I
119THCONGRESS
1
STSESSION H. R. 1589
To authorize the cancellation of removal and adjustment of status of certain
aliens, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY26, 2025
Ms. G
ARCIAof Texas (for herself, Ms. VELA´ZQUEZ, Ms. CLARKEof New York,
Ms. S
ALAZAR, Ms. LOFGREN, Ms. JAYAPAL, Mrs. RAMIREZ, Mr. CORREA,
Ms. C
HU, Mr. JEFFRIES, Ms. CLARKof Massachusetts, Mr. AGUILAR,
Mr. L
IEU, Mr. NEGUSE, Ms. DELBENE, Mr. RASKIN, Ms. DELAURO, Mr.
T
HOMPSONof Mississippi, Mr. SCOTTof Virginia, Ms. WATERS, Mr.
P
ALLONE, Mr. NEAL, Mr. SMITHof Washington, Ms. CRAIG, Mr.
M
EEKS, Mr. TAKANO, Mr. LARSENof Washington, Mr. HUFFMAN, Mr.
H
IMES, Mr. MORELLE, Mr. MCGOVERN, Mr. CONNOLLY, Mr. ESPAILLAT,
Mr. C
ASAR, Ms. MENG, Ms. LEGERFERNANDEZ, Mr. FIGURES, Ms. SE-
WELL, Ms. ANSARI, Mr. STANTON, Mr. GRIJALVA, Mr. THOMPSONof
California, Mr. B
ERA, Ms. MATSUI, Mr. GARAMENDI, Mr. HARDERof
California, Mr. D
ESAULNIER, Ms. PELOSI, Ms. SIMON, Mr. GRAY, Mr.
S
WALWELL, Mr. MULLIN, Mr. LICCARDO, Mr. KHANNA, Mr. PANETTA,
Mr. C
OSTA, Mr. CARBAJAL, Ms. BROWNLEY, Mr. WHITESIDES, Ms.
R
IVAS, Mr. CISNEROS, Mr. RUIZ, Ms. FRIEDMAN, Mr. SHERMAN, Mr.
G
OMEZ, Mrs. TORRESof California, Ms. SA´NCHEZ, Mr. GARCIAof Cali-
fornia, Ms. B
ARRAGA´N, Mr. TRAN, Mr. LEVIN, Mr. PETERS, Ms. JACOBS,
Mr. V
ARGAS, Ms. DEGETTE, Mr. CROW, Ms. PETTERSEN, Mr. LARSON
of Connecticut, Mr. C
OURTNEY, Mrs. HAYES, Ms. NORTON, Ms.
M
CBRIDE, Mr. SOTO, Mr. FROST, Ms. CASTORof Florida, Mrs.
C
HERFILUS-MCCORMICK, Ms. WILSONof Florida, Ms. WASSERMAN
S
CHULTZ, Mr. BISHOP, Mr. JOHNSONof Georgia, Ms. WILLIAMSof
Georgia, Mrs. M
CBATH, Mr. DAVIDSCOTTof Georgia, Ms. TOKUDA, Ms.
D
AVIDSof Kansas, Mr. JACKSONof Illinois, Ms. KELLYof Illinois, Mr.
G
ARCI´Aof Illinois, Mr. QUIGLEY, Mr. CASTEN, Mr. DAVISof Illinois, Mr.
K
RISHNAMOORTHI, Ms. SCHAKOWSKY, Mr. SCHNEIDER, Mr. FOSTER,
Ms. B
UDZINSKI, Ms. UNDERWOOD, Mr. SORENSEN, Mr. MRVAN, Mr.
C
ARSON, Mr. MCGARVEY, Mr. CARTERof Louisiana, Mrs. TRAHAN, Mr.
M
OULTON, Ms. PRESSLEY, Mr. KEATING, Mr. OLSZEWSKI, Ms.
E
LFRETH, Mr. IVEY, Mr. HOYER, Mrs. MCCLAINDELANEY, Mr.
M
FUME, Ms. PINGREE, Ms. SCHOLTEN, Mrs. DINGELL, Ms. MCDONALD
R
IVET, Ms. STEVENS, Ms. TLAIB, Mr. THANEDAR, Ms. MORRISON, Ms.
M
CCOLLUM, Ms. OMAR, Mr. BELL, Mr. CLEAVER, Ms. ROSS, Mrs.
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FOUSHEE, Ms. ADAMS, Mr. CONAWAY, Mr. GOTTHEIMER, Mr. MENEN-
DEZ, Ms. POU, Mrs. MCIVER, Ms. SHERRILL, Mrs. WATSONCOLEMAN,
Ms. S
TANSBURY, Mr. VASQUEZ, Ms. TITUS, Mr. HORSFORD, Mr. SUOZZI,
Mr. G
OLDMANof New York, Mr. NADLER, Ms. OCASIO-CORTEZ, Mr.
T
ORRESof New York, Mr. LATIMER, Mr. TONKO, Mrs. BEATTY, Ms.
B
ROWN, Ms. BONAMICI, Ms. DEXTER, Ms. HOYLEof Oregon, Ms.
B
YNUM, Ms. SALINAS, Mr. BOYLEof Pennsylvania, Mr. EVANSof Penn-
sylvania, Ms. D
EANof Pennsylvania, Ms. SCANLON, Ms. HOULAHAN, Ms.
L
EEof Pennsylvania, Mr. DELUZIO, Mr. HERNA´NDEZ, Mr. AMO, Mr.
M
AGAZINER, Mr. CLYBURN, Mr. COHEN, Mrs. FLETCHER, Mr. GREEN
of Texas, Ms. E
SCOBAR, Mr. TURNERof Texas, Mr. CASTROof Texas,
Mr. C
UELLAR, Ms. CROCKETT, Ms. JOHNSONof Texas, Mr. VEASEY, Mr.
D
OGGETT, Ms. MCCLELLAN, Mr. VINDMAN, Mr. BEYER, Mr.
S
UBRAMANYAM, Ms. PLASKETT, Ms. BALINT, Ms. RANDALL, Ms.
S
CHRIER, Ms. STRICKLAND, Mr. POCAN, Ms. MOOREof Wisconsin, Mr.
A
UCHINCLOSS, Mr. MIN, Mr. NORCROSS, Ms. LOISFRANKELof Florida,
and Mr. R
YAN) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on Edu-
cation and Workforce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To authorize the cancellation of removal and adjustment
of status of certain aliens, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3
(a) S
HORTTITLE.—This Act may be cited as the 4
‘‘American Dream and Promise Act of 2025’’. 5
(b) T
ABLE OFCONTENTS.—The table of contents for 6
this Act is as follows: 7
Sec. 1. Short title; table of contents.
TITLE I—DREAM ACT OF 2025
Sec. 101. Short title.
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Sec. 102. Permanent resident status on a conditional basis for certain long-
term residents who entered the United States as children.
Sec. 103. Terms of permanent resident status on a conditional basis.
Sec. 104. Removal of conditional basis of permanent resident status.
Sec. 105. Restoration of State option to determine residency for purposes of
higher education benefits.
TITLE II—AMERICAN PROMISE ACT OF 2025
Sec. 201. Short title.
Sec. 202. Adjustment of status for certain nationals of certain countries des-
ignated for temporary protected status or deferred enforced de-
parture.
Sec. 203. Clarification.
TITLE III—GENERAL PROVISIONS
Sec. 301. Definitions.
Sec. 302. Submission of biometric and biographic data; background checks.
Sec. 303. Limitation on removal; application and fee exemption; and other con-
ditions on eligible individuals.
Sec. 304. Determination of continuous presence and residence.
Sec. 305. Exemption from numerical limitations.
Sec. 306. Availability of administrative and judicial review.
Sec. 307. Documentation requirements.
Sec. 308. Rulemaking.
Sec. 309. Confidentiality of information.
Sec. 310. Grant program to assist eligible applicants.
Sec. 311. Provisions affecting eligibility for adjustment of status.
Sec. 312. Supplementary surcharge for appointed counsel.
Sec. 313. Annual report on provisional denial authority.
TITLE I—DREAM ACT OF 2025 1
SEC. 101. SHORT TITLE. 2
This title may be cited as the ‘‘Dream Act of 2025’’. 3
SEC. 102. PERMANENT RESIDENT STATUS ON A CONDI-4
TIONAL BASIS FOR CERTAIN LONG-TERM 5
RESIDENTS WHO ENTERED THE UNITED 6
STATES AS CHILDREN. 7
(a) C
ONDITIONALBASIS FORSTATUS.—Notwith-8
standing any other provision of law, and except as pro-9
vided in section 104(c)(2), an alien shall be considered, 10
at the time of obtaining the status of an alien lawfully 11
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admitted for permanent residence under this section, to 1
have obtained such status on a conditional basis subject 2
to the provisions of this title. 3
(b) R
EQUIREMENTS.— 4
(1) I
N GENERAL.—Notwithstanding any other 5
provision of law, the Secretary or the Attorney Gen-6
eral shall adjust to the status of an alien lawfully 7
admitted for permanent residence on a conditional 8
basis, or without the conditional basis as provided in 9
section 104(c)(2), an alien who is inadmissible or de-10
portable from the United States, is subject to a 11
grant of Deferred Enforced Departure, has tem-12
porary protected status under section 244 of the Im-13
migration and Nationality Act (8 U.S.C. 1254a), or 14
is the son or daughter of an alien admitted as a non-15
immigrant under subparagraph (E)(i), (E)(ii), 16
(H)(i)(b), or (L) of section 101(a)(15) of such Act 17
(8 U.S.C. 1101(a)(15)) if— 18
(A) the alien has been continuously phys-19
ically present in the United States since Janu-20
ary 1, 2021; 21
(B) the alien was 18 years of age or 22
younger on the date on which the alien entered 23
the United States and has continuously resided 24
in the United States since such entry; 25
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(C) the alien— 1
(i) subject to paragraph (2), is not in-2
admissible under paragraph (1), (6)(E), 3
(6)(G), (8), or (10) of section 212(a) of 4
the Immigration and Nationality Act (8 5
U.S.C. 1182(a)); 6
(ii) has not ordered, incited, assisted, 7
or otherwise participated in the persecution 8
of any person on account of race, religion, 9
nationality, membership in a particular so-10
cial group, or political opinion; and 11
(iii) is not barred from adjustment of 12
status under this title based on the crimi-13
nal and national security grounds de-14
scribed under subsection (c), subject to the 15
provisions of such subsection; and 16
(D) the alien— 17
(i) has been admitted to an institution 18
of higher education; 19
(ii) has been admitted to an area ca-20
reer and technical education school at the 21
postsecondary level; 22
(iii) in the United States, has ob-23
tained— 24
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(I) a high school diploma or a 1
commensurate alternative award from 2
a public or private high school; 3
(II) a General Education Devel-4
opment credential, a high school 5
equivalency diploma recognized under 6
State law, or another similar State- 7
authorized credential; 8
(III) a credential or certificate 9
from an area career and technical 10
education school at the secondary 11
level; or 12
(IV) a recognized postsecondary 13
credential; or 14
(iv) is enrolled in secondary school or 15
in an education program assisting students 16
in— 17
(I) obtaining a high school di-18
ploma or its recognized equivalent 19
under State law; 20
(II) passing the General Edu-21
cation Development test, a high school 22
equivalence diploma examination, or 23
other similar State-authorized exam; 24
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(III) obtaining a certificate or 1
credential from an area career and 2
technical education school providing 3
education at the secondary level; or 4
(IV) obtaining a recognized post-5
secondary credential. 6
(2) W
AIVER OF GROUNDS OF INADMIS -7
SIBILITY.—With respect to any benefit under this 8
title, and in addition to the waivers under subsection 9
(c)(2), the Secretary may waive the grounds of inad-10
missibility under paragraph (1), (6)(E), (6)(G), or 11
(10)(D) of section 212(a) of the Immigration and 12
Nationality Act (8 U.S.C. 1182(a)) for humanitarian 13
purposes, for family unity, or because the waiver is 14
otherwise in the public interest. 15
(3) A
PPLICATION FEE.— 16
(A) I
N GENERAL.—The Secretary may, 17
subject to an exemption under section 303(c), 18
require an alien applying under this section to 19
pay a reasonable fee that is commensurate with 20
the cost of processing the application but does 21
not exceed $495.00. 22
(B) S
PECIAL PROCEDURES FOR APPLI -23
CANTS WITH DACA.—The Secretary shall estab-24
lish a streamlined procedure for aliens who have 25
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been granted DACA and who meet the require-1
ments for renewal (under the terms of the pro-2
gram in effect on January 1, 2017) to apply for 3
adjustment of status to that of an alien lawfully 4
admitted for permanent residence on a condi-5
tional basis under this section, or without the 6
conditional basis as provided in section 7
104(c)(2). Such procedure shall not include a 8
requirement that the applicant pay a fee, except 9
that the Secretary may require an applicant 10
who meets the requirements for lawful perma-11
nent residence without the conditional basis 12
under section 104(c)(2) to pay a fee that is 13
commensurate with the cost of processing the 14
application, subject to the exemption under sec-15
tion 303(c). 16
(4) B
ACKGROUND CHECKS .—The Secretary 17
may not grant an alien permanent resident status on 18
a conditional basis under this section until the re-19
quirements of section 302 are satisfied. 20
(5) M
ILITARY SELECTIVE SERVICE .—An alien 21
applying for permanent resident status on a condi-22
tional basis under this section, or without the condi-23
tional basis as provided in section 104(c)(2), shall 24
establish that the alien has registered under the 25
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Military Selective Service Act (50 U.S.C. 3801 et 1
seq.), if the alien is subject to registration under 2
such Act. 3
(c) C
RIMINAL ANDNATIONALSECURITYBARS.— 4
(1) G
ROUNDS OF INELIGIBILITY .—Except as 5
provided in paragraph (2), an alien is ineligible for 6
adjustment of status under this title (whether on a 7
conditional basis or without the conditional basis as 8
provided in section 104(c)(2)) if any of the following 9
apply: 10
(A) The alien is inadmissible under para-11
graph (2) or (3) of section 212(a) of the Immi-12
gration and Nationality Act (8 U.S.C. 1182(a)). 13
(B) Excluding any offense under State law 14
for which an essential element is the alien’s im-15
migration status, and any minor traffic offense, 16
the alien has been convicted of— 17
(i) any felony offense; 18
(ii) three or more misdemeanor of-19
fenses (excluding simple possession of can-20
nabis or cannabis-related paraphernalia, 21
any offense involving cannabis or cannabis- 22
related paraphernalia which is no longer 23
prosecutable in the State in which the con-24
viction was entered, and any offense involv-25
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ing civil disobedience without violence) not 1
occurring on the same date, and not aris-2
ing out of the same act, omission, or 3
scheme of misconduct; or 4
(iii) a misdemeanor offense of domes-5
tic violence, unless the alien demonstrates 6
that such crime is related to the alien hav-7
ing been— 8
(I) a victim of domestic violence, 9
sexual assault, stalking, child abuse or 10
neglect, abuse or neglect in later life, 11
or human trafficking; 12
(II) battered or subjected to ex-13
treme cruelty; or 14
(III) a victim of criminal activity 15
described in section 101(a)(15)(U)(iii) 16
of the Immigration and Nationality 17
Act (8 U.S.C. 1101(a)(15)(U)(iii)). 18
(2) W
AIVERS FOR CERTAIN MISDEMEANORS .— 19
For humanitarian purposes, family unity, or if oth-20
erwise in the public interest, the Secretary may— 21
(A) waive the grounds of inadmissibility 22
under subparagraphs (A), (C), and (D) of sec-23
tion 212(a)(2) of the Immigration and Nation-24
ality Act (8 U.S.C. 1182(a)(2)), unless the con-25
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viction forming the basis for inadmissibility 1
would otherwise render the alien ineligible 2
under paragraph (1)(B) (subject to subpara-3
graph (B)); and 4
(B) for purposes of clauses (ii) and (iii) of 5
paragraph (1)(B), waive consideration of— 6
(i) one misdemeanor offense if the 7
alien has not been convicted of any offense 8
in the 5-year period preceding the date on 9
which the alien applies for adjustment of 10
status under this title; or 11
(ii) up to two misdemeanor offenses if 12
the alien has not been convicted of any of-13
fense in the 10-year period preceding the 14
date on which the alien applies for adjust-15
ment of status under this title. 16
(3) A
UTHORITY TO CONDUCT SECONDARY RE -17
VIEW.— 18
(A) I
N GENERAL.—Notwithstanding an 19
alien’s eligibility for adjustment of status under 20
this title, and subject to the procedures de-21
scribed in this paragraph, the Secretary may, 22
as a matter of non-delegable discretion, provi-23
sionally deny an application for adjustment of 24
status (whether on a conditional basis or with-25
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out the conditional basis as provided in section 1
104(c)(2)) if the Secretary, based on clear and 2
convincing evidence, which shall include credible 3
law enforcement information, determines that 4
the alien is described in subparagraph (B) or 5
(D). 6
(B) P
UBLIC SAFETY.—An alien is de-7
scribed in this subparagraph if— 8
(i) excluding simple possession of can-9
nabis or cannabis-related paraphernalia, 10
any offense involving cannabis or cannabis- 11
related paraphernalia which is no longer 12
prosecutable in the State in which the con-13
viction was entered, any offense under 14
State law for which an essential element is 15
the alien’s immigration status, any offense 16
involving civil disobedience without vio-17
lence, and any minor traffic offense, the 18
alien— 19
(I) has been convicted of a mis-20
demeanor offense punishable by a 21
term of imprisonment of more than 22
30 days; or 23
(II) has been adjudicated delin-24
quent in a State or local juvenile court 25
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proceeding that resulted in a disposi-1
tion ordering placement in a secure 2
facility; and 3
(ii) the alien poses a significant and 4
continuing threat to public safety related 5
to such conviction or adjudication. 6
(C) P
UBLIC SAFETY DETERMINATION .— 7
For purposes of subparagraph (B)(ii), the Sec-8
retary shall consider the recency of the convic-9
tion or adjudication; the length of any imposed 10
sentence or placement; the nature and serious-11
ness of the conviction or adjudication, including 12
whether the elements of the offense include the 13
unlawful possession or use of a deadly weapon 14
to commit an offense or other conduct intended 15
to cause serious bodily injury; and any miti-16
gating factors pertaining to the alien’s role in 17
the commission of the offense. 18
(D) G
ANG PARTICIPATION.—An alien is 19
described in this subparagraph if the alien has, 20
within the 5 years immediately preceding the 21
date of the application, knowingly, willfully, and 22
voluntarily participated in offenses committed 23
by a criminal street gang (as described in sub-24
sections (a) and (c) of section 521 of title 18, 25
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United States Code) with the intent to promote 1
or further the commission of such offenses. 2
(E) E
VIDENTIARY LIMITATION.—For pur-3
poses of subparagraph (D), allegations of gang 4
membership obtained from a State or Federal 5
in-house or local database, or a network of 6
databases used for the purpose of recording and 7
sharing activities of alleged gang members 8
across law enforcement agencies, shall not es-9
tablish the participation described in such para-10
graph. 11
(F) N
OTICE.— 12
(i) I
N GENERAL.—Prior to rendering 13
a discretionary decision under this para-14
graph, the Secretary shall provide written 15
notice of the intent to provisionally deny 16
the application to the alien (or the alien’s 17
counsel of record, if any) by certified mail 18
and, if an electronic mail address is pro-19
vided, by electronic mail (or other form of 20
electronic communication). Such notice 21
shall— 22
(I) articulate with specificity all 23
grounds for the preliminary deter-24
mination, including the evidence relied 25
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upon to support the determination; 1
and 2
(II) provide the alien with not 3
less than 90 days to respond. 4
(ii) S
ECOND NOTICE.—Not more than 5
30 days after the issuance of the notice 6
under clause (i), the Secretary shall pro-7
vide a second written notice that meets the 8
requirements of such clause. 9
(iii) N
OTICE NOT RECEIVED .—Not-10
withstanding any other provision of law, if 11
an applicant provides good cause for not 12
contesting a provisional denial under this 13
paragraph, including a failure to receive 14
notice as required under this subpara-15
graph, the Secretary shall, upon a motion 16
filed by the alien, reopen an application for 17
adjustment of status under this title and 18
allow the applicant an opportunity to re-19
spond, consistent with clause (i)(II). 20
(G) J
UDICIAL REVIEW OF A PROVISIONAL 21
DENIAL.— 22
(i) I
N GENERAL.—Notwithstanding 23
any other provision of law, if, after notice 24
and the opportunity to respond under sub-25
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paragraph (F), the Secretary provisionally 1
denies an application for adjustment of 2
status under this Act, the alien shall have 3
60 days from the date of the Secretary’s 4
determination to seek review of such deter-5
mination in an appropriate United States 6
district court. 7
(ii) S
COPE OF REVIEW AND DECI -8
SION.—Notwithstanding any other provi-9
sion of law, review under paragraph (1) 10
shall be de novo and based solely on the 11
administrative record, except that the ap-12
plicant shall be given the opportunity to 13
supplement the administrative record and 14
the Secretary shall be given the oppor-15
tunity to rebut the evidence and arguments 16
raised in such submission. Upon issuing its 17
decision, the court shall remand the mat-18
ter, with appropriate instructions, to the 19
Department of Homeland Security to 20
render a final decision on the application. 21
(iii) A
PPOINTED COUNSEL .—Notwith-22
standing any other provision of law, an ap-23
plicant seeking judicial review under clause 24
(i) shall be represented by counsel. Upon 25
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the request of the applicant, counsel shall 1
be appointed for the applicant, in accord-2
ance with procedures to be established by 3
the Attorney General within 90 days of the 4
date of the enactment of this Act, and 5
shall be funded in accordance with fees col-6
lected and deposited in the Immigration 7
Counsel Account under section 312. 8
(4) D
EFINITIONS.—For purposes of this sub-9
section— 10
(A) the term ‘‘felony offense’’ means an of-11
fense under Federal or State law that is pun-12
ishable by a maximum term of imprisonment of 13
more than 1 year; 14
(B) the term ‘‘misdemeanor offense’’ 15
means an offense under Federal or State law 16
that is punishable by a term of imprisonment of 17
more than 5 days but not more than 1 year; 18
and 19
(C) the term ‘‘crime of domestic violence’’ 20
means any offense that has as an element the 21
use, attempted use, or threatened use of phys-22
ical force against a person committed by a cur-23
rent or former spouse of the person, by an indi-24
vidual with whom the person shares a child in 25
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common, by an individual who is cohabiting 1
with or has cohabited with the person as a 2
spouse, by an individual similarly situated to a 3
spouse of the person under the domestic or 4
family violence laws of the jurisdiction where 5
the offense occurs, or by any other individual 6
against a person who is protected from that in-7
dividual’s acts under the domestic or family vio-8
lence laws of the United States or any State, 9
Indian Tribal government, or unit of local gov-10
ernment. 11
(d) L
IMITATION ONREMOVAL OFCERTAINALIEN 12
M
INORS.—An alien who is 18 years of age or younger and 13
meets the requirements under subparagraphs (A), (B), 14
and (C) of subsection (b)(1) shall be provided a reasonable 15
opportunity to meet the educational requirements under 16
subparagraph (D) of such subsection. The Attorney Gen-17
eral or the Secretary may not commence or continue with 18
removal proceedings against such an alien. 19
(e) W
ITHDRAWAL OF APPLICATION.—The Secretary 20
shall, upon receipt of a request to withdraw an application 21
for adjustment of status under this section, cease proc-22
essing of the application, and close the case. Withdrawal 23
of the application under this subsection shall not prejudice 24
any future application filed by the applicant for any immi-25
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gration benefit under this title or under the Immigration 1
and Nationality Act (8 U.S.C. 1101 et seq.). 2
SEC. 103. TERMS OF PERMANENT RESIDENT STATUS ON A 3
CONDITIONAL BASIS. 4
(a) P
ERIOD OFSTATUS.—Permanent resident status 5
on a conditional basis is— 6
(1) valid for a period of 10 years, unless such 7
period is extended by the Secretary; and 8
(2) subject to revocation under subsection (c). 9
(b) N
OTICE OFREQUIREMENTS.—At the time an 10
alien obtains permanent resident status on a conditional 11
basis, the Secretary shall provide notice to the alien re-12
garding the provisions of this title and the requirements 13
to have the conditional basis of such status removed. 14
(c) R
EVOCATION OF STATUS.—The Secretary may 15
revoke the permanent resident status on a conditional 16
basis of an alien only if the Secretary— 17
(1) determines that the alien ceases to meet the 18
requirements under section 102(b)(1)(C); and 19
(2) prior to the revocation, provides the alien— 20
(A) notice of the proposed revocation; and 21
(B) the opportunity for a hearing to pro-22
vide evidence that the alien meets such require-23
ments or otherwise to contest the proposed rev-24
ocation. 25
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(d) RETURN TOPREVIOUSIMMIGRATIONSTATUS.— 1
An alien whose permanent resident status on a conditional 2
basis expires under subsection (a)(1) or is revoked under 3
subsection (c), shall return to the immigration status that 4
the alien had immediately before receiving permanent resi-5
dent status on a conditional basis. 6
SEC. 104. REMOVAL OF CONDITIONAL BASIS OF PERMA-7
NENT RESIDENT STATUS. 8
(a) E
LIGIBILITY FORREMOVAL OF CONDITIONAL 9
B
ASIS.— 10
(1) I
N GENERAL.—Subject to paragraph (2), 11
the Secretary shall remove the conditional basis of 12
an alien’s permanent resident status granted under 13
this title and grant the alien status as an alien law-14
fully admitted for permanent residence if the alien— 15
(A) is described in section 102(b)(1)(C); 16
(B) has not abandoned the alien’s resi-17
dence in the United States during the period in 18
which the alien has permanent resident status 19
on a conditional basis; and 20
(C)(i) has obtained a degree from an insti-21
tution of higher education, or has completed at 22
least 2 years, in good standing, of a program in 23
the United States leading to a bachelor’s degree 24
or higher degree or a recognized postsecondary 25
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credential from an area career and technical 1
education school providing education at the 2
postsecondary level; 3
(ii) has served in the Uniformed Services 4
for at least 2 years and, if discharged, received 5
an honorable discharge; or 6
(iii) demonstrates earned income for peri-7
ods totaling at least 3 years and at least 75 8
percent of the time that the alien has had a 9
valid employment authorization, except that, in 10
the case of an alien who was enrolled in an in-11
stitution of higher education, an area career 12
and technical education school to obtain a rec-13
ognized postsecondary credential, or an edu-14
cation program described in section 15
102(b)(1)(D)(iii), the Secretary shall reduce 16
such total 3-year requirement by the total of 17
such periods of enrollment. 18
(2) H
ARDSHIP EXCEPTION .—The Secretary 19
shall remove the conditional basis of an alien’s per-20
manent resident status and grant the alien status as 21
an alien lawfully admitted for permanent residence 22
if the alien— 23
(A) satisfies the requirements under sub-24
paragraphs (A) and (B) of paragraph (1); 25
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(B) demonstrates compelling circumstances 1
for the inability to satisfy the requirements 2
under subparagraph (C) of such paragraph; and 3
(C) demonstrates that— 4
(i) the alien has a disability; 5
(ii) the alien is a full-time caregiver; 6
or 7
(iii) the removal of the alien from the 8
United States would result in hardship to 9
the alien or the alien’s spouse, parent, or 10
child who is a national of the United 11
States or is lawfully admitted for perma-12
nent residence. 13
(3) C
ITIZENSHIP REQUIREMENT .— 14
(A) I
N GENERAL.—Except as provided in 15
subparagraph (B), the conditional basis of an 16
alien’s permanent resident status granted under 17
this title may not be removed unless the alien 18
demonstrates that the alien satisfies the re-19
quirements under section 312(a) of the Immi-20
gration and Nationality Act (8 U.S.C. 1423(a)). 21
(B) E
XCEPTION.—Subparagraph (A) shall 22
not apply to an alien who is unable to meet the 23
requirements under such section 312(a) due to 24
disability. 25
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(4) APPLICATION FEE.—The Secretary may, 1
subject to an exemption under section 303(c), re-2
quire aliens applying for removal of the conditional 3
basis of an alien’s permanent resident status under 4
this section to pay a reasonable fee that is commen-5
surate with the cost of processing the application. 6
(5) B
ACKGROUND CHECKS .—The Secretary 7
may not remove the conditional basis of an alien’s 8
permanent resident status until the requirements of 9
section 302 are satisfied. 10
(b) T
REATMENT FOR PURPOSES OFNATURALIZA-11
TION.— 12
(1) I
N GENERAL.—For purposes of title III of 13
the Immigration and Nationality Act (8 U.S.C. 1401 14
et seq.), an alien granted permanent resident status 15
on a conditional basis shall be considered to have 16
been admitted to the United States, and be present 17
in the United States, as an alien lawfully admitted 18
for permanent residence. 19
(2) L
IMITATION ON APPLICATION FOR NATU -20
RALIZATION.—An alien may not apply for natu-21
ralization while the alien is in permanent resident 22
status on a conditional basis. 23
(c) T
IMING OFAPPROVAL OFLAWFULPERMANENT 24
R
ESIDENTSTATUS.— 25
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(1) IN GENERAL.—An alien granted permanent 1
resident status on a conditional basis under this title 2
may apply to have such conditional basis removed at 3
any time after such alien has met the eligibility re-4
quirements set forth in subsection (a). 5
(2) A
PPROVAL WITH REGARD TO INITIAL APPLI -6
CATIONS.— 7
(A) I
N GENERAL.—Notwithstanding any 8
other provision of law, the Secretary or the At-9
torney General shall adjust to the status of an 10
alien lawfully admitted for permanent resident 11
status without conditional basis, any alien 12
who— 13
(i) demonstrates eligibility for lawful 14
permanent residence status on a condi-15
tional basis under section 102(b); and 16
(ii) subject to the exceptions described 17
in subsections (a)(2) and (a)(3)(B) of this 18
section, already has fulfilled the require-19
ments of paragraphs (1) and (3) of sub-20
section (a) of this section at the time such 21
alien first submits an application for bene-22
fits under this title. 23
(B) B
ACKGROUND CHECKS .—Subsection 24
(a)(5) shall apply to an alien seeking lawful 25
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permanent resident status without conditional 1
basis in an initial application in the same man-2
ner as it applies to an alien seeking removal of 3
the conditional basis of an alien’s permanent 4
resident status. Section 102(b)(4) shall not be 5
construed to require the Secretary to conduct 6
more than one identical security or law enforce-7
ment background check on such an alien. 8
(C) A
PPLICATION FEES.—In the case of an 9
alien seeking lawful permanent resident status 10
without conditional basis in an initial applica-11
tion, the alien shall pay the fee required under 12
subsection (a)(4), subject to the exemption al-13
lowed under section 303(c), but shall not be re-14
quired to pay the application fee under section 15
102(b)(3). 16
SEC. 105. RESTORATION OF STATE OPTION TO DETERMINE 17
RESIDENCY FOR PURPOSES OF HIGHER EDU-18
CATION BENEFITS. 19
(a) I
NGENERAL.—Section 505 of the Illegal Immi-20
gration Reform and Immigrant Responsibility Act of 1996 21
(8 U.S.C. 1623) is repealed. 22
(b) E
FFECTIVEDATE.—The repeal under subsection 23
(a) shall take effect as if included in the original enact-24
ment of the Illegal Immigration Reform and Immigrant 25
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Responsibility Act of 1996 (division C of Public Law 104– 1
208; 110 Stat. 3009–546). 2
TITLE II—AMERICAN PROMISE 3
ACT OF 2025 4
SEC. 201. SHORT TITLE. 5
This title may be cited as the ‘‘American Promise Act 6
of 2025’’. 7
SEC. 202. ADJUSTMENT OF STATUS FOR CERTAIN NATION-8
ALS OF CERTAIN COUNTRIES DESIGNATED 9
FOR TEMPORARY PROTECTED STATUS OR 10
DEFERRED ENFORCED DEPARTURE. 11
(a) I
NGENERAL.—Notwithstanding any other provi-12
sion of law, the Secretary or the Attorney General shall 13
adjust to the status of an alien lawfully admitted for per-14
manent residence, an alien described in subsection (b) if 15
the alien— 16
(1) applies for such adjustment, including sub-17
mitting any required documents under section 307, 18
not later than 3 years after the date of the enact-19
ment of this Act; 20
(2) has been continuously physically present in 21
the United States for a period of not less than 3 22
years; and 23
(3) subject to subsection (c), is not inadmissible 24
under paragraph (1), (2), (3), (6)(D), (6)(E), 25
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(6)(F), (6)(G), (8), or (10) of section 212(a) of the 1
Immigration and Nationality Act (8 U.S.C. 2
1182(a)). 3
(b) A
LIENSELIGIBLE FORADJUSTMENT OF STA-4
TUS.—An alien shall be eligible for adjustment of status 5
under this section if the alien is an individual— 6
(1) who— 7
(A) is a national of a foreign state (or part 8
thereof) (or in the case of an alien having no 9
nationality, is a person who last habitually re-10
sided in such state) with a designation under 11
subsection (b) of section 244 of the Immigra-12
tion and Nationality Act (8 U.S.C. 1254a(b)) 13
on January 1, 2017, who had or was otherwise 14
eligible for temporary protected status on such 15
date notwithstanding subsections (c)(1)(A)(iv) 16
and (c)(3)(C) of such section; and 17
(B) has not engaged in conduct since such 18
date that would render the alien ineligible for 19
temporary protected status under section 20
244(c)(2) of the Immigration and Nationality 21
Act (8 U.S.C. 1245a(c)(2)); or 22
(2) who was eligible for Deferred Enforced De-23
parture as of January 20, 2021, and has not en-24
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gaged in conduct since that date that would render 1
the alien ineligible for Deferred Enforced Departure. 2
(c) W
AIVER OFGROUNDS OFINADMISSIBILITY.— 3
(1) I
N GENERAL.—Except as provided in para-4
graph (2), with respect to any benefit under this 5
title, and in addition to any waivers that are other-6
wise available, the Secretary may waive the grounds 7
of inadmissibility under paragraph (1), subpara-8
graphs (A), (C), and (D) of paragraph (2), subpara-9
graphs (D) through (G) of paragraph (6), or para-10
graph (10)(D) of section 212(a) of the Immigration 11
and Nationality Act (8 U.S.C. 1182(a)) for humani-12
tarian purposes, for family unity, or because the 13
waiver is otherwise in the public interest. 14
(2) E
XCEPTION.—The Secretary may not waive 15
a ground described in paragraph (1) if such inad-16
missibility is based on a conviction or convictions, 17
and such conviction or convictions would otherwise 18
render the alien ineligible under section 19
244(c)(2)(B) of the Immigration and Nationality 20
Act (8 U.S.C. 1254a(c)(2)(B)). 21
(d) A
PPLICATION.— 22
(1) F
EE.—The Secretary shall, subject to an 23
exemption under section 303(c), require an alien ap-24
plying for adjustment of status under this section to 25
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pay a reasonable fee that is commensurate with the 1
cost of processing the application, but does not ex-2
ceed $1,140. 3
(2) B
ACKGROUND CHECKS .—The Secretary 4
may not grant an alien permanent resident status on 5
a conditional basis under this section until the re-6
quirements of section 302 are satisfied. 7
(3) W
ITHDRAWAL OF APPLICATION .—The Sec-8
retary of Homeland Security shall, upon receipt of 9
a request to withdraw an application for adjustment 10
of status under this section, cease processing of the 11
application and close the case. Withdrawal of the ap-12
plication under this subsection shall not prejudice 13
any future application filed by the applicant for any 14
immigration benefit under this title or under the Im-15
migration and Nationality Act (8 U.S.C. 1101 et 16
seq.). 17
SEC. 203. CLARIFICATION. 18
Section 244(f)(4) of the Immigration and Nationality 19
Act (8 U.S.C. 1254a(f)(4)) is amended by inserting after 20
‘‘considered’’ the following: ‘‘as having been inspected and 21
admitted into the United States, and’’. 22
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TITLE III—GENERAL 1
PROVISIONS 2
SEC. 301. DEFINITIONS. 3
(a) I
NGENERAL.—In this Act: 4
(1) I
N GENERAL.—Except as otherwise specifi-5
cally provided, any term used in this Act that is 6
used in the immigration laws shall have the meaning 7
given such term in the immigration laws. 8
(2) A
PPROPRIATE UNITED STATES DISTRICT 9
COURT.—The term ‘‘appropriate United States dis-10
trict court’’ means the United States District Court 11
for the District of Columbia or the United States 12
district court with jurisdiction over the alien’s prin-13
cipal place of residence. 14
(3) A
REA CAREER AND TECHNICAL EDUCATION 15
SCHOOL.—The term ‘‘area career and technical edu-16
cation school’’ has the meaning given such term in 17
section 3 of the Carl D. Perkins Career and Tech-18
nical Education Act of 2006 (20 U.S.C. 2302). 19
(4) DACA.—The term ‘‘DACA’’ means de-20
ferred action granted to an alien pursuant to the 21
Deferred Action for Childhood Arrivals policy an-22
nounced by the Secretary of Homeland Security on 23
June 15, 2012. 24
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(5) DISABILITY.—The term ‘‘disability’’ has the 1
meaning given such term in section 3(1) of the 2
Americans with Disabilities Act of 1990 (42 U.S.C. 3
12102(1)). 4
(6) F
EDERAL POVERTY LINE .—The term ‘‘Fed-5
eral poverty line’’ has the meaning given such term 6
in section 213A(h) of the Immigration and Nation-7
ality Act (8 U.S.C. 1183a). 8
(7) H
IGH SCHOOL; SECONDARY SCHOOL .—The 9
terms ‘‘high school’’ and ‘‘secondary school’’ have 10
the meanings given such terms in section 8101 of 11
the Elementary and Secondary Education Act of 12
1965 (20 U.S.C. 7801). 13
(8) I
MMIGRATION LAWS.—The term ‘‘immigra-14
tion laws’’ has the meaning given such term in sec-15
tion 101(a)(17) of the Immigration and Nationality 16
Act (8 U.S.C. 1101(a)(17)). 17
(9) I
NSTITUTION OF HIGHER EDUCATION .—The 18
term ‘‘institution of higher education’’— 19
(A) except as provided in subparagraph 20
(B), has the meaning given such term in section 21
102 of the Higher Education Act of 1965 (20 22
U.S.C. 1002); and 23
(B) does not include an institution of high-24
er education outside of the United States. 25
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(10) RECOGNIZED POSTSECONDARY CREDEN -1
TIAL.—The term ‘‘recognized postsecondary creden-2
tial’’ has the meaning given such term in section 3 3
of the Workforce Innovation and Opportunity Act 4
(29 U.S.C. 3102). 5
(11) S
ECRETARY.—Except as otherwise specifi-6
cally provided, the term ‘‘Secretary’’ means the Sec-7
retary of Homeland Security. 8
(12) U
NIFORMED SERVICES .—The term ‘‘Uni-9
formed Services’’ has the meaning given the term 10
‘‘uniformed services’’ in section 101(a) of title 10, 11
United States Code. 12
(b) T
REATMENT OFEXPUNGEDCONVICTIONS.—For 13
purposes of adjustment of status under this Act, the terms 14
‘‘convicted’’ and ‘‘conviction’’, as used in this Act and in 15
sections 212 and 244 of the Immigration and Nationality 16
Act (8 U.S.C. 1182, 1254a), do not include a judgment 17
that has been expunged or set aside, that resulted in a 18
rehabilitative disposition, or the equivalent. 19
SEC. 302. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 20
DATA; BACKGROUND CHECKS. 21
(a) S
UBMISSION OF BIOMETRIC AND BIOGRAPHIC 22
D
ATA.—The Secretary may not grant an alien adjustment 23
of status under this Act, on either a conditional or perma-24
nent basis, unless the alien submits biometric and bio-25
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graphic data, in accordance with procedures established 1
by the Secretary. The Secretary shall provide an alter-2
native procedure for aliens who are unable to provide such 3
biometric or biographic data because of a physical impair-4
ment. 5
(b) B
ACKGROUNDCHECKS.—The Secretary shall use 6
biometric, biographic, and other data that the Secretary 7
determines appropriate to conduct security and law en-8
forcement background checks and to determine whether 9
there is any criminal, national security, or other factor 10
that would render the alien ineligible for adjustment of 11
status under this Act, on either a conditional or perma-12
nent basis. The status of an alien may not be adjusted, 13
on either a conditional or permanent basis, unless security 14
and law enforcement background checks are completed to 15
the satisfaction of the Secretary. 16
SEC. 303. LIMITATION ON REMOVAL; APPLICATION AND 17
FEE EXEMPTION; AND OTHER CONDITIONS 18
ON ELIGIBLE INDIVIDUALS. 19
(a) L
IMITATION ONREMOVAL.—An alien who ap-20
pears to be prima facie eligible for relief under this Act 21
shall be given a reasonable opportunity to apply for such 22
relief and may not be removed until, subject to section 23
306(c)(2), a final decision establishing ineligibility for re-24
lief is rendered. 25
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(b) APPLICATION.—An alien present in the United 1
States who has been ordered removed or has been per-2
mitted to depart voluntarily from the United States may, 3
notwithstanding such order or permission to depart, apply 4
for adjustment of status under this Act. Such alien shall 5
not be required to file a separate motion to reopen, recon-6
sider, or vacate the order of removal. If the Secretary ap-7
proves the application, the Secretary shall cancel the order 8
of removal. If the Secretary renders a final administrative 9
decision to deny the application, the order of removal or 10
permission to depart shall be effective and enforceable to 11
the same extent as if the application had not been made, 12
only after all available administrative and judicial rem-13
edies have been exhausted. 14
(c) F
EEEXEMPTION.—An applicant may be exempt-15
ed from paying an application fee required under this Act 16
if the applicant— 17
(1) is 18 years of age or younger; 18
(2) received total income, during the 12-month 19
period immediately preceding the date on which the 20
applicant files an application under this Act, that is 21
less than 150 percent of the Federal poverty line; 22
(3) is in foster care or otherwise lacks any pa-23
rental or other familial support; or 24
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(4) cannot care for himself or herself because of 1
a serious, chronic disability. 2
(d) A
DVANCEPAROLE.—During the period beginning 3
on the date on which an alien applies for adjustment of 4
status under this Act and ending on the date on which 5
the Secretary makes a final decision regarding such appli-6
cation, the alien shall be eligible to apply for advance pa-7
role. Section 101(g) of the Immigration and Nationality 8
Act (8 U.S.C. 1101(g)) shall not apply to an alien granted 9
advance parole under this Act. 10
(e) E
MPLOYMENT.—An alien whose removal is stayed 11
pursuant to this Act, who may not be placed in removal 12
proceedings pursuant to this Act, or who has pending an 13
application under this Act, shall, upon application to the 14
Secretary, be granted an employment authorization docu-15
ment. 16
SEC. 304. DETERMINATION OF CONTINUOUS PRESENCE 17
AND RESIDENCE. 18
(a) E
FFECT OFNOTICETOAPPEAR.—Any period of 19
continuous physical presence or continuous residence in 20
the United States of an alien who applies for permanent 21
resident status under this Act (whether on a conditional 22
basis or without the conditional basis as provided in sec-23
tion 104(c)(2)) shall not terminate when the alien is 24
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served a notice to appear under section 239(a) of the Im-1
migration and Nationality Act (8 U.S.C. 1229(a)). 2
(b) T
REATMENT OFCERTAINBREAKS INPRESENCE 3
ORRESIDENCE.— 4
(1) I
N GENERAL.—Except as provided in para-5
graphs (2) and (3), an alien shall be considered to 6
have failed to maintain— 7
(A) continuous physical presence in the 8
United States under this Act if the alien has 9
departed from the United States for any period 10
exceeding 90 days or for any periods, in the ag-11
gregate, exceeding 180 days; and 12
(B) continuous residence in the United 13
States under this Act if the alien has departed 14
from the United States for any period exceeding 15
180 days, unless the alien establishes to the 16
satisfaction of the Secretary of Homeland Secu-17
rity that the alien did not in fact abandon resi-18
dence in the United States during such period. 19
(2) E
XTENSIONS FOR EXTENUATING CIR -20
CUMSTANCES.—The Secretary may extend the time 21
periods described in paragraph (1) for an alien who 22
demonstrates that the failure to timely return to the 23
United States was due to extenuating circumstances 24
beyond the alien’s control, including— 25
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(A) the serious illness of the alien; 1
(B) death or serious illness of a parent, 2
grandparent, sibling, or child of the alien; 3
(C) processing delays associated with the 4
application process for a visa or other travel 5
document; or 6
(D) restrictions on international travel due 7
to the public health emergency declared by the 8
Secretary of Health and Human Services under 9
section 319 of the Public Health Service Act 10
(42 U.S.C. 247d) with respect to COVID–19. 11
(3) T
RAVEL AUTHORIZED BY THE SEC -12
RETARY.—Any period of travel outside of the United 13
States by an alien that was authorized by the Sec-14
retary may not be counted toward any period of de-15
parture from the United States under paragraph 16
(1). 17
(c) W
AIVER OFPHYSICALPRESENCE.—With respect 18
to aliens who were removed or departed the United States 19
on or after January 20, 2017, and who were continuously 20
physically present in the United States for at least 4 years 21
prior to such removal or departure, the Secretary may, 22
as a matter of discretion, waive the physical presence re-23
quirement under section 102(b)(1)(A) or section 24
202(a)(2) for humanitarian purposes, for family unity, or 25
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because a waiver is otherwise in the public interest. The 1
Secretary, in consultation with the Secretary of State, 2
shall establish a procedure for such aliens to apply for re-3
lief under section 102 or 202 from outside the United 4
States if they would have been eligible for relief under 5
such section, but for their removal or departure. 6
SEC. 305. EXEMPTION FROM NUMERICAL LIMITATIONS. 7
Nothing in this Act or in any other law may be con-8
strued to apply a numerical limitation on the number of 9
aliens who may be granted permanent resident status 10
under this Act (whether on a conditional basis, or without 11
the conditional basis as provided in section 104(c)(2)). 12
SEC. 306. AVAILABILITY OF ADMINISTRATIVE AND JUDI-13
CIAL REVIEW. 14
(a) A
DMINISTRATIVEREVIEW.—Not later than 30 15
days after the date of the enactment of this Act, the Sec-16
retary shall provide to aliens who have applied for adjust-17
ment of status under this Act a process by which an appli-18
cant may seek administrative appellate review of a denial 19
of an application for adjustment of status, or a revocation 20
of such status. 21
(b) J
UDICIALREVIEW.—Except as provided in sub-22
section (c), and notwithstanding any other provision of 23
law, an alien may seek judicial review of a denial of an 24
application for adjustment of status, or a revocation of 25
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such status, under this Act in an appropriate United 1
States district court. 2
(c) S
TAY OFREMOVAL.— 3
(1) I
N GENERAL.—Except as provided in para-4
graph (2), an alien seeking administrative or judicial 5
review under this Act may not be removed from the 6
United States until a final decision is rendered es-7
tablishing that the alien is ineligible for adjustment 8
of status under this Act. 9
(2) E
XCEPTION.—The Secretary may remove 10
an alien described in paragraph (1) pending judicial 11
review if such removal is based on criminal or na-12
tional security grounds described in this Act. Such 13
removal shall not affect the alien’s right to judicial 14
review under this Act. The Secretary shall promptly 15
return a removed alien if a decision to deny an ap-16
plication for adjustment of status under this Act, or 17
to revoke such status, is reversed. 18
SEC. 307. DOCUMENTATION REQUIREMENTS. 19
(a) D
OCUMENTS ESTABLISHING IDENTITY.—An 20
alien’s application for permanent resident status under 21
this Act (whether on a conditional basis, or without the 22
conditional basis as provided in section 104(c)(2)) may in-23
clude, as evidence of identity, the following: 24
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(1) A passport or national identity document 1
from the alien’s country of origin that includes the 2
alien’s name and the alien’s photograph or finger-3
print. 4
(2) The alien’s birth certificate and an identity 5
card that includes the alien’s name and photograph. 6
(3) A school identification card that includes 7
the alien’s name and photograph, and school records 8
showing the alien’s name and that the alien is or 9
was enrolled at the school. 10
(4) A Uniformed Services identification card 11
issued by the Department of Defense. 12
(5) Any immigration or other document issued 13
by the United States Government bearing the alien’s 14
name and photograph. 15
(6) A State-issued identification card bearing 16
the alien’s name and photograph. 17
(7) Any other evidence determined to be cred-18
ible by the Secretary. 19
(b) D
OCUMENTSESTABLISHINGENTRY, CONTIN-20
UOUSPHYSICALPRESENCE, LACK OFABANDONMENT OF 21
R
ESIDENCE.—To establish that an alien was 18 years of 22
age or younger on the date on which the alien entered 23
the United States, and has continuously resided in the 24
United States since such entry, as required under section 25
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102(b)(1)(B), that an alien has been continuously phys-1
ically present in the United States, as required under sec-2
tion 102(b)(1)(A) or 202(a)(2), or that an alien has not 3
abandoned residence in the United States, as required 4
under section 104(a)(1)(B), the alien may submit the fol-5
lowing forms of evidence: 6
(1) Passport entries, including admission 7
stamps on the alien’s passport. 8
(2) Any document from the Department of Jus-9
tice or the Department of Homeland Security noting 10
the alien’s date of entry into the United States. 11
(3) Records from any educational institution 12
the alien has attended in the United States. 13
(4) Employment records of the alien that in-14
clude the employer’s name and contact information, 15
or other records demonstrating earned income. 16
(5) Records of service from the Uniformed 17
Services. 18
(6) Official records from a religious entity con-19
firming the alien’s participation in a religious cere-20
mony. 21
(7) A birth certificate for a child who was born 22
in the United States. 23
(8) Hospital or medical records showing med-24
ical treatment or hospitalization, the name of the 25
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medical facility or physician, and the date of the 1
treatment or hospitalization. 2
(9) Automobile license receipts or registration. 3
(10) Deeds, mortgages, or rental agreement 4
contracts. 5
(11) Rent receipts or utility bills bearing the 6
alien’s name or the name of an immediate family 7
member of the alien, and the alien’s address. 8
(12) Tax receipts. 9
(13) Insurance policies. 10
(14) Remittance records, including copies of 11
money order receipts sent in or out of the country. 12
(15) Travel records. 13
(16) Dated bank transactions. 14
(17) Two or more sworn affidavits from individ-15
uals who are not related to the alien who have direct 16
knowledge of the alien’s continuous physical pres-17
ence in the United States, that contain— 18
(A) the name, address, and telephone num-19
ber of the affiant; and 20
(B) the nature and duration of the rela-21
tionship between the affiant and the alien. 22
(18) Any other evidence determined to be cred-23
ible by the Secretary. 24
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(c) DOCUMENTSESTABLISHINGADMISSION TO AN 1
I
NSTITUTION OFHIGHEREDUCATION.—To establish that 2
an alien has been admitted to an institution of higher edu-3
cation, the alien may submit to the Secretary a document 4
from the institution of higher education certifying that the 5
alien— 6
(1) has been admitted to the institution; or 7
(2) is currently enrolled in the institution as a 8
student. 9
(d) D
OCUMENTSESTABLISHINGRECEIPT OF ADE-10
GREEFROM ANINSTITUTION OFHIGHEREDUCATION.— 11
To establish that an alien has acquired a degree from an 12
institution of higher education in the United States, the 13
alien may submit to the Secretary a diploma or other doc-14
ument from the institution stating that the alien has re-15
ceived such a degree. 16
(e) D
OCUMENTSESTABLISHINGRECEIPT OF AHIGH 17
S
CHOOLDIPLOMA, GENERALEDUCATIONALDEVELOP-18
MENTCREDENTIAL, OR ARECOGNIZEDEQUIVALENT.— 19
To establish that in the United States an alien has earned 20
a high school diploma or a commensurate alternative 21
award from a public or private high school, has obtained 22
the General Education Development credential, or other-23
wise has satisfied section 102(b)(1)(D)(iii), the alien may 24
submit to the Secretary the following: 25
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(1) A high school diploma, certificate of comple-1
tion, or other alternate award. 2
(2) A high school equivalency diploma or certifi-3
cate recognized under State law. 4
(3) Evidence that the alien passed a State-au-5
thorized exam, including the General Education De-6
velopment test, in the United States. 7
(4) Evidence that the alien successfully com-8
pleted an area career and technical education pro-9
gram, such as a certification, certificate, or similar 10
alternate award. 11
(5) Evidence that the alien obtained a recog-12
nized postsecondary credential. 13
(6) Any other evidence determined to be cred-14
ible by the Secretary. 15
(f) D
OCUMENTSESTABLISHINGENROLLMENT IN AN 16
E
DUCATIONALPROGRAM.—To establish that an alien is 17
enrolled in any school or education program described in 18
section 102(b)(1)(D)(iv) or 104(a)(1)(C), the alien may 19
submit school records from the United States school that 20
the alien is currently attending that include— 21
(1) the name of the school; and 22
(2) the alien’s name, periods of attendance, and 23
current grade or educational level. 24
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(g) DOCUMENTSESTABLISHINGEXEMPTIONFROM 1
A
PPLICATIONFEES.—To establish that an alien is exempt 2
from an application fee under this Act, the alien may sub-3
mit to the Secretary the following relevant documents: 4
(1) D
OCUMENTS TO ESTABLISH AGE .—To es-5
tablish that an alien meets an age requirement, the 6
alien may provide proof of identity, as described in 7
subsection (a), that establishes that the alien is 18 8
years of age or younger. 9
(2) D
OCUMENTS TO ESTABLISH INCOME .—To 10
establish the alien’s income, the alien may provide— 11
(A) employment records or other records of 12
earned income, including records that have been 13
maintained by the Social Security Administra-14
tion, the Internal Revenue Service, or any other 15
Federal, State, or local government agency; 16
(B) bank records; or 17
(C) at least two sworn affidavits from indi-18
viduals who are not related to the alien and 19
who have direct knowledge of the alien’s work 20
and income that contain— 21
(i) the name, address, and telephone 22
number of the affiant; and 23
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(ii) the nature and duration of the re-1
lationship between the affiant and the 2
alien. 3
(3) D
OCUMENTS TO ESTABLISH FOSTER CARE , 4
LACK OF FAMILIAL SUPPORT , OR SERIOUS, CHRONIC 5
DISABILITY.—To establish that the alien is in foster 6
care, lacks parental or familial support, or has a se-7
rious, chronic disability, the alien may provide at 8
least two sworn affidavits from individuals who are 9
not related to the alien and who have direct knowl-10
edge of the circumstances that contain— 11
(A) a statement that the alien is in foster 12
care, otherwise lacks any parental or other fa-13
miliar support, or has a serious, chronic dis-14
ability, as appropriate; 15
(B) the name, address, and telephone num-16
ber of the affiant; and 17
(C) the nature and duration of the rela-18
tionship between the affiant and the alien. 19
(h) D
OCUMENTSESTABLISHINGQUALIFICATION FOR 20
H
ARDSHIPEXEMPTION.—To establish that an alien satis-21
fies one of the criteria for the hardship exemption set forth 22
in section 104(a)(2)(C), the alien may submit to the Sec-23
retary at least two sworn affidavits from individuals who 24
are not related to the alien and who have direct knowledge 25
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of the circumstances that warrant the exemption, that 1
contain— 2
(1) the name, address, and telephone number of 3
the affiant; and 4
(2) the nature and duration of the relationship 5
between the affiant and the alien. 6
(i) D
OCUMENTSESTABLISHINGSERVICE IN THE 7
U
NIFORMEDSERVICES.—To establish that an alien has 8
served in the Uniformed Services for at least 2 years and, 9
if discharged, received an honorable discharge, the alien 10
may submit to the Secretary— 11
(1) a Department of Defense form DD–214; 12
(2) a National Guard Report of Separation and 13
Record of Service form 22; 14
(3) personnel records for such service from the 15
appropriate Uniformed Service; or 16
(4) health records from the appropriate Uni-17
formed Service. 18
(j) D
OCUMENTSESTABLISHINGEARNEDINCOME.— 19
(1) I
N GENERAL.—An alien may satisfy the 20
earned income requirement under section 21
104(a)(1)(C)(iii) by submitting records that— 22
(A) establish compliance with such require-23
ment; and 24
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(B) have been maintained by the Social Se-1
curity Administration, the Internal Revenue 2
Service, or any other Federal, State, or local 3
government agency. 4
(2) O
THER DOCUMENTS .—An alien who is un-5
able to submit the records described in paragraph 6
(1) may satisfy the earned income requirement by 7
submitting at least two types of reliable documents 8
that provide evidence of employment or other forms 9
of earned income, including— 10
(A) bank records; 11
(B) business records; 12
(C) employer or contractor records; 13
(D) records of a labor union, day labor 14
center, or organization that assists workers in 15
employment; 16
(E) sworn affidavits from individuals who 17
are not related to the alien and who have direct 18
knowledge of the alien’s work, that contain— 19
(i) the name, address, and telephone 20
number of the affiant; and 21
(ii) the nature and duration of the re-22
lationship between the affiant and the 23
alien; 24
(F) remittance records; or 25
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(G) any other evidence determined to be 1
credible by the Secretary. 2
(k) A
UTHORITYTOPROHIBITUSE OFCERTAIN 3
D
OCUMENTS.—If the Secretary determines, after publica-4
tion in the Federal Register and an opportunity for public 5
comment, that any document or class of documents does 6
not reliably establish identity or that permanent resident 7
status under this Act (whether on a conditional basis, or 8
without the conditional basis as provided in section 9
104(c)(2)) is being obtained fraudulently to an unaccept-10
able degree, the Secretary may prohibit or restrict the use 11
of such document or class of documents. 12
SEC. 308. RULEMAKING. 13
(a) I
NGENERAL.—Not later than 90 days after the 14
date of the enactment of this Act, the Secretary shall pub-15
lish in the Federal Register interim final rules imple-16
menting this Act, which shall allow eligible individuals to 17
immediately apply for relief under this Act. Notwith-18
standing section 553 of title 5, United States Code, the 19
regulation shall be effective, on an interim basis, imme-20
diately upon publication, but may be subject to change and 21
revision after public notice and opportunity for a period 22
of public comment. The Secretary shall finalize such rules 23
not later than 180 days after the date of publication. 24
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(b) PAPERWORK REDUCTIONACT.—The require-1
ments under chapter 35 of title 44, United States Code, 2
(commonly known as the ‘‘Paperwork Reduction Act’’) 3
shall not apply to any action to implement this Act. 4
SEC. 309. CONFIDENTIALITY OF INFORMATION. 5
(a) I
NGENERAL.—The Secretary may not disclose 6
or use information (including information provided during 7
administrative or judicial review) provided in applications 8
filed under this Act or in requests for DACA for the pur-9
pose of immigration enforcement. 10
(b) R
EFERRALSPROHIBITED.—The Secretary, based 11
solely on information provided in an application for adjust-12
ment of status under this Act (including information pro-13
vided during administrative or judicial review) or an appli-14
cation for DACA, may not refer an applicant to U.S. Im-15
migration and Customs Enforcement, U.S. Customs and 16
Border Protection, or any designee of either such entity. 17
(c) L
IMITEDEXCEPTION.—Notwithstanding sub-18
sections (a) and (b), information provided in an applica-19
tion for adjustment of status under this Act may be 20
shared with Federal security and law enforcement agen-21
cies— 22
(1) for assistance in the consideration of an ap-23
plication for adjustment of status under this Act; 24
(2) to identify or prevent fraudulent claims; 25
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(3) for national security purposes; or 1
(4) for the investigation or prosecution of any 2
felony offense not related to immigration status. 3
(d) P
ENALTY.—Any person who knowingly uses, pub-4
lishes, or permits information to be examined in violation 5
of this section shall be fined not more than $10,000. 6
SEC. 310. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI-7
CANTS. 8
(a) E
STABLISHMENT.—The Secretary shall establish, 9
within U.S. Citizenship and Immigration Services, a pro-10
gram to award grants, on a competitive basis, to eligible 11
nonprofit organizations that will use the funding to assist 12
eligible applicants under this Act by providing them with 13
the services described in subsection (b). 14
(b) U
SE OFFUNDS.—Grant funds awarded under 15
this section shall be used for the design and implementa-16
tion of programs that provide— 17
(1) information to the public regarding the eli-18
gibility and benefits of permanent resident status 19
under this Act (whether on a conditional basis, or 20
without the conditional basis as provided in section 21
104(c)(2)), particularly to individuals potentially eli-22
gible for such status; 23
(2) assistance, within the scope of authorized 24
practice of immigration law, to individuals submit-25
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ting applications for adjustment of status under this 1
Act (whether on a conditional basis, or without the 2
conditional basis as provided in section 104(c)(2)), 3
including— 4
(A) screening prospective applicants to as-5
sess their eligibility for such status; 6
(B) completing applications and petitions, 7
including providing assistance in obtaining the 8
requisite documents and supporting evidence; 9
and 10
(C) providing any other assistance that the 11
Secretary or grantee considers useful or nec-12
essary to apply for adjustment of status under 13
this Act (whether on a conditional basis, or 14
without the conditional basis as provided in sec-15
tion 104(c)(2)); and 16
(3) assistance, within the scope of authorized 17
practice of immigration law, and instruction, to indi-18
viduals— 19
(A) on the rights and responsibilities of 20
United States citizenship; 21
(B) in civics and English as a second lan-22
guage; 23
(C) in preparation for the General Edu-24
cation Development test; and 25
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(D) in applying for adjustment of status 1
and United States citizenship. 2
(c) A
UTHORIZATION OFAPPROPRIATIONS.— 3
(1) A
MOUNTS AUTHORIZED .—There are author-4
ized to be appropriated such sums as may be nec-5
essary for each of the fiscal years 2026 through 6
2036 to carry out this section. 7
(2) A
VAILABILITY.—Any amounts appropriated 8
pursuant to paragraph (1) shall remain available 9
until expended. 10
SEC. 311. PROVISIONS AFFECTING ELIGIBILITY FOR AD-11
JUSTMENT OF STATUS. 12
An alien’s eligibility to be lawfully admitted for per-13
manent residence under this Act (whether on a conditional 14
basis, or without the conditional basis as provided in sec-15
tion 104(c)(2)) shall not preclude the alien from seeking 16
any status under any other provision of law for which the 17
alien may otherwise be eligible. 18
SEC. 312. SUPPLEMENTARY SURCHARGE FOR APPOINTED 19
COUNSEL. 20
(a) I
NGENERAL.—Except as provided in section 302 21
and in cases where the applicant is exempt from paying 22
a fee under section 303(c), in any case in which a fee is 23
charged pursuant to this Act, an additional surcharge of 24
$25 shall be imposed and collected for the purpose of pro-25
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viding appointed counsel to applicants seeking judicial re-1
view of the Secretary’s decision to provisionally deny an 2
application under this Act. 3
(b) I
MMIGRATIONCOUNSELACCOUNT.—There is es-4
tablished in the general fund of the Treasury a separate 5
account which shall be known as the ‘‘Immigration Coun-6
sel Account’’. Fees collected under subsection (a) shall be 7
deposited into the Immigration Counsel Account and shall 8
remain available until expended for purposes of providing 9
appointed counsel as required under this Act. 10
(c) R
EPORT.—At the end of each 2-year period, be-11
ginning with the establishment of this account, the Sec-12
retary of Homeland Security shall submit a report to the 13
Congress concerning the status of the account, including 14
any balances therein, and recommend any adjustment in 15
the prescribed fee that may be required to ensure that the 16
receipts collected from the fee charged for the succeeding 17
two years equal, as closely as possible, the cost of pro-18
viding appointed counsel as required under this Act. 19
SEC. 313. ANNUAL REPORT ON PROVISIONAL DENIAL AU-20
THORITY. 21
Not later than 1 year after the date of the enactment 22
of this Act, and annually thereafter, the Secretary of 23
Homeland Security shall submit to the Congress a report 24
detailing the number of applicants that receive— 25
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(1) a provisional denial under this Act; 1
(2) a final denial under this Act without seek-2
ing judicial review; 3
(3) a final denial under this Act after seeking 4
judicial review; and 5
(4) an approval under this Act after seeking ju-6
dicial review. 7
Æ
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