S 2886 — America’s CHILDREN Act of 2025

Bill Text

• Introduced Introduced in Senate Current html September 18, 2025

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends the Immigration and Nationality Act to provide lawful permanent resident status to certain college graduates who entered the U.S. as children and establishes protections for age-out cases and priority date retention.

• 8 U.S.C. 1151(b)(1)

  (F) Any alien who-- (i) is not inadmissible under section 212(a) or deportable under section 237(a); (ii) was lawfully present in the United States as a dependent child of a nonimmigrant admitted to engage in employment in the United States (other than a nonimmigrant described in subparagraph (A), (G), (N), or (S) of section 101(a)(15)) for an aggregate period of not less than 8 years; (iii) on the date on which an application under section 204(a)(1)(M) is submitted, has been lawfully present in the United States for an aggregate period of not less than 10 years; and (iv) has graduated from an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a))) in the United States.

  This addition allows certain college graduates who were brought to the U.S. as children to apply for lawful permanent resident status.

• 8 U.S.C. 1154(a)(1)

  (M) Any alien entitled to classification under section 201(b)(1)(F) may file a petition with the Secretary of Homeland Security for such classification.

  This provides a specific petition process for graduates who qualify under the new classification.

• 8 U.S.C. 1101(b)

  (6) Determination of Child Status.--A determination as to whether an alien is a child shall be made as follows: (A) In general.--For purposes of a petition under section 204 and any subsequent application for an immigrant visa or adjustment of status, such determination shall be made using the age of the alien on the earlier of-- (i) the date on which the petition is filed with the Secretary of Homeland Security; or (ii) the date on which an application for a labor certification under section 212(a)(5)(A)(i) is filed with the Secretary of Labor.(B) Certain dependents of nonimmigrants.--With respect to an alien who, for an aggregate period of 8 years before attaining the age of 21, was in the status of a dependent child of a nonimmigrant pursuant to a lawful admission as an alien eligible to be employed in the United States (other than a nonimmigrant described in subparagraph (A), (G), (N), or (S) of section 101(a)(15)), notwithstanding clause (i), the determination of the alien's age shall be based on the date on which such initial nonimmigrant employment-based petition or application was filed by the alien's nonimmigrant parent.

  This clarifies how the age of a child is determined for immigration purposes, particularly for those who age out of dependent status.

• 8 U.S.C. 1151(f)

  Termination date.-- → Rule for Determining Whether Certain Aliens Are Immediate Relatives.--

  This changes the heading for clarity regarding the rules about immediate relatives.

• 8 U.S.C. 1153(h)

  The subsection heading and paragraphs (1) through (4) → Retention of Priority Dates. (1) In general.--The priority date for an individual shall be the date on which a petition under section 204 is filed with the Secretary of Homeland Security or the Secretary of State, as applicable, unless such petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case the date on which the labor certification is files shall be the priority date. (2) Applicability.--The principal beneficiary and all derivative beneficiaries shall retain the priority date associated with the earliest of any approved petition or labor certification, and such priority date shall be applicable to any subsequently approved petition.

  This establishes new rules for retaining priority dates for applicants in the immigration process.

Action History

1. September 18, 2025

   Introduced in Senate

2. September 18, 2025

   Read twice and referred to the Committee on the Judiciary.

Sponsors

• Alex Padilla · Primary
• Rand Paul · Cosponsor
• Richard J. Durbin · Cosponsor
• Susan M. Collins · Cosponsor
• Amy Klobuchar · Cosponsor
• Lisa Murkowski · Cosponsor
• Christopher A. Coons · Cosponsor
• Kevin Cramer · Cosponsor
• King, Angus S., Jr. · Cosponsor
• John R. Curtis · Cosponsor
• Joni Ernst · Cosponsor
• John Fetterman · Cosponsor

Subjects