Sec. 12. Eligibility for dreamers, temporary protected status beneficiaries, and deferred enforced departure grantees
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Section 484 ( 20 U.S.C. 1091 ), as amended by sections 9 and 10, is further amended— in subsection (a)(5), by inserting or be a Dreamer student or a temporary protected status or deferred enforced departure student after becoming a citizen or permanent resident ; and by inserting after subsection
(q)the following: In this section: The term Dreamer student means an alien (as defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) )) who— has been continuously physically present in the United States for not less than the 4-year period preceding the date of enactment of the Simplifying Financial Aid for Students Act of 2019; was younger than 18 years of age on the date on which the alien initially entered the United States; has been admitted to an institution of higher education; in the United States, has— earned a high school diploma or a commensurate alternative award from a public or private high school; obtained a General Educational Development credential, or other equivalent of a high school diploma, recognized under State law; or obtained a recognized postsecondary credential that is recognized by the Secretary of Education, the Secretary of Labor, or a State under the Workforce Innovation and Opportunity Act; or is enrolled in secondary school or in an education program assisting students in— obtaining a regular high school diploma or a General Educational Development credential, or other equivalent of a high school diploma, recognized under State law; passing the General Educational Development examinations, a State-recognized high school diploma equivalency examination, or other similar State-authorized examination; obtaining a certificate or credential from an area career and technical education school, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006, providing education at the secondary level; or obtaining a recognized postsecondary credential; and is not inadmissible under paragraph (2), (3), (6)(E), (6)(G), (8), (10)(A), (10)(C), (10)(D), or (10)(E) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ); has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; and excluding any offense under State law for which an essential element is the alien’s immigration status and any minor traffic offense, has not been convicted of— any offense under Federal or State law that is punishable by a maximum term of imprisonment of more than 1 year; or 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 imprisoned for an aggregate of 90 days or more. The Secretary of Homeland Security shall issue regulations that direct when the Department shall waive the requirement of clause
(i)or (ii), or both, of subparagraph
(A)for an individual to qualify as a Dreamer student, under such subparagraph, if the individual— demonstrates compelling circumstances for the inability to satisfy the requirement of such clause
(i)or (ii), or both; and satisfies the requirement of clauses
(iii)and
(iv)of subparagraph (A). The term temporary protected status or deferred enforced departure student means an alien (as defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) )) who— has been continuously physically present in the United States for a period of not less than 3 years before the date of enactment of the Simplifying Financial Aid for Students Act of 2019 ; and is a national of a foreign state (or part thereof), (or in the case of an alien having no nationality, is a person who last habitually resided in such state), with a designation under subsection
(b)of section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a(b) ) on September 25, 2016, who had or was otherwise eligible for temporary protected status on such date; or was under a grant of deferred enforced departure as of September 28, 2016. .
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Sec. 12
Eligibility for dreamers, temporary protected status beneficiaries, and deferred enforced departure grantees
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