[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3348 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3348
To authorize the cancellation of removal and adjustment of status of
certain individuals who are long-term United States residents and who
entered the United States as children, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 4, 2025
Mr. Durbin (for himself and Ms. Murkowski) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To authorize the cancellation of removal and adjustment of status of
certain individuals 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 ``Dream Act of 2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) In general.--Except as otherwise specifically provided,
any term used in this Act that is used in the immigration laws
shall have the meaning given such term in the immigration laws.
(2) Applicable federal tax liability.--The term
``applicable Federal tax liability'' means liability for
Federal taxes imposed under the Internal Revenue Code of 1986,
including any penalties and interest on Federal taxes imposed
under that Code.
(3) Armed forces.--The term ``Armed Forces'' has the
meaning given the term ``armed forces'' in section 101 of title
10, United States Code.
(4) DACA.--The term ``DACA'' means deferred action granted
to an alien pursuant to the Deferred Action for Childhood
Arrivals program announced by President Obama on June 15, 2012.
(5) Disability.--The term ``disability'' has the meaning
given such term in section 3(1) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102(1)).
(6) Early childhood education program.--The term ``early
childhood education program'' has the meaning given such term
in section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003).
(7) Elementary school; high school; secondary school.--The
terms ``elementary school'', ``high school'', and ``secondary
school'' have the meanings given such terms in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(8) 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)).
(9) Institution of higher education.--The term
``institution of higher education''--
(A) except as provided in subparagraph (B), has the
meaning given such term in section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002); and
(B) does not include an institution of higher
education outside of the United States.
(10) Permanent resident status on a conditional basis.--The
term ``permanent resident status on a conditional basis'' means
status as an alien lawfully admitted for permanent residence on
a conditional basis under this Act.
(11) Poverty line.--The term ``poverty line'' has the
meaning given such term in section 673 of the Community
Services Block Grant Act (42 U.S.C. 9902).
(12) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Homeland
Security.
(13) Uniformed services.--The term ``Uniformed Services''
has the meaning given the term ``uniformed services'' in
section 101(a) of title 10, United States Code.
SEC. 3. 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, 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 under this Act.
(b) Requirements.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary shall cancel the removal of, and adjust to
the status of an alien lawfully admitted for permanent
residence on a conditional basis, an alien who is inadmissible
or deportable from the United States, is in 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 described in 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 the date that is 4
years before the date of the enactment of this Act;
(B) the alien was younger than 18 years of age on
the date on which the alien initially entered the
United States;
(C) subject to paragraphs (2) and (3), the alien--
(i) is not inadmissible under paragraph
(2), (3), (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) 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) has not been convicted of--
(I) any offense under Federal or
State law, other than a State offense
for which an essential element is the
alien's immigration status, that is
punishable by a maximum term of
imprisonment of more than 1 year; or
(II) 3 or more offenses under
Federal or State law, other than State
offenses for which an essential element
is the alien's immigration status, for
which the alien was convicted on
different dates for each of the 3
offenses and imprisoned for an
aggregate of 90 days or more;
(D) the alien--
(i) has been admitted to an institution of
higher education;
(ii) has earned a high school diploma or a
commensurate alternative award from a public or
private high school, or has obtained a general
education development certificate recognized
under State law or a high school equivalency
diploma in the United States;
(iii) is enrolled in secondary school or in
an education program assisting students in--
(I) obtaining a regular high school
diploma or its recognized equivalent
under State law; or
(II) in passing a general
educational development exam, a high
school equivalence diploma examination,
or other similar State-authorized exam;
or
(iv)(I) has served, is serving, or has
enlisted in the Armed Forces; or
(II) in the case of an alien who has been
discharged from the Armed Forces, has received
an honorable discharge; and
(E) the alien has sworn under penalty of perjury
that the alien--
(i) has no unpaid applicable Federal tax
liability, which is assessed and is not being
disputed;
(ii) has entered into an agreement to
resolve any such assessed and undisputed
Federal tax liability (via an installment
agreement, an offer in compromise, or
otherwise) which has been approved by the
Commissioner of Internal Revenue; or
(iii) has applied in good faith to enter
into an agreement to resolve any such assessed
and undisputed Federal tax liability, which has
not been rejected by the Commissioner of
Internal Revenue.
(2) Waiver.--With respect to any benefit under this Act,
the Secretary may waive the grounds of inadmissibility under
paragraph (2), (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 or family unity or if the waiver is
otherwise in the public interest.
(3) Treatment of expunged convictions.--An expunged
conviction shall not automatically be treated as an offense
under paragraph (1). The Secretary shall evaluate expunged
convictions on a case-by-case basis according to the nature and
severity of the offense to determine whether, under the
particular circumstances, the Secretary determines that the
alien should be eligible for cancellation of removal,
adjustment to permanent resident status on a conditional basis,
or other adjustment of status.
(4) DACA recipients.--The Secretary shall cancel the
removal of, and adjust to the status of an alien lawfully
admitted for permanent residence on a conditional basis, an
alien who was granted DACA unless the alien has engaged in
conduct since the alien was granted DACA that would make the
alien ineligible for DACA.
(5) Application fee.--
(A) In general.--The Secretary may require an alien
applying for permanent resident status on a conditional
basis under this section to pay a reasonable fee that
is commensurate with the cost of processing the
application.
(B) Exemption.--An applicant may be exempted from
paying the fee required under subparagraph (A) if the
alien--
(i)(I) is younger than 18 years of age;
(II) received total income, during the 12-
month period immediately preceding the date on
which the alien files an application under this
section, that is less than 150 percent of the
poverty line; and
(III) is in foster care or otherwise
lacking any parental or other familial support;
(ii) is younger than 18 years of age and is
homeless;
(iii)(I) cannot care for himself or herself
because of a serious, chronic disability; and
(II) received total income, during the 12-
month period immediately preceding the date on
which the alien files an application under this
section, that is less than 150 percent of the
poverty line; or
(iv)(I) during the 12-month period
immediately preceding the date on which the
alien files an application under this section,
accumulated $10,000 or more in debt as a result
of unreimbursed medical expenses incurred by
the alien or an immediate family member of the
alien; and
(II) received total income, during the 12-
month period immediately preceding the date on
which the alien files an application under this
section, that is less than 150 percent of the
poverty line.
(6) Submission of biometric and biographic data.--The
Secretary may not grant an alien permanent resident status on a
conditional basis under this section unless the alien submits
biometric and biographic data, in accordance with procedures
established by the Secretary. The Secretary shall provide an
alternative procedure for aliens 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 shall utilize biometric, biographic, and
other data that the Secretary determines appropriate--
(i) to conduct security and law enforcement
background checks of an alien seeking permanent
resident status on a conditional basis under
this section; and
(ii) to determine whether there is any
criminal, national security, or other factor
that would render the alien ineligible for such
status.
(B) Completion of background checks.--The security
and law enforcement background checks of an alien
required under subparagraph (A) shall be completed, to
the satisfaction of the Secretary, before the date on
which the Secretary grants such alien permanent
resident status on a conditional basis under this
section.
(8) Medical examination.--
(A) Requirement.--An alien applying for permanent
resident status on a conditional basis under this
section shall undergo a medical examination.
(B) Policies and procedures.--The Secretary, with
the concurrence of the Secretary of Health and Human
Services, shall prescribe policies and procedures for
the nature and timing of the examination required under
subparagraph (A).
(9) Military selective service.--An alien applying for
permanent resident status on a conditional basis under this
section 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) Determination of Continuous Presence.--
(1) Termination of continuous period.--Any period of
continuous physical presence in the United States of an alien
who applies for permanent resident status on a conditional
basis 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)).
(2) Treatment of certain breaks in presence.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), an alien shall be considered
to have failed to maintain continuous physical presence
in the United States under subsection (b)(1)(A) if the
alien has departed from the United States for any
period exceeding 90 days or for any periods, in the
aggregate, exceeding 180 days.
(B) Extensions for extenuating circumstances.--The
Secretary may extend the time periods described in
subparagraph (A) for an alien who demonstrates that the
failure to timely return to the United States was due
to extenuating circumstances beyond the alien's
control, including the serious illness of the alien, or
death or serious illness of a parent, grandparent,
sibling, or child of the alien.
(C) Travel authorized by the secretary.--Any period
of travel outside of the United States by an alien that
was authorized by the Secretary may not be counted
toward any period of departure from the United States
under subparagraph (A).
(d) Limitation on Removal of Certain Aliens.--
(1) In general.--The Secretary or the Attorney General may
not remove an alien who appears prima facie eligible for relief
under this section.
(2) Aliens subject to removal.--The Secretary shall provide
a reasonable opportunity to apply for relief under this section
to any alien who requests such an opportunity or who appears
prima facie eligible for relief under this section if the alien
is in removal proceedings, is the subject of a final removal
order, or is the subject of a voluntary departure order.
(3) Certain aliens enrolled in elementary or secondary
school.--
(A) Stay of removal.--The Attorney General shall
stay the removal proceedings of an alien who--
(i) meets all the requirements under
subparagraphs (A), (B), and (C) of subsection
(b)(1), subject to paragraphs (2) and (3) of
such subsection;
(ii) is at least 5 years of age; and
(iii) is enrolled in an elementary school,
a secondary school, or an early childhood
education program.
(B) Commencement of removal proceedings.--The
Secretary may not commence removal proceedings for an
alien described in subparagraph (A).
(C) Employment.--An alien whose removal is stayed
purs