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    Senior Member Dixie's Avatar
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    Oppose HR 1751 Dream Act (HR 5281)

    H.R.1751
    Title: To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine State residency for higher education purposes and 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.

    Sponsor: Rep Berman, Howard L. [CA-28] (introduced 3/26/2009) Cosponsors (9)

    Latest Major Action: 3/26/2009 Referred to House committee. Status: Referred to the Committee on the Judiciary, and in addition to the Committee on Education and Labor, 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.

    ALL ACTIONS:
    3/26/2009:
    Sponsor introductory remarks on measure. (CR E797)
    3/26/2009:
    Referred to the Committee on the Judiciary, and in addition to the Committee on Education and Labor, 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.
    3/26/2009:
    Referred to House Judiciary
    3/26/2009:
    Referred to House Education and Labor
    5/14/2009:
    Referred to the Subcommittee on Higher Education, Lifelong Learning, and Competitiveness.

    COSPONSORS(134), ALPHABETICAL [followed by Cosponsors withdrawn]: (Sort: by date)

    Rep Abercrombie, Neil [HI-1] - 7/28/2009
    Rep Ackerman, Gary L. [NY-5] - 3/31/2009
    Rep Baca, Joe [CA-43] - 4/14/2010
    Rep Baldwin, Tammy [WI-2] - 9/8/2009
    Rep Becerra, Xavier [CA-31] - 10/21/2009
    Rep Berkley, Shelley [NV-1] - 6/10/2009
    Rep Blumenauer, Earl [OR-3] - 6/23/2009
    Rep Brady, Robert A. [PA-1] - 4/15/2010
    Rep Brown, Corrine [FL-3] - 7/15/2009
    Rep Cao, Anh "Joseph" [LA-2] - 3/26/2009
    Rep Capps, Lois [CA-23] - 3/31/2009
    Rep Capuano, Michael E. [MA-8] - 3/31/2009
    Rep Carson, Andre [IN-7] - 4/22/2009
    Rep Castor, Kathy [FL-11] - 4/30/2009
    Rep Chu, Judy [CA-32] - 9/8/2009
    Rep Clarke, Yvette D. [NY-11] - 5/7/2009
    Rep Clay, Wm. Lacy [MO-1] - 5/7/2009
    Rep Cleaver, Emanuel [MO-5] - 4/21/2009
    Rep Cohen, Steve [TN-9] - 11/3/2009
    Rep Conyers, John, Jr. [MI-14] - 3/26/2009
    Rep Crowley, Joseph [NY-7] - 5/7/2009
    Rep Cuellar, Henry [TX-28] - 6/15/2010
    Rep Cummings, Elijah E. [MD-7] - 6/2/2009
    Rep Davis, Danny K. [IL-7] - 5/7/2009
    Rep Davis, Susan A. [CA-53] - 4/21/2009
    Rep DeGette, Diana [CO-1] - 9/14/2009
    Rep Delahunt, Bill [MA-10] - 7/10/2009
    Rep DeLauro, Rosa L. [CT-3] - 5/14/2009
    Rep Diaz-Balart, Lincoln [FL-21] - 3/26/2009
    Rep Diaz-Balart, Mario [FL-25] - 3/26/2009
    Rep Doggett, Lloyd [TX-25] - 6/23/2009
    Rep Edwards, Donna F. [MD-4] - 6/16/2010
    Rep Ellison, Keith [MN-5] - 6/2/2009
    Rep Engel, Eliot L. [NY-17] - 3/31/2009
    Rep Eshoo, Anna G. [CA-14] - 4/21/2009
    Rep Farr, Sam [CA-17] - 3/31/2009
    Rep Fattah, Chaka [PA-2] - 4/21/2009
    Rep Filner, Bob [CA-51] - 3/31/2009
    Rep Frank, Barney [MA-4] - 6/19/2009
    Rep Garamendi, John [CA-10] - 11/15/2010
    Rep Gonzalez, Charles A. [TX-20] - 3/31/2009
    Rep Green, Al [TX-9] - 6/15/2010
    Rep Green, Gene [TX-29] - 7/28/2009
    Rep Grijalva, Raul M. [AZ-7] - 3/31/2009
    Rep Gutierrez, Luis V. [IL-4] - 12/11/2009
    Rep Harman, Jane [CA-36] - 5/7/2009
    Rep Hastings, Alcee L. [FL-23] - 9/8/2009
    Rep Heinrich, Martin [NM-1] - 9/8/2009
    Rep Hinchey, Maurice D. [NY-22] - 4/15/2010
    Rep Hinojosa, Ruben [TX-15] - 3/31/2009
    Rep Hirono, Mazie K. [HI-2] - 4/27/2010
    Rep Holt, Rush D. [NJ-12] - 4/21/2009
    Rep Honda, Michael M. [CA-15] - 5/13/2009
    Rep Israel, Steve [NY-2] - 4/21/2009
    Rep Jackson, Jesse L., Jr. [IL-2] - 5/5/2009
    Rep Jackson-Lee, Sheila [TX-18] - 6/2/2009
    Rep Johnson, Eddie Bernice [TX-30] - 4/30/2009
    Rep Johnson, Henry C. "Hank," Jr. [GA-4] - 11/17/2010
    Rep Kennedy, Patrick J. [RI-1] - 5/7/2009
    Rep Kilpatrick, Carolyn C. [MI-13] - 10/28/2009
    Rep Kucinich, Dennis J. [OH-10] - 4/20/2010
    Rep Langevin, James R. [RI-2] - 5/7/2009
    Rep Larsen, Rick [WA-2] - 6/19/2009
    Rep Lee, Barbara [CA-9] - 4/21/2009
    Rep Levin, Sander M. [MI-12] - 7/22/2010
    Rep Lewis, John [GA-5] - 7/15/2010
    Rep Lofgren, Zoe [CA-16] - 3/26/2009
    Rep Lowey, Nita M. [NY-18] - 5/20/2009
    Rep Lynch, Stephen F. [MA-9] - 6/25/2009
    Rep Maffei, Daniel B. [NY-25] - 5/20/2009
    Rep Maloney, Carolyn B. [NY-14] - 6/23/2009
    Rep Markey, Edward J. [MA-7] - 6/8/2009
    Rep Matsui, Doris O. [CA-5] - 4/27/2010
    Rep McCarthy, Carolyn [NY-4] - 3/31/2009
    Rep McDermott, Jim [WA-7] - 6/2/2009
    Rep McGovern, James P. [MA-3] - 6/19/2009
    Rep Meek, Kendrick B. [FL-17] - 4/22/2009
    Rep Meeks, Gregory W. [NY-6] - 5/20/2009
    Rep Miller, George [CA-7] - 5/14/2009
    Rep Moore, Dennis [KS-3] - 4/27/2010
    Rep Moore, Gwen [WI-4] - 4/30/2009
    Rep Moran, James P. [VA-8] - 9/24/2009
    Rep Nadler, Jerrold [NY-8] - 6/23/2009
    Rep Napolitano, Grace F. [CA-38] - 7/28/2009
    Rep Neal, Richard E. [MA-2] - 7/14/2009
    Rep Norton, Eleanor Holmes [DC] - 3/3/2010
    Rep Nunes, Devin [CA-21] - 3/26/2009
    Rep Olver, John W. [MA-1] - 5/7/2009
    Rep Ortiz, Solomon P. [TX-27] - 4/21/2009
    Rep Pallone, Frank, Jr. [NJ-6] - 9/29/2010
    Rep Pascrell, Bill, Jr. [NJ-8] - 4/14/2010
    Rep Pastor, Ed [AZ-4] - 4/27/2009
    Rep Payne, Donald M. [NJ-10] - 11/15/2010
    Rep Perlmutter, Ed [CO-7] - 9/28/2010
    Rep Pierluisi, Pedro R. [PR] - 6/10/2010
    Rep Pingree, Chellie [ME-1] - 7/29/2010
    Rep Polis, Jared [CO-2] - 3/26/2009
    Rep Price, David E. [NC-4] - 7/9/2009
    Rep Quigley, Mike [IL-5] - 4/30/2009
    Rep Rangel, Charles B. [NY-15] - 7/9/2009
    Rep Reyes, Silvestre [TX-16] - 4/23/2009
    Rep Richardson, Laura [CA-37] - 4/14/2010
    Rep Rodriguez, Ciro D. [TX-23] - 6/10/2009
    Rep Ros-Lehtinen, Ileana [FL-18] - 3/26/2009
    Rep Rothman, Steven R. [NJ-9] - 5/20/2009
    Rep Roybal-Allard, Lucille [CA-34] - 3/26/2009
    Rep Rush, Bobby L. [IL-1] - 10/20/2009
    Rep Sablan, Gregorio Kilili Camacho [MP] - 6/16/2010
    Rep Sanchez, Linda T. [CA-39] - 3/31/2009
    Rep Sanchez, Loretta [CA-47] - 5/25/2010
    Rep Sarbanes, John P. [MD-3] - 7/15/2009
    Rep Schakowsky, Janice D. [IL-9] - 4/21/2009
    Rep Schiff, Adam B. [CA-29] - 6/9/2009
    Rep Serrano, Jose E. [NY-16] - 4/21/2009
    Rep Sestak, Joe [PA-7] - 10/28/2009
    Rep Sires, Albio [NJ-13] - 4/29/2010
    Rep Smith, Adam [WA-9] - 6/23/2009
    Rep Snyder, Vic [AR-2] - 10/8/2009
    Rep Speier, Jackie [CA-12] - 9/28/2010
    Rep Stark, Fortney Pete [CA-13] - 4/22/2009
    Rep Thompson, Bennie G. [MS-2] - 2/24/2010
    Rep Thompson, Mike [CA-1] - 7/29/2010
    Rep Tierney, John F. [MA-6] - 7/9/2009
    Rep Tonko, Paul D. [NY-21] - 9/8/2009
    Rep Towns, Edolphus [NY-10] - 5/19/2009
    Rep Tsongas, Niki [MA-5] - 7/28/2009
    Rep Wasserman Schultz, Debbie [FL-20] - 4/21/2009
    Rep Waters, Maxine [CA-35] - 6/23/2009
    Rep Watson, Diane E. [CA-33] - 5/7/2009
    Rep Watt, Melvin L. [NC-12] - 9/15/2009
    Rep Waxman, Henry A. [CA-30] - 5/14/2009
    Rep Weiner, Anthony D. [NY-9] - 4/21/2009
    Rep Woolsey, Lynn C. [CA-6] - 4/22/2009
    Rep Wu, David [OR-1] - 4/22/2009

    HR 1751 IH

    111th CONGRESS

    1st Session

    H. R. 1751

    To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine State residency for higher education purposes and 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.

    IN THE HOUSE OF REPRESENTATIVES

    March 26, 2009

    Mr. BERMAN (for himself, Ms. ROYBAL-ALLARD, Mr. LINCOLN DIAZ-BALART of Florida, Ms. ZOE LOFGREN of California, Mr. NUNES, Mr. POLIS of Colorado, Mr. CAO, Ms. ROS-LEHTINEN, Mr. CONYERS, and Mr. MARIO DIAZ-BALART of Florida) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education and Labor, 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 amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine State residency for higher education purposes and 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.

    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 `American Dream Act'.

    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) UNIFORMED SERVICES- The term `uniformed services' has the meaning given that term in section 101(a) of title 10, United States Code.

    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.

    END
    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
    Senior Member realbsball's Avatar
    Join Date
    Jun 2007
    Location
    LA War Zone, CA
    Posts
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    TALKING POINTS:

    1) DREAM Act Offers Amnesty to 2.1 Million and exponentially much more:

    WASHINGTON (October 23, 2007) — The Senate is currently considering the DREAM Act (S.2205). Some have argued that only 60,000 illegal immigrants would be granted amnesty annually under the Act, but a new analysis by the Center for Immigration Studies of 2007 Census Bureau data shows millions of potential beneficiaries.

    An estimated 800New Estimate Shows Another 1.4 Million Family Members Could Also Stay
    ,000 illegal immigrants under age 17 have been here long enough to qualify for legalization under the DREAM Act. There are a total of 1.7 million illegal aliens estimated to be under age 18.

    • There are an estimated 900,000 parents of illegal aliens under age 18 who qualify. It is unclear whether the government would deport these parents.

    • The DREAM Act is also unclear as to what will happen to the siblings of legalized illegals who are themselves illegal, but do not meet the Act’s requirements. There are an estimated 500,000 such children.

    • The DREAM Act also allows illegal aliens ages 18 to 29 to legalize if they claim to have arrived prior to age 16. We estimate 1.3 million meet this requirement. There are a total of 4.4 million illegal aliens in this age group.

    • Thus the total number of potential amnesty beneficiaries is 2.1 million (assuming no fraud). This does not include 1.4 million siblings and parents of qualifying illegals who may end up receiving a de facto amnesty.

    • Prior legalization programs have been plagued by fraud. One-fourth (700,000) of those legalized in the 1986 amnesty are estimated to have done so fraudulently.

    • Given the difficulty in determining whether an applicant meets the DREAM Act’s amnesty requirements, coupled with the overworked nature of the immigration bureaucracy, fraud could be a significant problem.

  3. #3
    Senior Member realbsball's Avatar
    Join Date
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    TALKING POINTS 2:

    College tuition has skyrocketed in recent years. Many Americans cannot afford college or have taken out student loans. Should the United States neglect its own citizens and subsidize the education of students who are here illegally? Proponents of the DREAM Act argue that parents of illegal students have paid taxes and that the United States should invest in them. The hard truth is that most illegal workers, due to their low-incomes, do not pay enough taxes to offset the cost of educating their children in American public grade schools. This cost can exceed $9,500 per child per year if the student receives the so-called bilingual education, not to mention the costs of other social services.

    Furthermore, rewarding illegal foreign nationals can only lead to higher illegal immigration. The misnamed “Immigration Reform and Control Act

  4. #4
    Senior Member realbsball's Avatar
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    TALKING POINTS 3:

    The DREAM Act abandons any pretense of “temporary status

  5. #5
    Senior Member vmonkey56's Avatar
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    What if all Americans not go to college in the fall? To send these colleges and our Federal and State Governments a message.

    Governments of America, you have damaged America Students by permitting undocumented illegal students to be counted in class ranking. Class ranking is used by colleges to permit entry into some college.

    I cannot believe American Students have not sued the government.
    Politics of Illegal Immigration - Census, E-Verify, and I9s: http://tinyurl.com/3ru8w5

  6. #6
    debibob's Avatar
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    illegal aliens and fraudulent use of American's SSN numbers

    I am new to this site. I wanted to share our horror story of 2 male illegal Hispanics who have been working and obtaining credit with my husband, Robert's SSN for over 10 years. They have their own credit reports, bought homes, vehicles, obtained credit cards, driver's license, cell phones, medical bills, utility bills, and insurence all with their names but Robert's SSN. I obtained IRS earnings statements from 1999 to 2006 that showed their names, addresses, employers, inclome, and interest payments to their mortgage lenders. The IRS records stated for each year that they were using "invalid" SSN numbers. The IRS then will notify you that you owe taxes on all this "under-reported" income or you will get a call from a collections trying to collect a debt that was "just" obtained with YOUR SSN. The IRS and SSA claim that they cannot notify you when someone is working illegally with your SSN because of Federal Laws to protect the privacy of these criminals. Both these Federal agencies on their web-sites instruct employers that they cannot terminate or take any adverse action against any employee that fails to EVER fails to give the employer an valid SSN. So the employer puts YOUR SSN on their W2. Then they take their W2 with YOUR SSN to obtain credit and loans. Then the creditor reports to the 3 major credit bureaus their name and YOUR SSN, then these criminals have their own credit reports with YOUR SSN. None of their debt shows up on your credit report but good luck trying to get credit or open accounts with the creditors or banks that have already have accounts with these crooks using YOUR SSN. Now that our government also wants to give illegal aliens students loans for college, just what SSN number are their parents or the students working with? YOURS!

  7. #7
    Senior Member vmonkey56's Avatar
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    debibob Welcome, welcome.
    So the employer puts YOUR SSN on their W2.
    Crooked Employers are everywhere

    And do you realize that the Employment Security Offices (unemployment) in m states are send immigrants into the workplace without even E-Verifying them. So the employers are not filling out the I-9's, they are not responsible for the hiring for the state is doing the hiring.

    The ESO only have to E-Verify Migrate Farm Workers, ONLY!
    Politics of Illegal Immigration - Census, E-Verify, and I9s: http://tinyurl.com/3ru8w5

  8. #8
    Senior Member Dixie's Avatar
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    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.

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