The Latest Iteration Of The DREAM Act, Foisted On Us In The Middle Of The Night

From Michelle Malkin:

Document drop: S. 3992, the Dems’ latest Illegal Alien DREAM Act bill


By Michelle Malkin • December 1, 2010 01:26 PM I told you this morning that the Dems were cooking up a new version of the DREAM Act to lure squishy Republicans and fence-sitting Democrats.



Here it is in full. Note: There are now four versions of the bill on the legislative calendar. None have been reviewed in the Senate Judiciary Committee. Once again, the Dems are rushing to cram ill-conceived entitlements down Americans’ throats and subverting the deliberative process.



In this version, they’ve extended the conditional residency period from six to ten years to make the amnesty look more palatable (see Section 5). They also have added an obligatory health exclusion (which will no doubt be abandoned as soon as the DHS Secretary starts issuing “public-interest” waivers built into the legislation). The waiver authority has also been expanded in this version of the bill. This bill also expands what qualifies as an “educational institution.” Bottom line: They can tweak all they want, but this warped-priority political pay-off is still a reckless, tone-deaf down payment on a broader illegal alien amnesty at a time of near-double-digit unemployment and border chaos.



Keep up your calls.



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GOP Sen. Jeff Sessions responded to the latest Dem maneuvering this morning at the Senate Judiciary Committee mark-up: “I was disappointed that, apparently as a result of the Majority Leader’s promises, we now may have a fourth version of the DREAM Act, produced last night at 8:45, that he seeks to bring on the floor. We haven’t had a hearing on that in seven years. The American people did not vote for amnesty in this past election. I think it’s clear, as Senator McCain said, the national consensus is and he’s accepted this, that we have to have lawfulness in the immigration system before we start giving millions amnesty—as this bill will do. And it will be resisted with every strength and every ability that I have to do so. Because this is a lame-duck Congress, it will not pass next year, and it’s not going to pass this year if I have anything to do about it, I just tell you. This is not a good idea, it’s not well written, it does far more than its supporters say, and it will create litigation in massive amounts that will disrupt the entire ability of immigration officials to do their jobs.”



FYI: So far, all 42 GOP Senators are holding steady on a pledge to block any legislation until the Senate deals with the “Bush tax cut extensions”/Obama tax increases.



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S. 3992



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 SENATE OF THE UNITED STATES



Mr. DURBIN introduced the following bill; which was read twice and referred to the Committee on ____



A BILL 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 ‘‘Development, Relief, and Education for Alien Minors Act of 2010’’ or the ‘‘DREAM Act of 2010’’.



SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:



Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. Sec. 4. Cancellation of removal of certain long-term residents who entered the

United States as children. Sec. 5. Conditional nonimmigrant status. Sec. 6. Adjustment of status. Sec. 7. Retroactive benefits. Sec. 8. Exclusive jurisdiction. Sec. 9. Penalties for false statements. Sec. 10. Confidentiality of information. Sec. 11. Higher education assistance. Sec. 12. Treatment of aliens with adjusted status for certain purposes. Sec. 13. Military enlistment. Sec. 14. GAO report.



SEC. 3. DEFINITIONS.



In this Act:



(1) IN GENERAL.—Except as otherwise specifically provided, a term used in this Act that is used in the immigration laws shall have the meaning given such term in the immigration laws.



(2) ARMED FORCES.—The term ‘‘Armed Forces’’ has the meaning given the term ‘‘armed forces’’ in section 101(a) of title 10, United States Code.



(3) CONDITIONAL NONIMMIGRANT.— (A) DEFINITION.—The term ‘‘conditional nonimmigrant’’ means an alien who is granted conditional nonimmigrant status under this Act. (B) DESCRIPTION.—A conditional non-immigrant—



(i) shall be considered to be an alien within a nonimmigrant class for purposes of the immigration laws;



(ii) may have the intention perma- nently to reside in the United States; and (iii) is not required to have a foreign residence which the alien has no intention of abandoning.



(4) 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)).



(5) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given such term in section 102 of the High- er Education Act of 1965 (20 U.S.C. 1002), except that the term does not include an institution of high- er education outside the United States.



SEC. 4. CANCELLATION OF REMOVAL OF CERTAIN LONG- ERM RESIDENTS WHO ENTERED THE UNITED STATES AS CHILDREN.



(a) SPECIAL RULE FOR CERTAIN LONG-TERM RESI- DENTS WHO ENTERED THE UNITED STATES AS CHILDREN.



1 (1) IN GENERAL.—Notwithstanding any other 2 provision of law and except as otherwise provided in this Act, the Secretary of Homeland Security may 4 cancel removal of an alien who is inadmissible or deportable from the United States, and grant the alien conditional nonimmigrant status, if the alien demonstrates by a preponderance of the evidence 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 the enactment of this Act and was younger than 16 years of age on the date the 13 alien initially entered the United States;



(B) the alien has been a person of good moral character since the date the alien initially entered the United States; (C) the alien—

(i) is not inadmissible under paragraph (1), (2), (3), (4), (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality 22 Act (8 U.S.C. 1182(a));



(ii) is not deportable under paragraph 24 (1)(E), (1)(G), (2), (4), (5), or (6) of section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)); (iii) has not ordered, incited, assisted, or otherwise participated in the persecution 5 of any person on account of race, religion, 6 nationality, membership in a particular social group, or political opinion; and (iv) has not been convicted of



(I) any offense under Federal or State law punishable by a maximum term of imprisonment of more than 1 year; or



(II) 3 or more offenses under Federal or State law, for which the alien was convicted on different dates for each of the 3 offenses and sentenced to imprisonment for an aggregate of 90 days or more;



(D) the alien



(i) has been admitted to an institutionof higher education in the United States;

(ii) has earned a high school diploma or obtained a general education development certificate in the United States;



(E) the alien has never been under a final administrative or judicial order of exclusion, deportation, 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; and (F) the alien was younger than 30 years of

age on the date of the enactment of this Act.



(2) WAIVER.—Notwithstanding paragraph (1), the Secretary of Homeland Security may waive the ground of ineligibility under paragraph (1), (4), or (6) of section 212(a) of the Immigration and Nationality Act and the ground of deportability under paragraph (1) of section 237(a) of that Act for hu- manitarian purposes or family unity or when it is otherwise in the public interest.



(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.



(4) DEADLINE FOR SUBMISSION OF APPLICA- TION.—An alien shall submit an application for cancellation of removal and conditional nonimmigrant status under this subsection no later than the date that is 1 year after the later of—



(A) the date the alien was admitted to an

institution of higher education in the United States;

(B) the date the alien earned a high school diploma or obtained a general education devel- opment certificate in the United States; or

(C) the date of the enactment of this Act.



(5) SUBMISSION OF BIOMETRIC AND BIO- GRAPHIC DATA.—The Secretary of Homeland Secu- rity may not cancel the removal of an alien or grant conditional nonimmigrant status to the alien under this subsection unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for applicants who are unable to provide such biometric or biographic data because of a physical impairment.



(6) BACKGROUND CHECKS.—

(A) REQUIREMENT FOR BACKGROUND CHECKS.—The Secretary of Homeland Security shall utilize biometric, biographic, and other data that the Secretary determines is appropriate—



(i) to conduct security and law en- 4 forcement background checks of an alien seeking relief available under this subsection; and



(ii) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such relief.



(B) COMPLETION OF BACKGROUND CHECKS.—



The security and law enforcement background checks required by subparagraph (A)(i) shall be completed, to the satisfaction of the Secretary, prior to the date the Secretary cancels the removal of the alien under this subection.



(7) MEDICAL EXAMINATION.—An alien applying for relief available under this subsection shall undergo a medical observation and examination. The Secretary of Homeland Security, with the concurrence of the Secretary of Health and Human Services, shall prescribe policies and procedures for the nature, frequency, and timing of such observation and 25 examination.



(8) MILITARY SELECTIVE SERVICE.—An alienapplying for relief available under this subsection shall establish that the alien has registered under the Military Selective Service Act (50 U.S.C. App. 5 451 et seq.), if the alien is subject to such registration under that Act.



(b) TERMINATION OF CONTINUOUS PERIOD.—For purposes of this section, any period of continuous residence or continuous physical presence in the United Statesof an alien who applies for cancellation of removal under subsection (a) 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 be considered o have failed to maintain continuous physical presence 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 CIRCUMSTANCES.—The Secretary of Homeland Security 24 may extend the time periods described in paragraph 25 (1) if the alien demonstrates 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.

7 (d) EXEMPTION FROM NUMERICAL LIMITATIONS.— Nothing in this section may be construed to apply a numerical limitation to the number of aliens who may be eligible for cancellation of removal under subsection



(a). 11 (e) REGULATIONS.— (1) INITIAL PUBLICATION.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall publish regulations implementing this section. 16 (2) INTERIM REGULATIONS.—Notwithstandingsection 553 of title 5, United States Code, the regulations required by paragraph (1) shall be effective, on an interim basis, immediately upon publication but may be subject to change and revision after public notice and opportunity for a period of public comment. (3) FINAL REGULATIONS.—Within a reasonable 24 time after publication of the interim regulations in accordance with paragraph (1), the Secretary ofHomeland Security shall publish final regulations implementing this section. (f) REMOVAL OF ALIEN.—The Secretary of Home- Security may not remove any alien who—



(1) has a pending application for conditional nonimmigrant status under this Act; and



(2) establishes prima facie eligibility for can- cellation of removal and conditional nonimmigrant status under subsection (a).



SEC. 5. CONDITIONAL NONIMMIGRANT STATUS. (a) LENGTH OF STATUS.—Conditional nonimmigrant status granted under section 4 shall be valid for a period of 10 years, subject to termination under subsection (c) of this section. (b) TERMS OF CONDITIONAL NONIMMIGRANT STATUS.— (1) EMPLOYMENT.—A conditional non-immigrant shall be authorized to be employed in the 19 United States incident to conditional nonimmigrant 20 status. (2) TRAVEL.—A conditional nonimmigrant may travel outside the United States and may be admitted (if otherwise admissible) upon return to the 24 United States without having to obtain a visa if—



(A) the alien is the bearer of valid, unex- pired documentary evidence of conditional non- immigrant status; and

(B) the alien’s absence from the United States was not for a period exceeding 180 days.

(c) TERMINATION OF STATUS.— (1) IN GENERAL.—The Secretary of Homeland

Security shall terminate the conditional non- immigrant status of any alien if the Secretary deter- mines 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 Armed Forces. (2) RETURN TO PREVIOUS IMMIGRATION STA-

TUS.—Any alien whose conditional nonimmigrant status is terminated under paragraph (1) shall return to the immigration status the alien had imme- diately prior to receiving conditional nonimmigrant status.



SEC. 6. ADJUSTMENT OF STATUS.

(a) IN GENERAL.—A conditional nonimmigrant may file with the Secretary of Homeland Security, in accordance with subsection (c), an application to have the alien’s 2 status adjusted to that of an alien lawfully admitted for permanent residence. The application shall provide, under 4 penalty of perjury, the facts and information so that the Secretary may make the determination described in paragraph (b)(1).



7 (b) ADJUDICATION OF APPLICATION FOR ADJUSTMENT OF STATUS.— (1) IN GENERAL.—If an application is filed in accordance with subsection (a) 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 14 subsection (d)(1).



(2) ADJUSTMENT OF STATUS IF FAVORABLE 16 DETERMINATION.—If the Secretary determines that the alien meets such requirements, the Secretary 18 shall notify the alien of such determination and ad- 19 just the alien’s status to that of an alien lawfully admitted for permanent residence, effective as of the date of approval of the application.



(3) 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 nonimmigrant status of the alien as of the date of the determination. (c) TIME TO FILE APPLICATION.



—An alien shall filean application for adjustment of status during the period beginning 1 year before and ending on either the date that is 10 years after the date of the granting of conditional nonimmigrant status or any other expiration date of the conditional nonimmigrant status as extended by the Secretary of Homeland Security in accordance with this Act. The alien shall be deemed to be in conditional non-immigrant status in the United States during the period in which such application is pending.



(d) DETAILS OF APPLICATION.— (1) CONTENTS OF APPLICATION.—Each application for an alien under subsection (a) 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 nonimmigrant.

(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 nonimmigrant status, unless the alien demonstrates that the alien has not abandoned the alien’s residence. An alien who is absent from the United States due to active service in the 9 Armed Forces has not 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 Armed 21 Forces for at least 2 years and, if dis- 22 charged, has received an honorable discharge.

(E) The alien has provided a list of each 25 secondary school (as that term is defined in section 9101 of the Elementary and Secondary 2 Education Act of 1965 (20 U.S.C. 7801)) that 3 the alien attended in the United States.



(2) HARDSHIP EXCEPTION.—

(A) IN GENERAL.—The Secretary of 6 Homeland Security may, in the Secretary’s discretion, adjust the 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 re- 17 moval from the United States would result 18 in exceptional and extremely unusual hard- 19 ship to the alien or the alien’s spouse, par- 20 ent, or child who is a citizen or a lawful 21 permanent resident of the United States. 22 (B) EXTENSION.—Upon a showing of good 23 cause, the Secretary of Homeland Security may 24 extend the period of conditional nonimmigrant

EAS10505 S.L.C. 17

1 status for the purpose of completing the re- 2 quirements described in paragraph (1)(D). 3 (e) CITIZENSHIP REQUIREMENT.— 4 (1) IN GENERAL.—Except as provided in para- 5 graph (2), the status of a conditional nonimmigrant 6 shall not be adjusted to permanent resident status 7 unless the alien demonstrates that the alien satisfies 8 the requirements of section 312(a) of the Immigra- 9 tion and Nationality Act (8 U.S.C. 312(a)).

10 (2) EXCEPTION.—Paragraph (1) shall not 11 apply to an alien who is unable because of a physical 12 or developmental disability or mental impairment to 13 meet the requirements of such paragraph.

14 (f) PAYMENT OF FEDERAL TAXES.— 15 (1) IN GENERAL.—Not later than the date on 16 which an application is filed under subsection (a) for 17 adjustment of status, the alien shall satisfy any ap- 18 plicable Federal tax liability due and owing on such 19 date. 20 (2) APPLICABLE FEDERAL TAX LIABILITY.— 21 For purposes of paragraph (1), the term ‘‘applicable 22 Federal tax liability’’ means liability for Federal 23 taxes imposed under the Internal Revenue Code of 24 1986, including any penalties and interest thereon.

EAS10505 S.L.C. 18

1 (g) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 2 DATA.—The Secretary of Homeland Security may not ad- 3 just the status of an alien under this section unless the 4 alien submits biometric and biographic data, in accordance 5 with procedures established by the Secretary. The Sec- 6 retary shall provide an alternative procedure for applicants 7 who are unable to provide such biometric or biographic 8 data because of a physical impairment.

9 (h) BACKGROUND CHECKS.— 10 (1) REQUIREMENT FOR BACKGROUND 11 CHECKS.—The Secretary of Homeland Security shall 12 utilize biometric, biographic, and other data that the 13 Secretary determines appropriate— 14 (A) to conduct security and law enforce- 15 ment background checks of an alien applying 16 for adjustment of status under this section; and 17 (B) to determine whether there is any 18 criminal, national security, or other factor that 19 would render the alien ineligible for such ad- 20 justment of status. 21 (2) COMPLETION OF BACKGROUND CHECKS.— 22 The security and law enforcement background 23 checks required by paragraph (1)(A) shall be com- 24 pleted, to the satisfaction of the Secretary, prior to 25 the date the Secretary grants adjustment of status.

EAS10505 S.L.C. 19

1 (i) EXEMPTION FROM NUMERICAL LIMITATIONS.— 2 Nothing in this section or in any other law may be con- 3 strued to apply a numerical limitation on the number of 4 aliens who may be eligible for adjustment of status under 5 this section.

6 (j) CONDITIONAL NONIMMIGRANTS OTHERWISE ELI- 7 GIBLE FOR ADJUSTMENT.—Nothing in this section may 8 be construed to limit the eligibility of a conditional non- 9 immigrant for adjustment of status, issuance of an immi-

10 grant visa, or admission as a lawful permanent resident 11 alien at any time, if the conditional nonimmigrant is other- 12 wise eligible for such benefit under the immigration laws. 13 (k) ELIGIBILITY FOR NATURALIZATION.—An alien 14 whose status is adjusted under this section to that of an 15 alien lawfully admitted for permanent residence may be 16 naturalized upon compliance with all the requirements of 17 the immigration laws except the provisions of paragraph 18 (1) of section 316(a) of the Immigration and Nationality 19 Act (8 U.S.C. 1427(a)), if such person immediately pre- 20 ceding the date of filing the application for naturalization 21 has resided continuously, after being lawfully admitted for 22 permanent residence, within the United States for at least 23 3 years, and has been physically present in the United 24 States for periods totaling at least half of that time and 25 has resided within the State or the district of U.S. Citizen-

EAS10505 S.L.C. 20

1 ship and Immigration Services in the United States in 2 which the applicant filed the application for at least 3 3 months. An alien described in this subsection may file the 4 application for naturalization as provided in the second 5 sentence of subsection (a) of section 344 of the Immigra- 6 tion and Nationality Act (8 U.S.C. 1445).

7 SEC. 7. RETROACTIVE BENEFITS. 8 If, on the date of the enactment of this Act, an alien 9 has satisfied all the requirements of section 4(a)(1) and

10 section 6(d)(1)(D), the Secretary of Homeland Security 11 may cancel removal and grant conditional nonimmigrant 12 status in accordance with section 4. The alien may apply 13 for adjustment of status in accordance with section 6(a) 14 if the alien has met the requirements of subparagraphs 15 (A), (B), and (C) of section 6(d)(1) during the entire pe- 16 riod of conditional nonimmigrant status.

17 SEC. 8. EXCLUSIVE JURISDICTION. 18 (a) IN GENERAL.—The Secretary of Homeland Secu- 19 rity shall have exclusive jurisdiction to determine eligibility 20 for relief under this Act, except where the alien has been 21 placed into deportation, exclusion, or removal proceedings 22 either prior to or after filing an application for cancella- 23 tion of removal and conditional nonimmigrant status or 24 adjustment of status under this Act, in which case the At- 25 torney General shall have exclusive jurisdiction and shall

EAS10505 S.L.C. 21

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

assume all the powers and duties of the Secretary until proceedings are terminated, or if a final order of deporta- tion, 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 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 4(a)(1);

(2) is at least 12 years of age; and

(3) is enrolled full time in a primary or sec- ondary 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 (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 sec-

ondary school; or (2) ceases to meet the requirements of sub-

section (b)(1).

EAS10505 S.L.C. 22

1 SEC. 9. PENALTIES FOR FALSE STATEMENTS. 2 Whoever files an application for any benefit under 3 this Act and willfully and knowingly falsifies, misrepre- 4 sents, or conceals a material fact or makes any false or 5 fraudulent statement or representation, or makes or uses 6 any false writing or document knowing the same to con- 7 tain any false or fraudulent statement or entry, shall be 8 fined in accordance with title 18, United States Code, im- 9 prisoned not more than 5 years, or both.

10 SEC. 10. CONFIDENTIALITY OF INFORMATION. 11 (a) PROHIBITION.—Except as provided in subsection 12 (b), no officer or employee of the United States may— 13 (1) use the information furnished by an indi- 14 vidual pursuant to an application filed under this 15 Act to initiate removal proceedings against any per- 16 son identified in the application; 17 (2) make any publication whereby the informa- 18 tion furnished by any particular individual pursuant 19 to an application under this Act can be identified; or 20 (3) permit anyone other than an officer or em- 21 ployee of the United States Government or, in the 22 case of an application filed under this Act with a 23 designated entity, that designated entity, to examine 24 such application filed under this Act. 25 (b) REQUIRED DISCLOSURE.—The Attorney General 26 or the Secretary of Homeland Security shall provide the

EAS10505 S.L.C. 23

1 information furnished under this Act, and any other infor- 2 mation derived from such furnished information, to— 3 (1) a Federal, State, tribal, or local law enforce- 4 ment agency, intelligence agency, national security 5 agency, component of the Department of Homeland 6 Security, court, or grand jury in connection with a 7 criminal investigation or prosecution, a background 8 check conducted pursuant to the Brady Handgun 9 Violence Protection Act (Public Law 103–159; 107

10 Stat. 1536) or an amendment made by that Act, or 11 for homeland security or national security purposes, 12 if such information is requested by such entity or 13 consistent with an information sharing agreement or 14 mechanism; or

15 (2) an official coroner for purposes of affirma- 16 tively identifying a deceased individual (whether or 17 not such individual is deceased as a result of a 18 crime).

19 (c) FRAUD IN APPLICATION PROCESS OR CRIMINAL 20 CONDUCT.—Notwithstanding any other provision of this 21 section, information concerning whether an alien seeking 22 relief under this Act has engaged in fraud in an applica- 23 tion for such relief or at any time committed a crime may 24 be used or released for immigration enforcement, law en- 25 forcement, or national security purposes.

EAS10505 S.L.C. 24

1 (d) PENALTY.—Whoever knowingly uses, publishes, 2 or permits information to be examined in violation of this 3 section shall be fined not more than $10,000. 4 SEC. 11. HIGHER EDUCATION ASSISTANCE.

5 Notwithstanding any provision of the Higher Edu- 6 cation Act of 1965 (20 U.S.C. 1001 et seq.), with respect 7 to assistance provided under title IV of the Higher Edu- 8 cation Act of 1965 (20 U.S.C. 1070 et seq.), an alien who 9 is granted conditional nonimmigrant status or lawful per-

10 manent resident status under this Act shall be eligible only 11 for the following assistance under such title: 12 (1) Student loans under parts B, D, and E of 13 such title IV (20 U.S.C. 1071 et seq., 1087a et seq., 14 1087aa et seq.), subject to the requirements of such 15 parts.

16 (2) Federal work-study programs under part C 17 of such title IV (42 U.S.C. 2751 et seq.), subject to 18 the requirements of such part. 19 (3) Services under such title IV (20 U.S.C. 20 1070 et seq.), subject to the requirements for such 21 services.

22 SEC. 12. TREATMENT OF ALIENS WITH ADJUSTED STATUS 23 FOR CERTAIN PURPOSES. 24 (a) IN GENERAL.—An individual granted conditional 25 nonimmigrant status under this Act shall, while such indi-

EAS10505 S.L.C. 25

1 vidual remains in such status, be considered lawfully 2 present for all purposes except— 3 (1) section 36B of the Internal Revenue Code 4 of 1986 (concerning premium tax credits), as added 5 by section 1401 of the Patient Protection and Af- 6 fordable Care Act (Public Law 111–148); and

7 (2) section 1402 of the Patient Protection and 8 Affordable Care Act (concerning reduced cost shar- 9 ing; 42 U.S.C. 18071).

10 (b) FOR PURPOSES OF THE 5-YEAR ELIGIBILITY 11 WAITING PERIOD UNDER PRWORA.—An individual who 12 has met the requirements under this Act for adjustment 13 from conditional nonimmigrant status to lawful perma- 14 nent resident status shall be considered, as of the date 15 of such adjustment, to have completed the 5-year period 16 specified in section 403 of the Personal Responsibility and 17 Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 18 1613).

19 SEC. 13. MILITARY ENLISTMENT. 20 Section 504(b)(1) of title 10, United States Code, is 21 amended by adding at the end the following new subpara- 22 graph: 23 ‘‘(D) An alien who is a conditional non- 24 immigrant (as that term is defined in section 3 of 25 the DREAM Act of 2010).’’.

EAS10505 S.L.C. 26

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18

SEC. 14. GAO REPORT.

Not later than 7 years after the date of the enact- ment of this Act, the Comptroller General of the United States shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report setting forth—

(1) the number of aliens who were eligible for cancellation of removal and grant of conditional non- immigrant status under section 4(a);

(2) the number of aliens who applied for can- cellation of removal and grant of conditional non- immigrant status under section 4(a);

(3) the number of aliens who were granted con- ditional nonimmigrant status under section 4(a); and

(4) the number of aliens whose status was ad- justed to that of an alien lawfully admitted for per- manent residence under section 6.