H.R. 4393 — Dignity for Immigrants while Guarding our Nation to Ignite and Deliver the American Dream Act of 2025

This section revises Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), which requires barriers and related infrastructure along the U.S. border (primarily the southwest border) to deter illegal entry, as follows: (1) requires the Secretary of Homeland Security to design, construct, deploy, and maintain physical barriers, tactical infrastructure (i.e., roads, lighting, cameras, sensors), and technology in high traffic areas to achieve situational awareness and operational advantage and to deter, impede, and detect illegal activity (expanding from prior requirements focused on fencing and roads); (2) mandates deployment of the most practical and effective such measures, with consultations to minimize impacts on the environment, culture, commerce, and communities and without affecting eminent domain authority; (3) directs incorporation of safety features to protect border agents; (4) expands the Secretary's waiver authority over all legal requirements necessary for expeditious execution and maintenance, effective upon Federal Register publication, with notification to specified congressional committees within seven days; and (5) adds requirements to prioritize and deploy the most effective technology and provides definitions for advanced unattended surveillance sensors, high traffic areas, and operational advantage.

This section requires U.S. Customs and Border Protection's (CBP) Air and Marine Operations (AMO)—which provides aviation and maritime surveillance, interdiction, and response capabilities along U.S. borders and in the transit zone—to conduct not fewer than 95,000 flight hours annually and to operate unmanned aircraft systems along the southern border for at least 24 hours per day, seven days per week, after coordination with the Federal Aviation Administration (FAA). It further directs the CBP Commissioner to (1) prioritize AMO missions supporting U.S. Border Patrol border activities and Joint Interagency Task Force South operations in the transit zone; (2) require Border Patrol Sector Chiefs to identify mission-critical air support hours, with AMO providing primary support for those requests; and (3) contract for any unfulfilled mission-critical hours. The section designates the U.S. Border Patrol Chief as the executive agent for CBP's use of small unmanned aircraft systems to address unmet flight-hour needs and enhance situational awareness and operational control—coordinating flight operations with the FAA and AMO's Executive Assistant Commissioner, including processes to incorporate small unmanned aircraft system data into "got away" statistics (i.e., detected unlawful entrants who evaded apprehension)—and makes conforming amendments to current law (6 U.S.C. 211(e)(3)). It includes a savings clause preserving FAA and Department of Transportation authority over airspace and aviation safety and defines key terms by cross-reference to existing law.

This section establishes a National Border Security Advisory Committee to advise the Secretary of Homeland Security on border security matters—including verifying security claims and metrics under 6 U.S.C. 223 (i.e., metrics on situational awareness, got-aways, and other unlawful border activity) and improving security in high-traffic areas along the northern and southern borders—and to provide recommendations to Congress through the Secretary. The Secretary must consider the committee's information, advice, and recommendations in formulating border security policy. The committee consists of at least one member from each state who either (1) has at least five years of practical experience in border security operations or (2) lives and works in the United States within 80 miles of the southern or northern border. The Federal Advisory Committee Act (5 U.S.C. App.) does not apply.

This section requires the Secretary of Homeland Security to submit to the House Committee on Homeland Security and the Senate Committee on Homeland Security and Governmental Affairs (1) a Southern Border Threat Analysis not later than 180 days after enactment assessing terrorism and criminal threats, needed improvements at ports of entry, gaps in laws/policies/coordination, current percentages of situational awareness and operational advantage achieved by the Department along the southern border, and traveler crossing times and vulnerabilities from wait times—considering technology/personnel/infrastructure needs, law enforcement roles/coordination, terrain, and U.S.-Mexico agreements—and (2) a Northern Border Threat Analysis not later than 180 days after enactment. The section further requires the Chief of U.S. Border Patrol, not later than one year after enactment and every two years thereafter, to issue a Border Patrol Strategic Plan to enhance security along U.S. international borders that incorporates capability gap analyses, information dissemination and operational coordination efforts, situational awareness enhancements (including surveillance and aircraft), threat interdiction priorities, lessons from National Guard deployments, stakeholder input, staffing needs, research and development objectives, and training programs on document fraud, enforcement authorities, use of force, and vulnerable populations.

This section directs the Secretary of Homeland Security, in carrying out section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (as amended by section 1111), to ensure that technology deployed for border situational awareness and operational advantage is provided to frontline DHS officers and agents.

This section directs the Secretary of Homeland Security, in coordination with the Secretary of Commerce, to submit to the House Committee on Homeland Security and the Senate Committee on Homeland Security and Governmental Affairs, not later than 180 days after enactment, a report assessing standards and guidelines for managing Department of Homeland Security (DHS) ports of entry. The report must address (1) staffing levels and additional staffing needs; (2) rules governing Office of Field Operations (OFO) officers; (3) average delays at air, land, and sea ports of entry; (4) existing border security efforts and technologies, their effects on trade facilitation, and impacts on civil rights, private property rights, privacy rights, and civil liberties; (5) economic impacts of policies and practices by Customs and Border Protection (CBP) Agricultural Specialists and OFO personnel; (6) physical infrastructure and technological needs; (7) data on needs of geographically separate ports within the same U.S. Border Patrol sector; (8) a plan to increase OFO officers certified as emergency medical technicians and medical professionals at land ports of entry; and (9) a plan to increase access to land ports of entry for asylum seekers, trafficking victims, unaccompanied minors, and other vulnerable populations. This section further directs the Secretary of Homeland Security to submit to the same committees, not later than 180 days after enactment, a report assessing instances of "port running" (i.e., departing the United States before traveler inspections conclude) and including recommendations for security enhancements such as traffic barricades.

This section establishes an independent Department of Homeland Security Border Oversight Commission composed of 30 members appointed by congressional leaders in consultation with the President, with expertise in migration, crime, civil rights, community relations, trade, or quality-of-life indicators. Of the members, 13 represent the northern border region (forming a northern border subcommittee with specified representation including 2 local officials, 2 law enforcement officials, 2 civil rights advocates, 1 business representative, 1 higher education representative, 1 faith community representative, 2 Border Patrol officers or agents, and 2 tribal officials) and 17 represent the southern border region (forming a southern border subcommittee with specified representation including 3 local officials, 3 law enforcement officials, 3 civil rights advocates, 2 business representatives, 1 higher education representative, 1 faith community representative, 2 Border Patrol officers or agents, and 2 tribal officials); all members and the elected Chair and Vice Chair serve 4-year terms, with initial appointments due within 180 days of enactment. The Commission meets semiannually and subcommittees quarterly; duties include developing recommendations to improve border enforcement policies, strategies, and programs with consideration for border communities; evaluating federal agency policies along U.S. borders to protect due process, civil and human rights of residents and visitors, private property rights, reduce migrant deaths, and enhance safety for Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) agents and officers; and assessing training for supervisory and management personnel to promote workforce development, field safety, and post-Federal Law Enforcement Training Center training. Subcommittees submit annual public reports to the Commission, members receive no federal pay, the Commission may hold hearings, and the provision does not affect CBP, ICE, or Department of Homeland Security investigative or disciplinary procedures.

This section establishes training and continuing education requirements for U.S. Customs and Border Protection (CBP) agents and officers by amending specified provisions of section 411 of the Homeland Security Act of 2002 (6 U.S.C. 211). It requires (1) a minimum of 21 weeks of mission-related training—covering U.S. Border Patrol, Air and Marine, and Office of Field Operations—prior to initial assignment; (2) consultation with the Federal Law Enforcement Training Centers director to develop guidelines and curriculum; (3) at least eight hours of annual continuing education on federal legal rulings, court decisions, and department policies; and (4) leadership training courses for mid- and senior-level supervisors, to be developed within one year of enactment and required within one year of assuming supervisory duties. It further requires the CBP Commissioner to submit a report on the guidelines and curriculum to specified congressional committees within 180 days of enactment and the Comptroller General to assess the training program and report to the same committees within four years of enactment.

This section authorizes the Commissioner of U.S. Customs and Border Protection to hire and train U.S. Border Patrol Processing Coordinators to (1) perform administrative tasks related to intake and processing of individuals apprehended by U.S. Border Patrol agents, where necessary; (2) transport individuals in Border Patrol custody, where necessary; and (3) perform custodial watch duties for such individuals, including those admitted to a hospital. The section prohibits these coordinators from arresting or detaining persons under INA §§235, 236, or 287(a) (8 U.S.C. §§1225, 1226, 1357(a)) or conducting credible fear interviews under INA §235(b)(1)(B) (8 U.S.C. §1225(b)(1)(B)); requires tailored training developed in coordination with the Chief of the U.S. Border Patrol and in consultation with the Director of the Federal Law Enforcement Training Centers; and authorizes hiring of associated professional support staff.

This section directs the Office of Personnel Management (OPM), not later than 180 days after enactment, to establish special rates under 5 U.S.C. §5305—including increasing the minimum rate of pay for GS-12 United States Border Patrol agents (i.e., Customs and Border Protection personnel who patrol U.S. borders between ports of entry) by not less than 14 percent and increasing rates for other grades, levels, occupational groups, series, classes, or subdivisions as determined by the Secretary of Homeland Security; to harmonize pay levels, incentives, and overtime scales with CBP officers (i.e., personnel at ports of entry) to ensure Border Patrol agents receive greater or equal pay; and to make corresponding increases across affected pay ranges. The section makes inapplicable agency heads' discretion under 5 U.S.C. §5305(a)(2) to exclude categories of employees from these special rates. (Thus, all Border Patrol agents are covered.)

This section authorizes the Body Worn Camera Pilot Program for the Department of Homeland Security, as directed in H. Rept. 116-458 accompanying the FY2021 appropriations act, for five fiscal years after enactment.

This section establishes limitations on immigration enforcement actions (i.e., arrests, searches, service of subpoenas or notices to appear) by U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) officers in or near protected areas, which include schools, hospitals and medical facilities, places of worship, child gathering places, social services providers, disaster assistance sites, funeral and wedding venues, ongoing parades or rallies, and courthouses. The limitations do not apply (1) with prior written approval from the ICE Director or CBP Commissioner (or designee) or (2) under exigent circumstances, such as national security threats, hot pursuit of public safety or border-crossing threats, imminent risk of death, violence, harm, or evidence destruction, or lack of a safe alternative location. When acting in protected areas, officers must minimize effects by using non-public areas, limiting time and scope to the subject; exigent actions require prompt reporting to agency leadership, and the Secretary of Homeland Security must issue guidance on the physical distance constituting "in or near" such areas. (As background, these restrictions apply to powers under INA §287(a), which authorize immigration officers to interrogate suspected aliens, arrest for immigration violations or certain felonies without warrants under specified conditions, search vehicles near borders, and arrest for federal offenses while enforcing immigration laws.)

This section authorizes the Administrator of General Services, subject to 40 U.S.C. 3307 (which requires congressional committee approval via resolution for appropriations exceeding $1.5 million for public building construction or acquisition, $1.5 million average annual rental for leases, or $750,000 for alterations of leased space), to construct new ports of entry along the U.S. northern and southern borders at locations determined by the Secretary of Homeland Security following required consultations with specified federal agencies, state and local governments, Indian tribes, and property owners to minimize adverse environmental, cultural, commercial, and quality-of-life impacts. The section further directs the Administrator, in coordination with the Secretary and also subject to 40 U.S.C. 3307, to expand or modernize high-priority southern border ports of entry to reduce wait times and enhance security and requires such expansions and modernizations to be completed to the extent practicable before any new port construction. The section includes savings provisions clarifying that it creates no rights of action or liabilities, does not affect property transfers or eminent domain authority, and provides no new real property authorities to the Secretary.

This section states a congressional finding of personnel constraints at land ports of entry for sanitary and phytosanitary inspections of exported goods. It expresses the sense of Congress that U.S. agencies and departments should cooperate—through memoranda of understanding, certification processes authorizing additional agent hours, or cross-designations—to expedite legitimate trade in perishable goods consistent with Department of Agriculture rules.

This section establishes in the Treasury the Immigration Infrastructure and Debt Reduction Fund, to be funded by amounts equivalent to taxes under section 2304 of division B of the Dignity for Immigrants while Guarding our Nation to Ignite and Deliver the American Dream Act paid by aliens and participants in the Dignity Program under title III of that division. Amounts in the fund are available to carry out that Act and its amendments, with remaining amounts returned to the Treasury for national debt reduction. This section further directs 50% of premium processing fees collected under INA §201(b)(1) (8 U.S.C. §1151(b)(1)), as amended by section 3201 of the DIGNIDAD Act of 2025, to the Immigration Examinations Fee Account (IEFA) to process immigration benefit requests and authorizes employers or private entities to contribute partial or full amounts of such fees.

This section establishes a new criminal offense in 18 U.S.C. § 1510(f) prohibiting any person from knowingly transmitting, by any means, the location, movement, or activities of a federal, state, local, or tribal law enforcement officer or agent to another person with intent to aid and abet violations of the immigration laws (as defined in INA § 101), the Controlled Substances Act, the Controlled Substances Import and Export Act, or offenses relating to agriculture or monetary instruments. (Thus, violators are subject to a fine under title 18, U.S. Code, imprisonment for not more than 10 years, or both.)

This section amends the Immigration and Nationality Act to strengthen penalties for alien smuggling and aiding inadmissible aliens as follows: (1) revises the civil penalty provision for bringing unauthorized aliens to the United States at non-designated ports of entry to cover those who knowingly attempt or conspire to do so (previously, attempts to bring); (2) establishes a new criminal sentence enhancement of up to 10 years for persons bringing aliens into the United States in violation of law if they used, carried, or possessed a firearm at the time of or in furtherance of the offense; (3) expands criminal prohibitions on aiding or assisting certain inadmissible aliens (i.e., public charges or unlawfully present aliens) to enter the United States to include attempts to aid or assist; and (4) establishes a new criminal sentence enhancement of up to 10 years under that provision for firearm use, carry, or possession.

This section directs the Secretary of Homeland Security, in coordination with the heads of appropriate federal agencies, to develop a regularly updated intelligence-driven analysis that includes (1) migrant perceptions of U.S. law and policy at the border, including human smuggling organization messaging and propaganda; (2) tactics, techniques, and procedures used by human smuggling organizations to exploit border security vulnerabilities; (3) methods and use of technology to organize and encourage irregular migration and undermine border security; and (4) any other information the Secretary determines appropriate.

This section comprehensively revises INA §276 (8 U.S.C. 1326), which criminalizes reentry (including crossing the border free from official restraint or being found in the United States) by aliens previously denied admission, excluded, deported, removed, or who departed under a removal order. It increases the general maximum penalty to imprisonment for not more than 10 years (from 2 years), with an exception for aliens who obtained express consent from the Secretary of Homeland Security to reapply for admission (or were not required to do so). For aliens removed after certain convictions, it establishes tiered maximum penalties as follows: (1) 15 years for 3 or more misdemeanors or any felony (previously 10 years for 3+ misdemeanors involving drugs/crimes against the person or a non-aggravated felony); (2) 20 years for a felony with a sentence of at least 30 months; (3) 25 years for a felony with a sentence of at least 60 months (previously 20 years for an aggravated felony); and (4) 30 years for murder, rape, kidnapping, peonage/slavery/terrorism felonies, or 3 or more felonies of any kind. It adds a new maximum penalty of 20 years for reentry after 3 or more prior removals (including denials of admission, exclusions, deportations, or stipulated removals). It requires prior convictions under the criminal tiers to be alleged in the indictment and proven beyond a reasonable doubt (or admitted). It adds that aliens removed under INA §241(a)(4) prior to completing their imprisonment term must serve the remainder of that sentence upon reentry (without parole or supervised release reductions) unless the Secretary consents, in addition to other penalties. It adds definitions of "crosses the border," "official restraint," "felony," "misdemeanor," "removal," and "State."

This section expands visa ineligibility under INA sec. 212(a)(2)(C)(ii) for spouses, sons, or daughters of drug traffickers and under sec. 212(a)(2)(H)(ii) for those of money launderers to include former such relatives (previously limited to current relatives only).

This section (1) requires applicants for immigrant visas to provide DNA evidence of family relationships when deemed necessary by a consular officer or immigration official, and authorizes the Secretary of Homeland Security and the Secretary of State, in consultation, to issue regulations requiring such evidence for applicants in certain visa classifications; and (2) directs the Secretary of Homeland Security to certify to specified congressional committees, not later than 90 days after enactment, that U.S. Customs and Border Protection (CBP) fully complies with the DNA Fingerprint Act of 2005 (P.L. 109-162) at all border facilities processing adults, including as part of family units.

This section revises subsection (b) of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a(b)) to establish an employment eligibility verification process (i.e., Form I-9 requirements) for persons or entities hiring, recruiting, or referring individuals for employment in the United States. During a specified verification period, the person or entity must attest under penalty of perjury—after examining documents and recording the individual's Social Security account number, U.S. passport number, or specified DHS number—that the individual is not an unauthorized alien; acceptable documents include (1) List A documents evidencing both employment authorization and identity such as an unexpired U.S. passport, permanent resident card with photo, employment authorization card with photo, certain foreign passports with Form I-94, FSM/RMI passports with Form I-94, or other DHS-designated documents with photo, biometrics, and security features; (2) List C documents evidencing employment authorization such as an unrestricted Social Security card; and (3) List B documents establishing identity such as a state-issued driver's license or ID with photo, U.S. military ID, Native American tribal ID, or—for individuals under 18—a parent or guardian's attestation. The individual must separately attest under penalty of perjury to U.S. citizenship/nationality, lawful permanent residence, or work authorization, with forms retained in paper, microfiche, microfilm, or electronic format. The Secretary of Homeland Security may regulate form designation (within six months of Legal Workforce Act enactment), prohibit unreliable or fraudulent documents, and allow electronic or handwritten signatures.

This section revises the employment eligibility verification system under section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)) by requiring the Secretary of Homeland Security to establish and administer—potentially through a nongovernmental designee—a system patterned on the 1996 basic pilot program that responds to inquiries, made via toll-free telephone or electronic media, on an individual's identity and employment authorization. The system provides an initial confirmation or tentative nonconfirmation within 3 working days (with a code); for tentative nonconfirmations, a secondary process yields final confirmation or nonconfirmation within 10 working days (extendable once by 10 working days on a case-by-case basis, with notice and public process description). The system must be designed for reliability, ease of use, privacy protections, anti-discrimination safeguards (e.g., against selective use or pretextual exclusions), identity theft prevention, and verification limited to newly hired, referred, or recruited individuals; certain existing or prospective employees; or voluntary self-checks. (As background, the system—commonly known as E-Verify—enables employers to electronically verify prospective employees' work eligibility against Social Security Administration and Department of Homeland Security records.) It further specifies responsibilities of the Commissioner of Social Security (to validate names and Social Security numbers within required time frames, with limited disclosure) and the Secretary (to validate noncitizen data).

This section amends INA §274A(a) (8 U.S.C. 1324a(a)) to broaden unlawful employment practices by (1) removing the "for a fee" requirement from the prohibition on recruiting or referring for employment a known unauthorized alien; (2) expanding the prohibition on hiring, recruiting, or referring for employment without complying with employment eligibility verification requirements (i.e., Form I-9 processes under subsection (b)) to expressly include continuing to employ such individuals and to apply to all persons or entities (previously limited to agricultural employers, associations, and farm labor contractors for recruiting or referring); and (3) revising the continuing-employment prohibition to apply after complying with paragraph (1) generally (from after hiring in accordance with paragraph (1)). It further adds definitions of "recruit" and "refer" to INA §274A(h)(5), limiting their application generally to persons or entities acting for remuneration (e.g., retainer or contingency basis) but including union hiring halls referring members or dues-paying nonmembers and all labor service entities or agencies facilitating hiring by third parties. The amendments take effect one year after enactment, except those relating to continuation of employment, which take effect six months after enactment.

This section revises the good faith defense available to employers under the employment eligibility verification requirements of the Immigration and Nationality Act (8 U.S.C. 1324a(a)(3)). (As background, the provision prohibits hiring or continuing to employ unauthorized aliens and requires Form I-9 verification of identity and work eligibility; E-Verify is a voluntary (in most cases) internet-based system under subsection (d) to confirm work authorization.) The revision provides that an employer who complies in good faith with verification requirements (1) is not liable to job applicants, employees, or governments under federal, state, or local criminal or civil law for employment-related actions taken in good-faith reliance on E-Verify information and (2) is deemed to have met obligations under paragraphs (a)(1)(A)-(B) and subsection (b) unless the Secretary of Homeland Security proves by clear and convincing evidence that the employer knew the employee was unauthorized (previously, good faith compliance with subsection (b) provided only an affirmative defense to violations of paragraph (a)(1)(A)). It further (1) treats an employer's use of reasonable, secure technology to authenticate new employee identity as a mitigating factor in determining good faith E-Verify use and (2) limits the defense's availability if the employer fails to timely seek or obtain E-Verify confirmation, with an exception allowing qualification if system nonresponses prevent timely inquiry until the next available business day. (Thus, the changes expand employer protections, raise DHS's evidentiary burden, incentivize E-Verify use and identity tech, and condition the defense on active verification attempts.)

This section revises the preemption provision (8 U.S.C. 1324a(h)(2)) to establish a single national policy that preempts any state or local law, ordinance, policy, or rule—including any criminal or civil fine or penalty structure—related to the hiring, continued employment, or employment eligibility verification of unauthorized aliens. It authorizes states, localities, municipalities, or political subdivisions to (1) impose business licensing penalties for an employer's failure to use the employment eligibility verification system (i.e., E-Verify) as required under current law and (2) enforce this section at their own cost by following federal regulations, applying the federal penalty structure, and complying with all federal rules and guidance—allowing states to collect fines, prohibiting dual federal-state enforcement (including audits or investigations) for the same violation, granting the first initiator (federal agency or state) the right of first refusal, and requiring the Secretary to share all federal guidance, training, and instructions with states.

This section repeals Subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (i.e., the Basic Pilot Program, a voluntary employment eligibility confirmation system available to employers in designated states), effective 30 months after enactment. It deems all references in federal law or documents to that system to instead refer to the employment eligibility confirmation system under section 274A(d) of the Immigration and Nationality Act, as amended by section 1403 of this Act, and makes a conforming clerical amendment to the IIRIRA table of sections.

This section amends civil and criminal penalties for violations of employer sanctions under the Immigration and Nationality Act (8 U.S.C. 1324a), which prohibit hiring, recruiting, or continuing to employ unauthorized aliens and require Form I-9 employment eligibility verification. Specifically, it (1) transfers enforcement authority in subsection (e)(1) from the Attorney General/Immigration and Naturalization Service to the Secretary of Homeland Security/Department of Homeland Security; (2) in subsection (e)(4), increases civil penalties for hiring/recruitment/referral or contract labor violations to $2,500-$5,000 for first offenses (from $250-$2,000), $5,000-$10,000 for second offenses (from $2,000-$5,000), and $10,000-$25,000 for third or subsequent offenses (from $3,000-$10,000), authorizes additional remedial actions, and makes penalties subject to new paragraphs (10)-(12); (3) in subsection (e)(5), increases civil penalties for paperwork violations to $1,000 (from $100) with a maximum of $25,000 (from $1,000), makes penalties subject to new paragraphs (10)-(12), and treats failure to use the E-Verify system or submission of known false information as a violation equivalent to knowing hire under subsection (a)(1)(A); (4) adds to subsection (e) new paragraphs (10)-(13) establishing (10) good faith exemptions allowing waiver or reduction of penalties under paragraphs (4) and (5), (11) mitigation of penalties under paragraph (4) based on business size, (12) debarment authority for repeat violators of subsection (a)(1)(A) or (a)(2) or those convicted under the section from federal contracts/grants/cooperative agreements pursuant to Federal Acquisition Regulation procedures, and (13) an office to receive, investigate, and report on complaints from state/local governments regarding potential violations; and (5) amends the criminal penalty in subsection (f)(1) for patterns or practices of violations.

This section expands the scope of criminal penalties under 18 U.S.C. 1546(b) for fraud and misuse of identification documents to also include documents meant to establish work authorization (including the documents described in section 274A(b) of the Immigration and Nationality Act (i.e., those acceptable for Form I-9 employment eligibility verification)).

This section requires the Commissioner of Social Security and the Secretary of Homeland Security to enter into and maintain an agreement, effective not later than two years after enactment, under which DHS provides SSA funds for the full costs of SSA's responsibilities under the employment eligibility verification system (E-Verify) (8 U.S.C. 1324a(d)), including acquiring, installing, and maintaining equipment and systems attributable exclusively to those responsibilities and responding to individuals contesting tentative nonconfirmations. Funds are provided annually in advance on a quarterly basis using an agreed estimating methodology, with annual accounting and reconciliation reviewed by the SSA and DHS Inspectors General. (As background, E-Verify enables employers to confirm new hires' work authorization by verifying Social Security numbers against SSA records and immigration status against DHS records.) The section further provides that if no agreement is reached by October 1 of the applicable fiscal year, the prior agreement continues on an interim basis (as adjusted by the Office of Management and Budget for inflation and request volume), with notifications to specified House and Senate committees of the delay and quarterly status updates until resolved.

This section directs the Secretary of Homeland Security, in consultation with the Commissioner of Social Security, to establish three programs for the employment eligibility verification system (E-Verify) under section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)). The programs are (1) blocking social security account numbers subject to unusual multiple use or suspected identity fraud or misuse, unless the user proves legitimate ownership through secure procedures; (2) enabling victims of identity fraud and others to suspend or limit use of their social security account number, initially as a pilot program; and (3) enabling parents or legal guardians to suspend or limit use of a minor child's social security account number, initially as a pilot program.

This section requires an employer using the photo matching tool as part of the E-Verify system—DHS's internet-based program to confirm new hires' identity and employment eligibility against government records—to match the tool's photograph to both the photograph on the employee's identity or employment eligibility document and the employee's face.

This section directs the Secretary of Homeland Security, after consultation with the Commissioner of Social Security and the Director of the National Institute of Standards and Technology, to establish by regulation, not later than 24 months after enactment, at least two Identity Authentication Employment Eligibility Verification pilot programs (Authentication Pilots), each using a separate and distinct technology. The pilots provide identity authentication and employment eligibility verification for enrolled new employees and are available to any employer that elects to participate, with participating employers permitted to cancel after one year without prejudice to future participation. The Secretary must report findings on the pilots, including authentication technologies chosen, to the House and Senate Judiciary Committees not later than 12 months after the pilots commence.

This section directs the Inspector General of the Social Security Administration to complete, not later than one year after enactment, audits of three categories to uncover evidence of individuals not authorized to work in the United States: (1) workers disputing wages reported on their Social Security account number due to suspected use by another individual; (2) children's Social Security account numbers used for work purposes; and (3) employers with significant numbers of mismatched Social Security account numbers or names in wage reporting. The Inspector General must submit the audits to the House Committee on Ways and Means and the Senate Committee on Finance, whose chairmen will determine information to share with the Secretary of Homeland Security for investigating such unauthorized employment.

This section directs the Secretary of Homeland Security to establish not fewer than three humanitarian campuses, located in high-traffic sectors of U.S. Border Patrol along the southern land border, not later than 12 months after the effective date of this section. The campuses are to process and manage asylum seekers apprehended at the border, including (1) criminal history checks, identity verification, biometrics, medical screenings, asylum interviews, and credible fear determinations under INA §235 (8 U.S.C. 1225(b)) or reasonable fear determinations under INA §241(b)(3) (8 U.S.C. 1231(b)(3)); (2) coordination with federal entities and NGOs; (3) legal orientation and communication with counsel; and (4) issuance of immigration court documents. During such interviews, officers must consider prima facie eligibility for other relief, including withholding of removal, T or U nonimmigrant status, special immigrant juvenile status, family reunification via I-130 petition, or other bases. The campuses must include personnel from CBP, ICE, FEMA, USCIS, ORR, and other agencies; medical, social work, mental health, and child advocate staff; space for processing and recreation; hygiene supplies, clothing, and baby products; legal resources; and visitation/teleconferencing facilities at cost. Criminal checks must use FBI, state, and other databases. The Secretary may use campuses for disaster response or homeland security crises and accept private donations for migrant care. NGOs and private entities may access campuses for legal orientation, case management, and humanitarian assistance.

This section establishes expedited asylum determination procedures in a new section 208A of the Immigration and Nationality Act (INA) for aliens who enter the United States without lawful status after the date of enactment. Upon arrival at a humanitarian campus, such aliens receive a mandatory 72-hour rest period after initial processing, followed by initial screening within 15 days—including contact with legal counsel within the first week prior to a credible fear interview. For aliens passing credible fear screening, a secondary screening by a two-person panel of asylum officers occurs within 45 days of initial screening. (1) A positive credible fear determination is treated as an asylum application (or reasonable fear as withholding of removal or Convention Against Torture (CAT) protection, as applicable); (2) the panel votes independently to approve, deny, or refer complex/uncertain cases (or prima facie eligible relief under related provisions) to an immigration judge for a hearing under INA §240 (8 U.S.C. §1229a); approval requires both votes to approve, denial both to deny, and any disagreement or referral vote sends the case to a judge; (3) a written record is required, including facts, analysis, and notes; and (4) aliens have rights to counsel (at no government expense) and to examine/present evidence. Denials are subject to expedited appeal within 7 days by a different two-officer panel, using the same voting procedure and rights to counsel/evidence/arguments; limited judicial review applies except as specified. Additional officer review is available within 7 days for new evidence/law or changed country conditions, and vulnerable populations (e.g., pregnant/nursing women, those at risk of sexual/gender-based violence) may request it.

This section authorizes the establishment of up to three facilities in geographically diverse locations in the Western hemisphere (i.e., South America south of Panama's Darien Province, Central America, or a Caribbean Basin Security Initiative country) to offer (1) asylum prescreenings by asylum officers (possibly conducted virtually), (2) family reunification processes for unmarried sons and daughters under age 21 with a parent who has legal status in the United States, (3) consultations on legal work visas and other pathways to citizenship, and (4) information on regional economic opportunities near the facilities. This section further directs the Department of Homeland Security (DHS), in coordination with the Department of State and not later than 30 days after enactment, to initiate a Dominican Republic family reunification program that processes parole applications on a case-by-case basis for vetted individuals with approved Form I-130 petitions, prioritizing them in receipt-date order as received by U.S. Citizenship and Immigration Services prior to enactment. This section deems aliens released into the United States on an order of release on recognizance by U.S. Immigration and Customs Enforcement on or before January 31, 2023, as paroled for purposes of the Cuban Adjustment Act (Public Law 89-732). (Thus, such aliens may qualify for adjustment of status to lawful permanent resident after one year in the United States, subject to other eligibility requirements.)

This section directs the Secretary of Homeland Security to establish quality assurance procedures ensuring uniform questioning and recording, to the extent possible, during expedited removal proceedings under INA §235(b) (8 U.S.C. 1225(b)). It further requires, where practicable, that sworn or signed statements taken as part of such proceedings be accompanied by an interview recording; mandates use of a fluent interpreter unaffiliated with the alien's country of nationality when the interviewing officer lacks fluency in the alien's language; and requires audio or audiovisual recordings of expedited removal interviews to be included in the record of proceedings and considered as evidence in any further proceedings involving the alien.

This section terminates asylum status for any alien granted asylum under the Immigration and Nationality Act who returns to the country of such alien's nationality (or, if stateless, last habitual residence) within five years of the grant, absent changed country conditions, if the grant was based on persecution or well-founded fear thereof on account of race, religion, nationality, membership in a particular social group, or political opinion. The Secretary of Homeland Security may waive termination if a compelling reason for the return is established, either before departure or upon return; the provision does not apply to lawful permanent residents. This section also makes a conforming amendment to reference the new termination provision.

This section revises notice requirements and consequences for frivolous asylum applications by (1) requiring asylum applications to include a written warning of such consequences, (2) authorizing the Secretary of Homeland Security, in addition to the Attorney General, to provide required notices and determine frivolousness, (3) defining a frivolous application as one with knowingly fabricated material elements after the applicant had sufficient opportunity to clarify discrepancies, and (4) limiting permanent ineligibility for Immigration and Nationality Act benefits to cases where the alien received the written notice, while clarifying that such a finding does not preclude withholding of removal or Convention Against Torture protection.

This section modifies credibility determination standards to require consideration of statements made to, and investigative reports prepared by, immigration authorities and other government officials as relevant factors (1) in asylum eligibility decisions under INA §208(b)(1)(B)(iii) and (2) in applications for relief during removal proceedings under INA §240(c)(4)(C).

This section establishes penalties of a fine, imprisonment for up to 10 years (from 5 years under current law), or both for knowingly and willfully making materially false statements or using false documents in matters before the Secretary of Homeland Security or Attorney General pertaining to asylum under §208 of the Immigration and Nationality Act (INA) or withholding of removal under INA §241(b)(3). (As background, asylum and withholding of removal provide protection from removal to individuals fearing persecution; thus, this increases the maximum penalty for fraud in such proceedings.)

This section modifies the statute of limitations under 18 U.S.C. §3291 for specified immigration fraud offenses—violations of nationality and citizenship fraud provisions (18 U.S.C. §§1423-1428), passport fraud provisions (18 U.S.C. §§1541-1544), and conspiracies thereto—by (1) adding visa fraud under 18 U.S.C. §1546; and (2) extending the period to within 10 years after the fraud is discovered, in addition to 10 years after commission of the offense. (Thus, prosecution is timely if the indictment or information is instituted within 10 years of either event.)

This section amends the duties of the Commissioner of U.S. Customs and Border Protection (CBP) by requiring standard operating procedures for the detection, interdiction, inspection, processing, or transferring of alien children; and directs the following: (1) Requires the Secretary of Homeland Security to review and update regulations under 6 CFR part 115—setting standards to prevent, detect, and respond to sexual abuse and assault in DHS immigration holding facilities—within 270 days of enactment and every four years thereafter. (2) Prohibits DHS from preventing Members of Congress or their designated employees from entering migrant holding facilities for oversight or from making temporary modifications that alter observations, with no prior notice required for Members and 24 hours' advance notice permitted for designated employees. (3) Requires U.S. Immigration and Customs Enforcement (ICE) to update the Online Detainee Locator System every 24 hours. (4) Requires ICE, upon taking an individual into custody, to notify an immediate family member, relative, or designee of the facility location and any transfers (in-state or out-of-state); and to provide the detainee an opportunity to call such a contact prior to transfer and upon arrival at a new facility.

This section requires the Secretary of Health and Human Services (HHS), before placing an unaccompanied alien child with a sponsor, to conduct criminal history background checks—including collection of biometric samples analyzed via FBI checks, state repositories for listed residences, other databases, and Rapid DNA instruments—on the sponsor and each adult household member; prohibits such placement for individuals convicted of or on trial for specified offenses, including sex offenses (34 U.S.C. 20911), human trafficking (22 U.S.C. 7102), domestic violence (34 U.S.C. 12291(a)), child abuse (42 U.S.C. 5101 note), murder or manslaughter (18 U.S.C. 1111-1113), or receipt, distribution, or possession of child sexual abuse material (18 U.S.C. 2252); requires DHS to provide relevant data within 14 days and bars HHS from sharing biometrics or results with DHS for immigration enforcement; mandates well-being follow-up calls to the child and custodian at 30 days post-release and every 60 days thereafter until removal proceedings conclude, terminate, or the child turns 18; and requires sponsors to report address changes within seven days via an electronic system. The section further requires DHS to compile statistics on unaccompanied alien children, including average times from apprehension to master calendar and merits hearings (by fiscal year); appearance rates at those hearings and associated counsel representation percentages; and numbers of well-being calls by interval post-placement, including unsuccessful contacts.

This section establishes a new criminal offense at 18 U.S.C. §1041 prohibiting any person from fraudulently obtaining custody of an unaccompanied alien child (as defined in 6 U.S.C. §279(g)) through materially false statements or documents. It imposes penalties of a fine and imprisonment for not less than one year, increased to not less than 15 years if the primary purpose is to subject the child to sexually explicit activity or other exploitation.

This section directs the Director of U.S. Citizenship and Immigration Services (USCIS) to hire, train, and assign not fewer than 300 asylum officers to assist in expedited asylum determinations at humanitarian campuses established under section 1501.

This section establishes a new nonimmigrant status (W) for aliens who are prima facie eligible for asylum based on overwhelming evidence during an asylum prescreening at a facility in the Western Hemisphere. Admissions under this status are capped at the number of refugees authorized for the fiscal year.

This section amends INA §208 to establish a two-strike policy for aliens entering the United States at unauthorized locations: (1) the first unlawful entry (i.e., failure to enter at a designated port of entry) requires biometric logging by an agent and notification that asylum applications may only be made at a designated port of entry; (2) any subsequent unlawful entry subjects the alien to expedited removal under INA §235 (i.e., summary removal without a hearing unless the alien expresses a credible fear of persecution). The amendments take effect 30 days after enactment.

This section establishes a loan forgiveness program authorizing the Department of Homeland Security Secretary, in coordination with the Education Secretary, to forgive 75% of the eligible student loan obligation—limited to the portion attributable to a borrower's law school study and Juris Doctor degree—for attorneys who have completed at least four years of full-time employment providing legal services at a humanitarian campus established under section 437(a) of the Homeland Security Act of 2002 and are not in default on the loan. Forgiveness applies to qualifying loans under the Federal Family Education Loan (FFEL) program (part B of the Higher Education Act of 1965, excluding certain PLUS and consolidation loans), Direct Loan program (part D), or Federal Perkins Loan program (part E), via repayment assumption for FFEL loans or cancellation for Direct and Perkins loans.

This section establishes conditional lawful permanent resident status for certain aliens who entered the United States at 18 years of age or younger, have continuously resided in the United States since entry and been continuously physically present since January 1, 2021, satisfy specified education requirements (i.e., admission to higher education or career-technical education, obtaining a high school diploma or equivalent, or enrollment in such programs), and are not subject to criminal or national security bars. The section authorizes waivers of select inadmissibility grounds (i.e., health-related, misrepresentation, unlawful presence, or certain prior immigration violations); requires background checks, military selective service registration (if applicable), and an application fee of up to $1,140; and provides a streamlined process for Deferred Action for Childhood Arrivals (DACA) recipients meeting prior renewal terms. Aliens are ineligible if inadmissible under INA §212(a)(2) or (3) (i.e., criminal or security grounds); convicted of any felony (excluding state offenses tied solely to immigration status or minor traffic offenses); convicted of two or more misdemeanors (excluding simple cannabis possession or related non-prosecutable offenses and non-violent civil disobedience) not arising from the same incident; or convicted of domestic violence misdemeanor unless the alien demonstrates victim status (e.g., of domestic violence, sexual assault, stalking, child abuse, or neglect).

This section establishes the terms of conditional permanent resident status, including a 10-year validity period (extendable by the Secretary of Homeland Security) and eligibility for revocation if the alien ceases to meet requirements under section 2102(b)(1)(C). The section further requires the Secretary to provide notice of relevant provisions and removal requirements upon granting the status; limits revocation to cases with prior notice and a hearing opportunity; and directs that expiration or revocation results in reversion to the alien's prior immigration status.

This section directs the Secretary of Homeland Security to remove the conditional basis of permanent resident status—and grant lawful permanent resident status—for eligible aliens granted such status under this title who (1) are described in section 2102(b)(1)(C); (2) have not abandoned U.S. residence during the conditional period; and (3) have obtained a degree from an institution of higher education or a recognized postsecondary credential, served at least three years in the uniformed services with an honorable discharge, or demonstrated earned income for at least four years covering at least 75% of the time with valid employment authorization. It provides a hardship exception to requirement (3) for aliens satisfying (1) and (2) who show compelling circumstances due to disability, full-time caregiver status, or hardship to the alien or a U.S. citizen or lawful permanent resident spouse, parent, or child. This section further requires that, except for aliens unable to comply due to disability, the conditional basis may not be removed without demonstrating satisfaction of Immigration and Nationality Act (INA) section 312(a) requirements (8 U.S.C. 1423(a))—i.e., ability to read, write, and speak words in ordinary English usage (with a reasonable literacy test) and knowledge of U.S. history, principles, and government fundamentals. (As background: INA section 312(a) sets naturalization prerequisites, with waivers under INA section 312(b) for certain age-plus-residency combinations and physical/mental impairments.) It authorizes a reasonable application fee commensurate with processing costs; requires background checks under section 2202 before removal; deems conditional permanent residents as lawfully admitted for permanent residence for INA title III naturalization purposes (8 U.S.C. 1401 et seq.) but bars naturalization applications during the conditional period; and permits applications anytime after meeting eligibility, with streamlined approval of unconditional status for initial applicants who have already met requirements (1) and (3), subject to the fee and one set of background checks.

This section defines terms used in this division, including (1) "institution of higher education," which has the meaning given in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002) except that it excludes institutions outside the United States; (2) "DACA," meaning deferred action granted pursuant to the Deferred Action for Childhood Arrivals policy announced on June 15, 2012; (3) "Secretary," meaning the Secretary of Homeland Security; and others. The section further provides that, for purposes of adjustment of status under this division, expunged or set-aside convictions (or equivalents) are not considered convictions under specified Immigration and Nationality Act provisions.

This section requires aliens seeking adjustment of status under this division to submit biometric and biographic data (with an alternative procedure for those unable to provide such data due to physical impairment) and bars the Secretary from granting such adjustment, on either a conditional or permanent basis, unless security and law enforcement background checks using those and other data are completed to the Secretary's satisfaction.

This section limits the removal of an alien who appears prima facie eligible for relief under this division until a final decision establishes ineligibility and provides related protections. Specifically, the section (1) permits an alien subject to a removal order or voluntary departure to apply for adjustment of status without a motion to reopen, with approval canceling the order and denial allowing enforcement only after exhausting remedies; (2) authorizes such aliens to apply for advance parole during application pendency, notwithstanding INA §101(g) (8 U.S.C. 1101(g)); and (3) directs issuance of an employment authorization document, upon application, to aliens with stayed removal, protected from removal proceedings, or with a pending application.

This section establishes rules for determining continuous physical presence and continuous residence in the United States for aliens applying for permanent resident status under this division. It provides that (1) service of a notice to appear under INA §239(a) (8 U.S.C. §1229(a)) does not terminate such presence or residence; (2) an alien fails to maintain continuous physical presence if absent for more than 90 days or, in aggregate, more than 180 days, and fails continuous residence if absent for more than 180 days (unless the absence did not abandon U.S. residence), subject to extensions by the Secretary of Homeland Security for extenuating circumstances—including serious illness, family death or illness, visa processing delays, or restrictions due to the COVID-19 public health emergency declared by the HHS Secretary under 42 U.S.C. §247d—and excluding Secretary-authorized travel; and (3) for aliens removed or departed on or after January 20, 2017, after at least five years of prior continuous physical presence, the Secretary may waive the physical presence requirement under §2102(b)(1)(A) or §2302(1)(A) for humanitarian purposes, family unity, or public interest and, in consultation with the Secretary of State, must establish a procedure for such aliens to apply from outside the United States.

This section exempts the granting of permanent resident status under this division—whether on a conditional basis or without the conditional basis as provided in section 2104(c)(2)—from any numerical limitations under this division or any other law.

This section establishes (1) an administrative appellate review process, to be provided by the Secretary within 30 days of enactment, for denials or revocations of adjustment of status applications under this division; (2) judicial review of such denials or revocations in an appropriate U.S. district court, notwithstanding other law; and (3) a stay of removal pending administrative or judicial review until a final decision of ineligibility, except for aliens removable on criminal or national security grounds under this division (with prompt return required if a denial or revocation is reversed).

This section establishes documentation requirements for aliens applying for permanent resident status under this division, specifying acceptable evidence for identity (e.g., passports, birth certificates, school IDs, government-issued cards); entry before age 19, continuous physical presence, and lack of residence abandonment (e.g., passports, school/employment/medical records, utility bills, affidavits); higher education admission or enrollment; receipt of a U.S. degree; high school diploma or equivalent (e.g., GED, career-technical certification); and current enrollment in specified educational programs. It further specifies documents to claim fee exemptions, including proof of identity establishing age 18 or younger.

This section prohibits the Secretary from disclosing or using information provided in applications for adjustment of status under this division or DACA requests (including during administrative or judicial review) for immigration enforcement and from referring such applicants to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or their designees based solely on that information. It permits limited sharing of such information with federal security and law enforcement agencies (1) to assist in application consideration, (2) to identify or prevent fraud, (3) for national security purposes, or (4) for investigation or prosecution of non-immigration felonies. It also imposes a civil penalty of up to $10,000 on any person who knowingly uses, publishes, or permits examination of such information in violation of these provisions.

This section provides that an alien's eligibility for adjustment of status to lawful permanent residence under this division—whether conditional or not as specified in section 2104(c)(2)—does not preclude the alien from seeking any other status under other provisions of law for which the alien may be eligible.

This section establishes the Dignity Program, which provides deferred action from removal (i.e., forbearance from deportation proceedings), employment authorization, and travel authorization to eligible applicants in accordance with the subtitle. The section exempts program participants from the three- and ten-year unlawful presence bars under INA §212(a)(9)(B) (i.e., bars on admission following accrual of unlawful presence) and directs the Secretary of Homeland Security to issue identification documents verifying such status.

This section establishes eligibility criteria for participation in the Dignity Program, requiring the Secretary of Homeland Security to approve applications from aliens who (1) have been continuously physically present in the United States since December 31, 2020; (2) are not inadmissible under INA §212(a) (except paragraph (9)); and (3) submit a restitution payment of at least $1,000 to the H-1B Nonimmigrant Petitioner Account to support American workers. The section further requires submission of biometric and biographic data for security and law enforcement background checks and renders ineligible any alien convicted of (A) a felony; (B) two or more misdemeanors (excluding minor traffic offenses, certain cannabis offenses, non-violent disorderly conduct, and non-violent civil disobedience) not arising from the same act; or (C) a domestic violence misdemeanor unless the alien demonstrates victim status related to domestic violence, sexual assault, stalking, child or elder abuse, extreme cruelty, or qualifying criminal activity under INA §101(a)(15)(U)(iii). For humanitarian purposes, family unity, or public interest, the Secretary may waive specified grounds of inadmissibility under INA §212(a)(2)(A), (C), and (D) and consideration of one misdemeanor (if no convictions in prior five years) or up to two misdemeanors (if no convictions in prior 10 years).

This section requires any alien approved for the Dignity Program to (1) register with the Secretary of Homeland Security; (2) submit biometric and biographic data; and (3) submit a sworn declaration attesting to presence in the United States without lawful immigration status. It further requires any alien present without lawful status, or not participating in programs under division B of this Act, to apply for the Dignity Program or depart the United States within 12 months of enactment. The section exempts from unlawful presence inadmissibility under INA §212(a)(9) any alien who voluntarily departs within such 12 months, with respect to (1) any removal ordered under INA §235(b)(1) or at the end of §240 proceedings initiated upon the alien's arrival; or (2) any removal ordered under INA §240 prior to enactment. It prohibits removal or fines based on immigration status for any alien who appears prima facie eligible for status under this subtitle (1) during the 24 months following enactment; and (2) if the alien applies, until a final ineligibility decision. This section does not apply to aliens with a valid notice to appear in immigration court or with a pending immigration status determination not decided before enactment.

This section requires U.S. Citizenship and Immigration Services (USCIS) to issue a seven-year deferral of removal to approved Dignity Program participants and specifies conditions for continued participation, including (1) reporting to the Department of Homeland Security every two years with residence and community good-standing information plus a $1,000 fee (totaling $7,000, deposited in the H-1B Nonimmigrant Petitioner Account; waived for former temporary protected status holders); (2) four years of employment or enrollment in an institution of higher education (as defined in 20 U.S.C. 1002) or area career and technical education school (waivable for those with dependents under age 12, disabilities, or age 65+); (3) payment of federal income tax liabilities assessed in the prior 10 years within seven years; (4) maintenance of qualifying health coverage; (5) ineligibility for federal means-tested benefits; (6) payment of a 1% income tax deposited in the Immigration Infrastructure and Debt Reduction Fund (with exemption from certain payroll taxes); and (7) support for dependents. For minors (under age 18 at application or turning 18 during participation), the restitution requirement is waived or adjusted proportionally. This section also amends 10 U.S.C. 504(b)(1) to authorize Dignity Program participants to enlist in the Armed Forces (waiving program conditions during service and satisfying requirements upon honorable completion, with eligibility to adjust to lawful permanent resident status) and directs the Secretary of Homeland Security, upon violation of conditions, to generally initiate removal proceedings (with discretion for waivers of minor violations or hardships).

This section establishes Dignity status for participants who complete the Dignity Program by complying with its specified requirements. Dignity status (1) is valid for seven years and renewable indefinitely; (2) confers lawful nonimmigrant status, employment authorization, and multiple U.S. reentries; (3) requires the Secretary of Homeland Security to issue identification documents enabling employment and travel abroad with readmission (if otherwise admissible); and (4) deems the holder, for purposes of adjustment of status to lawful permanent resident under 8 U.S.C. 1255 or change of nonimmigrant status under 8 U.S.C. 1258, as having been inspected and admitted to the United States. The section further bars Dignity status holders from federal means-tested benefits (excluding those received by U.S. citizen children or dependents in the household) and limits termination of status to a final order of removal, with restoration upon a successful motion to reopen, appeal, or grant of withholding of removal.

This section states the purpose of this title as directing restitution payments from the Dignity program to American workers by promoting apprenticeships and other work-based learning programs for small- and medium-sized businesses in in-demand industry sectors and by establishing and supporting industry or sector partnerships.

This section provides that funds paid as restitution under title III of division B of the Dignity for Immigrants while Guarding our Nation to Ignite and Deliver the American Dream Act, and made available under INA §286(s)(2) (8 U.S.C. 1356(s)(2)), shall be used by the Secretary to carry out this Act. (INA §286 generally covers the disposition of fees and other moneys collected for immigration enforcement, detention, and services.)

This section (1) repeals Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 2916a) (i.e., H-1B job training grants), and (2) revises INA §286(s)(2) to provide that 90% of amounts deposited into the H-1B Nonimmigrant Petitioner Account (funded by H-1B visa fees) pursuant to this Act remain available until expended to the Secretary of Labor to carry out this Act (previously, to fund H-1B job training grants).

This section establishes definitions for terms used in the Act. It defines (1) eligible partnership as an industry or sector partnership, as defined in section 3 of the Workforce Innovation and Opportunity Act (WIOA; 29 U.S.C. 3102), that submits and obtains approval of an application consistent with section 5(c) of this Act; (2) in-demand industry sector as a sector described in WIOA section 3(23)(A)(i) and (B); (3) local or regional, with respect to an entity, as an entity that provides services in a local area or region, respectively; (4) specified workforce terms—including Governor, individual with a barrier to employment, industry or sector partnership, local area, local board, State board, outlying area, recognized postsecondary credential, region, State, and supportive services—as having the meanings given those terms in WIOA section 3; and (5) Secretary as the Secretary of Labor.

This section reserves not more than 5% of amounts appropriated under section 4 for technical assistance and federal administration, not more than 2% for evaluations under section 8(b), and not more than 0.25% for outlying areas; and directs the Secretary of Labor to allot the remainder to eligible states to support local or regional partnerships for work-based learning programs, using clauses (ii) through (v) of the Workforce Innovation and Opportunity Act (WIOA) section 132(b)(1)(B) formula for adult employment and training allotments to local areas, with modifications for initial fiscal years (i.e., excluding certain subclauses in the first fiscal year after enactment, substituting a 0.5% minimum share of remaining amounts, omitting one subclause, adjusting the hold-harmless provision beginning in the second full fiscal year after enactment, and substituting references to work-based learning programs under this Act). Unallotted funds may be reallotted to other eligible states using the WIOA section 132(c) formula. To be eligible, a state must meet WIOA unified state plan requirements (29 U.S.C. 3112) or combined state plan requirements (29 U.S.C. 3113) and submit an application describing, at a minimum, (1) supported local or regional industry or sector partnerships and their engagement of small- and medium-sized businesses; (2) in-demand sectors served and alignment with WIOA title I plans; (3) apprenticeship or other work-based learning programs; (4) target populations, including individuals with barriers to employment and historically underrepresented groups; (5) services supported, including at least six months of post-employment support; (6) recognized postsecondary credentials and program quality; (7) performance goals for section 8 indicators; (8) leveraging of WIOA title I and nonfederal resources; and (9) other information required by the Secretary. The Secretary reviews applications in consultation with the Secretaries of Education and Health and Human Services.

This section directs the Governor of a state receiving an allotment under section 5 to use the funds (not reserved under subsection (d)) to award grants to eligible local or regional industry or sector partnerships identified in the state's application under section 5(c), for carrying out activities described in section 7. Grants may be for a period of 3 years, with funds available during the allotment fiscal year or the 2 subsequent fiscal years; eligibility requires an application and designation of a fiscal agent partner; states may award grants permitting entity participation in multiple partnerships, subject to ensuring geographic diversity; and states may reserve up to 5% of the allotment for grant administration.

This section requires eligible partnerships receiving grants under section 6 to use the funds to support apprenticeships and other work-based learning programs through business engagement activities, worker support services, and related strategies to aid program development, implementation, and participant retention and completion. Business engagement must include services to assist small- and medium-sized businesses with apprenticeship registration navigation, connections to education providers, curriculum development, transitional employment, manager training, career awareness, and recruitment from specified programs (i.e., Workforce Innovation and Opportunity Act, Supplemental Nutrition Assistance Program, and Temporary Assistance for Needy Families). Worker support services—provided for at least 12 months following an individual's placement, including pre-training, transitional, and continuing employment periods—may include connections to adult basic education or pre-apprenticeships, mentorship, tools and work attire, and transportation or childcare.

This section directs eligible partnerships receiving grants under section 6 to submit annual local performance reports to the state beginning one year after grant receipt, and directs states to submit annual reports to the Secretary beginning 24 months after receiving initial local reports (but no less than 18 months after grant awards). The local reports must include levels of performance achieved on primary indicators under sec. 116(b)(2)(A) of the Workforce Innovation and Opportunity Act (WIOA)—(1) for all workers in the work-based learning program involved, disaggregated by each population specified in WIOA sec. 3(24), race, ethnicity, sex, and age; and (2) for individuals with barriers to employment in the program, similarly disaggregated. State reports must include the local report information and state-level performance aggregated across all eligible partnerships on those indicators.

This section establishes a competitive grant program administered by the Secretary of Labor to award grants to eligible partnerships—consisting of one or more businesses and one or more institutions of higher education—for expanding student access to industry-led earn-and-learn programs. Earn-and-learn programs provide paid on-the-job training, as defined in the Workforce Innovation and Opportunity Act (WIOA), combined with for-credit classroom instruction over 3 months to 2 years, leading to a recognized postsecondary credential (as defined in WIOA) in in-demand industry sectors or occupations (as defined in WIOA). Grants last 1 to 4 years, are limited to one per partnership or member, cap administrative costs at 5%, and require a 50% non-Federal match. Applications must specify program administration and partners; matching funds; projected student participation, completion within 2 years, credentials, and earnings at 1 and 3 years post-completion; project details; post-grant financing; data collection support; and alignment with State in-demand sectors. The Secretary must conduct and publicly release an independent evaluation of participant numbers, unsubsidized employment rates in the second and fourth quarters post-exit, median second-quarter earnings, and credential attainment rates.

This section establishes a rule of construction clarifying that nothing in §§3112 or 3113 of the American Families United Act shall be construed (1) to authorize the Secretary of Homeland Security or the Attorney General to exercise discretionary authority provided therein or by amendments made thereby except on a case-by-case basis or (2) to otherwise modify or limit their discretionary authority under the immigration laws (as defined in INA §101(a)(17)).

This section establishes discretionary authority for the Attorney General, in removal proceedings under INA §240(c)(4), to terminate proceedings, decline removal, grant permission to reapply for admission, or waive grounds of inadmissibility or deportability for an alien who is the spouse or child of a U.S. citizen if removal or denial of relief would result in hardship to the alien's U.S. citizen spouse, parent, or child (with a presumption that family separation constitutes hardship); provides similar authority for the Secretary of Homeland Security under new INA §212(u) with respect to inadmissibility determinations, notices to appear, reinstatement of removal orders, and immigration benefit applications; and excludes application of these authorities to aliens inadmissible under INA §212(a)(2) or (3) (criminal and security grounds), §212(a)(10)(A), (C), or (D) (unlawful presence and misrepresentation), or deportable under INA §237(a)(2), (4), or (6) (criminal, security, and marriage fraud grounds). The discretions also apply to widows or surviving children of deceased U.S. citizens if relief is sought within two years of death or extraordinary circumstances are shown. This section further revises INA §301(g) to eliminate the physical presence requirement for a U.S. citizen parent—previously five years total in the U.S., at least two after age 14—for a child born abroad to that parent and an alien parent to acquire U.S. nationality at birth. (Thus, such children qualify automatically regardless of the parent's U.S. physical presence.)

This section authorizes the Secretary of Homeland Security or Attorney General to grant a motion to reopen or reconsider the denial of an immigration petition or application, or an order of removal, for an alien if the outcome would have been favorable had this division (or its amendments) been in effect at the time of the original decision. Such motions must be filed within two years of enactment, unless extraordinary circumstances prevented timely filing.

This section establishes a new nonimmigrant visa category under INA §101(a)(15)(B)(iii) for aliens visiting the United States temporarily for family purposes (i.e., any visit by a relative—defined as the spouse, child, son, daughter, grandchild, parent, grandparent, sibling, uncle, aunt, niece, or nephew—of a U.S. citizen or lawful permanent resident). Such relatives are inadmissible without (1) a Form I-134 declaration of support from the petitioner or an additional sponsor and (2) health insurance covering the stay with minimum requirements set by the DHS Secretary; limits authorized admission to 90 days; bars petitioners who previously sponsored an overstay and requires evidence of no prior overstay from repeat petitioners. This section further (1) adds these visa holders to the list of nonimmigrants ineligible to change status under INA §248(a)(1) and (2) permits issuance notwithstanding the presumption of immigrant intent under INA §214(b) to those with approved immigrant petitions awaiting numerically limited visas, if otherwise eligible.

This section strikes section 328 of the Immigration and Nationality Act (INA), which authorized expedited naturalization for noncitizens serving honorably for at least four years in the Selected Reserve of the Ready Reserve during peacetime (absent designated periods of hostility), and revises section 329 to authorize such naturalization for honorable service in the Selected Reserve of the Ready Reserve, active status (as defined in 10 U.S.C. §101(d)), or active duty at any time (previously limited to one year during designated periods of hostility). The revisions (1) expand eligibility to noncitizen nationals born in American Samoa, Swains Island, or freely associated states (as defined in 20 U.S.C. §1411(b)(1)(C)) (previously American Samoa and Swains Island only); (2) specify that any separation from service must be under honorable conditions; (3) replace gendered pronouns with gender-neutral language; and (4) update the section heading and table of contents accordingly. (Thus, these changes consolidate peacetime and wartime military naturalization authorities into a single provision applicable without regard to periods of hostility.)

This section adds to the list of aliens not subject to worldwide numerical limitations on immigrant visas under INA §201(a) two categories of beneficiaries (including derivatives) of approved immigrant visa petitions with a priority date (i.e., petition filing date) more than 10 years before their immigrant visa or adjustment of status application: (1) those who deposit a $20,000 premium processing fee into the Immigration Infrastructure and Debt Reduction Fund; and (2) such beneficiaries generally, requiring the Secretary of Homeland Security to allocate sufficient additional visas in each of FY2026 through FY2035 to eliminate all such backlogs by the end of FY2035. (Thus, these provisions enable long-backlogged applicants to bypass per-country and category-specific visa caps that otherwise cause multi-decade waits, particularly for employment-based and some family-sponsored immigrants from high-demand countries.)

This section establishes a new immediate relative category under INA §201(b)(1)(H) for aliens who (1) are not inadmissible or deportable; (2) were lawfully present in the U.S. as a dependent child of an employment-based nonimmigrant (excluding A, G, N, or S visas) for an aggregate of at least 8 years; (3) on the date of filing a self-petition under new INA §204(a)(1)(M), have been lawfully present in the U.S. for an aggregate of at least 10 years; and (4) have graduated from a U.S. institution of higher education (as defined in 20 U.S.C. §1002(a)). This section provides age-out protections by adding INA §101(b)(6) to base child status determinations for employment-based petitions on the earlier of the petition or labor certification filing date (or, for certain long-term dependents who were in status for 8 years before age 21, the parent's initial filing date); requires biological age for those who fail to seek permanent residence within 2 years of visa availability absent extraordinary circumstances; and strikes/revises INA §201(f). Amendments apply as if included in the Child Status Protection Act and allow motions to reopen denials within 2 years of enactment, exempting approvals from numerical limits. This section permits long-term dependent children under new INA §101(b)(6)(B) to change to or extend nonimmigrant dependent status (including E visas) notwithstanding marriage and authorizes employment incident to such status. This section revises INA §203(h) on priority date retention by striking paragraphs (1)-(4), redesignating (5) as (3), and inserting a new paragraph (1) (text incomplete in provision).

This section adds to the list of aliens not subject to worldwide numerical limitations on immigrant visas the spouses and minor children described in INA §203(d) (i.e., derivative beneficiaries) who are accompanying or following to join a parent or spouse who has been granted lawful permanent resident status as an employment-based immigrant under INA §203(b). (Thus, such derivatives no longer count against the annual employment-based limit of 140,000 visas.)

This section subjects wages received by nonresident alien individuals (e.g., F-1 students) during optional practical training (OPT)—temporary work authorization following completion of academic studies—to Social Security taxes (i.e., FICA), ending their prior exemption. The change applies to services performed in calendar quarters beginning after the date of enactment.

This section expands O-1 nonimmigrant visa eligibility for individuals with extraordinary ability in sciences, arts, education, business, or athletics by allowing those in science, technology, engineering, mathematics (STEM), or health professions who have earned a doctoral degree in such a field from a U.S. institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965, i.e., a public or nonprofit institution that admits only postsecondary students, is state-authorized, accredited or preaccredited, and awards at least associate degrees or equivalent) to qualify in lieu of providing extensive documentation of extraordinary ability. (Thus, such individuals may more readily obtain temporary work authorization in the United States.)

This section revises the definition of an F-1 nonimmigrant student in INA §101(a)(15)(F)(i) by eliminating the requirement to maintain a foreign residence with no intention of abandoning it, striking "and solely," and transferring approval authority from the Attorney General to the Secretary of Homeland Security. It further revises INA §214(h) to explicitly permit dual intent (i.e., seeking permanent residence without precluding nonimmigrant status) for F-1 students and F-2 dependents, in addition to existing categories such as E, H-1B, L, O, P, R, and V visas. (Thus, F-1 students may pursue adjustment of status after completing studies without evidence of immigrant intent barring visa issuance, maintenance, or admission.)

This section establishes an Immigration Agency Coordinator, jointly appointed by the Secretaries of State, Labor, and Homeland Security to oversee immigration functions at U.S. Citizenship and Immigration Services (USCIS), the Department of Labor (DOL), and the Department of State (DOS). The coordinator must (1) recommend ways to harmonize agency efforts on filing and processing immigration petitions, visas, and labor certifications and (2) ensure filing and processing information is available across agencies. The section authorizes appropriations for FY2026 of (1) $2,560,000,000 for the USCIS Operations and Support account, (2) $825,000,000 for the DOS Bureau of Consular Affairs and Visa Service, and (3) $225,000,000 for the DOL Office of Foreign Labor Certification.