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    Senior Member Dixie's Avatar
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    Dream Act Passed by House HR 5281

    Scroll down about 2 pages to see the text of the Dream Act


    H.R.5281
    Latest Title: Removal Clarification Act of 2010
    Sponsor: Rep Johnson, Henry C. "Hank," Jr. [GA-4] (introduced 5/12/2010) Cosponsors (3)
    Related Bills: H.RES.1756
    Latest Major Action: 12/8/2010 Resolving differences -- House actions. Status: On motion to to agree to the Senate amendments numbered 1 and 2, and that the House agree to the Senate amendment numbered 3 with an amendment Agreed to by the Yeas and Nays: 216 - 198 (Roll no. 625).
    Latest Action: 12/9/2010 Message on House action received in Senate and at desk: House amendment to Senate amendment numbered 3.

    12/8/2010 8:34pm:
    The previous question was ordered pursuant to the rule. (consideration: CR H8242)

    Congressional Record
    111th Congress (2009-2010)

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    DEVELOPMENT, RELIEF, AND EDUCATION FOR ALIEN MINORS ACT OF 2010 -- (House of Representatives - December 08, 2010)

    [Page: H8222] GPO's PDF

    ---

    Mr. CONYERS. Mr. Speaker, pursuant to House Resolution 1756, I call up the bill (H.R. 5281) to amend title 28, United States Code, to clarify and improve certain provisions relating to the removal of litigation against Federal officers or agencies to Federal courts, and for other purposes, with the Senate amendments thereto, and I have a motion at the desk.

    The Clerk read the title of the bill.

    The SPEAKER pro tempore (Mr. Driehaus). The Clerk will designate the Senate amendments.

    The text of the Senate amendments is as follows:

    Senate amendments:

    1On page 2, strike lines 8 through 18 and insert the following:

    United States Code, is amended--

    (1) in subsection (a), in the matter preceding paragraph (1)--

    (A) by inserting ``that is'' after ``or criminal prosecution'';

    (B) by inserting ``and that is'' after ``in a State court''; and

    [Page: H8223] GPO's PDF

    (C) by inserting ``or directed to'' after ``against''; and

    (2) by adding at the end the following:

    ``(c) As used in subsection (a), the terms `civil action' and `criminal prosecution' include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued. If removal is sought for a proceeding described in the previous sentence, and there is no other basis for removal, only that proceeding may be removed to the district court.''.

    2On page 3, strike lines 4 through 19 and insert the following:

    ``(g) Where the civil action or criminal prosecution that is removable under section 1442(a) is a proceeding in which a judicial order for testimony or documents is sought or issued or sought to be enforced, the 30-day requirement of subsections (b) and (c) is satisfied if the person or entity desiring to remove the proceeding files the notice of removal not later than 30 days after receiving, through service, notice of any such proceeding.''.

    3On page 3, strike line 23 and all that follows through page 4, line 6, and insert the following:

    SEC. 3. PAYGO COMPLIANCE.

    The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

    MOTION TO CONCUR

    The SPEAKER pro tempore. The Clerk will designate the motion.

    The text of the motion is as follows:

    Mr. CONYERS moves that the House concur in Senate amendments numbered 1 and 2, and concur in Senate amendment numbered 3 with an amendment.

    The text of the amendment is as follows:

    Amendment:

    At the end of the matter proposed to be inserted by the Senate amendment numbered 3, add the following:

    SEC. 4. SHORT TITLE.

    Notwithstanding section 1, sections 5 through 16 of this Act may be cited as the ``Development, Relief, and Education for Alien Minors Act of 2010'' or the ``DREAM Act of 2010''.


    SEC. 5. DEFINITIONS.

    In this section and sections 6 through 16 of this Act:

    (1) IN GENERAL.--Except as otherwise specifically provided, a term used in this section and section 6 through 16 of this Act that is used in the immigration laws shall have the meaning given such term in the immigration laws.

    (2) ARMED FORCES.--The term ``Armed Forces'' has the meaning given the term ``armed forces'' in section 101(a) of title 10, United States Code.

    (3) CONDITIONAL NONIMMIGRANT.--

    (A) DEFINITION.--The term ``conditional nonimmigrant'' means an alien who is granted conditional nonimmigrant status under this Act.

    (B) DESCRIPTION.--A conditional nonimmigrant--

    (i) shall be considered to be an alien within a nonimmigrant class for purposes of the immigration laws;

    (ii) may have the intention permanently to reside in the United States; and

    (iii) is not required to have a foreign residence which the alien has no intention of abandoning.

    (4) IMMIGRATION LAWS.--The term ``immigration laws'' has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).

    (5) 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 an institution of higher education outside the United States.

    SEC. 6. CANCELLATION OF REMOVAL 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 section and sections 7 through 16 of this Act, the Secretary of Homeland Security may cancel removal of an alien who is inadmissible or deportable from the United States, and grant the alien conditional nonimmigrant status, if the alien demonstrates by a preponderance of the evidence 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 the enactment of this Act and was younger than 16 years of age on the date the alien initially entered the United States;

    (B) the alien has been a person of good moral character since the date the alien initially entered the United States;

    (C) subject to paragraph (2), the alien--

    (i) is not inadmissible under paragraph (1), (2), (3), (4), (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a));

    (ii) is not deportable under paragraph (1)(E), (1)(G), (2), (4), (5), or (6) of section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a));

    (iii) has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; and

    (iv) has not been convicted of--

    (I) any offense under Federal or State law punishable by a maximum term of imprisonment of more than 1 year; or

    (II) 3 or more offenses under Federal or State law, for which the alien was convicted on different dates for each of the 3 offenses and sentenced to imprisonment for an aggregate of 90 days or more;

    (D) the alien--

    (i) has been admitted to an institution of higher education in the United States; or

    (ii) 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 younger than 30 years of age on the date of the enactment of this Act.

    (2) WAIVER.--With respect to any benefit under this section and sections 7 through 16 of this Act, the Secretary of Homeland Security may waive the ground of inadmissibility under paragraph (1), (4), or (6) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) and the ground of deportability under paragraph (1) of section 237(a) of that Act (8 U.S.C. 1227(a)) for humanitarian purposes or family unity or when it is otherwise in the public interest.

    (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.

    (4) SURCHARGE.--The Secretary of Homeland Security shall charge and collect a surcharge of $525 per application on all applications for relief under this subsection. Such surcharge shall be in addition to the otherwise applicable application fee imposed for the purpose of recovering the full costs of providing adjudication and processing services. Notwithstanding any other provision of law, including section 286 of the Immigration and Nationality Act (8 U.S.C. 1356), any surcharge collected under this paragraph shall be deposited as offsetting receipts in the General Fund of the Treasury and shall not be available for obligation or expenditure.

    (5) DEADLINE FOR SUBMISSION OF APPLICATION.--An alien shall submit an application for cancellation of removal and conditional nonimmigrant status under this subsection no later than the date that is 1 year after the later of--

    (A) the date the alien earned a high school diploma or obtained a general education development certificate in the United States; or

    (B) the effective date of the interim regulations under subsection (d).

    (6) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA.--The Secretary of Homeland Security may not cancel the removal of an alien or grant conditional nonimmigrant status to the alien under this subsection unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for applicants who are unable to provide such biometric or biographic data because of a physical impairment.

    (7) BACKGROUND CHECKS.--

    (A) REQUIREMENT FOR BACKGROUND CHECKS.--The Secretary of Homeland Security shall utilize biometric, biographic, and other data that the Secretary determines is appropriate--

    (i) to conduct security and law enforcement background checks of an alien seeking relief available under this subsection; and

    (ii) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such relief.

    (B) COMPLETION OF BACKGROUND CHECKS.--The security and law enforcement background checks required by subparagraph (A) shall be completed, to the satisfaction of the Secretary, prior to the date the Secretary cancels the removal of the alien under this subsection.

    (8) MEDICAL EXAMINATION.--An alien applying for relief available under this subsection shall undergo a medical observation and examination. The Secretary of Homeland Security, with the concurrence of the Secretary of Health and Human Services, shall prescribe policies and procedures for the nature and timing of such observation and examination.

    (9) MILITARY SELECTIVE SERVICE.--An alien applying for relief available under this subsection shall establish that the alien has registered under the Military Selective Service Act (50 U.S.C. App. 451 et seq.), if the alien is subject to such registration under that Act.

    (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 subsection (a) shall not terminate when the

    [Page: H8224] GPO's PDF

    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 of Homeland Security 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 an extension should be no less compelling than serious illness of the alien, or death or serious illness of a parent, grandparent, sibling, or child.

    (d) Regulations.--

    (1) INITIAL PUBLICATION.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall publish regulations implementing this section.

    (2) INTERIM REGULATIONS.--Notwithstanding section 553 of title 5, United States Code, the regulations required by paragraph (1) shall be effective, on an interim basis, immediately upon publication but may be subject to change and revision after public notice and opportunity for a period of public comment.

    (3) FINAL REGULATIONS.--Within a reasonable time after publication of the interim regulations in accordance with paragraph (1), the Secretary of Homeland Security shall publish final regulations implementing this section.

    (e) Removal of Alien.--The Secretary of Homeland Security may not remove any alien who--

    (1) has a pending application for conditional nonimmigrant status under this Act; and

    (2) establishes prima facie eligibility for cancellation of removal and conditional nonimmigrant status under subsection (a).

    SEC. 7. CONDITIONAL NONIMMIGRANT STATUS.

    (a) Length of Status.--Conditional nonimmigrant status granted under section 6 shall be valid for an initial period of 5 years, subject to termination under subsection (c) of this section.

    (b) Terms of Conditional Nonimmigrant Status.--

    (1) EMPLOYMENT.--A conditional nonimmigrant shall be authorized to be employed in the United States incident to conditional nonimmigrant status.

    (2) TRAVEL.--A conditional nonimmigrant may travel outside the United States and may be admitted (if otherwise admissible) upon return to the United States without having to obtain a visa if--

    (A) the alien is the bearer of valid, unexpired documentary evidence of conditional nonimmigrant status; and

    (B) the alien's absence from the United States was not for a period exceeding 180 days.

    (c) Termination of Status.--

    (1) IN GENERAL.--The Secretary of Homeland Security shall terminate the conditional nonimmigrant status of any alien if the Secretary determines that the alien--

    (A) ceases to meet the requirements of subparagraph (B) or (C) of section 6(a)(1);

    (B) has become a public charge; or

    (C) has received a dishonorable or other than honorable discharge from the Armed Forces.

    (2) RETURN TO PREVIOUS IMMIGRATION STATUS.--Any alien whose conditional nonimmigrant status is terminated under paragraph (1) shall return to the immigration status the alien had immediately prior to receiving conditional nonimmigrant status.

    (d) Extension of Status.--

    (1) ELIGIBILITY.--The Secretary of Homeland Security shall extend the conditional nonimmigrant status of an alien for a second period of 5 years if the following requirements are met:

    (A) The alien has demonstrated good moral character during the entire period the alien has been a conditional nonimmigrant.

    (B) The alien is in compliance with section 6(a)(1)(C).

    (C) The alien has not abandoned the alien's residence in the United States. For purposes of this subparagraph--

    (i) 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 nonimmigrant status, unless the alien demonstrates that the alien has not abandoned the alien's residence; and

    (ii) an alien who is absent from the United States due to active service in the Armed Forces has not abandoned the alien's residence in the United States during the period of such service.

    (D) The alien--

    (i) 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; or

    (ii) has served in the Armed Forces 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) SURCHARGE.--The Secretary of Homeland Security shall charge and collect a surcharge of $2,000 per application on all applications for an extension under this subsection. Such surcharge shall be in addition to the otherwise applicable application fee imposed for the purpose of recovering the full costs of providing adjudication and processing services. Notwithstanding any other provision of law, including section 286 of the Immigration and Nationality Act (8 U.S.C. 1356), any surcharge collected under this paragraph shall be deposited as offsetting receipts in the General Fund of the Treasury and shall not be available for obligation or expenditure.

    (3) HARDSHIP EXCEPTION.--The Secretary of Homeland Security may, in the Secretary's discretion, extend the conditional nonimmigrant status of an alien if the alien--

    (A) satisfies the requirements of subparagraphs (A), (B), and (C) of paragraph (1);

    (B) demonstrates compelling circumstances for the inability to complete the requirements described in paragraph (1)(D); and

    (C) 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.

    SEC. 8. ADJUSTMENT OF STATUS.

    (a) In General.--A conditional nonimmigrant may file with the Secretary of Homeland Security, in accordance with subsection (c), an application to have the alien's status adjusted to that of an alien lawfully admitted for permanent residence. The application shall provide, under penalty of perjury, the facts and information so that the Secretary may make the determination described in subsection (b)(1).

    (b) Adjudication of Application for Adjustment of Status.--

    (1) IN GENERAL.--If an application is filed in accordance with subsection (a) for an alien, the Secretary of Homeland Security shall make a determination as to whether the alien meets the requirements set out in paragraphs (1) through (4) of subsection (d).

    (2) ADJUSTMENT OF STATUS IF FAVORABLE DETERMINATION.--If the Secretary determines that the alien meets such requirements, the Secretary shall notify the alien of such determination and adjust the alien's status to that of an alien lawfully admitted for permanent residence, effective as of the date of approval of the application.

    (3) 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 nonimmigrant status of the alien as of the date of the determination.

    (c) Time to File Application.--An alien shall file an application for adjustment of status during the period beginning 1 year before and ending on either the date that is 10 years after the date of the initial grant of conditional nonimmigrant status or any other expiration date of the conditional nonimmigrant status as extended by the Secretary of Homeland Security in accordance with this Act. The alien shall be deemed to be in conditional nonimmigrant status in the United States during the period in which such application is pending.

    (d) Contents of Application.--Each application for an alien under subsection (a) shall contain information to permit the Secretary of Homeland Security to determine whether each of the following requirements is met:

    (1) The alien has demonstrated good moral character during the entire period the alien has been a conditional nonimmigrant.

    (2) The alien is in compliance with section 6(a)(1)(C).

    (3) The alien has not abandoned the alien's residence in the United States. For purposes of this paragraph--

    (A) the Secretary shall presume that the alien has abandoned such residence if the alien is absent from the United States for more than 730 days, in the aggregate, during the period of conditional nonimmigrant status, unless the alien demonstrates that the alien has not abandoned the alien's residence; and

    (B) an alien who is absent from the United States due to active service in the Armed Forces has not abandoned the alien's residence in the United States during the period of such service.

    (4) If previously granted a hardship exception under section 7(d)(3) from the requirements of section 7(d)(1)(D) with respect to extension of conditional nonimmigrant status, the alien has subsequently complied with such requirements, unless the alien is granted a hardship exception with respect to adjustment of status under the criteria described in section 7(d)(3).

    (e) Citizenship Requirement.--

    (1) IN GENERAL.--Except as provided in paragraph (2), the status of a conditional nonimmigrant shall not be adjusted to permanent resident status 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)).

    (2) EXCEPTION.--Paragraph (1) shall not apply to an alien who is unable because of a physical or developmental disability or mental impairment to meet the requirements of such paragraph.

    (f) Payment of Federal Taxes.--

    [Page: H8225] GPO's PDF

    DEVELOPMENT, RELIEF, AND EDUCATION FOR ALIEN MINORS ACT OF 2010 -- (House of Representatives - December 08, 2010)

    (B) by inserting ``and that is'' after ``in a State court''; and

    [Page: H8223] GPO's PDF

    (C) by inserting ``or directed to'' after ``against''; and

    (2) by adding at the end the following:

    ``(c) As used in subsection (a), the terms `civil action' and `criminal prosecution' include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued. If removal is sought for a proceeding described in the previous sentence, and there is no other basis for removal, only that proceeding may be removed to the district court.''.

    2On page 3, strike lines 4 through 19 and insert the following:

    ``(g) Where the civil action or criminal prosecution that is removable under section 1442(a) is a proceeding in which a judicial order for testimony or documents is sought or issued or sought to be enforced, the 30-day requirement of subsections (b) and (c) is satisfied if the person or entity desiring to remove the proceeding files the notice of removal not later than 30 days after receiving, through service, notice of any such proceeding.''.

    3On page 3, strike line 23 and all that follows through page 4, line 6, and insert the following:

    SEC. 3. PAYGO COMPLIANCE....

    The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.
    Englishmen, who have no right in this kingdom of France, the King of Heaven sends you word and warning...depart into your own country... Joan of Arc.

  2. #2
    Super Moderator Newmexican's Avatar
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    This is a travesty.
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