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This bill — the American Dream and Promise Act of 2021 — would combine longstanding efforts to provide a roadmap for U.S. citizenship for unauthorized immigrant youth, people who have or are eligible for Deferred Action for Childhood Arrivals (DACA), people who had or were eligible for temporary protected status (TPS), and people with deferred enforced departure (DED). In total, it would offer a path to citizenship for about 2.5 million Dreamers and other immigrants with temporary humanitarian protection.

This section of this bill would grant Dreamers conditional permanent resident status (CPR) for 10 years and cancel removal proceedings if they:

Have been continuously physically present in the U.S. on or before January 1, 2021;
Entered the U.S. before turning 18;
Aren’t inadmissible on criminal grounds, for security or terrorism-related grounds, smuggling, student visa abuse, ineligibility for U.S. citizenship, practicing polygamy, international child abduction, unlawful voting, or renouncing citizenship to avoid taxation;
Have not participated in persecution;
Have not been convicted of any federal or state offense punishable by a prison term of more than one year or three or more federal or state offenses for which the person was convicted on different dates and imprisoned for an aggregate of at least 90 days (excluding minor traffic offenses and state offenses for which an essential element is the person’s immigration status);
Have not been convicted of a crime of domestic violence, with exceptions for those who are victims of domestic violence, sexual assault, stalking, child abuse or neglect, or U.S. nonimmigrant status-eligible criminal activities or if is granted for humanitarian or family unity purposes or is in the public interest;
Graduate from high school, obtain a GED or industry-recognized credential, or are in a program assisting students in obtaining a high school diploma, GED, or equivalent exam, or are in an apprenticeship program; and
Pass security and law enforcement background checks, pay a reasonable application fee, and register for the Selective Service if required.

Additionally, children of certain temporary workers who arrived in the U.S. before the age of 18 and were continuously present in the U.S. since January 1, 2021 are also eligible for relief.

Persons with CPR status could subsequently be granted LPR status if they:\\
Acquire a degree from a U.S. higher education institution or complete at least two years at a bachelor’s or higher degree program or in a a career and technical education program at a post-secondary level in the U.S.; or
Complete at least two years of military service and receive an honorable discharge if discharged; or
Are employed for at least three years and at least 75% of the time that they have had employment authorization.

This bill also includes the following provisions for Dreamers:

Repeals Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which penalizes states that grant in-state tuition to undocumented students on the basis of residency;
Allows Dreamers to access federal financial aid including direct federal loans, Perkins loans, work study, grants, and programs designed to identify and encourage youth with financial or cultural needs, low-income families and others to pursue higher education; and
Permits eligible Dreamers deported from the U.S. by the Trump administration to apply for relief from abroad.

American Promise Act

This bill would allow nationals of certain countries designated for Temporary Protected Status (TPS) or Deferred Enforced Departure (DED) to adjust status to LPR and have removal cancelled if they:

Have been in the U.S. for three years before this bill’s enactment; and
Were eligible for or had TPS on September 17, 2017 or had DED status as of January 20, 2021.

This bill would also amend current TPS law to require the Secretary of Homeland Security to provide an explanation of a decision to terminate a TPS designation and require the Secretary to provide a report three days after publishing a notice of such termination. The report would need to explain the original designation and any progress made by a country to resolve the issues leading to TPS designation. In it, the Secretary would also have to describe the methods used to assess whether country conditions have improved; this description would address any challenges or shortcomings related to the initial designation.

Additionally, this bill would clarify that an immigrant entering the TPS program would be considered as having been inspected and admitted into the United States.

Additional General Provisions

This bill would set forth a number of provisions protecting Dreamers and individuals with TPS or DED during their application for relief. These include:

Ensuring that the Secretary of Homeland Security or the Attorney General may not remove persons who appear prima facie eligible for cancellation of removal and conditional permanent residence;
Requiring the DHS Secretary to provide a reasonable opportunity for relief to a person subject to removal who requests such an opportunity or who appears prima facie eligible;
Providing a fee exemption for individuals under the age of 18, received an income less than 150% of the poverty line, who are in foster care or lack familiar support, or who cannot care for themselves due to a serious, chronic disability;
Permitting individuals with pending applicants employment authorization documents and to apply for advance parole;
Permitting the DHS Secretary to waive select inadmissibility bars and crimes of domestic violence for humanitarian purposes, family unit, or if the waiver is otherwise in the public interest;
Strengthening administrative and judicial review procedures for individuals denied benefits until this bill;
Ensuring the confidentiality of applicants’ information and prohibiting DHS from using information provided during the application for immigration enforcement; and
Establishing a new grant program to help nonprofits screen individuals for eligibility and help them apply for relief under this bill.

Venezuelans currently living in the U.S. who fled Nicolás Maduro’s regime who have TPS protections would not be eligible for the path to citizenship in this bill.

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Should 'Dreamers' & TPS Recipients Have a Path to Permanent Resident Status & Citizenship?