only if such application-- 7#a7 contains such agreements1 assurances1 and information1 be in such form1 and be submitted in such manner1 as the ,attorney ,general shall by rule require2 7#b7 in the case of an application for a grant to carry out activities described in subsection 7b77#b71 includes a complete description of the applicant's plan for the operation of an immigration consumer fraud hotline1 including descriptions of-- 7,a7 the training program for hotline personnel1 including technology training to ensure that all persons affiliated with the hotline are able to effectively operate any technological systems used by the hotline2 7,b7 the hiring criteria for hotline personnel2 7,c7 the methods for the creation1 maintenance1 and updating of a resource database2 7,d7 a plan for publicizing the availability of the hotline2 7,e7 a plan for providing service to non-,english speaking callers that-- 7i7 is based on data from the bureau of the census and be consistent with the local area demographics where the immigration consumer fraud hotline will operate such plan will outline which languages are most prevalent and commonly requested for translation services2 or 7ii7 is based on qualitative and quantitative observation from community service providers offering immigration-related services2 and 7,f7 a plan for facilitating access to the hotline by persons with hearing impairments2 and 7#c7 in the case of an application for a grant to carry out activities described in subsection 7b77#a7-- 7,a7 include a complete description of the applicant's plan for the development1 operation1 maintenance1 and updating of information and resources of the immigration consumer fraud information and assistance website2 7,b7 include a certification that the applicant will implement a high-level security system to ensure the confidentiality of the website1 taking into consideration the safety of immigration consumer fraud victims2 7,c7 include an assurance that1 after the third year of the website project1 the recipient of the grant will develop a plan to secure other public or private funding resources to ensure the continued operation and maintenance of the website2 and 7,d7 demonstrate that the applicant has recognized expertise in the area of immigration consumer fraud and a record of high-quality service to victims of immigration consumer fraud1 including a demonstration of support from advocacy groups4 7e7 ,renewal of grants ,a grant made under this section may be renewed1 without limitations on the duration of such renewal1 to provide additional funds1 if the ,attorney ,general determines that the funds made available to the recipient were used in a manner required under an approved application and if the recipient can demonstrate significant progress in achieving the objectives of the initial application4 7f7 ,no cost extensions ,notwithstanding subsection 7e71 the ,attorney ,general may extend a grant period1 without limitations as to the duration of such extension1 to provide additional time to complete the objectives of the initial grant award4 7g7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this section #ae1jjj1jjj for fiscal year #bjbb and each succeeding fiscal year4 7#b7 ,websites ,of the amounts appropriated to carry out this section1 not less than #bj percent shall be used for purposes of carrying out activities under subsection 7b77#a74 7#c7 ,availability ,funds authorized to be appropriated under this section may remain available until expended4 7h7 ,prohibition of data sharing for immigration enforcement purposes 7#a7 ,in general ,notwithstanding section #fdb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgc71 an entity receiving a grant under this section may not disclose or use personally identifiable information provided by individuals using a website or a hotline1 a website or hotline under subsection 7b71 for the purposes of enforcing the immigration laws4 7#b7 ,referrals prohibited ,an entity receiving a grant under this section may not refer any individual participating in any program funded under this section to ,u4,s4 ,immigration and ,customs ,enforcement or to ,u4,s4 ,customs and ,border ,protection4 7#c7 ,personally identifiable information defined ,for purposes of this section1 the term personally identifiable information means any information about an individual elicited1 collected1 stored1 or maintained by an entity receiving a grant under this section1 including-- 7,a7 any information that can be used to distinguish or trace the identity of an individual1 such as a name1 residential address1 a social security number1 a date and place of birth1 or a parent's maiden name2 and 7,b7 any other information that is linked or linkable to an individual1 such as medical1 educational1 financial1 and employment information4 #cjeb4 ,report ,a ,state or unit of local government that receives funds under this part during a fiscal year shall submit to the ,attorney ,general a description and an evaluation report on a date specified by the ,attorney ,general regarding the effectiveness of the programs carried out with a grant under this part4 4 7c7 ,grants to states and local jurisdictions ,to promote outreach campaigns against immigration consumer fraud ,title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq471 as amended by subsection 7b71 is amended by inserting after part ,,oo the following3 ,,pp ,grants to ,states and local jurisdictions to promote outreach campaigns against immigration consumer fraud #cjfa4 ,grants to ,states and local jurisdictions to promote outreach campaigns against immigration consumer fraud 7a7 ,grant authorization 7#a7 ,in general ,the ,attorney ,general shall make grants to ,states1 units of local government1 or any combination thereof1 in partnership with stakeholders1 service providers1 and nonprofit organizations4 7#b7 ,purpose ,the purpose of grants distributed under this subsection is to enable ,states and localities to work with parties in paragraph 7#a7 to carry out outreach campaigns in any of the following3 7,a7 ,access to legal resources1 including free or low-cost legal resources for persons of low income4 7,b7 ,workshops educating the general public on immigration consumer fraud1 including methods to identify such fraud and best practices on prevention4 7,c7 ,hiring of casework staff1 attorneys1 translators1 accredited representatives1 and other similar staff to provide support for outreach objectives4 7,d7 ,printed materials or digital media designed with the intent to educate the public on where to obtain trusted legal resources1 and how to prevent becoming a victim of immigration consumer fraud4 7,e7 ,public service announcements in television or radio1 providing information on resources and assistance on preventing immigration consumer fraud4 7,f7 ,translation services1 including translated equivalents of subparagraph 7,a71 7,b71 7,c71 or 7,d71 consistent with the grantee's immediate translation needs based on-- 7i7 data from the ,bureau of the ,census and be consistent with the local area demographics where the outreach campaign will operate1 along with a description of the languages are most prevalent or commonly requested for translation services2 or 7ii7 quantitative or qualitative observation from community service providers offering immigration-related services4 7b7 ,contents ,in accordance with such requirements as the ,attorney ,general may by rule establish1 each application for a grant under this section shall-- 7#a7 include a long-term strategy and detailed implementation plan that reflects consultation with community groups and appropriate stakeholders2 7#b7 explain the applicant's inability to address the need without ,federal assistance2 7#c7 identify related governmental and community initiatives which compliment or will be coordinated with the proposal2 and 7#d7 identify local service providers and nonprofit organizations that have substantial or significant experience dealing with immigration-related matters4 7c7 ,renewal of grants ,a grant made under this section may be renewed1 without limitations on the duration of such renewal1 to provide additional funds1 if the ,attorney ,general determines that the funds made available to the recipient were used in a manner required under an approved application and if the recipient can demonstrate significant progress in achieving the objectives of the initial application4 7d7 ,no cost extensions ,notwithstanding subsection 7c71 the ,attorney ,general may extend a grant period1 without limitations as to the duration of such extension1 to provide additional time to complete the objectives of the initial grant award4 7e7 ,suspension of funds ,if the ,attorney ,general determines that a grant recipient under this section is not in substantial compliance with the terms and requirements of an approved grant application1 the ,attorney ,general may revoke or suspend funding of that grant1 in whole1 or in part4 7f7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj for fiscal year #bjbb and each succeeding fiscal year4 7#b7 ,availability ,funds authorized to be appropriated under this section may remain available until expended4 7g7 ,prohibition on data sharing for immigration enforcement purposes 7#a7 ,in general ,notwithstanding section #fdb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4#acgc71 an entity receiving a grant under this section may not disclose or use personally identifiable information provided by individuals participating in outreach campaigns specified in subsection 7a7 for the purposes of enforcing the immigration laws4 7#b7 ,referrals prohibited ,an entity receiving a grant under this section may not refer any individual participating in any program funded under this section to ,u4,s4 ,immigration and ,customs ,enforcement or to ,u4,s4 ,customs and ,border ,protection4 7#c7 ,personally identifiable information defined ,for purposes of this section1 the term personally identifiable information means any information about an individual elicited1 collected1 stored1 or maintained by an entity receiving a grant under this section1 including-- 7,a7 any information that can be used to distinguish or trace the identity of an individual1 such as a name1 residential address1 a social security number1 a date and place of birth1 or a parent's maiden name2 and 7,b7 any other information that is linked or linkable to an individual1 such as medical1 educational1 financial1 and employment information4 #cjfb4 ,report ,a ,state or unit of local government that receives funds under this part during a fiscal year shall submit to the ,attorney ,general a description and an evaluation report on a date specified by the ,attorney ,general regarding the effectiveness of the programs carried out with a grant under this part4 4 7d7 ,grants to ,states and local jurisdictions ,to increase enforcement against immigration consumer fraud ,title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq471 as amended by subsections 7b7 and 7c71 is amended by inserting after part ,,pp the following3 ,,qq ,grants to states and local jurisdictions to increase enforcement against immigration consumer fraud #cjga4 ,grants to states and local jurisdictions to increase enforcement against immigration consumer fraud 7a7 ,grant authorization 7#a7 ,in general ,the ,attorney ,general shall make grants to ,states1 units of local government1 or any combination thereof4 7#b7 ,purpose ,the purpose of grants distributed under this subsection is to enable ,states and localities to increase the enforcement of-- 7,a7 ,state and local laws against immigration consumer fraud2 and 7,b7 section #ajda of title #ah1 ,united ,states ,code4 7#c7 ,permitted use of funds ,a ,state or unit of local government that receives a grant under this section may use funds from the grant for activities1 including-- 7,a7 hiring staff1 such as compliance officers that are charged with investigating and enforcing ,federal1 ,state1 and local laws against immigration consumer fraud2 7,b7 training staff1 such as the compliance officers described in subparagraph 7,a72 7,c7 investigating complaints of immigration consumer fraud2 and 7,d7 taking action against violations of ,federal1 ,state1 and local laws relating to immigration consumer fraud1 which may include the prosecution of violators4 7b7 ,contents ,in accordance with such requirements as the ,attorney ,general may by rule establish1 each application for a grant under this section shall-- 7#a7 include a detailed implementation plan that reflects consultation with community groups and appropriate stakeholders2 and 7#b7 explain the inability of the ,state or unit of local government to address the need to increase enforcement of immigration consumer fraud laws without ,federal assistance4 7c7 ,renewal of grants ,a grant made under this section may be renewed1 without limitations on the duration of such renewal1 to provide additional funds1 if the ,attorney ,general determines that the funds made available to the recipient were used in a manner required under an approved application and if the recipient can demonstrate significant progress in achieving the objectives of the initial application4 7d7 ,no cost extensions ,notwithstanding subsection 7c71 the ,attorney ,general may extend a grant period1 without limitations as to the duration of such extension1 to provide additional time to complete the objectives of the initial grant award4 7e7 ,suspension of funds ,if the ,attorney ,general determines that a grant recipient under this section is not in substantial compliance with the terms and requirements of an approved grant application1 the ,attorney ,general may revoke or suspend funding of that grant1 in whole1 or in part4 7f7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj for fiscal year #bjbb and each succeeding fiscal year4 7#b7 ,availability ,funds authorized to be appropriated under this section may remain available until expended4 7g7 ,prohibition on data sharing for immigration enforcement purposes 7#a7 ,in general 7,a7 ,disclosure prohibited ,notwithstanding section #fdb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgc71 an entity receiving a grant under this section may not disclose or use personally identifiable information provided by an individual involved with the work funded under this section for the purposes of enforcing the immigration laws4 7,b7 ,exception ,an entity receiving a grant under this section may disclose or use personally identifiable information provided by an individual involved with the work funded under this section if-- 7i7 the disclosure or use required in order to prosecute a case2 and 7ii7 the individual explicitly permits the use or disclosure4 7#b7 ,referrals prohibited ,an entity receiving a grant under this section may not refer any individual involved with work funded under this section to ,u4,s4 ,immigration and ,customs ,enforcement or to ,u4,s4 ,customs and ,border ,protection4 7#c7 ,personally identifiable information defined ,for purposes of this section1 the term personally identifiable information means any information about an individual elicited1 collected1 stored1 or maintained by an entity receiving a grant under this section1 including-- 7,a7 any information that can be used to distinguish or trace the identity of an individual1 such as a name1 residential address1 a social security number1 a date and place of birth1 or a parent's maiden name2 and 7,b7 any other information that is linked or linkable to an individual1 such as medical1 educational1 financial1 and employment information4 #cjgb4 ,report ,a ,state or unit of local government that receives funds under this part during a fiscal year shall submit to the ,attorney ,general a description and an evaluation report on a date specified by the ,attorney ,general regarding the effectiveness of the programs carried out with a grant under this part4 4 #bjb4 ,requirements for immigration consultants 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,commission1 in consultation with the ,director of the ,executive ,office for ,immigration ,review and the ,secretary of ,homeland ,security1 shall promulgate regulations1 in accordance with section #eec of title #e1 ,united ,states ,code1 that require an immigration consultant-- 7#a7 to disclose in all advertising or promotional material and by displaying a notice at the regular place of business 7if any7 of the consultant that the consultant is not an immigration attorney1 cannot provide legal advice or legal services on immigration matters1 and is not authorized to represent aliens before an immigration court or the ,board of ,immigration ,appeals or authorized to represent others before the ,department of ,homeland ,security in connection with an application for an immigration benefit or an immigration proceeding2 7#b7 if the consultant enters into a written contract for the provision of immigration consulting services-- 7,a7 to ensure that the contract states that-- 7i7 the consultant is not an immigration attorney1 cannot provide legal advice or legal services on immigration matters1 and is not authorized to represent aliens before an immigration court or the ,board of ,immigration ,appeals or authorized to represent others before the ,department of ,homeland ,security in connection with an application for an immigration benefit or an immigration proceeding2 and 7ii7 the client has the right to have the contract reviewed by an attorney2 7,b7 to provide the client with a copy of the contract in ,english and1 if requested by the client1 in one or more other languages2 7,c7 to inform the client of the right to request a copy of the contract in languages other than ,english1 as required by subparagraph 7,b72 and 7,d7 to ensure that the contract provides the client with the right to rescind the contract at any time during the #gb-;hour period after entering into the contract2 7#c7 not to collect fees for immigration consulting services before having rendered the services for which the fees are charged2 7#d7 to return to the client any original document obtained from the client 7unless the original document must be provided to a ,federal or ,state agency or another person and has been so provided7 and to furnish to the client for no additional charge a copy of any document prepared or obtained by the consultant for the client or otherwise used in connection with immigration consulting services for the client 7other than notes or other documents prepared by the consultant for internal use in order to provide such services72 and 7#e7 to retain for not less than #c years after ceasing to provide immigration consulting services for a client a copy of any document required by paragraph 7#d7 to be returned or furnished to the client4 7b7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,immigration consultant ,the term immigration consultant means a person engaged in the provision of immigration consulting services1 except that such term does not include a person who is-- 7,a7 authorized to represent aliens before an immigration court or the ,board of ,immigration ,appeals2 or 7,b7 authorized to represent others in connection with an application or proceeding described in paragraph 7#c77;,a7 before the ,department of ,homeland ,security in accordance with regulations promulgated by the ,secretary of ,homeland ,security4 7#c7 ,immigration consulting services 7,a7 ,in general ,the term immigration consulting services means assistance1 advice1 or services provided to an individual in connection with-- 7i7 application 7or consideration of application7 by such individual for an immigration benefit2 or 7ii7 an immigration proceeding involving such individual before or with the ,department of ,homeland ,security or the ,executive ,office for ,immigration ,review4 7,b7 ,inclusions ,such term includes the following3 7i7 ,assistance with procuring supporting documentation requested by such an agency1 such as a birth certificate or marriage license4 7ii7 ,referring a client to an attorney for legal representation4 7iii7 ,assistance with complying with requirements relating to biometric services4 7,c7 ,exclusions ,such term does not include the following3 7i7 ,completing a form of a ,federal or ,state agency or submitting such form to such agency4 7ii7 ,translating the responses of a client to the information requested on such a form or in other communications with such an agency4 7#d7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 each commonwealth1 territory1 or possession of the ,united ,states1 and each federally recognized ,indian tribe4 7c7 ,applicability and enforcement of regulations 7#a7 ,general application ,the requirements of the regulations promulgated under subsection 7a7 apply1 according to their terms1 to those persons1 partnerships1 and corporations over which the ,commission has authority pursuant to section #e7;a77#b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;a77#b774 7#b7 ,enforcement by ,federal ,trade ,commission 7,a7 ,unfair or deceptive acts or practices ,a violation of a regulation promulgated under subsection 7a7 shall be treated as a violation of a regulation under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b77 regarding unfair or deceptive acts or practices4 7,b7 ,powers of ,commission ,the ,commission shall enforce the regulations promulgated under subsection 7a7 in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq471 and any person who violates such a regulation shall be subject to the penalties and entitled to the privileges and immunities provided in such ,act4 7#c7 ,actions by ,states 7,a7 ,in general ,in any case in which the attorney general of a ,state1 or an official or agency of a ,state1 has reason to believe that an interest of the residents of such ,state has been or is threatened or adversely affected by an act or practice in violation of a regulation promulgated under subsection 7a71 the ,state1 as parens patriae1 may bring a civil action on behalf of the residents of the ,state in an appropriate ,state court or an appropriate district court of the ,united ,states-- 7i7 to enjoin such act or practice2 7ii7 to enforce compliance with such regulation2 7iii7 to obtain on behalf of residents of the ,state-- 7,i7 damages for actual monetary loss from the violation1 or up to #aj1jjj in damages for each such violation1 whichever is greater2 7,,ii7 restitution2 or 7,,iii7 other compensation2 or 7iv7 to obtain such other legal and equitable relief as the court may consider to be appropriate4 7,b7 ,notice ,before filing an action under this subsection1 the attorney general1 official1 or agency of the ,state involved shall provide to the ,commission a written notice of such action and a copy of the complaint for such action4 ,if the attorney general1 official1 or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action1 the attorney general1 official1 or agency shall provide written notice of the action and a copy of the complaint to the ,commission immediately upon the filing of the action4 7,c7 ,authority of ,federal ,trade ,commission 7i7 ,in general ,on receiving notice under subparagraph 7,b7 of an action under this subsection1 the ,commission shall have the right-- 7,i7 to intervene in the action2 7,,ii7 upon so intervening1 to be heard on all matters arising therein2 and 7,,iii7 to file petitions for appeal4 7ii7 ,limitation on ,state action while ,federal action is pending ,if the ,commission or the ,attorney ,general of the ,united ,states has instituted a civil action for violation of a regulation promulgated under subsection 7a7 7referred to in this subparagraph as the ,federal action71 no ,state attorney general1 official1 or agency may bring an action under this subsection during the pendency of the ,federal action against any defendant named in the complaint in the ,federal action for any violation of such regulation alleged in such complaint4 7,d7 ,rule of construction ,for purposes of bringing a civil action under this paragraph1 nothing in this ,act shall be construed to prevent an attorney general1 official1 or agency of a ,state from exercising the powers conferred on the attorney general1 official1 or agency by the laws of such ,state to conduct investigations1 administer oaths and affirmations1 or compel the attendance of witnesses or the production of documentary and other evidence4 7#d7 ,private right of action 7,a7 ,in general ,a person injured by an act or practice in violation of a regulation promulgated under subsection 7a7 may bring in an appropriate ,state court or an appropriate district court of the ,united ,states-- 7i7 an action to enjoin the violation2 7ii7 an action to recover damages for actual monetary loss from the violation1 or to receive up to #aj1jjj in damages for each such violation1 whichever is greater2 or 7iii7 both such actions4 7,b7 ,willful or knowing violations ,if the court finds that the defendant acted willfully or knowingly in committing a violation described in subparagraph 7,a71 the court may1 in its discretion1 increase the amount of the award to an amount equal to not more than #c times the amount available under subparagraph 7,a77ii74 7,c7 ,costs and attorney's fees ,the court shall award to a prevailing plaintiff in an action under this subsection the costs of such action and reasonable attorney's fees1 as determined by the court4 7,d7 ,nonexclusive remedy ,the remedy provided by this subsection shall be in addition to any other remedies available to the person4 #bjc4 ,fee and backlog transparency ,section #bhf7m7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7m77 is amended to read as follows3 7m7 ,immigration service fees 7#a7 ,in general ,except as provided in paragraph 7#b71 all fees designated by the ,secretary of ,homeland ,security in regulations as immigration adjudication fees shall be deposited as offsetting receipts into the ,immigration ,examinations ,fee ,account in the ,treasury of the ,united ,states1 whether such fees are collected directly by the ,secretary or through clerks of courts4 7#b7 ,virgin ,islands and ,guam 7,a7 ,guam ,all fees described in paragraph 7#a7 that are received by the ,secretary of ,homeland ,security from applicants residing in ,guam shall be remitted to the ,department of ,revenue and ,taxation of ,guam4 7,b7 ,virgin islands ,all fees described in paragraph 7#a7 that are received by the ,secretary of ,homeland ,security from applicants residing in the ,united ,states ,virgin ,islands shall be remitted to the ,treasury ,division of the ,united ,states ,virgin ,islands4 7#c7 ,report requirement before fee increase ,the ,secretary of ,homeland ,security may not increase any immigration service fee above the level of such fee as of ,january #a1 #bjai1 before the date that is #fj days after the date on which the ,secretary submits to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report that-- 7,a7 identifies the direct and indirect costs associated with providing adjudication and naturalization services2 7,b7 distinguishes the costs referred to in subparagraph 7,a7 from immigration enforcement and national security costs2 7,c7 identifies the costs allocated for premium processing services to business customers1 as prescribed under subsection 7u72 7,d7 describes the extent to which the fee prescribed in subsection 7u7 is set at a level that ensures full recovery of the costs referred to in subparagraph 7,c72 7,e7 identifies the amount of funding that is being allocated for the infrastructure improvements in the adjudication and customer-service processes prescribed under subsection 7u72 and 7,f7 contains information regarding the amount by which such fee will be increased4 7#d7 ,adjudications delay and backlog report ,not less frequently than quarterly1 the ,secretary of ,homeland ,security shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report that identifies each instance in which-- 7,a7 the processing time of more than #aj percent of adjudications in any single category of immigration benefits surpasses the agency's stated processing goal as of ,january #a1 #bjai2 7,b7 the processing time of more than #e percent of applications for legal permanent residence surpasses #aej days2 and 7,c7 the processing time of more than #e percent of applications for naturalization surpasses #aej days4 4 #bjd4 ,national ,office for ,new ,americans 7a7 ,establishment ,there is established within the ,executive ,office of the ,president an office1 to be known as the ,national ,office of ,new ,americans1 to carry out the purposes described in subsection 7b74 7b7 ,purposes ,the purposes of the ,office are-- 7#a7 to promote and support immigrant and refugee integration into1 and inclusion in1 the social1 economic1 and civic life of the ,united ,states2 7#b7 to ensure that the ,federal ,government and ,federal agencies promote the pursuit of ,united ,states citizenship among immigrants and refugees2 7#c7 to ensure access to quality ,english language learning programs that-- 7,a7 enhance the employment and career prospects and economic integration of ,english language learners2 and 7,b7 increase-- 7i7 the social integration of ,english language learners into local communities2 and 7ii7 the participation of ,english language learners in civic life1 including engagement with ,state and local governments1 schools1 and private and nonprofit community institutions2 7#d7 to provide equal access to workforce development programs1 including by ensuring that such programs meet the demand and unique language1 training1 and educational needs of immigrants and refugees2 7#e7 to oversee and coordinate the efforts of ,federal1 ,state1 and local entities to ensure the effective social1 economic1 linguistic1 and civic integration of immigrants1 refugees and their children2 7#f7 to provide advice and leadership to the ,president1 ,members of ,congress1 and other ,federal ,government officials on the challenges and opportunities facing such entities with respect to immigrant and refugee integration2 7#g7 to cooperate closely with the ,office of ,management and ,budget and other relevant ,federal agencies to analyze the impact of immigrant and refugee integration policies on the ,federal budget2 7#h7 to evaluate the scale1 quality1 and effectiveness of ,federal ,government efforts concerning immigrant and refugee social and economic integration1 including access to ,united ,states citizenship1 ,english language learning1 and workforce development programs2 7#i7 to identify the anticipated effects of new ,federal policies on existing integration efforts and advise the ,president on how to address potential integration needs or the impacts of such policies2 7#aj7 to consult on a biannual basis with ,state and local government officials on the immigrant and refugee integration challenges and opportunities facing ,states and units of local government2 and 7#aa7 to submit to the ,president and the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a biannual report that describes the activities of the ,office and the results of the consultation process required under paragraph 7#aj74 7c7 ,director 7#a7 ,in general ,the ,office shall be headed by a ,director of the ,national ,office of ,new ,americans1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7#b7 ,duties ,the ,director shall-- 7,a7 establish ,office policies1 objectives1 and priorities with respect to immigrant and refugee integration2 7,b7 with the assistance of the ,deputy ,director for ,citizenship and ,inclusion1 the ,deputy ,director for ,workforce and ,economy1 and the ,associate ,director1 carry out the purposes of the ,office2 7,c7 make recommendations to the ,president regarding changes in the organization1 management1 programs1 and budget of the ,federal ,government necessary to promote the integration of immigrants and refugees2 7,d7 consult1 support1 and coordinate with ,state and local government efforts to promote ,united ,states citizenship and integration of immigrants and refugees2 and 7,e7 serve as a member of the ,domestic ,policy ,council and the ,national ,economic ,council4 7#c7 ,powers ,in carrying out the duties described in paragraph 7#b7 and the purposes of the ,office1 the ,director may-- 7,a7 select1 appoint1 employ1 and fix compensation of such officers and employees as may be necessary2 7,b7 with the concurrence of the head of the applicable ,federal agency1 direct the temporary reassignment within the ,federal ,government of personnel employed by the ,federal agency2 7,c7 use for administrative purposes1 on a reimbursable basis1 the available service1 equipment1 personnel1 and facilities of ,federal1 ,state1 and local agencies2 7,d7 procure the services of experts and consultants in accordance with section #caji of title #e1 ,united ,states ,code1 relating to appointments in the ,federal service1 at rates of compensation for individuals not to exceed the daily equivalent of the rate of pay payable for ,,gs-#ah of the ,general ,schedule under section #eccb of title #e1 ,united ,states ,code2 7,e7 accept and use donations of property from ,federal1 ,state1 and local government agencies2 7,f7 use the mail in the same manner as other ,federal agencies2 and 7,g7 monitor the implementation of the immigrant and refugee integration-related activities of the ,federal ,government1 including-- 7i7 conducting program and performance audits and evaluations2 and 7ii7 requesting assistance from the ,inspector ,general of relevant ,federal agencies in such audits and evaluations4 7d7 ,deputy directors 7#a7 ,in general ,there shall be in the ,office a ,deputy ,director for ,citizenship and ,inclusion and a ,deputy ,director for ,workforce and ,economy1 each of whom shall be appointed by the ,president1 in consultation with the ,director4 7#b7 ,duties 7,a7 ,deputy ,director for ,citizenship and ,inclusion ,the ,deputy ,director for ,citizenship and ,inclusion shall1 among other duties as assigned by the ,director1 assist the ,director to promote access to ,united ,states citizenship and inclusion of immigrants and refugees in the social1 economic1 and civic life of their communities and the ,united ,states4 7,b7 ,deputy ,director for ,workforce and ,economy ,the ,deputy ,director for ,workforce and ,economy shall1 among other duties as assigned by the ,director1 assist the ,director to promote the participation of immigrants and refugees in the ,united ,states workforce and increase the contributions of immigrants and refugees to the ,united ,states economy4 7e7 ,bureau of ,state and ,local ,affairs 7#a7 ,establishment ,there is established within the ,office a ,bureau of ,state and ,local ,affairs4 7#b7 ,associate ,director 7,a7 ,in general ,the ,bureau of ,state and ,local ,affairs shall be headed by an ,associate ,director of ,state and ,local ,affairs1 who shall be appointed by the ,director4 7,b7 ,responsibilities ,the ,associate ,director shall1 among other duties as assigned by the ,director1 assist the ,director in coordinating the efforts of ,state and local entities to support the economic1 linguistic1 and civic integration of immigrants1 refugees and their children4 7f7 ,access by ,congress ,the establishment of the ,office for ,new ,americans within the ,executive ,office of the ,president shall not be construed as affecting access by any ,member of ,congress or any committee of the ,senate or the ,house of ,representatives to-- 7#a7 any information1 document1 or study in the possession of1 or conducted by or at the direction of1 the ,director2 or 7#b7 personnel of the ,office4 7g7 ,limitation ,an individual may not serve as ,director1 ,deputy ,director for ,citizenship and ,inclusion1 ,deputy ,director for ,workforce and the ,economy1 or ,associate ,director while serving in any other position in the ,federal ,government4 7h7 ,definitions ,in this section3 7#a7 ,associate ,director ,the term ,associate ,director means the ,associate ,director of ,state and ,local ,affairs appointed under subsection 7e77#b74 7#b7 ,director ,the term ,director means the ,director of the ,national ,office of ,new ,americans4 7#c7 ,federal agency ,the term ,federal agency has the meaning given the term agency in section #eea of title #e1 ,united ,states ,code4 7#d7 ,office ,the term ,office means the ,national ,office for ,new ,americans established under subsection 7a74 ,,iii ,building community trust #cja4 ,protecting aliens who are victims of or witnesses to crimes or are defending civil rights 7a7 ,in general ,the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall ensure1 except as provided in subsection 7b71 that removal proceedings are not initiated against any alien who is known to be-- 7#a7 a victim of domestic violence1 human trafficking1 or any other serious crime2 7#b7 a witness involved in a pending criminal investigation or prosecution2 7#c7 a plaintiff in a nonfrivolous lawsuit regarding violations of his or her civil rights1 including with respect to union organizing and employment discrimination1 as described in the memorandum of the ,u4,s4 ,immigration and ,customs ,enforcement entitled ,prosecutorial ,discretion3 ,certain ,victims1 ,witnesses1 and ,plaintiffs issued on ,june #ag1 #bjaa2 or 7#d7 actively engaged in an activity related to the preservation of his or her employment1 housing1 or other legally protected rights4 7b7 ,exceptions 7#a7 ,in general ,notwithstanding subsection 7a71 an alien described in such subsection may be subject to removal proceedings if the ,secretary of ,homeland ,security determines1 on a case-by-case basis1 that there is sufficient evidence to conclude that the alien-- 7,a7 has committed a serious crime2 7,b7 poses a threat to public safety2 7,c7 has engaged in serious violations of human rights2 7,d7 has engaged in significant immigration fraud2 or 7,e7 has filed a claim in bad faith with intent to delay or avoid the removal of an alien4 7#b7 ,savings provision ,nothing in this subsection may be construed to deny any alien who has been a victim of domestic violence1 human trafficking1 or certain other crimes from receiving the immigration benefits to which he or she is entitled under the ,violence ,against ,women ,act of #aiid 7title ,,iv of ,public ,law #ajc-cbb71 the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gaja et seq471 or any other applicable law4 7c7 ,effect of violation ,with respect to a removal proceeding commenced as a result of an enforcement action carried out in violation of subsection 7a7-- 7#a7 information resulting from such enforcement action may not be entered into the record of proceeding or received into evidence2 7#b7 the alien who is the subject of the removal proceeding may file a motion for the immediate termination of the removal proceeding2 and 7#c7 in considering whether to administratively close the removal proceeding1 the immigration judge shall give appropriate weight to the circumstances of such enforcement action4 #cjb4 ,semiannual report on certain enforcement actions ,the ,secretary of ,homeland ,security shall submit a semiannual report to the ,committee on the ,judiciary of the ,senate1 the ,committee on ,appropriations of the ,senate1 the ,committee on the ,judiciary of the ,house of ,representatives1 and the ,committee on ,appropriations of the ,house of ,representatives that identifies1 for the most recent #ahj-;day period for which such data is available1 the number of arrests1 detentions1 and removals of aliens described in section #cjb7;a74 #cjc4 ,rule of construction ,nothing in this ,act or the amendments made by this ,act shall be construed to modify-- 7#a7 the applicability of any ground of inadmissibility or deportability relating to criminal convictions2 or 7#b7 the eligibility criteria relating to criminal convictions for any application or form of relief under the immigration laws4