Is the DREAM
ACT Dead
Remember We The People are the government
and the elected officials work for us we don’t work for them.
Removal Clarification Act of 2010 - Revises
the federal judicial code to provide that a civil action or criminal prosecution
that is commenced in a state court and that is against or directed to the United
States or a federal agency or officer, or specified others, may be removed to an
appropriate U.S. district court.
Declares that civil actions and criminal
prosecutions include any proceeding (whether or not ancillary to another
proceeding) to the extent that in such proceeding a judicial order, including a
subpoena for testimony or documents, is sought or issued. Limits removal of such
a proceeding, if there is no other basis for removal, to only that specific
proceeding, with the remainder of the civil action or criminal proceeding to
remain in state court.
Declares that the 30-day notice of removal
requirement shall be satisfied in any such civil or criminal proceeding in which
such a judicial order is sought, or issued, or sought to be enforced, if the
person or entity desiring to remove the proceeding files notice of removal not
later than 30 days after receiving, through service, notice of the proceeding.
Provides that the budgetary effects of this
Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010,
shall be determined by reference to the latest statement titled "Budgetary
Effects of PAYGO Legislation" for this Act, provided that such statement has
been submitted prior to the vote on passage.
Development, Relief, and Education for Alien
Minors Act of 2010 or DREAM Act of 2010 - (Sec. 6) Authorizes the Secretary of
Homeland Security (DHS) to cancel the removal of, and adjust to conditional
nonimmigrant status, an alien who: (1) entered the United States before his or
her 16th birthday and has been present in the United States for at least five
years immediately preceding enactment of this Act; (2) has been a person of good
moral character since entering the United States; (3) is not inadmissible for
reasons of health, criminality, security, public charge, smuggling, student visa
abuse, citizenship ineligibility, polygamy, international child abduction, or
unlawful voting; (4) is not deportable for reasons of smuggling, marriage fraud,
criminality, security, public charge, or unlawful voting; (5) has not
participated in the persecution of any person on account of race, religion,
nationality, membership in a particular social group, or political opinion; (6)
has not been convicted of certain offenses under federal or state law; (7) has
been admitted to an institution of higher education (IHE) or has earned a high
school diploma or general education development certificate in the United
States; (8) has never been under a final order of exclusion, deportation, or
removal unless the alien has remained in the United States under color of law
after such order's issuance, or received the order before attaining the age of
16; and (9) was under age 30 on the date of enactment of this Act.
Authorizes the Secretary to waive specified
grounds of inadmissibility or deportability for humanitarian, family unity, or
public interest purposes.
Provides for a $525 application surcharge
(in addition to other applicable application fees).
Requires an alien to apply for cancellation
of removal and conditional nonimmigrant status within one year after the later
of: (1) earning a high school diploma or general education development
certificate in the United States; or (2) the effective date of related interim
regulations required under this Act.
Requires, prior to cancellation of removal
or granting of conditional nonimmigrant status: (1) an alien to submit biometric
and biographic data (with an alternative procedure for reasons of physical
impairment); and (2) completion of security and law enforcement background
checks.
Requires an alien applying for relief to:
(1) register under the Military Selective Service Act if so required; and (2)
undergo a medical examination.
Treats, with an exception
for exceptional circumstances, a departure from the United States for more than
90 days or for any periods in the aggregate exceeding 180 days as a failure to
maintain continuous U.S. presence.
Directs the Secretary to issue initial,
interim, and final regulations.
Prohibits the Secretary from removing an
alien with a pending application who establishes prima facie eligibility for
cancellation of removal and conditional nonimmigrant status.
(Sec. 7) Establishes an initial five-year
period of conditional nonimmigrant status which shall provide for employment and
specified travel authorization.
Terminates such status if the alien: (1)
becomes a public charge; (2) receives a dishonorable or other than honorable
military discharge; or (3) ceases to be a person of good moral character,
becomes inadmissible or deportable under the terms of this Act, has participated
in racial, religious, social, or political persecution, or has been convicted of
certain federal or state offenses. (Returns an alien to his or her previous
immigration status upon such termination.)
Extends such conditional status for an
additional five-year period if the alien: (1) has demonstrated good moral
character during the entire period of conditional status; (2) is not
inadmissible or deportable under the terms of this Act, has not participated in
racial, religious, social, or political persecution, and has not been convicted
of certain federal or state offenses; (3) has not abandoned U.S. residency; (4)
has earned an IHE degree (or has completed at least two years in a bachelor's or
higher degree program) in the United States, or has served in the Armed Forces
for at least two years (or if discharged, was honorably discharged); and (5) has
provided a list of each elementary school attended in the United States.
Authorizes, and sets forth the criteria for,
a hardship exception to such extension requirements.
Provides for a $2,000 extension application
surcharge (in addition to other applicable application fees).
(Sec. 8) Authorizes a conditional
nonimmigrant to file an application to adjust his or her status to that of an
alien lawfully admitted for permanent residence. Requires such application to be
filed during the period beginning 1 year before and ending on either the date
that is 10 years after the date of the granting of initial conditional
nonimmigrant status or any other expiration date as extended by the Secretary.
Requires such application to show that the
alien: (1) has demonstrated good moral character during the entire period of
conditional nonimmigrant status; (2) is not inadmissible or deportable under the
terms of this Act, has not participated in racial, religious, social, or
political persecution, and has not been convicted of certain federal or state
offenses; (3) has not abandoned U.S. residency; and (4) if granted a hardship
exception with respect to extension of conditional status, has subsequently
complied with the appropriate requirements.
Requires an alien, prior to adjusting from
conditional to permanent resident status, to: (1) satisfy citizenship (with an
exception for physical or mental impairment) and federal tax requirements; (2)
submit biometric and biographic data (with an exception for physical
impairment); and (3) have had security and law enforcement background checks
completed.
Authorizes an alien who adjusts to permanent
resident status (and meets other specified requirements) to apply after three
years in such status for naturalization.
(Sec. 9) Authorizes: (1) the Secretary to
cancel removal and grant conditional nonimmigrant status to an alien who has
satisfied the conditional status requirements prior to enactment of this Act;
and (2) an alien who has met the appropriate requirements during the entire
period of conditional nonimmigrant status to apply for permanent resident
status.
(Sec. 10) Sets forth areas of jurisdiction
under this Act for the Secretary and the Attorney General.
Directs the Attorney General to: (1) stay
the removal of certain aliens who are at least 12 years old and who are
full-time elementary or secondary students; and (2) lift such stay if an alien
is no longer enrolled in a primary or secondary school or ceases to meet the
appropriate requirements.
(Sec. 11) Provides fine and/or imprisonment
penalties for false application statements.
(Sec. 12) Sets forth: (1) the prohibited
uses of information furnished pursuant to an application under this Act; (2) the
required disclosure of certain coroner, law enforcement, or security information
furnished under this Act or derived from such information; and (3) related
penalties for violations of such provisions.
(Sec. 13) Makes an alien who is granted
conditional nonimmigrant status or lawful permanent resident status under this
Act eligible only for the following assistance under title IV of the Higher
Education Assistance Act of 1965: (1) student loans; (2) federal work-study
programs; and (3) student services.
(Sec. 14) Considers an individual granted
conditional nonimmigrant status under this Act lawfully present for all
purposes, except: (1) premium tax credits under the Internal Revenue Code; and
(2) health plan reduced cost sharing under the Patient Protection and Affordable
Care Act.
Considers an individual who has met the
requirements under this Act for adjustment from conditional nonimmigrant status
to lawful permanent resident status to have completed the five-year period
required for certain public assistance eligibility pursuant to the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996.
(Sec. 15) Includes conditional nonimmigrants
among those persons who may be enlisted in the Armed Forces.
(Sec. 16) Directs the Government Accountability Office (GAO) to report to Congress respecting the number of aliens adjusted under this Act.
H.R.6327
Latest Title:
Citizenship and Service Act of 2010
Sponsor:
Rep Djou, Charles K. [HI-1] (introduced 9/29/2010) Cosponsors (None)
Related Bills:
H.R.1751, H.R.6497, S.729, S.3827, S.3962, S.3963, S.3992
Latest Major Action: 11/18/2010 Referred to House subcommittee.
Status: Referred to the Subcommittee on Higher Education, Lifelong Learning, and
Competitiveness.
SUMMARY AS OF:
9/29/2010--Introduced.
Citizenship and Service Act of 2010 -
Authorizes the Secretary of Homeland Security (DHS) to cancel the removal of,
and adjust to conditional permanent resident status, an alien who: (1) entered
the United States prior to his or her sixteenth birthday, and has been present
in the United States for at least five years immediately preceding enactment of
this Act; (2) is a person of good moral character; (3) is not inadmissible or
deportable under specified grounds of the Immigration and Nationality Act; and
(4) at the time of application, has been admitted to an institution of higher
education, or has earned a high school or general education diploma in the
United States.
Authorizes: (1) the Secretary to adjust the
status of an alien who has met such conditions prior to enactment of this Act to
conditional permanent resident status; and (2) such alien to petition the
Secretary for permanent resident status at the end of the conditional residence
period.
Sets forth the conditions for conditional
permanent resident status, including: (1) termination of status for violation of
this Act; and (2) removal of conditional status to permanent status.
Sets forth provisions respecting: (1)
exclusive jurisdiction; (2) penalties for false application statements; (3)
confidentiality; (4) fee prohibitions for expedited application processing;
and (5) a Government Accountability Office (GAO) report respecting the
number of aliens adjusted under this Act.
H.R.6497
Latest Title:
Development, Relief, and Education for Alien Minors Act of 2010
Sponsor:
Rep Berman, Howard L. [CA-28] (introduced 12/7/2010) Cosponsors
(1)
Related Bills:
H.R.1751, H.R.6327, S.729, S.3827, S.3962, S.3963, S.3992
Latest Major Action: 12/13/2010 Referred to House subcommittee.
Status: Referred to the Subcommittee on Management, Investigations, and
Oversight.
SUMMARY AS OF:
12/7/2010--Introduced.
Development, Relief, and Education for Alien
Minors Act of 2010 or DREAM Act of 2010 - Authorizes the Secretary of Homeland
Security (DHS) to cancel the removal of, and adjust to conditional nonimmigrant
status, an alien who: (1) entered the United States before his or her 16th
birthday and has been present in the United States for at least five years
immediately preceding this Act's enactment; (2) is a person of good moral
character; (3) is not inadmissible or deportable under specified grounds of the
Immigration and Nationality Act; (4) has not participated in the persecution of
any person on account of race, religion, nationality, membership in a particular
social group, or political opinion; (5) has not been convicted of certain
offenses under federal or state law; (6) has been admitted to an institution of
higher education (IHE) or has earned a high school diploma or general education
development certificate in the United States; (7) has never been under a final
order of exclusion, deportation, or removal unless the alien has remained in the
United States under color of law after such order's issuance, or received the
order before attaining the age of 16; and (8) was under age 30 on the date of
this Act's enactment.
Authorizes the Secretary to waive specified
grounds of inadmissibility or deportability for humanitarian, family unity, or
public interest purposes.
Provides for a $525 application surcharge
(in addition to other applicable application fees).
Requires an alien to apply for cancellation
of removal and conditional nonimmigrant status within one year after the later
of: (1) earning a high school diploma or general education development
certificate in the United States; or (2) the effective date of related interim
regulations.
Requires prior to cancellation of removal or
granting of conditional nonimmigrant status: (1) an alien to submit biometric
and biographic data; and (2) completion of security and law enforcement
background checks.
Requires an alien applying for relief to:
(1) register under the Military Selective Service Act if so required; and (2)
undergo a medical examination.
Prohibits the Secretary from removing an
alien with a pending application who establishes prima facie eligibility for
cancellation of removal and conditional nonimmigrant status.
Establishes an initial five-year period of
conditional nonimmigrant status which shall include employment authorization.
Terminates such status if the alien: (1) becomes a public charge; (2) receives a
dishonorable or other than honorable military discharge; or (3) ceases to be a
person of good moral character, becomes inadmissible or deportable under
specified grounds, has participated in racial, religious, social, or political
persecution, or has been convicted of certain federal or state offenses.
Extends such conditional status for an
additional five-year period if the alien: (1) has demonstrated good moral
character; (2) is not inadmissible or deportable under specified grounds, has
not participated in racial, religious, social, or political persecution, and has
not been convicted of certain federal or state offenses; (3) has not abandoned
U.S. residency; (4) has earned an IHE degree (or has completed at least two
years in a bachelor's or higher degree program) in the United States, or has
served in the Armed Forces for at least two years (or if discharged, was
honorably discharged); and (5) has provided a list of each elementary school
attended in the United States.
Authorizes, and sets forth the criteria for,
a hardship exception to such extension requirements.
Provides for a $2,000 extension application
surcharge (in addition to other applicable application fees).
Authorizes a conditional nonimmigrant to
file an application to adjust his or her status to that of an alien lawfully
admitted for permanent residence. Requires such application to be filed during
the period beginning 1 year before and ending on either the date that is 10
years after the date of the granting of initial conditional nonimmigrant status
or any other expiration date as extended by the Secretary.
Requires such application to show that the
alien: (1) has demonstrated good moral character; (2) is not inadmissible or
deportable under specified grounds, has not participated in racial, religious,
social, or political persecution, and has not been convicted of certain federal
or state offenses; (3) has not abandoned U.S. residency; and (4) if granted a
hardship exception with respect to extension of conditional status, has
subsequently complied with the appropriate requirements.
Requires an alien, prior to adjusting from
conditional to permanent resident status, to: (1) satisfy citizenship and
federal tax requirements; (2) submit biometric and biographic data; and (3) have
had security and law enforcement background checks completed.
Authorizes an alien who adjusts to permanent
resident status (and meets other specified requirements) to apply after three
years in such status for naturalization.
Authorizes: (1) the Secretary to cancel
removal and grant conditional nonimmigrant status to an alien who has satisfied
the conditional status requirements prior to enactment of this Act; and (2) an
alien who has met the appropriate requirements during the entire period of
conditional nonimmigrant status to apply for permanent resident status.
Sets forth provisions regarding: (1)
jurisdiction of the Secretary and the Attorney General; (2) penalties for
false application statements; (3) confidentiality of information; (4) higher
education assistance; (5) military enlistment; and (6) a Government
Accountability Office (GAO) report respecting the number of aliens adjusted
under this Act.
S.3963
Latest Title: Development, Relief, and Education for Alien Minors Act
of 2010
Sponsor:
Sen Durbin, Richard [IL] (introduced 11/17/2010) Cosponsors
(2)
Related Bills:
H.R.1751, H.R.6327, H.R.6497, S.729, S.3827, S.3962, S.3992
Latest Major Action: 11/18/2010 Read the second time. Placed on
Senate Legislative Calendar under General Orders. Calendar No. 645.
SUMMARY AS OF:
11/17/2010--Introduced.
Development, Relief, and Education for Alien
Minors Act of 2010 or DREAM Act of 2010 - Authorizes the Secretary of Homeland
Security (DHS) to cancel the removal of, and adjust to conditional permanent
resident status, an alien who: (1) entered the United States before his or her
16th birthday and has been present in the United States for at least five years
immediately preceding this Act's enactment; (2) is a person of good moral
character; (3) is not inadmissible or deportable under specified grounds of the
Immigration and Nationality Act; (4) has been admitted to an institution of
higher education (IHE) or has earned a high school or equivalent diploma; (5)
from the age of 16 and older, has never been under a final order of exclusion,
deportation, or removal; and (6) was under age 30 on the date of this Act's
enactment.
Requires aliens to apply for such adjustment
of status within one year of being admitted to an IHE or earning a high school
or equivalent diploma.
Sets forth conditions for maintaining such
status and having its conditional basis removed.
Authorizes: (1) the Secretary to adjust the
status of an alien who has met such conditions prior to enactment of this Act to
conditional permanent resident status; and (2) such alien to petition the
Secretary for permanent resident status at the end of the conditional residence
period.
Provides for: (1) exclusive
jurisdiction; (2) penalties for false application statements; (3)
confidentiality; (4) higher education assistance; and (5) a Government
Accountability Office (GAO) report respecting the number of aliens adjusted
under this Act.
S.3962
Latest Title: Development, Relief, and Education for Alien Minors Act
of 2010
Sponsor:
Sen Durbin, Richard [IL] (introduced 11/17/2010) Cosponsors
(2)
Related Bills:
H.R.1751, H.R.6327, H.R.6497, S.729, S.3827, S.3963, S.3992
Latest Major Action: 11/18/2010 Read the second time. Placed on
Senate Legislative Calendar under General Orders. Calendar No. 644.
SUMMARY AS OF:
11/17/2010--Introduced.
Development, Relief, and Education for Alien
Minors Act of 2010 or DREAM Act of 2010 - Authorizes the Secretary of Homeland
Security (DHS) to cancel the removal of, and adjust to conditional permanent
resident status, an alien who: (1) entered the United States before his or her
16th birthday and has been present in the United States for at least five years
immediately preceding this Act's enactment; (2) is a person of good moral
character; (3) is not inadmissible or deportable under specified grounds of the
Immigration and Nationality Act; (4) has been admitted to an institution of
higher education (IHE) or has earned a high school or equivalent diploma; (5)
from the age of 16 and older, has never been under a final order of exclusion,
deportation, or removal; and (6) was under age 35 on the date of this Act's
enactment.
Requires aliens to apply for such adjustment
of status within one year of being admitted to an IHE or earning a high school
or equivalent diploma.
Sets forth conditions for maintaining such
status and having its conditional basis removed.
Authorizes: (1) the Secretary to adjust the
status of an alien who has met such conditions prior to enactment of this Act to
conditional permanent resident status; and (2) such alien to petition the
Secretary for permanent resident status at the end of the conditional residence
period.
Provides for: (1) exclusive
jurisdiction; (2) penalties for false application statements; (3)
confidentiality; (4) higher education assistance; and (5) a Government
Accountability Office (GAO) report respecting the number of aliens adjusted
under this Act.