United States 116th Congress Status: In Committee 1 D cosponsors

HR 2820 — Dream Act of 2019

Last action — Placed on the Union Calendar, Calendar No. 73.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

132 added · 108 removed

Plain-language change summary

The amendment to HR 2820 adds criteria for determining public safety related to certain alien convictions. It requires the Secretary to consider the recency and seriousness of the conviction, including whether a deadly weapon was involved, and any mitigating factors. Additionally, the section on gang participation was changed from subparagraph (C) to subparagraph (D), clarifying its definition. These changes will affect how public safety considerations are assessed for aliens in related legal contexts.

→
Previous
Latest
2820 Introduced in House (IH)] <DOC> 116th CONGRESS 1st Session H.
2820 Reported in House (RH)] <DOC> Union Calendar No.
73 116th CONGRESS 1st Session H.
2820 To authorize the cancellation of removal and adjustment of status of certain individuals who are long-term United States residents and entered the United States as children, and for other purposes.
2820 [Report No.
116-98] To authorize the cancellation of removal and adjustment of status of certain individuals who are long-term United States residents and entered the United States as children, and for other purposes.
which was 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 entered the United States as children, and for other purposes.
which was referred to the Committee on the Judiciary May 30, 2019 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on May 17, 2019] _______________________________________________________________________ A BILL To authorize the cancellation of removal and adjustment of status of certain individuals who are long-term United States residents and entered the United States as children, and for other purposes.
(3) Authority to conduct secondary review.-- (A) In general.--Notwithstanding an alien's eligibility for adjustment of status under this Act, and subject to the procedures described in this paragraph, the Secretary of Homeland Security 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 103(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 (C).
(3) Authority to conduct secondary review.-- (A) In general.--Notwithstanding an alien's eligibility for adjustment of status under this Act, and subject to the procedures described in this paragraph, the Secretary of Homeland Security 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 103(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).
(C) Gang participation.--An alien is described in this subparagraph if the alien has, within the 5 years immediately preceding the date of the application, knowingly, willingly, and willfully participated in offenses committed by a criminal street gang (as described in subsections (a) and (c) of section 521 of title 18, United States Code) with the intent to promote or further the commission of such offenses.
(C) Public safety determination.--For purposes of subparagraph (B)(ii), the Secretary shall consider the recency of the conviction or adjudication;
(D) Evidentiary limitation.--For purposes of subparagraph (C), allegations of gang membership obtained from a State or Federal in-house or local database, or a network of databases used for the purpose of recording and sharing activities of alleged gang members across law enforcement agencies, shall not establish the participation described in such paragraph.
the length of any imposed sentence or placement;
(E) Notice.-- (i) In general.--Prior to rendering a discretionary decision under this paragraph, the Secretary of Homeland Security shall provide written notice of the intent to provisionally deny the application to the alien (or the alien's counsel of record, if any) by certified mail and, if an electronic mail address is provided, by electronic mail (or other form of electronic communication).
the nature and seriousness of the conviction or adjudication, including whether the elements of the offense include the unlawful possession or use of a deadly weapon to commit an offense or other conduct intended to cause serious bodily injury;
and any mitigating factors pertaining to the alien's role in the commission of the offense.
(D) Gang participation.--An alien is described in this subparagraph if the alien has, within the 5 years immediately preceding the date of the application, knowingly, willfully, and voluntarily participated in offenses committed by a criminal street gang (as described in subsections (a) and (c) of section 521 of title 18, United States Code) with the intent to promote or further the commission of such offenses.
(E) Evidentiary limitation.--For purposes of subparagraph (D), allegations of gang membership obtained from a State or Federal in-house or local database, or a network of databases used for the purpose of recording and sharing activities of alleged gang members across law enforcement agencies, shall not establish the participation described in such paragraph.
(F) Notice.-- (i) In general.--Prior to rendering a discretionary decision under this paragraph, the Secretary of Homeland Security shall provide written notice of the intent to provisionally deny the application to the alien (or the alien's counsel of record, if any) by certified mail and, if an electronic mail address is provided, by electronic mail (or other form of electronic communication).
(F) Judicial review.--An alien is entitled to judicial review of the Secretary's decision to provisionally deny an application under this paragraph in accordance with the procedures described in section 206(c).
(G) Judicial review.--An alien is entitled to judicial review of the Secretary's decision to provisionally deny an application under this paragraph in accordance with the procedures described in section 206(c).
(d) Limitation on Removal of Certain Alien Minors.--An alien who is under 18 years of age and meets the requirements under subparagraphs (A), (B), and (C) of subsection (b)(1) shall be provided a reasonable opportunity to meet the educational requirements under subsection (b)(1)(D).
(d) Limitation on Removal of Certain Alien Minors.--An alien who is under 18 years of age and meets the requirements under subparagraphs (A), (B), and (C) of subsection (b)(1) shall be provided a reasonable opportunity to meet the educational requirements under subparagraph (D) of such subsection.
and (2) subject to termination under subsection (c).
and (2) subject to revocation under subsection (c).
(c) Termination of Status.--The Secretary may terminate the permanent resident status on a conditional basis of an alien only if the Secretary-- (1) determines that the alien ceases to meet the requirements under section 101(b)(1)(C);
(c) Revocation of Status.--The Secretary may revoke the permanent resident status on a conditional basis of an alien only if the Secretary-- (1) determines that the alien ceases to meet the requirements under section 101(b)(1)(C);
and (2) prior to the termination, provides the alien-- (A) notice of the proposed termination;
and (2) prior to the revocation, provides the alien-- (A) notice of the proposed revocation;
and (B) the opportunity for a hearing to provide evidence that the alien meets such requirements or otherwise to contest the proposed termination.
and (B) the opportunity for a hearing to provide evidence that the alien meets such requirements or otherwise to contest the proposed revocation.
(d) Return to Previous Immigration Status.--An alien whose permanent resident status on a conditional basis expires under subsection (a)(1) or is terminated under subsection (c), shall return to the immigration status that the alien had immediately before receiving permanent resident status on a conditional basis.
(d) Return to Previous Immigration Status.--An alien whose permanent resident status on a conditional basis expires under subsection (a)(1) or is revoked under subsection (c), shall return to the immigration status that the alien had immediately before receiving permanent resident status on a conditional basis.
(a) Eligibility for Removal of Conditional Basis.-- (1) In general.--Subject to paragraph (2), the Secretary shall remove the conditional basis of an alien's permanent resident status granted under this Act and grant the alien status as an alien lawfully admitted for permanent residence if the alien-- (A) is described in section 111(b)(1)(C);
(a) Eligibility for Removal of Conditional Basis.-- (1) In general.--Subject to paragraph (2), the Secretary shall remove the conditional basis of an alien's permanent resident status granted under this Act and grant the alien status as an alien lawfully admitted for permanent residence if the alien-- (A) is described in section 101(b)(1)(C);
or (iii) demonstrates earned income for periods totaling at least 3 years and that, during at least 75 percent of such earning periods, the alien had a valid employment authorization, except that, in the case of an alien who was enrolled in an institution of higher education, an area career and technical education school to obtain a recognized postsecondary credential, or an education program described in section 101(b)(1)(D)(iii), the Secretary shall reduce such total 3-year requirement by the total of such periods of enrollment.
or (iii) demonstrates earned income for periods totaling at least 3 years and at least 75 percent of the time that the alien has had a valid employment authorization, except that, in the case of an alien who was enrolled in an institution of higher education, an area career and technical education school to obtain a recognized postsecondary credential, or an education program described in section 101(b)(1)(D)(iii), the Secretary shall reduce such total 3-year requirement by the total of such periods of enrollment.
(2) Hardship exception.-- (A) In general.--The Secretary shall remove the conditional basis of an alien's permanent resident status and grant the alien status as an alien lawfully admitted for permanent residence if the alien-- (i) satisfies the requirements under subparagraphs (A) and (B) of paragraph (1);
(2) Hardship exception.--The Secretary shall remove the conditional basis of an alien's permanent resident status and grant the alien status as an alien lawfully admitted for permanent residence if the alien-- (A) satisfies the requirements under subparagraphs (A) and (B) of paragraph (1);
(ii) demonstrates compelling circumstances for the inability to satisfy the requirements under subparagraph (C) of such paragraph;
(B) demonstrates compelling circumstances for the inability to satisfy the requirements under subparagraph (C) of such paragraph;
and (iii) demonstrates that-- (I) the alien has a disability;
and (C) demonstrates that-- (i) the alien has a disability;
(II) the alien is a full-time caregiver;
(ii) the alien is a full-time caregiver;
or (III) the removal of the alien from the United States would result in hardship to the alien or the alien's spouse, parent, or child who is a national of the United States or is lawfully admitted for permanent residence.
or (iii) the removal of the alien from the United States would result in hardship to the alien or the alien's spouse, parent, or child who is a national of the United States or is lawfully admitted for permanent residence.
(2) Area career and technical education school.--The term ``area career and technical education school'' has the meaning given such term in section 3 of the Carl D.
(2) Appropriate united states district court.--The term ``appropriate United States district court'' mean the United States District Court for the District of Columbia or the United States district court with jurisdiction over the alien's principal place of residence.
(3) Area career and technical education school.--The term ``area career and technical education school'' has the meaning given such term in section 3 of the Carl D.
(3) DACA.--The term ``DACA'' means deferred action granted to an alien pursuant to the Deferred Action for Childhood Arrivals policy announced by the Secretary of Homeland Security on June 15, 2012.
(4) DACA.--The term ``DACA'' means deferred action granted to an alien pursuant to the Deferred Action for Childhood Arrivals policy announced by the Secretary of Homeland Security on June 15, 2012.
(4) 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.
(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.
(5) Federal poverty line.--The term ``Federal poverty line'' has the meaning given such term in section 213A(h) of the Immigration and Nationality Act (8 U.S.C.
(6) Federal poverty line.--The term ``Federal poverty line'' has the meaning given such term in section 213A(h) of the Immigration and Nationality Act (8 U.S.C.
(6) High school;
(7) High school;
(7) 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.
(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.
(8) 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.
(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.
(9) Recognized postsecondary credential.--The term ``recognized postsecondary credential'' has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C.
(10) Recognized postsecondary credential.--The term ``recognized postsecondary credential'' has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C.
(10) Secretary.--Except as otherwise specifically provided, the term ``Secretary'' means the Secretary of Homeland Security.
(11) Secretary.--Except as otherwise specifically provided, the term ``Secretary'' means the Secretary of Homeland Security.
(11) Uniformed services.--The term ``Uniformed Services'' has the meaning given the term ``uniformed services'' in section 101(a) of title 10, United States Code.
(12) Uniformed services.--The term ``Uniformed Services'' has the meaning given the term ``uniformed services'' in section 101(a) of title 10, United States Code.
(a) Effect of Notice To Appear.--Any period of continuous physical presence or continuous residence in the United States of an alien who applies for permanent resident status under this Act (whether on a conditional basis or without the conditional basis as provided in section 103(c)(2)) 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.
(a) Effect of Notice to Appear.--Any period of continuous physical presence or continuous residence in the United States of an alien who applies for permanent resident status under this Act (whether on a conditional basis or without the conditional basis as provided in section 103(c)(2)) 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.
(b) Judicial Review.--Except as provided in subsection (c), and notwithstanding any other provision of law, an alien may seek judicial review of a denial of an application for adjustment of status, or a revocation of such status, under this Act in the United States district court with jurisdiction over the alien's residence.
(b) Judicial Review.--Except as provided in subsection (c), and notwithstanding any other provision of law, an alien may seek judicial review of a denial of an application for adjustment of status, or a revocation of such status, under this Act in an appropriate United States district court.
Show all 67 changed rows (27 more)
Previous
Latest
(c) Judicial Review of a Provisional Denial.-- (1) In general.--Notwithstanding any other provision of law, if, after notice and the opportunity to respond under section 101(c)(3)(E), the Secretary provisionally denies an application for adjustment of status under this Act, the alien shall have 60 days from the date of the Secretary's determination to seek review of such determination in the United States District Court for the District of Columbia or in the United States district court with jurisdiction over the alien's residence.
(c) Judicial Review of a Provisional Denial.-- (1) In general.--Notwithstanding any other provision of law, if, after notice and the opportunity to respond under section 101(c)(3)(E), the Secretary provisionally denies an application for adjustment of status under this Act, the alien shall have 60 days from the date of the Secretary's determination to seek review of such determination in an appropriate United States district court.
(a) Documents Establishing Identity.--An alien's application for permanent resident status under this Act (whether on a conditional basis, or without the conditional basis as provided in section 103(c)(2)) may include, as evidence of identity-- (1) a passport or national identity document from the alien's country of origin that includes the alien's name and the alien's photograph or fingerprint;
(a) Documents Establishing Identity.--An alien's application for permanent resident status under this Act (whether on a conditional basis, or without the conditional basis as provided in section 103(c)(2)) may include, as evidence of identity, the following:
(2) the alien's birth certificate and an identity card that includes the alien's name and photograph;
(1) A passport or national identity document from the alien's country of origin that includes the alien's name and the alien's photograph or fingerprint.
(3) a school identification card that includes the alien's name and photograph, and school records showing the alien's name and that the alien is or was enrolled at the school;
(2) The alien's birth certificate and an identity card that includes the alien's name and photograph.
(4) a Uniformed Services identification card issued by the Department of Defense;
(3) A school identification card that includes the alien's name and photograph, and school records showing the alien's name and that the alien is or was enrolled at the school.
(5) any immigration or other document issued by the United States Government bearing the alien's name and photograph;
(4) A Uniformed Services identification card issued by the Department of Defense.
(6) a State-issued identification card bearing the alien's name and photograph;
(5) Any immigration or other document issued by the United States Government bearing the alien's name and photograph.
or (7) any other evidence determined to be credible by the Secretary.
(6) A State-issued identification card bearing the alien's name and photograph.
(b) Documents Establishing Entry, Continuous Physical Presence, Lack of Abandonment of Residence.--To establish that an alien was younger than 18 years of age on the date on which the alien entered the United States, as required under section 101(b)(1)(B), that an alien has been continuously physically present in the United States, as required under section 101(b)(1)(A), or that an alien has not abandoned residence in the United States, as required under section 103(a)(1)(B), the alien may submit the following forms of evidence:
(7) Any other evidence determined to be credible by the Secretary.
(b) Documents Establishing Entry, Continuous Physical Presence, Lack of Abandonment of Residence.--To establish that an alien was younger than 18 years of age on the date on which the alien entered the United States, and has continuously resided in the United States since such entry, as required under section 101(b)(1)(B), that an alien has been continuously physically present in the United States, as required under section 101(b)(1)(A), or that an alien has not abandoned residence in the United States, as required under section 103(a)(1)(B), the alien may submit the following forms of evidence:
(e) Documents Establishing Receipt of a High School Diploma, General Educational Development Credential, or a Recognized Equivalent.--To establish that in the United States an alien has earned a high school diploma or a commensurate alternative award from a public or private high school, has obtained the General Education Development credential, or otherwise has satisfied section 101(b)(1)(D)(iii), the alien may submit to the Secretary-- (1) a high school diploma, certificate of completion, or other alternate award;
(e) Documents Establishing Receipt of a High School Diploma, General Educational Development Credential, or a Recognized Equivalent.--To establish that in the United States an alien has earned a high school diploma or a commensurate alternative award from a public or private high school, has obtained the General Education Development credential, or otherwise has satisfied section 101(b)(1)(D)(iii), the alien may submit to the Secretary the following:
(2) a high school equivalency diploma or certificate recognized under State law;
(1) A high school diploma, certificate of completion, or other alternate award.
(3) evidence that the alien passed a State-authorized exam, including the General Education Development test, in the United States;
(2) A high school equivalency diploma or certificate recognized under State law.
(4) evidence that the alien successfully completed an area career and technical education program, such as a certification, certificate, or similar alternate award;
(3) Evidence that the alien passed a State-authorized exam, including the General Education Development test, in the United States.
(5) evidence that the alien obtained a recognized postsecondary credential;
(4) Evidence that the alien successfully completed an area career and technical education program, such as a certification, certificate, or similar alternate award.
or (6) any other evidence determined to be credible by the Secretary.
(5) Evidence that the alien obtained a recognized postsecondary credential.
(6) Any other evidence determined to be credible by the Secretary.
(2) Documents to establish income.--To establish the alien's income, the alien may provide-- (A) employment records or other records of earned income that have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency;
(2) Documents to establish income.--To establish the alien's income, the alien may provide-- (A) employment records or other records of earned income, including records that have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency;
(3) Documents to establish foster care, lack of familial support, or serious, chronic disability.--To establish that the alien was in foster care, lacks parental or familial support, or has a serious, chronic disability, the alien may provide at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that contain-- (A) a statement that the alien is in foster care, otherwise lacks any parental or other familiar support, or has a serious, chronic disability, as appropriate;
(3) Documents to establish foster care, lack of familial support, or serious, chronic disability.--To establish that the alien is in foster care, lacks parental or familial support, or has a serious, chronic disability, the alien may provide at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that contain-- (A) a statement that the alien is in foster care, otherwise lacks any parental or other familiar support, or has a serious, chronic disability, as appropriate;
(h) Documents Establishing Qualification for Hardship Exemption.-- To establish that an alien satisfies one of the criteria for the hardship exemption set forth in section 103(a)(2)(A)(iii), the alien may submit to the Secretary at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that warrant the exemption, that contain-- (1) the name, address, and telephone number of the affiant;
(h) Documents Establishing Qualification for Hardship Exemption.-- To establish that an alien satisfies one of the criteria for the hardship exemption set forth in section 103(a)(2)(C), the alien may submit to the Secretary at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that warrant the exemption, that contain-- (1) the name, address, and telephone number of the affiant;
(k) Authority To Prohibit Use of Certain Documents.--If the Secretary determines, after publication in the Federal Register and an opportunity for public comment, that any document or class of documents does not reliably establish identity or that permanent resident status under this Act (whether on a conditional basis, or without the conditional basis as provided in section 103(c)(2)) is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents.
(k) Authority to Prohibit Use of Certain Documents.--If the Secretary determines, after publication in the Federal Register and an opportunity for public comment, that any document or class of documents does not reliably establish identity or that permanent resident status under this Act (whether on a conditional basis, or without the conditional basis as provided in section 103(c)(2)) is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents.
<all>
Union Calendar No.
73 116th CONGRESS 1st Session H.
R.
2820 [Report No.
116-98] _______________________________________________________________________ A BILL To authorize the cancellation of removal and adjustment of status of certain individuals who are long-term United States residents and entered the United States as children, and for other purposes.
_______________________________________________________________________ May 30, 2019 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
⬇ Download PDF
View plain text versions (2)

Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the House Committee on the Judiciary.

  4. Committee Consideration and Mark-up Session Held.

  5. Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 10.

  6. Reported (Amended) by the Committee on Judiciary. H. Rept. 116-98.

  7. Reported (Amended) by the Committee on Judiciary. H. Rept. 116-98.

  8. Placed on the Union Calendar, Calendar No. 73.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

Show all 546 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

immigration civil-rights education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HR 2820?
HR 2820 is sponsored by Roybal-Allard, Lucille (Democratic).
What is the current status of HR 2820?
This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 2820?
Track HR 2820 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HR 2820

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HR 2820

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →