Durbin, Hagel & Lugar take 2nd bite at DREAM act (my title)

S. 2205. A bill to authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents and who entered the United States as children, and for other purposes.

Found it....starts here:
http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?position=all&page=S13097&dbname=2007_record

By Mr. DURBIN (for himself, Mr.
HAGEL, and Mr. LUGAR):
S. 2205. A bill to authorize the cancellation
of removal and adjustment of
status of certain alien students who
are long-term United States residents
and who entered the United States as
children, and for other purposes; read
the first time.
Mr. DURBIN. Mr. President, I ask
unanimous consent that the text of the
bill be printed in the RECORD.
There being no objection, the text of
the bill was ordered to be placed in the
RECORD, as follows:
S. 2205
Be it enacted by the Senate and House of Representatives
of the United States of America in
Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Development,
Relief, and Education for Alien Minors
Act of 2007’’ or the ‘‘DREAM Act of 2007’’.
SEC. 2. DEFINITIONS.
In this Act:
(1) INSTITUTION OF HIGHER EDUCATION.—The
term ‘‘institution of higher education’’ has
the meaning given that term in section 101 of
the Higher Education Act of 1965 (20 U.S.C.
1001).
(2) SECRETARY.—The term ‘‘Secretary’’
means the Secretary of Homeland Security.
(3) UNIFORMED SERVICES.—The term ‘‘uniformed
services’’ has the meaning given that
term in section 101(a) of title 10, United
States Code.
SEC. 3. CANCELLATION OF REMOVAL AND ADJUSTMENT
OF STATUS OF CERTAIN
LONG-TERM RESIDENTS WHO ENTERED
THE UNITED STATES AS
CHILDREN.
(a) SPECIAL RULE FOR CERTAIN LONG-TERM
RESIDENTS WHO ENTERED THE UNITED STATES
AS CHILDREN.—
(1) IN GENERAL.—Notwithstanding any
other provision of law and except as otherwise
provided in this Act, the Secretary may
cancel removal of, and adjust to the status of
an alien lawfully admitted for permanent
residence, subject to the conditional basis
described in section 4, an alien who is inadmissible
or deportable from the United
States, if the alien demonstrates that—
(A) the alien has been physically present in
the United States for a continuous period of
not less than 5 years immediately preceding
the date of enactment of this Act, and had
not yet reached the age of 16 years at the
time of initial entry;
(B) the alien has been a person of good
moral character since the date of enactment
of this Act;
(C) the alien—
(i) is not inadmissible under paragraph (2),
paragraph (3), subparagraph (B), (C), (E), (F),
or (G) of paragraph (6), or subsection (C) of
paragraph (10) of section 212(a) of the Immigration
and Nationality Act (8 U.S.C.
1182(a)), except that if the alien is inadmissible
solely under subparagraph (C) or (F) of
paragraph (6) of such section, the alien had
not yet reached the age of 16 years at the
time the violation was committed; and
(ii) is not deportable under subparagraph
(E) or (G) of paragraph (1), paragraph (2),
subparagraph (B), (C), or (D) of paragraph (3),
paragraph (4), or paragraph (6) of section
237(a) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)), except that if the alien
is deportable solely under subparagraph (C)
or (D) of paragraph (3) of such section, the
alien had not yet reached the age of 16 years
at the time the violation was committed;
(D) the alien, at the time of application,
has been admitted to an institution of higher
education in the United States, or has
earned a high school diploma or obtained a
general education development certificate in
the United States;
(E) the alien has never been under a final
administrative or judicial order of exclusion,
deportation, or removal, unless the alien—
(i) has remained in the United States under
color of law after such order was issued; or
(ii) received the order before attaining the
age of 16 years; and
(F) the alien was had not yet reached the
age of 30 years on the date of enactment of
this Act.
(2) WAIVER.—Notwithstanding paragraph
(1), the Secretary of Homeland Security may
waive the ground of ineligibility under section
212(a)(6) of the Immigration and Nationality
Act and the ground of deportability
under paragraphs (1), (3), and (6) of section
237(a) of that Act for humanitarian purposes
or family unity or when it is otherwise in
the public interest.
(3) PROCEDURES.—The Secretary shall provide
a procedure by regulation allowing eligible
individuals to apply affirmatively for
the relief available under this subsection
without being placed in removal proceedings.
(b) TERMINATION OF CONTINUOUS PERIOD.—
For purposes of this section, any period of
continuous residence or continuous physical
presence in the United States of an alien who
applies for cancellation of removal under
this section shall not terminate when the
alien is served a notice to appear under section
239(a) of the Immigration and Nationality
Act (8 U.S.C. 1229(a)).
(c) TREATMENT OF CERTAIN BREAKS IN
PRESENCE.—
(1) IN GENERAL.—An alien shall be considered
to have failed to maintain continuous
physical presence in the United States under
subsection (a) if the alien has departed from
the United States for any period in excess of
90 days or for any periods in the aggregate
exceeding 180 days.
(2) EXTENSIONS FOR EXCEPTIONAL CIRCUMSTANCES.—
The Secretary may extend the
time periods described in paragraph (1) if the
alien demonstrates that the failure to timely
return to the United States was due to exceptional
circumstances. The exceptional
circumstances determined sufficient to justify
such an extension shall be no less compelling
than serious illness of the alien, or
death or serious illness of a parent, grandparent,
sibling, or child of the alien.
(d) EXEMPTION FROM NUMERICAL LIMITATIONS.—
Nothing in this section may be construed
to apply a numerical limitation on
the number of aliens who may be eligible for
cancellation of removal or adjustment of
status under this section.
(e) REGULATIONS.—
(1) PROPOSED REGULATIONS.—Not later than
180 days after the date of enactment of this
Act, the Secretary shall publish proposed
regulations implementing this section. Such
regulations shall be effective immediately on
an interim basis, but are subject to change
and revision after public notice and opportunity
for a period for public comment.
(2) INTERIM, FINAL REGULATIONS.—Within a
reasonable time after publication of the interim
regulations in accordance with paragraph
(1), the Secretary shall publish final
regulations implementing this section.
SEC. 4. CONDITIONAL PERMANENT RESIDENT
STATUS.
(a) IN GENERAL.—
(1) CONDITIONAL BASIS FOR STATUS.—Notwithstanding
any other provision of law, and
except as provided in section 5, an alien
whose status has been adjusted under section
3 to that of an alien lawfully admitted for
permanent residence shall be considered to
have obtained such status on a conditional
basis subject to the provisions of this section.
Such conditional permanent resident
status shall be valid for a period of 6 years,
subject to termination under subsection (b).
(2) NOTICE OF REQUIREMENTS.—
(A) AT TIME OF OBTAINING PERMANENT RESIDENCE.—
At the time an alien obtains permanent
resident status on a conditional basis
under paragraph (1), the Secretary shall provide
for notice to the alien regarding the
provisions of this section and the requirements
of subsection (c) to have the conditional
basis of such status removed.
(B) EFFECT OF FAILURE TO PROVIDE NOTICE.—
The failure of the Secretary to provide
a notice under this paragraph—
(i) shall not affect the enforcement of the
provisions of this Act with respect to the
alien; and
(ii) shall not give rise to any private right
of action by the alien.
(3) LIMITATION ON REMOVAL.—The Secretary
may not remove an alien who has a pending
application for conditional permanent resident
status under this section.
(b) TERMINATION OF STATUS.—
(1) IN GENERAL.—The Secretary shall terminate
the conditional permanent resident
status of any alien who obtained such status
under this Act, if the Secretary determines
that the alien—
(A) ceases to meet the requirements of subparagraph
(B) or (C) of section 3(a)(1);
(B) has become a public charge; or
(C) has received a dishonorable or other
than honorable discharge from the uniformed
services.

(2) RETURN TO PREVIOUS IMMIGRATION STATUS.—
Any alien whose conditional permanent
resident status is terminated under
paragraph (1) shall return to the immigration
status the alien had immediately prior
to receiving conditional permanent resident
status under this Act.
(c) REQUIREMENTS OF TIMELY PETITION FOR
REMOVAL OF CONDITION.—
(1) IN GENERAL.—In order for the conditional
basis of permanent resident status obtained
by an alien under subsection (a) to be
removed, the alien must file with the Secretary,
in accordance with paragraph (3), a
petition which requests the removal of such
conditional basis and which provides, under
penalty of perjury, the facts and information
so that the Secretary may make the determination
described in paragraph (2)(A).
(2) ADJUDICATION OF PETITION TO REMOVE
CONDITION.—
(A) IN GENERAL.—If a petition is filed in accordance
with paragraph (1) for an alien, the
Secretary shall make a determination as to
whether the alien meets the requirements
set out in subparagraphs (A) through (E) of
subsection (d)(1).
(B) REMOVAL OF CONDITIONAL BASIS IF FAVORABLE
DETERMINATION.—If the Secretary
determines that the alien meets such requirements,
the Secretary shall notify the
alien of such determination and immediately
remove the conditional basis of the status of
the alien.
(C) TERMINATION IF ADVERSE DETERMINATION.—
If the Secretary determines that the
alien does not meet such requirements, the
Secretary shall notify the alien of such determination
and terminate the conditional
permanent resident status of the alien as of
the date of the determination.
(3) TIME TO FILE PETITION.—An alien may
petition to remove the conditional basis to
lawful resident status during the period beginning
180 days before and ending 2 years
after either the date that is 6 years after the
date of the granting of conditional permanent
resident status or any other expiration
date of the conditional permanent resident
status as extended by the Secretary in accordance
with this Act. The alien shall be
deemed in conditional permanent resident
status in the United States during the period
in which the petition is pending.
(d) DETAILS OF PETITION.—
(1) CONTENTS OF PETITION.—Each petition
for an alien under subsection (c)(1) shall contain
information to permit the Secretary to
determine whether each of the following requirements
is met:
(A) The alien has demonstrated good moral
character during the entire period the alien
has been a conditional permanent resident.
(B) The alien is in compliance with section
3(a)(1)(C).
(C) The alien has not abandoned the alien’s
residence in the United States. The Secretary
shall presume that the alien has abandoned
such residence if the alien is absent
from the United States for more than 365
days, in the aggregate, during the period of
conditional residence, unless the alien demonstrates
that alien has not abandoned the
alien’s residence. An alien who is absent
from the United States due to active service
in the uniformed services has not abandoned
the alien’s residence in the United States
during the period of such service.
(D) The alien has completed at least 1 of
the following:
(i) The alien has acquired a degree from an
institution of higher education in the United
States or has completed at least 2 years, in
good standing, in a program for a bachelor’s
degree or higher degree in the United States.
(ii) The alien has served in the uniformed
services for at least 2 years and, if discharged,
has received an honorable discharge.
(E) The alien has provided a list of each
secondary school (as that term is defined in
section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801))
that the alien attended in the United States.
(2) HARDSHIP EXCEPTION.—
(A) IN GENERAL.—The Secretary may, in
the Secretary’s discretion, remove the conditional
status of an alien if the alien—
(i) satisfies the requirements of subparagraphs
(A), (B), and (C) of paragraph (1);
(ii) demonstrates compelling circumstances
for the inability to complete the
requirements described in subparagraph (D)
of such paragraph; and
(iii) demonstrates that the alien’s removal
from the United States would result in exceptional
and extremely unusual hardship to
the alien or the alien’s spouse, parent, or
child who is a citizen or a lawful permanent
resident of the United States.
(B) EXTENSION.—Upon a showing of good
cause, the Secretary may extend the period
of conditional resident status for the purpose
of completing the requirements described in
subparagraph (D) of paragraph (1).
(e) TREATMENT OF PERIOD FOR PURPOSES OF
NATURALIZATION.—For purposes of title III of
the Immigration and Nationality Act (8
U.S.C. 1401 et seq.), in the case of an alien
who is in the United States as a lawful permanent
resident on a conditional basis under
this section, the alien shall be considered to
have been admitted as an alien lawfully admitted
for permanent residence and to be in
the United States as an alien lawfully admitted
to the United States for permanent residence.
However, the conditional basis must
be removed before the alien may apply for
naturalization.
SEC. 5. TREATMENT OF CERTAIN APPLICANTS.
If, on the date of enactment of this Act, an
alien has satisfied all the requirements of
subparagraphs (A) through (F) of section
3(a)(1) and subparagraph (D) of section
4(d)(1), the Secretary may adjust the status
of the alien to that of a conditional resident
in accordance with section 3. The alien may
petition for removal of such condition at the
end of the conditional residence period in accordance
with section 4(c) if the alien has
met the requirements of subparagraphs (A),
(B), and (C) of section 4(d)(1) during the entire
period of conditional residence.
SEC. 6. EXCLUSIVE JURISDICTION.
(a) SECRETARY.—Except as provided in subsection
(b), the Secretary shall have exclusive
jurisdiction to determine eligibility for
relief under this Act.
(b) ATTORNEY GENERAL.—Notwithstanding
subsection (a), if an alien has been placed
into deportation, exclusion, or removal proceedings
either prior to or after filing an application
for relief under this Act, the Attorney
General shall have exclusive jurisdiction
and shall assume all the powers and duties of
the Secretary under this Act until proceedings
are terminated. If a final order of
deportation, exclusion, or removal is entered
for the alien the Secretary shall resume all
powers and duties under this Act with respect
to the alien.
SEC. 7. STAY OF REMOVAL OF CERTAIN ALIENS
ENROLLED IN PRIMARY OR SECONDARY
SCHOOL.
(a) STAY OF REMOVAL.—The Attorney General
shall stay the removal proceedings of
any alien who—
(1) meets all the requirements of subparagraphs
(A), (B), (C), (E), and (F) of section
3(a)(1);
(2) is at least 12 years of age; and
(3) is enrolled full time in a primary or secondary
school.
(b) EMPLOYMENT.—An alien whose removal
is stayed pursuant to subsection (a) may be
engaged in employment in the United States
consistent with the Fair Labor Standards
Act (29 U.S.C. 201 et seq.) and State and local
laws governing minimum age for employment.
(c) LIFT OF STAY.—The Attorney General
shall lift the stay granted pursuant to subsection
(a) if the alien—
(1) is no longer enrolled in a primary or
secondary school; or
(2) ceases to meet the requirements of subsection
(a)(1).
SEC. 8. PENALTIES FOR FALSE STATEMENTS IN
APPLICATION.
Whoever files an application for relief
under this Act and willfully and knowingly
falsifies, misrepresents, or conceals a material
fact or makes any false or fraudulent
statement or representation, or makes or
uses any false writing or document knowing
the same to contain any false or fraudulent
statement or entry, shall be fined in accordance
with title 18, United States Code, or imprisoned
not more than 5 years, or both.
SEC. 9. CONFIDENTIALITY OF INFORMATION.
(a) PROHIBITION.—Except as provided in
subsection (b), no officer or employee of the
United States may—
(1) use the information furnished by the
applicant pursuant to an application filed
under this Act to initiate removal proceedings
against any persons identified in
the application;
(2) make any publication whereby the information
furnished by any particular individual
pursuant to an application under this
Act can be identified; or
(3) permit anyone other than an officer or
employee of the United States to examine
applications filed under this Act.
(b) REQUIRED DISCLOSURE.—The Attorney
General or the Secretary shall provide the
information furnished under this section,
and any other information derived from such
furnished information, to—
(1) a duly recognized law enforcement entity
in connection with an investigation or
prosecution of an offense described in paragraph
(2) or (3) of section 212(a) of the Immigration
and Nationality Act (8 U.S.C.
1182(a)), when such information is requested
in writing by such entity; or
(2) an official coroner for purposes of affirmatively
identifying a deceased individual
(whether or not such individual is deceased
as a result of a crime).
(c) PENALTY.—Whoever knowingly uses,
publishes, or permits information to be examined
in violation of this section shall be
fined not more than $10,000.
SEC. 10. HIGHER EDUCATION ASSISTANCE.
Notwithstanding any provision of the
Higher Education Act of 1965 (20 U.S.C. 1001
et seq.), with respect to assistance provided
under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.), an alien who adjusts
status to that of a lawful permanent
resident under this Act shall be eligible only
for the following assistance under such title:
(1) Student loans under parts B, D, and E of
such title IV, subject to the requirements of
such parts.
(2) Federal work-study programs under
part C of such title IV, subject to the requirements
of such part.
(3) Services under such title IV, subject to
the requirements for such services.
SEC. 11. GAO REPORT.
Not later than 7 years after the date of enactment
of this Act, the Comptroller General
of the United States shall submit a report to
the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of
the House of Representatives setting forth—
(1) the number of aliens who were eligible
for cancellation of removal and adjustment
of status under section 3(a);
(2) the number of aliens who applied for adjustment
of status under section 3(a);
(3) the number of aliens who were granted
adjustment of status under section 3(a); and
(4) the number of aliens whose conditional
permanent resident status was removed
under section 4.
//////////////end//////////////

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.