S.744 Immigration bill - Sec. 2103: THE DREAM ACT
Posted Wed, Apr 17, 2013 at 4:56 pm
- (a) Short Title- This section may be cited as the
`Development, Relief, and Education for Alien Minors Act of 2013' or the
`DREAM Act 2013'.
- (b) Adjustment of Status for Certain Aliens Who Entered the
United States as Children- Chapter 5 of title II (8 U.S.C. 1255 et
seq.) is amended by inserting after section 245C, as added by section
2102 of this title, the following:
`SEC. 245D. ADJUSTMENT OF STATUS FOR CERTAIN ALIENS WHO ENTERED THE UNITED STATES AS CHILDREN.
- `(a) Definitions- In this section:
- `(1) INSTITUTION OF HIGHER EDUCATION- The term
`institution of higher education' has the meaning given such term in
section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), except
that the term does not include institutions described in subsection
(a)(1)(C) of such section.
- `(2) SECRETARY- The term `Secretary' means the Secretary of Homeland Security.
- `(3) UNIFORMED SERVICES- The term `Uniformed Services'
has the meaning given the term `uniformed services' in section 101(a)(5)
of title 10, United States Code.
- `(b) Adjustment of Status for Certain Aliens Who Entered the United States as Children-
- `(1) REQUIREMENTS-
- `(A) IN GENERAL- The Secretary of Homeland Security
may adjust the status of a registered provisional immigrant to the
status of a lawful permanent resident if the immigrant demonstrates that
he or she--
- `(i) has been a registered provisional immigrant for at least 5 years;
- `(ii) was younger than 16 years of age on the date on which the alien initially entered the United States;
- `(iii) has earned a high school diploma or obtained a general education development certificate in the United States;
- `(iv)(I) has acquired a degree from an
institution of higher education 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; or
- `(II) has served in the Uniformed Services for at least 4 years and, if discharged, received an honorable discharge; and
- `(v) 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.
- `(B) HARDSHIP EXCEPTION-
- `(i) IN GENERAL- The Secretary may adjust the
status of a registered provisional immigrant to the status of a lawful
permanent resident if the alien--
- `(I) satisfies the requirements under clauses (i), (ii), (iii), and (v) of subparagraph (A); and
- `(II) demonstrates compelling circumstances for the inability to satisfy the requirement under subparagraph (A)(iv).
- `(C) CITIZENSHIP REQUIREMENT-
- `(i) IN GENERAL- Except as provided in clause
(ii), the Secretary may not adjust the status of an alien to lawful
permanent resident status under this section unless the alien
demonstrates that the alien satisfies the requirements of section 312(a)
of the Immigration and Nationality Act (8 U.S.C. 1423(a)).
- `(ii) EXCEPTION- Clause (i) shall not apply to
an alien whose physical or developmental disability or mental impairment
prevents the alien from meeting the requirements such section.
- `(D) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA-
The Secretary may not adjust the status of an alien to lawful permanent
resident status unless the alien--
- `(i) submits biometric and biographic data, in accordance with procedures established by the Secretary; or
- `(ii) complies with an alternative procedure
prescribed by the Secretary, if the alien is unable to provide such
biometric data because of a physical impairment.
- `(E) BACKGROUND CHECKS-
- `(i) REQUIREMENT FOR BACKGROUND CHECKS- The
Secretary shall utilize biometric, biographic, and other data that the
Secretary determines appropriate--
- `(I) to conduct security and law
enforcement background checks of an alien applying for lawful permanent
resident status under this section; and
- `(II) to determine whether there is any
criminal, national security, or other factor that would render the alien
ineligible for such status.
- `(ii) COMPLETION OF BACKGROUND CHECKS- The
Secretary may not adjust an alien's status to the status of a lawful
permanent resident under this subsection until the security and law
enforcement background checks required under clause (i) have been
completed with respect to the alien, to the satisfaction of the
- `(2) APPLICATION FOR LAWFUL PERMANENT RESIDENT STATUS-
- `(A) IN GENERAL- A registered provisional immigrant
seeking lawful permanent resident status shall file an application for
such status in such manner as the Secretary of Homeland Security may
- `(B) ADJUDICATION-
- `(i) IN GENERAL- The Secretary shall evaluate
each application filed by a registered provisional immigrant under this
paragraph to determine whether the alien meets the requirements under
- `(ii) ADJUSTMENT OF STATUS IF FAVORABLE
DETERMINATION- If the Secretary determines that the alien meets the
requirements under paragraph (1), the Secretary shall notify the alien
of such determination and adjust the status of the alien to lawful
permanent resident status, effective as of the date of such
- `(iii) ADVERSE DETERMINATION- If the Secretary
determines that the alien does not meet the requirements under paragraph
(1), the Secretary shall notify the alien of such determination.
- `(C) DACA RECIPIENTS- The Secretary may adopt
streamlined procedures for applicants for adjustment to lawful permanent
resident status under this section who were granted Deferred Action for
Childhood Arrivals (referred to in this paragraph as `DACA') pursuant
to the Secretary's memorandum of June 15, 2012.
- `(3) TREATMENT FOR PURPOSES OF NATURALIZATION-
- `(A) IN GENERAL- An alien granted lawful permanent
resident status under this subsection shall be considered, for purposes
of title III--
- `(i) to have been lawfully admitted for permanent residence; and
- `(ii) to have been in the United States as an
alien lawfully admitted to the United States for permanent residence
during the period the alien was a registered provisional immigrant.
- `(B) LIMITATION ON APPLICATION FOR NATURALIZATION-
An alien may not apply for naturalization while the alien is a
registered provisional immigrant..'.
- (c) Exemption From Numerical Limitations- Section 201(b) (8 U.S.C. 1151(b)(1)) is amended--
- (1) by redesignating subparagraph (E) as subparagraph (F); and
- (2) by inserting after subparagraph (D) the following:
- `(E) Aliens whose status is adjusted to permanent resident status under section 245C or 245D.'.
- (d) Restoration of State Option To Determine Residency for Purposes of Higher Education-
- (1) REPEAL- Section 505 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is
- (2) EFFECTIVE DATE- The repeal under paragraph (1)
shall take effect as if included in the original enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208).
THE DREAM ACT