,,ii #aaith ,,congress #b;d ,session ,s4 #each ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bg1 #bjbf,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 ,act of #bjbf4 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 certain aliens4,sec4 #aad4 ,motions to reopen in cases involving fraud1 negligence1 misrepresentation1 extortion1 and unauthorized practice of law4,sec4 #aae4 ,withdrawal without penalty 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 certain immigrants4,sec4 #abc4 ,report on ,united ,states citizens detained or deported4,sec4 #abd4 ,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,,title ,,iii--,building community trust,sec4 #cja4 ,protecting aliens who are victims of or witnesses to crimes or are defending civil rights4,sec4 #cjb4 ,rule of construction4 #b4 ,findings ,congress makes the following findings3 7#a7 ,immigration plays a defining role in the identity of the ,united ,states4 ,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 in the ,united ,states centuries ago1 other families are continuing that tradition today4 ,there are #ea1ijj1jjj immigrants who live in the ,united ,states4 ,the immigrant population of the ,united ,states comprises #ae percent of the population1 while another #ac percent of the population are second-generation ,americans4 ,there are #ah1caj1jjj children in the ,united ,states who live with #a or more immigrant parents1 representing #bf4e percent of all children4 7#c7 ,in the ,united ,states-- 7,a7 #bf1jjj1jjj individuals live in a household with #a or more family members who are not authorized to be in the ,united ,states2 and 7,b7 #d1fjj1jjj ,united ,states citizen children 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 ,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#f7 ,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#g7 ,immigrant entrepreneurs account for more than #cj percent of all new business owners in the ,united ,states4 ,in #bjbe1 #bca of the companies listed on the ,fortune #ejj were founded by immigrants or children of immigrants4 7#h7 ,as of #bjbc1 approximately #i1gjj1jjj workers in the ,united ,states were undocumented immigrants4 ,undocumented immigrants contributed more than #cg1jjj1jjj1jjj in ,state and local taxes in #bjbb4 7#i7 ,removing undocumented residents from mixed-status households cuts the median income of such households by #dh percent4 7#aj7 ,removing #h1cjj1jjj undocumented workers from the workforce would reduce gross domestic product by as much as #g4d percent by #bjbh4 7#aa7 ,approximately #a1ejj1jjj 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 at risk of separation from a loved one due to detention or removal from the ,united ,states4 ,neurobiological research demonstrates the acute and lasting trauma that family separation1 and the threat of separation1 causes in children1 such as changes in the architecture of the brain and increased likelihood 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 ,deferred ,action for ,childhood ,arrivals program1 as set forth in the final rule issued by the ,department of ,homeland ,security and entitled ,deferred ,action for ,childhood ,arrivals 7#hg ,fed4 ,reg4 #ecaeb 7,august #cj1 #bjbb774 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 and 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 if 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 #ba 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 #bjh or a bona fide application for withholding of removal under section #bda7;b77#c74 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 redesignating subclauses 7,i7 and 7,,ii7 as items 7aa7 and 7bb71 respectively1 and moving such items1 as redesignated1 #b ems to the right2 7ii7 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 7iii7 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 ,exceptions 7aa7 ,children ,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 7bb7 ,,vawa self-petitioners ,an alien who is a ,,vawa self-petitioner shall not be considered to be inadmissible under any provision of this subsection based on a misrepresentation that is connected to the alien's abuse4 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 or 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 ,exceptions 7,i7 ,children ,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 7,,ii7 ,,vawa self-petitioners ,an alien who is a ,,vawa self-petitioner shall not be considered to be deportable under any provision of this subsection based on a misrepresentation that is connected to the alien's abuse4 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;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7;i77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 in the undesignated matter following clause 7ii71 by striking the semicolon and inserting 2 and2 7,b7 in subparagraph 7,b7-- 7i7 in clause 7i71 by striking ,april #cj1 #bjja and inserting the date that is not later than #e years after the date of the enactment of the ,fairness for ,immigrant ,families ,act of #bjbf2 and 7ii7 in clause 7ii71 by striking 2 and and inserting a period2 and 7,c7 by striking subparagraph 7,c72 and 7#b7 by amending paragraph 7#c77;,b7 to read as follows3 7,b7 ,any remaining portion of such fees remitted under such paragraphs shall be deposited into the ,immigration ,examinations ,fee ,account established under section #bhf7m74 4 ,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 #ba 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 #bjbe2 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 #bjbe1 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 ,waiver of extreme hardship ,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 7b77#a77;,d7 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 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 7#h7 ,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 ,not later than #i months after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall promulgate final 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 certain aliens 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 or for classification as a ,,vawa self-petitioner 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 7#c7 ,stay of removal ,an individual who is prima facie eligible to receive a visa under section #bjc7;d7 of a petition for classification under section #bjd due to the changes enacted by the ,fairness for ,immigrant ,families ,act of #bjbf1 or who is prima facie eligible to apply for cancellation of removal under the changes enacted by such ,act may not be removed during the period beginning on the date of the enactment of such ,act and ending on the date that is #f months after the date on which the rules for the implementation of such provisions are finalized4 7f7 ,prohibition on removal of ,,daca recipients ,an alien who has an active grant of deferred action pursuant to the ,deferred ,action for ,childhood ,arrivals program1 as set forth in the final rule issued by the ,department of ,homeland ,security and entitled ,deferred ,action for ,childhood ,arrivals 7#hg ,fed4 ,reg4 #ecaeb 7,august #cj1 #bjbb771 or whose application for renewal of such deferred action is pending adjudication by ,u4,s4 ,citizenship and ,immigration ,services1 may not be removed4 7g7 ,presumption of non-,detention ,there shall be a presumption of nondetention for individuals described in subsections 7e7 and 7f74 ,this presumption shall not apply if the ,secretary of ,homeland ,security1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 or an immigration judge specifically determines that the alien is a threat to himself or herself1 the public1 or national security4 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 #aae4 ,withdrawal without penalty in cases involving fraud1 negligence1 misrepresentation1 extortion1 and unauthorized practice of law ,section #bci of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi7 is amended by adding at the end the following3 7f7 ,fraud1 negligence1 misrepresentation1 or extortion by1 or attempted1 promised1 or actual practice of law without authorization on the part of1 a representative 7#a7 ,in general ,an alien may withdraw an application or petition submitted by the alien without penalty 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 an individual who claimed to be such a representative1 if the alien establishes 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 individual1 by a preponderance of the evidence4 7#b7 ,prohibition on issuance of ,notice to ,appear ,the ,secretary of ,homeland ,security shall not issue a ,notice to ,appear based on information provided in an application1 petition1 or withdrawal request submitted by an alien described in paragraph 7#a74 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-- 7#a7 describes the result of the review2 and 7#b7 includes the rational for removal in each case4 7c7 ,nondelegation ,the ,director may not delegate the responsibilities under this section4 #abb4 ,report on enforcement actions against certain immigrants 7a7 ,in general ,with respect to covered aliens-- 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 #bjbe1 and ending on the date of the enactment of this ,act2 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 a final 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 a written agreement under section #bhg7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;g772 and 7ii7 detainers placed by ,u4,s4 ,immigration and ,customs ,enforcement4 7b7 ,covered aliens defined ,in this section1 the term covered aliens means-- 7#a7 alien parents of children who-- 7,a7 are citizens of the ,united ,states2 7,b7 are lawfully admitted for permanent residence 7as defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a7772 or 7,c7 have been granted deferred action pursuant to the ,deferred ,action for ,childhood ,arrivals program set forth in the final rule issued by the ,department of ,homeland ,security entitled ,deferred ,action for ,childhood ,arrivals 7#hg ,fed4 ,reg4 #ecaeb 7,august #cj1 #bjbb772 7#b7 aliens who have been granted deferred action pursuant to the ,deferred ,action for ,childhood ,arrivals program set forth in the final rule issued by the ,department of ,homeland ,security entitled ,deferred ,action for ,childhood ,arrivals 7#hg ,fed4 ,reg4 #ecaeb 7,august #cj1 #bjbb772 7#c7 aliens with pending applications for classification as ,,vawa self-petitioners 7as defined in section #aja7;a77#ea7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ea7772 7#d7 aliens who are applicants for status as nonimmigrants described in subparagraph 7,t7 or 7,u7 of section #aja7;a77#ae7 of that ,act 7#h ,u4,s4,c4 #aaja7;a77#ae772 7#e7 aliens who are applicants for status as special immigrants described in section #aja7;a77#bg77;,j7 of that ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77;,j772 and 7#f7 aliens granted status as special immigrants under that section4 #abc4 ,report on ,united ,states citizens detained or deported 7a7 ,initial report ,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 ,united ,states citizens detained or removed from the ,united ,states during the period beginning on ,january #bj1 #bjbe1 and ending on the date of the enactment of this ,act4 7b7 ,immediate report ,not later than #bd hours after the detention or removal of a ,united ,states citizen1 the ,secretary of ,homeland ,security shall submit to ,congress a report regarding the incident1 including a description of the actions being taken in response to such incident4 7c7 ,quarterly report ,not less frequently than quarterly1 the ,secretary of ,homeland ,security shall submit to ,congress a report on any ,united ,states citizen detained or removed from the ,united ,states during the preceding quarter1 including a description of the actions taken by the ,secretary in response to each such detention or removal4 #abd4 ,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 #ah years of age 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 under 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 7c7 ,duties ,the duties of the directorate established under subsection 7b7 shall include-- 7#a7 facilitating access to passports1 birth certificates1 education records1 health records1 and any other documents necessary for ,united ,states citizen children's integration into destination country and travel to the ,united ,states2 7#b7 working with destination countries to ensure ,united ,states citizen children's integration into new communities2 7#c7 assisting ,united ,states citizen children with information regarding eligibility for any benefits and responsibilities1 such as education1 voting1 and selective service2 7#d7 to the extent feasible1 conducting voluntary pre-departure consultations with families to establish the needs of the ,united ,states citizen children for successful integration in the destination country2 and 7#e7 other duties to fulfill the purpose described in subsection 7b74 ,,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 ,,pp ,immigration consumer fraud hotlines and digital tools #cjfa4 ,immigration consumer fraud hotlines and digital tools 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 digital tools ,to provide for the establishment and operation of an immigration consumer fraud information and assistance digital tools1 including websites or applications1 which shall be a highly secure internet resource that provides information and assistance to victims of immigration consumer fraud4 ,in establishing and operating the immigration consumer fraud and assistance digital tool1 the grantee shall-- 7,a7 use grant funds for startup and operation costs associated with establishing and operating the tool2 7,b7 use a name or acronym as part of its website that identifies the tool 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 tool1 that the information presented is for reference purposes only and does not constitute as legal advice2 and 7,e7 provide translation of resource 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 train 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 is in such form1 and is 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 and 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 #bjbg1 and for 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 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 ,defined term ,in 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 an alien registration 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 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 ,,pp the following3 ,,qq ,grants to ,states and local jurisdictions to promote outreach campaigns against immigration consumer fraud #cjga4 ,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 representatives 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 subparagraphs 7,a71 7,b71 7,c7 or 7,d71 consistent with the grantee's immediate translation needs based on-- 7i7 data from the ,bureau of the ,census that is 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 #bjbg1 and for 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 ,defined term ,in 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 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 ,,qq the following3 ,,rr ,grants to ,states and local jurisdictions to increase enforcement against immigration consumer fraud #cjha4 ,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 #bjbg1 and for 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 ,defined term ,in 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 #cjhb4 ,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 ,annual report on immigration fees ,not less frequently than annually1 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 on the collection and use of immigration fees that-- 7,a7 identifies-- 7i7 total fee revenue collected1 disaggregated by the type of immigration benefit for which fees were collected2 7ii7 the expenditures of such revenue1 disaggregated by major function1 including adjudications1 customer service1 fraud detection or vetting1 and information technology modernization2 and 7iii7 any transfer of funds from the ,immigration ,examinations ,fee ,account and any funds appropriated to ,u4,s4 ,citizenship and ,immigration ,services to other divisions within the ,department of ,homeland ,security or to other ,federal departments or agencies2 and 7,b7 describes the use of carryover balances and reserves related to the ,immigration ,examinations ,fee ,account4 7#d7 ,accountability relating to fee increases ,the ,secretary of ,homeland ,security may not increase any immigration service fee above the level of such fee as of ,january #a1 #bjbf1 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 7,f7 contains information regarding the amount by which such fee will be increased2 7,g7 itemizes the total amount an applicant may be required to pay2 and 7,h7 identifies which parts of the fee are waivable4 7#e7 ,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 for the preceding quarter-- 7,a7 median processing times1 disaggregated by form number2 7,b7 total pending caseloads1 disaggregated by form number2 7,c7 the number of applications received1 completed1 approved1 denied1 and pending2 7,d7 staffing levels for adjudications2 7,e7 the percentage of applications processed in conformity with ,u4,s4 ,citizenship and ,immigration ,services processing goals2 7,f7 each instance in which 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 #bjbf2 7,g7 each instance in which the processing time of more than #e percent of applications for lawful permanent residence surpasses #aej days2 and 7,h7 each instance in which the processing time of more than #e percent of applications for naturalization surpasses #aej days4 4 ,,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 is not effectuated1 removal proceedings are not initiated1 and expedited removal is not invoked 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 prosecution at the ,federal1 ,state1 local1 or ,tribal level2 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 ,victims and ,witnesses of ,exploitative ,labor ,practices issued on ,january #bc1 #bjbc2 7#d7 a recipient of deferred action related to worksite enforcement1 as described in the memorandum of the ,department of ,homeland ,security entitled ,worksite ,enforcement3 ,the ,strategy to ,protect the ,american ,labor ,market1 the ,conditions of the ,american ,worksite1 and the ,dignity of the ,individual issued on ,october #ab1 #bjba2 or 7#e7 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 been convicted of a serious crime2 7,b7 poses an individualized threat to any person or public safety2 7,c7 has engaged in serious violations of human rights2 7,d7 is complicit 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 7d7 ,presumption of non-,detention ,there shall be a presumption of nondetention for individuals described in subsection 7a74 ,such presumption shall not apply if the ,secretary of ,homeland ,security1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 or an immigration judge specifically determines that the alien is a threat to himself or herself1 the public1 or national security4 7e7 ,report ,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 ,senate 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 subsection 7a74 #cjb4 ,rule of construction ,nothing in this ,act1 or in the amendments made by this ,act1 may 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