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...Subtitle B—DREAM Act of 2007...


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...SEC. 623. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES OF HIGHER EDU-
CATION BENEFITS.
(a) IN GENERAL.—Section 505 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1623) is repealed...

SEC. 624. CANCELLATION OF REMOVAL AND ADJUSTMENT
OF STATUS OF CERTAIN LONG-TERM RESI-
DENTS WHO ENTERED THE UNITED STATES
AS CHILDREN.
(a) SPECIAL RULE FOR CERTAIN LONG-TERM RESI-
DENTS WHO ENTERED THE UNITED STATES AS CHIL-
DREN.
(1) IN GENERAL.—Notwithstanding any other
provision of law and except as otherwise provided in


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this subtitle, the Secretary may cancel removal of,
and adjust to the status of an alien lawfully admit-
ted for permanent residence, subject to the condi-
tional basis described in section 625, 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 ini-
tial 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 para-
graph (2), (3), (6)(E), or (10)(C) of sec-
tion 212(a) of the Immigration and Na-
tionality 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));
(D) the alien, at the time of application,
has been admitted to an institution of higher


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education in the United States, or has earned
a high school diploma or obtained a general
education development certificate in the United
States; and
(E) the alien has never been under a final
administrative or judicial order of exclusion, de-
portation, 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.
(2) WAIVER.—Notwithstanding paragraph (1),
the Secretary may waive the ground of ineligibility
under section 212(a)(6)(E) of the Immigration and
Nationality Act and the ground of deportability
under paragraph (1)(E) 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 individ-
uals to apply affirmatively for the relief available
under this subsection without being placed in re-
moval proceedings.


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...(c) TREATMENT OF CERTAIN BREAKS IN PRES-
ENCE.—
(1) IN GENERAL.—An alien shall be considered
to have failed to maintain continuous physical pres-
ence 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 CIR-
CUMSTANCES.—The Secretary may extend the time
periods described in paragraph (1) if the alien dem-
onstrates 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.


527

...b) STAY OF REMOVAL OF CERTAIN ALIENS EN-
ROLLED IN PRIMARY OR SECONDARY SCHOOL.—The At-
torney General shall stay the removal proceedings of any
alien who—
(1) meets all the requirements of subpara-
graphs (A), (B), (C), and (E) of section 624(a)(1);
(2) is at least 12 years of age; and
(3) is enrolled full time in a primary or sec-
ondary school...