Thread: H 1751 House Dream Act is Education only no military svc

I can't find any reference to joining the military in this bill but government loans and grants are set up


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H.R.1751
American Dream Act (Introduced in House - IH)

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SEC. 3. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

(a) In General- Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.

(b) Effective Date- The repeal under subsection (a) shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

SEC. 4. 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 of Homeland Security 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 5, 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 time of application;

(C) the alien--

(i) is not inadmissible under paragraph (2), (3), or (6)(E) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)); and

(ii) is not deportable under paragraph (1)(E), (2), or (4) of section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)); and

(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.

(2) WAIVER- Notwithstanding paragraph (1), the Secretary of Homeland Security may waive the grounds of ineligibility under section 212(a)(2) of the Immigration and Nationality Act, and the grounds of deportability under paragraphs (1)(E) and (2) of section 237(a) of such Act, if the Secretary determines that the alien's removal would result in extreme hardship to the alien, the alien's child, or (in the case of an alien who is a child) to the alien's parent.

(3) PROCEDURES- The Secretary of Homeland Security 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 not be considered to have failed to maintain continuous physical presence in the United States for purposes of subsection (a)(1)(A) by virtue of brief, casual, and innocent absences from the United States.

(2) WAIVER- The Secretary of Homeland Security may waive breaks in presence beyond brief, casual, or innocent absences for humanitarian purposes, family unity, or when it is otherwise in the public interest.

(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 the enactment of this Act, the Secretary of Homeland Security 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- Not later than 90 days after publication of the interim regulations in accordance with paragraph (1), the Secretary of Homeland Security shall publish final regulations implementing this section.

(f) Removal of Alien- The Secretary of Homeland Security may not remove any alien who has a pending application for conditional status under this Act.

SEC. 5. CONDITIONAL PERMANENT RESIDENT STATUS.

(a) In General-

(1) CONDITIONAL BASIS FOR STATUS- Notwithstanding any other provision of law, and except as provided in section 6, an alien whose status has been adjusted under section 4 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 of Homeland Security 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 of Homeland Security 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.

(b) Termination of Status-

(1) IN GENERAL- The Secretary of Homeland Security 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 4(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 of Homeland Security, 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 of Homeland Security 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 of Homeland Security 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 of Homeland Security 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 4(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 shall not be considered to have 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 all of the secondary educational institutions that the alien attended in the United States.

(2) HARDSHIP EXCEPTION-

(A) IN GENERAL- The Secretary of Homeland Security 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 paragraph (1)(D); 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 of Homeland Security may extend the period of the conditional resident status for the purpose of completing the requirements described in paragraph (1)(D).

(e) Treatment of Period for Purposes of Naturalization- Except as otherwise provided under this Act, an alien who is in the United States as a lawful permanent resident on a conditional basis under this section 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. 6. APPLICABILITY.

If, on the date of the enactment of this Act, an alien has satisfied all the requirements of subparagraphs (A) through (D) of section 4(a)(1) and section 5(d)(1)(D), the Secretary of Homeland Security may adjust the status of the alien to that of a conditional resident in accordance with section 4. The alien may petition for removal of such condition at the end of the conditional residence period in accordance with section 5(c) if the alien has met the requirements of subparagraphs (A), (B), and (C) of section 5(d)(1) during the entire period of conditional residence.

SEC. 7. EXCLUSIVE JURISDICTION.

(a) In General- The Secretary of Homeland Security shall have exclusive jurisdiction to determine eligibility for relief under this Act, except where the alien has been placed into deportation, exclusion, or removal proceedings either prior to or after filing an application for relief under this Act, in which case the Attorney General shall have exclusive jurisdiction and shall assume all the powers and duties of the Secretary until proceedings are terminated, or if a final order of deportation, exclusion, or removal is entered the Secretary shall resume all powers and duties delegated to the Secretary under this Act.

(b) Stay of Removal of Certain Aliens Enrolled in Primary or Secondary School- The Attorney General shall stay the removal proceedings of any alien who--

(1) meets all the requirements of subparagraphs (A), (B), (C), and (E) of section 4(a)(1);

(2) is at least 12 years of age; and

(3) is enrolled full time in a primary or secondary school.

(c) Employment- An alien whose removal is stayed pursuant to subsection (b) may be engaged in employment in the United States, consistent with the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), and State and local laws governing minimum age for employment.

(d) Lift of Stay- The Attorney General shall lift the stay granted pursuant to subsection (b) if the alien--

(1) is no longer enrolled in a primary or secondary school; or

(2) ceases to meet the requirements of subsection (b)(1).

SEC. 8. CONFIDENTIALITY OF INFORMATION.

(a) Prohibition- 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 Government or, in the case of applications filed under this Act with a designated entity, that designated entity, to examine applications filed under this Act.

(b) Required Disclosure- The Attorney General or the Secretary of Homeland Security 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. 9. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.

Regulations promulgated under this Act shall provide that applications under this Act will be considered on an expedited basis and without a requirement for the payment by the applicant of any additional fee for such expedited processing.

SEC. 10. HIGHER EDUCATION ASSISTANCE.

Notwithstanding any provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) or any provision of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 et seq.), with respect to Federal financial education assistance, an alien who is lawfully admitted for permanent residence under this Act and has not had the conditional basis removed shall not be eligible for--

(1) Federal Pell grants under part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.); and

(2) Federal supplemental educational opportunity grants under part A of title IV of that Act (20 U.S.C. 1070b et seq.).

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 Committees on the Judiciary of the Senate and the House of Representatives setting forth--

(1) the number of aliens who were eligible for cancellation of removal and adjustment of status under section 4(a);

(2) the number of aliens who applied for adjustment of status under section 4(a);

(3) the number of aliens who were granted adjustment of status under section 4(a); and

(4) the number of aliens whose conditional permanent resident status was removed under section 5.

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At: www.thomas.gov Search by bill number 1751

I believe it is here:


(1) CONTENTS OF PETITION- Each petition for an alien under subsection (c)(1) shall contain information to permit the Secretary of Homeland Security 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 4(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 shall not be considered to have 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:

(ii) The alien has served in the uniformed services for at least 2 years and, if discharged, has received an honorable discharge.

Thanks Captainron.

What I understand is that there are already provisions to allow illegal aliens serving in the US military to adjust their status. So they are using this as a selling point for the entire bill.

Originally Posted by Captainron

What I understand is that there are already provisions to allow illegal aliens serving in the US military to adjust their status. So they are using this as a selling point for the entire bill.

In order for a non-citizen to serve in the U.S. military, they must be present legally before they can enlist. What bothers me about the Dream Act and military service is that their allegiance is to their home country. What happens if (when) it become necessary to send U.S. troops to the Mexico border?

Check this list out I call it "QUICKSILVER!"
This list is good for cell phone users punch #no. hit call, phone saves #no.
and just keep DRILLIN' BABY!
These are Alipac' targeted house members.
BRIGHT 202 225 2901 DOTHAM,AL.36303
BARROW 202 225 2823 AUGUSTA,GA.30901
MARSHALL 202 225 6531 MACON,GA.31201
CHILDERS 202 225 4306 TUPELO,MS.38804
KRATOVIL 202 225 5311 CENTEREVILLE,MD.21617
MURPHY 202 225 2301 BRISTOL,PA.19007
NYE 202 225 4215 VIRGINIA BEACH,VA.23462
HILL 202 225 5315 JEFFERSONVILLE,IN.47130
MATHESON 202 225 3011 PRICE,UT.84501
DAVIS 202 225 2665 TUSCALOOSA,AL.35401
DONNELLY 202 225 3915 KOKOMO,IN.46901
ELLSWORTH 202 225 4636 EVANSVILLE,IN.47708
HERSETH 202 225 2801 SIOUX FALL,SD.57103
KLEIN 202 225 3026 BOCA RATON,FL.33431
SIMPSON 202 225 5531 BOISE,ID.83702
BIGGERT 202 225 3515 WILLOWBROOK,IL.60527
KANJORSKI 202 225 6511 SCRANTON,PA.18503
KISSELL 202 225 3715 CONCORD,NC.28027
KOSMAS 202 225 2706 ORLANDO,FL.32826
GORDON 202 225 4231 COOKEVILLE,TN.38501
VISCLOSKY 202 225 2461 MERRILLVILLE,IN.46410
KAGEN 202 225 5665 APPLETON,WI.54911
ARCURI 202 225 3665 AUBURN,NY.13021
SPACE 202 225 6265 DOVER,OH.44622
STUPAK 202 225 4735 ALPENA,MI.49707
ADLER 202 225 4765 TOMS RIVER,NJ.08753
BISHOP 202 225 3826 CORAM,NY.11727
BOCCIERI 202 225 3876 CANTON,OH.44702
BOSWELL 202 225 3806 DES MOINES,IA.50309
CONNOLLY 202 225 1492 WOODBRIDGE,VA.22192
COOPER 202 225 4311 NASHVILLE,TN.37219
COSTELLO 202 225 5661 BELLEVILL,IL.62221
BEAN 202 225 3711 SPRINGFIELD,IL.62703
HOLDEN 202 225 5546 TEMPE,AZ.
DRIEHAUS 202 225 2216 CINCINNATI,OH.45202
ETHERRIDGE 202 225 4513 CLAYTON,NC.27520
FOSTER 202 225 2976 DIXON,IL.61021
GIFFORD 202 225 2542 TUCSON,AZ.85732
HALL 202 225 5441 CARMEL,NY.10512
HALVORSON 202 225 3635 JOLIET,IL.60432
HIMES 202 225 5541 BRIDGEPORT,CT.06604
HODES 202 225 5206 KEENE,NH.03431
KILDEE 202 225 3611 FLINT,MI.48502
KILROY 202 225 2015 COLUMBUS,OH.43212
KIRKPATRICK 202 225 2315 PRESCOTT,AZ.86303
LARSON 202 225 2265 HARTFORD,CT.06106
LIPINSKY 202 225 5701 LAGRANGE,IL.60525
LOEBSACK 202 225 6576 IOWA CITY,IA.52240
MICHAUD 202 225 6306 BANGOR,ME.04401
MITCHELL 202 225 2190 SCOTTSDALE,AZ.85251
OBERSTAR 202 225 6211 DULUTH,MN.55802
PETERS 202 225 5802 TROY,MI.48084
POMEROY 202 225 2611 BISMARCK,ND.58501
RUPPERBERGER 202 225 3061 TIMONIUM,MD.21093
SCHAUER 202 225 6276 JACKSON,MI.49202
SCHWARTZ 202 225 6111 PHILADELPHIA,PA.19135
SCOTT 202 225 2939 JONESBORO,GA.30236
SHEA-PORTER 202 225 5456 ROCHESTER,NH.03866
SKELTON 202 225 2876 LEBANON,MO.65536
SPRATT 202 225 5501 ROCK HILL,SC.29730
TANNER 202 225 4714 JACKSON,TN.38301
TEAGUE 202 225 2365 HOBBS,NM.88240
TITUS 202 225 3252 LOS VEGAS,NV.89123
VANHOLLEN 202 225 5341 ROCKVILLE,MD.20850
WALZ 202 225 2472 ROCHESTER,MN.55901
WILSON 202 225 5705 IRONTON,OH.44406
YARMUTH 202 225 5401 LOUISVILLE,KY.40202 voted no in past
SHERMAN 202 225 5911 SHERMAN OAKS,CA.91403
BISHOP 202 225 3631 ALBANY,GA.31701
BOYD 202 225 5235 TALLAHASSEE,FL.32317
Senate List:
BARRASSO 202 224 6441 CASPER,WY.82602
BINGAMAN 202 224 5521 SACRAMENTO,CA.95834
BROWN,SC. 202 224 4543 BOSTON,MA02203
BROWN,SH. 202 224 2315 CLEVELAND,OH.44114
CANTWELL 202 224 3441 SEATTLE,WA.98174
CARDIN 202 224 4524 BALTIMORE,MD.21201
CARPER 202 224 2441 DOVER,DE.19904
CASEY 202 224 6324 SCRANTON,PA.18503
CONRAD 202 224 2043 MINOT,ND.58701
CORKER 202 224 3344 NASHVILLE,TN.37203
ENSIGN 202 224 6244 RENO,NV.89501
FEINSTEIN 202 224 3841 FRESNO,CA.93721
GILLIBRAND 202 224 4451 NEW YORK,NY 10017
HATCH 202 224 5251 PROVO,UT84601
HUTCHISON 202 224 5922 ABILENE,TX.79602
KLOBACHAR 202 224 3244 MINNEAPOLIS,MN.55415
KOHL 202 224 5653 MILUAKEE,WI.53203
KYL 202 224 4521 TUCSON,AZ.85704
LIEBERMAN 202 224 4041 HARTFORD,CT.06103
LUGAR 202 224 4814 EVANSVILLE,IN.47708
MANCHIN 202 224 3954 CHARLESTON,WV.25304
McCASKILL 202 224 6154 COLUMBIA,MO.63703
MENENDEZ 202 224 4744 NEWARK,NJ.07102
NELSON,BEN 202 224 6551 OMAHA,NE.68154
NELSON,BILL 202 224 5274 TAMPA,FL.33602
SANDERS 202 224 5141 BRATTLEBORO,VT.05301
SNOWE 202 224 5344 AUGUSTA,ME.04330
STABENOW 202 224 4822 DETROIT,MI.48226
TESTER 202 224 2644 HELENA,MT.59601
WEBB 202 224 4024 NORTON,VA.24273
WHITEHOUSE 202 224 2921 PROVIDENCE,RI.02903
WICKER 202 224 6253 JACKSON,MS.39201
BAUCAS 202 224 2651 BOZEMAN,MT.59715
BROWNBACK 202 224 2523 WICHITA,KS.67209
COLLINS 202 224 2523 LEWISTON,ME.04240
DORGAN 202 224 2551 FARGO,ND.58106
LANDRIEU 202 224 5825 BATON ROUGE,LA70801
MURKOWSKI 202 224 6665 FAIRBANKS,AK.99701
PRYOR 202 224 2353 LITTLEROCK,AR.72201
DANIEL 202 224 6361 HONOLULU,HI.96850

And there's still time to use it!