[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1589 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 1589
To authorize the cancellation of removal and adjustment of status of
certain aliens, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 26, 2025
Ms. Garcia of Texas (for herself, Ms. Velazquez, Ms. Clarke of New
York, Ms. Salazar, Ms. Lofgren, Ms. Jayapal, Mrs. Ramirez, Mr. Correa,
Ms. Chu, Mr. Jeffries, Ms. Clark of Massachusetts, Mr. Aguilar, Mr.
Lieu, Mr. Neguse, Ms. DelBene, Mr. Raskin, Ms. DeLauro, Mr. Thompson of
Mississippi, Mr. Scott of Virginia, Ms. Waters, Mr. Pallone, Mr. Neal,
Mr. Smith of Washington, Ms. Craig, Mr. Meeks, Mr. Takano, Mr. Larsen
of Washington, Mr. Huffman, Mr. Himes, Mr. Morelle, Mr. McGovern, Mr.
Connolly, Mr. Espaillat, Mr. Casar, Ms. Meng, Ms. Leger Fernandez, Mr.
Figures, Ms. Sewell, Ms. Ansari, Mr. Stanton, Mr. Grijalva, Mr.
Thompson of California, Mr. Bera, Ms. Matsui, Mr. Garamendi, Mr. Harder
of California, Mr. DeSaulnier, Ms. Pelosi, Ms. Simon, Mr. Gray, Mr.
Swalwell, Mr. Mullin, Mr. Liccardo, Mr. Khanna, Mr. Panetta, Mr. Costa,
Mr. Carbajal, Ms. Brownley, Mr. Whitesides, Ms. Rivas, Mr. Cisneros,
Mr. Ruiz, Ms. Friedman, Mr. Sherman, Mr. Gomez, Mrs. Torres of
California, Ms. Sanchez, Mr. Garcia of California, Ms. Barragan, Mr.
Tran, Mr. Levin, Mr. Peters, Ms. Jacobs, Mr. Vargas, Ms. DeGette, Mr.
Crow, Ms. Pettersen, Mr. Larson of Connecticut, Mr. Courtney, Mrs.
Hayes, Ms. Norton, Ms. McBride, Mr. Soto, Mr. Frost, Ms. Castor of
Florida, Mrs. Cherfilus-McCormick, Ms. Wilson of Florida, Ms. Wasserman
Schultz, Mr. Bishop, Mr. Johnson of Georgia, Ms. Williams of Georgia,
Mrs. McBath, Mr. David Scott of Georgia, Ms. Tokuda, Ms. Davids of
Kansas, Mr. Jackson of Illinois, Ms. Kelly of Illinois, Mr. Garcia of
Illinois, Mr. Quigley, Mr. Casten, Mr. Davis of Illinois, Mr.
Krishnamoorthi, Ms. Schakowsky, Mr. Schneider, Mr. Foster, Ms.
Budzinski, Ms. Underwood, Mr. Sorensen, Mr. Mrvan, Mr. Carson, Mr.
McGarvey, Mr. Carter of Louisiana, Mrs. Trahan, Mr. Moulton, Ms.
Pressley, Mr. Keating, Mr. Olszewski, Ms. Elfreth, Mr. Ivey, Mr. Hoyer,
Mrs. McClain Delaney, Mr. Mfume, Ms. Pingree, Ms. Scholten, Mrs.
Dingell, Ms. McDonald Rivet, Ms. Stevens, Ms. Tlaib, Mr. Thanedar, Ms.
Morrison, Ms. McCollum, Ms. Omar, Mr. Bell, Mr. Cleaver, Ms. Ross, Mrs.
Foushee, Ms. Adams, Mr. Conaway, Mr. Gottheimer, Mr. Menendez, Ms. Pou,
Mrs. McIver, Ms. Sherrill, Mrs. Watson Coleman, Ms. Stansbury, Mr.
Vasquez, Ms. Titus, Mr. Horsford, Mr. Suozzi, Mr. Goldman of New York,
Mr. Nadler, Ms. Ocasio-Cortez, Mr. Torres of New York, Mr. Latimer, Mr.
Tonko, Mrs. Beatty, Ms. Brown, Ms. Bonamici, Ms. Dexter, Ms. Hoyle of
Oregon, Ms. Bynum, Ms. Salinas, Mr. Boyle of Pennsylvania, Mr. Evans of
Pennsylvania, Ms. Dean of Pennsylvania, Ms. Scanlon, Ms. Houlahan, Ms.
Lee of Pennsylvania, Mr. Deluzio, Mr. Hernandez, Mr. Amo, Mr.
Magaziner, Mr. Clyburn, Mr. Cohen, Mrs. Fletcher, Mr. Green of Texas,
Ms. Escobar, Mr. Turner of Texas, Mr. Castro of Texas, Mr. Cuellar, Ms.
Crockett, Ms. Johnson of Texas, Mr. Veasey, Mr. Doggett, Ms. McClellan,
Mr. Vindman, Mr. Beyer, Mr. Subramanyam, Ms. Plaskett, Ms. Balint, Ms.
Randall, Ms. Schrier, Ms. Strickland, Mr. Pocan, Ms. Moore of
Wisconsin, Mr. Auchincloss, Mr. Min, Mr. Norcross, Ms. Lois Frankel of
Florida, and Mr. Ryan) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committee on Education and Workforce, 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 authorize the cancellation of removal and adjustment of status of
certain aliens, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American Dream and
Promise Act of 2025''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--DREAM ACT OF 2025
Sec. 101. Short title.
Sec. 102. Permanent resident status on a conditional basis for certain
long-term residents who entered the United
States as children.
Sec. 103. Terms of permanent resident status on a conditional basis.
Sec. 104. Removal of conditional basis of permanent resident status.
Sec. 105. Restoration of State option to determine residency for
purposes of higher education benefits.
TITLE II--AMERICAN PROMISE ACT OF 2025
Sec. 201. Short title.
Sec. 202. Adjustment of status for certain nationals of certain
countries designated for temporary
protected status or deferred enforced
departure.
Sec. 203. Clarification.
TITLE III--GENERAL PROVISIONS
Sec. 301. Definitions.
Sec. 302. Submission of biometric and biographic data; background
checks.
Sec. 303. Limitation on removal; application and fee exemption; and
other conditions on eligible individuals.
Sec. 304. Determination of continuous presence and residence.
Sec. 305. Exemption from numerical limitations.
Sec. 306. Availability of administrative and judicial review.
Sec. 307. Documentation requirements.
Sec. 308. Rulemaking.
Sec. 309. Confidentiality of information.
Sec. 310. Grant program to assist eligible applicants.
Sec. 311. Provisions affecting eligibility for adjustment of status.
Sec. 312. Supplementary surcharge for appointed counsel.
Sec. 313. Annual report on provisional denial authority.
TITLE I--DREAM ACT OF 2025
SEC. 101. SHORT TITLE.
This title may be cited as the ``Dream Act of 2025''.
SEC. 102. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS FOR CERTAIN
LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS
CHILDREN.
(a) Conditional Basis for Status.--Notwithstanding any other
provision of law, and except as provided in section 104(c)(2), an alien
shall be considered, at the time of obtaining the status of an alien
lawfully admitted for permanent residence under this section, to have
obtained such status on a conditional basis subject to the provisions
of this title.
(b) Requirements.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary or the Attorney General shall adjust to the
status of an alien lawfully admitted for permanent residence on
a conditional basis, or without the conditional basis as
provided in section 104(c)(2), an alien who is inadmissible or
deportable from the United States, is subject to a grant of
Deferred Enforced Departure, has temporary protected status
under section 244 of the Immigration and Nationality Act (8
U.S.C. 1254a), or is the son or daughter of an alien admitted
as a nonimmigrant under subparagraph (E)(i), (E)(ii),
(H)(i)(b), or (L) of section 101(a)(15) of such Act (8 U.S.C.
1101(a)(15)) if--
(A) the alien has been continuously physically
present in the United States since January 1, 2021;
(B) the alien was 18 years of age or younger on the
date on which the alien entered the United States and
has continuously resided in the United States since
such entry;
(C) the alien--
(i) subject to paragraph (2), is not
inadmissible under paragraph (1), (6)(E),
(6)(G), (8), or (10) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C.
1182(a));
(ii) 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
(iii) is not barred from adjustment of
status under this title based on the criminal
and national security grounds described under
subsection (c), subject to the provisions of
such subsection; and
(D) the alien--
(i) has been admitted to an institution of
higher education;
(ii) has been admitted to an area career
and technical education school at the
postsecondary level;
(iii) in the United States, has obtained--
(I) a high school diploma or a
commensurate alternative award from a
public or private high school;
(II) a General Education
Development credential, a high school
equivalency diploma recognized under
State law, or another similar State-
authorized credential;
(III) a credential or certificate
from an area career and technical
education school at the secondary
level; or
(IV) a recognized postsecondary
credential; or
(iv) is enrolled in secondary school or in
an education program assisting students in--
(I) obtaining a high school diploma
or its recognized equivalent under
State law;
(II) passing the General Education
Development test, a high school
equivalence diploma examination, or
other similar State-authorized exam;
(III) obtaining a certificate or
credential from an area career and
technical education school providing
education at the secondary level; or
(IV) obtaining a recognized
postsecondary credential.
(2) Waiver of grounds of inadmissibility.--With respect to
any benefit under this title, and in addition to the waivers
under subsection (c)(2), the Secretary may waive the grounds of
inadmissibility under paragraph (1), (6)(E), (6)(G), or (10)(D)
of section 212(a) of the Immigration and Nationality Act (8
U.S.C. 1182(a)) for humanitarian purposes, for family unity, or
because the waiver is otherwise in the public interest.
(3) Application fee.--
(A) In general.--The Secretary may, subject to an
exemption under section 303(c), require an alien
applying under this section to pay a reasonable fee
that is commensurate with the cost of processing the
application but does not exceed $495.00.
(B) Special procedures for applicants with daca.--
The Secretary shall establish a streamlined procedure
for aliens who have been granted DACA and who meet the
requirements for renewal (under the terms of the
program in effect on January 1, 2017) to apply for
adjustment of status to that of an alien lawfully
admitted for permanent residence on a conditional basis
under this section, or without the conditional basis as
provided in section 104(c)(2). Such procedure shall not
include a requirement that the applicant pay a fee,
except that the Secretary may require an applicant who
meets the requirements for lawful permanent residence
without the conditional basis under section 104(c)(2)
to pay a fee that is commensurate with the cost of
processing the application, subject to the exemption
under section 303(c).
(4) Background checks.--The Secretary may not grant an
alien permanent resident status on a conditional basis under
this section until the requirements of section 302 are
satisfied.
(5) Military selective service.--An alien applying for
permanent resident status on a conditional basis under this
section, or without the conditional basis as provided in
section 104(c)(2), shall establish that the alien has
registered under the Military Selective Service Act (50 U.S.C.
3801 et seq.), if the alien is subject to registration under
such Act.
(c) Criminal and National Security Bars.--
(1) Grounds of ineligibility.--Except as provided in
paragraph (2), an alien is ineligible for adjustment of status
under this title (whether on a conditional basis or without the
conditional basis as provided in section 104(c)(2)) if any of
the following apply:
(A) The alien is inadmissible under paragraph (2)
or (3) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)).
(B) Excluding any offense under State law for which
an essential element is the alien's immigration status,
and any minor traffic offense, the alien has been
convicted of--
(i) any felony offense;
(ii) three or more misdemeanor offenses
(excluding simple possession of cannabis or
cannabis-related paraphernalia, any offense
involving cannabis or cannabis-related
paraphernalia which is no longer prosecutable
in the State in which the conviction was
entered, and any offense involving civil
disobedience without violence) not occurring on
the same date, and not arising out of the same
act, omission, or scheme of misconduct; or
(iii) a misdemeanor offense of domestic
violence, unless the alien demonstrates that
such crime is related to the alien having
been--
(I) a victim of domestic violence,
sexual assault, stalking, child abuse
or neglect, abuse or neglect in later
life, or human trafficking;
(II) battered or subjected to
extreme cruelty; or
(III) a victim of criminal activity
described in section 101(a)(15)(U)(iii)
of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(U)(iii)).
(2) Waivers for certain misdemeanors.--For humanitarian
purposes, family unity, or if otherwise in the public interest,
the Secretary may--
(A) waive the grounds of inadmissibility under
subparagraphs (A), (C), and (D) of section 212(a)(2) of
the Immigration and Nationality Act (8 U.S.C.
1182(a)(2)), unless the conviction forming the basis
for inadmissibility would otherwise render the alien
ineligible under paragraph (1)(B) (subject to
subparagraph (B)); and
(B) for purposes of clauses (ii) and (iii) of
paragraph (1)(B), waive consideration of--
(i) one misdemeanor offense if the alien
has not been convicted of any offense in the 5-
year period preceding the date on which the
alien applies for adjustment of status under
this title; or
(ii) up to two misdemeanor offenses if the
alien has not been convicted of any offense in
the 10-year period preceding the date on which
the alien applies for adjustment of status
under this title.
(3) Authority to conduct secondary review.--
(A) In general.--Notwithstanding an alien's
eligibility for adjustment of status under this title,
and subject to the procedures described in this
paragraph, the Secretary may, as a matter of non-
delegable discretion, provisionally deny an application
for adjustment of status (whether on a conditional
basis or without the conditional basis as provided in
section 104(c)(2)) if the Secretary, based on clear and
convincing evidence, which shall include credible law
enforcement information, determines that the alien is
described in subparagraph (B) or (D).
(B) Public safety.--An alien is described in this
subparagraph if--
(i) excluding simple possession of cannabis
or cannabis-related paraphernalia, any offense
involving cannabis or cannabis-related
paraphernalia which is no longer prosecutable
in the State in which the conviction was
entered, any offense under State law for which
an essential element is the alien's immigration
status, any offense involving civil
disobedience without violence, and any minor
traffic offense, the alien--
(I) has been convicted of a
misdemeanor offense punishable by a
term of imprisonment of more than 30
days; or
(II) has been adjudicated
delinquent in a State or local juvenile
court proceeding that resulted in a
dispositi