Sec. 1103. The Dream Act

1,405 words·~6 min read·/bill/117/s/348/is/section-1103

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Chapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq.), as amended by section 1102, is further amended by inserting after section 245C the following: Notwithstanding any other provision of law, the Secretary may grant lawful permanent resident status to a noncitizen if the noncitizen— satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; submits an application pursuant to the procedures under section 245G(b)(1); was younger than 18 years of age on the date on which the noncitizen initially entered the United States; has earned a high school diploma, a commensurate alternative award from a public or private high school or secondary school, a general education development certificate recognized under State law, or a high school equivalency diploma in the United States; has obtained a degree from an institution of higher education, or has completed at least 2 years, in good standing, of a program in the United States leading to a bachelor’s degree or higher degree or a recognized postsecondary credential from an area career and technical education school providing education at the postsecondary level; has served in the uniformed services for not less than 2 years and, if discharged, received an honorable discharge; or demonstrates earned income for periods totaling not less than 3 years and not less than 75 percent of the time that the noncitizen has had valid employment authorization, except that, in the case of a noncitizen who was enrolled in an institution of higher education or an area career and technical education school to obtain a recognized postsecondary credential, the Secretary shall reduce such total 3-year requirement by the total of such periods of enrollment; and establishes that the noncitizen has registered under the Military Selective Service Act ( 50 U.S.C. 3801 et seq.), if the noncitizen is subject to registration under that Act.

The Secretary may waive the requirement under subsection (a)(5) if the noncitizen demonstrates compelling circumstances for the noncitizen's inability to satisfy such requirement. The requirements in paragraphs

(2)through

(6)of subsection

(a)shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all requirements of that subsection. The Secretary shall establish a streamlined procedure for noncitizens who— have been granted Deferred Action for Childhood Arrivals pursuant to the memorandum of the Department of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012 (referred to in this section as DACA ); and meet the requirements for renewal of DACA to apply for adjustment of status to that of a lawful permanent resident. The interim final rule of the Department of Health and Human Services entitled Pre-Existing Condition Insurance Plan Program (77 Fed. Reg. 52614 (August 30, 2012)) shall have no force or effect. In determining whether an individual is lawfully present for purposes of determining whether the individual is lawfully residing in the United States under section 1903(v)(4) of the Social Security Act ( 42 U.S.C. 1396b(v)(4) ), the definition of lawfully present under section 152.2 of title 45, Code of Federal Regulations (or any successor regulation) shall be applied. Notwithstanding any other provision of law, except as provided in subparagraph (B), with respect to eligibility for any benefit under title XIX or XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. or 1397aa et seq.), the limitation under section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613(a) ) shall not apply to an individual who adjusts status under this section. The limitation described in subparagraph

(A)shall apply to an individual who was eligible to adjust status only by virtue of subsection (c). 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. . Section 704 of title VII of division E of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ; 132 Stat. 588) is amended— in paragraph (3), by striking ; or and inserting a semicolon; and in paragraph (4), by inserting ; or

(5)is a person who is employed by the House of Representatives or the Senate, and has been issued an employment authorization document under DACA after United States . 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 ). Section 203 of the National Housing Act ( 12 U.S.C. 1709 ) is amended by inserting after subsection

(h)the following: In this subsection, the term DACA recipient means a noncitizen who, at any time before, on, or after the date of enactment of this subsection, is or was subject to a grant of deferred action pursuant to the Department of Homeland Security memorandum entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012. The Secretary may not— prescribe terms that limit the eligibility of a single family mortgage for insurance under this title because of the status of the mortgagor as a DACA recipient; or issue any limited denial of participation in the program for such insurance because of the status of the mortgagor as a DACA recipient. Nothing in this title prohibits the denial of insurance based on failure to satisfy valid eligibility requirements. Valid eligibility requirements do not include criteria that were adopted with the purpose of denying eligibility for insurance because of race, color, religion, sex, familial status, national origin, disability, or the status of a mortgagor as a DACA recipient. . Section 501 of the Housing Act of 1949 ( 42 U.S.C. 1471 ) is amended by adding at the end the following: In this subsection, the term DACA recipient means a noncitizen who, at any time before, on, or after the date of enactment of this subsection, is or was subject to a grant of deferred action pursuant to the Department of Homeland Security memorandum entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012. The Secretary may not prescribe terms that limit eligibility for a single family mortgage made, insured, or guaranteed under this title because of the status of the mortgagor as a DACA recipient. . Section 302(b) of the National Housing Act ( 12 U.S.C. 1717(b) ) is amended by adding at the end the following: In this paragraph, the term DACA recipient means a noncitizen who, at any time before, on, or after the date of enactment of this paragraph, is or was subject to a grant of deferred action pursuant to the Department of Homeland Security memorandum entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012. The corporation may not condition purchase of a single-family residence mortgage by the corporation under this subsection on the status of the borrower as a DACA recipient. . Section 305(a) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a) ) is amended by adding at the end the following: In this paragraph, the term DACA recipient means a noncitizen who, at any time before, on, or after the date of enactment of this paragraph, is or was subject to a grant of deferred action pursuant to the Department of Homeland Security memorandum entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012. The Corporation may not condition purchase of a single-family residence mortgage by the Corporation under this subsection on the status of the borrower as a DACA recipient. . The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.), as amended by section 1102, is further amended by inserting after the item relating to section 245C the following: Sec. 245D. Adjustment of status for certain noncitizens who entered the United States as children. .

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