Sec. 2103. The DREAM Act

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This section may be cited as the or the Development, Relief, and Education for Alien Minors Act of 2013 . DREAM Act 2013 Chapter 5 of title II ( 8 U.S.C. 1255 et seq. ) is amended by inserting after section 245C, as added by section 2102 of this title, the following: In this section: The term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), except that the term does not include institutions described in subsection (a)(1)(C) of such section.

The term Secretary means the Secretary of Homeland Security. The term Uniformed Services has the meaning given the term uniformed services in section 101(a)(5) of title 10, United States Code. The Secretary of Homeland Security may adjust the status of a registered provisional immigrant to the status of a lawful permanent resident if the immigrant demonstrates that he or she— has been a registered provisional immigrant for at least 5 years; was younger than 16 years of age on the date on which the alien initially entered the United States; has earned a high school diploma or obtained a general education development certificate in the United States; has acquired a degree from an institution of higher education 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; or has served in the Uniformed Services for at least 4 years and, if discharged, received an honorable discharge; and has provided a list of each secondary school (as that term is defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) that the alien attended in the United States.

The Secretary may adjust the status of a registered provisional immigrant to the status of a lawful permanent resident if the alien— satisfies the requirements under clauses (i), (ii), (iii), and

(v)of subparagraph (A); and demonstrates compelling circumstances for the inability to satisfy the requirement under subparagraph (A)(iv). Except as provided in clause (ii), the Secretary may not adjust the status of an alien to lawful permanent resident status under this section unless the alien demonstrates that the alien satisfies the requirements of section 312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a)). Clause

(i)shall not apply to an alien whose physical or developmental disability or mental impairment prevents the alien from meeting the requirements such section. The Secretary may not adjust the status of an alien to lawful permanent resident status unless the alien— submits biometric and biographic data, in accordance with procedures established by the Secretary; or complies with an alternative procedure prescribed by the Secretary, if the alien is unable to provide such biometric data because of a physical impairment. The Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate— to conduct security and law enforcement background checks of an alien applying for lawful permanent resident status under this section; and to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such status. The Secretary may not adjust an alien's status to the status of a lawful permanent resident under this subsection until the security and law enforcement background checks required under clause

(i)have been completed with respect to the alien, to the satisfaction of the Secretary. A registered provisional immigrant seeking lawful permanent resident status shall file an application for such status in such manner as the Secretary of Homeland Security may require. The Secretary shall evaluate each application filed by a registered provisional immigrant under this paragraph to determine whether the alien meets the requirements under paragraph (1). If the Secretary determines that the alien meets the requirements under paragraph (1), the Secretary shall notify the alien of such determination and adjust the status of the alien to lawful permanent resident status, effective as of the date of such determination. If the Secretary determines that the alien does not meet the requirements under paragraph (1), the Secretary shall notify the alien of such determination. The Secretary may adopt streamlined procedures for applicants for adjustment to lawful permanent resident status under this section who were granted Deferred Action for Childhood Arrivals (referred to in this paragraph as DACA ) pursuant to the Secretary’s memorandum of June 15, 2012. An alien granted lawful permanent resident status under this subsection shall be considered, for purposes of title III— to have been lawfully admitted for permanent residence; and to have been in the United States as an alien lawfully admitted to the United States for permanent residence during the period the alien was a registered provisional immigrant. An alien may not apply for naturalization while the alien is a registered provisional immigrant.. . Section 201(b) ( 8 U.S.C. 1151(b)(1) ) is amended— by redesignating subparagraph

(E)as subparagraph (F); and by inserting after subparagraph

(D)the following: Aliens whose status is adjusted to permanent resident status under section 245C or 245D. . Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1623 ) is repealed. The repeal under paragraph

(1)shall take effect as if included in the original enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ).

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