Vote Smart's Synopsis:

Vote to pass a bill that repeals removal proceedings against certain undocumented immigrants who entered the United States as minors and authorizes conditions permanent resident status for 10 years.

Highlights:

• Requires the Secretary of Homeland Security or the Attorney General to cancel the removal of and adjust the status of an undocumented immigrant lawfully admitted for permanent residence on a conditional basis, or an undocumented who is inadmissible or deportable from the United States, if they meet the following requirements (Sec. 111):

• The undocumented immigrant has been continuously physically present in the US for at least 4 years before the enactment of this bill;

• The undocumented immigrant was younger than 18 years old on the date they entered the US and has continuously resided in the US after such entry; 

• The undocumented immigrant:

• Is not admissible under the Immigration and Nationality Act;

• Has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, or membership in a particular group or political opinion; and 

• Is not barred from adjustment of status based on criminal and national security grounds.

• The undocumented immigrant: 

• Has been admitted to an institute of higher education;

• Has been admitted to an area career and technical education school at the postsecondary level; 

• In the United States, has obtained a high school diploma, a General Education credential, a credential or certificate from an area career and technical education school at the secondary level, or a recognized postsecondary credential;

• Has enrolled in a secondary school or in an education program assisting students in: 

• Obtaining a high school diploma or its recognized equivalent under state law;

• Passing the General Education Development test, a high school equivalence diploma examination, or other similar state-authorized exam;

• Obtaining a certificate or credential from an area career and technical education school providing education at the secondary level; or 

• Obtaining a recognized postsecondary credential. 

• Requires the Secretary to establish a streamlined procedure for undocumented immigrants who have been granted Deferred Access for Childhood Arrivals (DACA) and who meet the following requirements for renewal, to apply for cancellation of removal and adjustment of status to that of a lawful permanent resident, on a conditional basis (Sec. 111).

• Specifies that such an application procedure shall not include a requirement that the applicant pay a fee, greater than one that equals the cost of processing the application or $495 (Sec. 111). 

• Specifies that undocumented immigrants are ineligible for adjustment of status under this bill if, excluding minor traffic offenses, the undocumented immigrant has been convicted of (Sec. 111):

• Any felony offense;

• Three or more misdemeanor offenses (excluding simple marijuana related offenses in a state that has since decriminalized marijuana 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 

• A misdemeanor offense of domestic violence, unless the undocumented immigrant demonstrates that such crime is related to them having been a victim of domestic violence, sexual assault, stalking, child abuse, neglect, human trafficking, battering, or extreme cruelty. 

• Requires the Secretary of Homeland Security or the Attorney General to cancel the removal and adjust the status of an undocumented immigrant under Temporary Protected Status (TPS) or Deferred Enforced Departure (DED), and who is lawfully admitted for permanent residence, if the undocumented immigrant (Sec. 211):

• Applies for such an adjustment no less than 3 years after the enactment of this bill;

• Has been continuously physically present in the US for no less than 3 years before the date of this bill’s enactment; and

• Is not admissible under the Immigration and Nationality Act. 

• Authorizes the Secretary to remove the conditional basis of an undocumented immigrant’s permanent residence status and grant the undocumented immigrant permanent residence if they meet at least one of the following requirements (Sec. 113):

• Has not abandoned the their residence in the US during the period in which the undocumented immigrant has permanent resident status on a conditional basis; 

• Has served in the Uniformed Services for at least 2 years and, if discharged, receives an honorable discharge; or 

• Demonstrates earned income for periods totalling at least 3 years and at least 75 percent of the time has had valid employment authorization, except in the case that they were enrolled in an institution of higher education in order to obtain a recognized postsecondary credential.  

• Authorizes the Secretary to not grant an undocumented immigrant adjustment of status unless they submit biometric and biographical data in order for the Secretary to use this data to conduct security and law enforcement background checks, and to determine whether there is any criminal, national security, or other factor that would render the undocumented immigrant ineligible for adjustment of status (Sec. 122).

Full Bill Text

Full Bill Text