Overview
Title
To authorize the cancellation of removal and adjustment of status of certain aliens, and for other purposes.
ELI5 AI
H. R. 1589 is a plan to help some people who came to the U.S. without permission, especially kids who grew up here, to stay and become part of the country if they go to school, work, or join the army, while making sure their private information is kept safe. It also tries to make rules about how much money it costs to apply and get help, but there are worries it might be too expensive or not fair for everyone.
Summary AI
H. R. 1589 aims to offer a pathway for certain undocumented immigrants, especially those who came to the U.S. as children, to gain lawful permanent residency and possibly citizenship under specific conditions. The bill outlines eligibility criteria, including requirements related to education, military service, or work, and provides for waivers and exemptions. It also includes protections against deportation during the application process and establishes confidentiality safeguards for applicants' information. Additionally, the bill removes some restrictions at the state level regarding access to higher education benefits for these individuals.
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AnalysisAI
The bill titled "H. R. 1589" from the 119th Congress, known as the "American Dream and Promise Act of 2025," seeks to address issues related to the immigration status of certain individuals in the United States. The legislation aims to cancel the removal and adjust the status of eligible immigrants, particularly those who entered the country as children, recipients of Temporary Protected Status (TPS), or those with Deferred Enforced Departure (DED).
General Summary
The bill is divided into three titles: the Dream Act of 2025, the American Promise Act of 2025, and General Provisions. Within these titles, it outlines pathways for long-term residents who came to the U.S. as children to obtain conditional permanent residency, describing the specific requirements and criteria for eligibility. It also discusses the potential for these conditions to be removed, allowing individuals to become lawful permanent residents. The second part addresses status adjustments for individuals from countries with TPS or DED, providing similar pathways to residency. The bill features additional sections on biometric data submission, confidentiality, and grant programs for applicant assistance.
Summary of Significant Issues
The bill presents several significant concerns that could affect its implementation and impact. One major issue is the use of broad terms like "humanitarian purposes" and "public interest" when waiving grounds of inadmissibility for applicants, potentially leading to inconsistent application without clear guidelines. There is also notable ambiguity regarding what constitutes a "significant and continuing threat to public safety" or "gang participation," raising concerns about fair and equitable treatment.
Furthermore, key terms such as "conditional basis," "long-term residents," and "temporary protected status" are not clearly defined, potentially causing misunderstandings. The bill also lacks explicit privacy protection rules for handling sensitive biometric and biographic data, raising significant privacy concerns. The financial implications are unclear, as there are no caps or guidelines for fund allocation in the grant program, leaving it vulnerable to unchecked spending.
Public Impact
Broadly, this bill could have a profound impact on the immigration landscape in the United States. By providing pathways to residency for many immigrants, it could offer stability and the potential for economic and social contributions from these individuals. However, the lack of definitional clarity and reliance on subjective terms for waiving inadmissibility could lead to challenges in consistent implementation and legal disputes.
Impact on Stakeholders
For immigrants, particularly those brought to the U.S. as children, the bill represents an opportunity to gain security and stability. It opens a path to lawful permanent residence, potentially allowing access to higher education, stable employment, and participation in civic life.
On the other hand, without clear guidelines, the discretion granted to the Secretary might result in arbitrary decisions, affecting the fairness and transparency of the process. Non-citizens and advocacy groups may find these ambiguities troubling and could push for additional clarity and protections within the bill.
State governments and educational institutions could face impacts due to the bill's restoration of state authority to set residency criteria for education benefits. This might alter the landscape of funding and admissions for schools across states, depending on how residency is determined.
In summary, while the "American Dream and Promise Act of 2025" aims to offer solutions for certain immigrant populations, it presents substantial challenges in implementation due to ambiguities and broad discretionary powers. The bill's success will likely depend on clarifying these issues and ensuring consistent and transparent application to secure its intended positive impact.
Financial Assessment
The financial aspects of the bill H. R. 1589 highlight several key areas where money and funding are referenced or utilized. These components focus on application fees, surcharges, and funding allocations, emphasizing how these financial elements might impact the fair implementation and accessibility of the bill's provisions.
Application and Processing Fees
The bill stipulates various fees for applications related to adjustment of immigration status. Specifically, Section 102 allows for a fee of up to $495 for applications associated with granting conditional permanent resident status. Similarly, Section 202 outlines a fee for adjusting the status of certain nationals, which could reach $1,140. These fees are intended to cover the costs of processing applications.
The inclusion of these fees raises concerns around accessibility for applicants, particularly those in lower-income brackets. Although the bill provides for fee exemptions under specific conditions, such as being 18 or younger or having income below 150% of the Federal poverty line (Section 303), the reality remains that these financial requirements could burden applicants who are already vulnerable. Section 312 introduces a $25 surcharge on fees to fund appointed counsel for those seeking judicial review, adding to the financial obligations without addressing the potential strain on applicants unable to afford legal recourse.
Grant Program and Financial Oversight
Section 310 establishes a grant program designed to support nonprofit organizations that assist eligible applicants in navigating the application process. While the bill authorizes the appropriation of unspecified amounts to fund this program from fiscal years 2026 through 2036, it does not set clear limits or guidelines on expenditure. This lack of a financial cap or detailed allocation strategy could lead to overspending or inefficient use of public funds, raising ethical concerns regarding accountability and transparency in the distribution and utilization of these funds.
Financial Implications and Legal Concerns
The financial references in the bill tie into broader issues of fairness and transparency raised in the list of concerns. For instance, terms such as "public interest" or "humanitarian purposes" are used to justify waivers of inadmissibility grounds without clear financial guidelines. This lack of precision could lead to inconsistent application of waivers, potentially resulting in unfair financial obligations for some applicants.
Furthermore, the bill's approach to handling fees and financial assistance could impact the perceived fairness of the immigration process. Although the grant program aims to provide necessary support, unresolved questions around fund management and oversight might undermine its effectiveness and fairness.
In conclusion, while the financial elements of the bill are designed to support its objectives, they also introduce several challenges related to accessibility and the ethical allocation of funds. These concerns necessitate careful consideration and possibly additional measures to ensure that financial requirements do not serve as barriers to the intended benefits of the legislation.
Issues
The use of broad and subjective terms, such as 'humanitarian purposes,' 'family unity,' or 'public interest,' for waiving grounds of inadmissibility (Sections 102 and 202) could lead to inconsistent application and potential abuse without clear guidelines, raising legal and ethical concerns about fairness and transparency.
The ambiguity and lack of specific criteria regarding what constitutes 'a significant and continuing threat to public safety' or 'gang participation' (Section 102) could result in arbitrary and unequal treatment of applicants, which poses serious ethical and legal implications.
The absence of definitions for critical terms like 'conditional basis,' 'long-term residents,' 'temporary protected status,' and 'deferred enforced departure' (Section 1) could lead to significant ambiguity and misinterpretation of the bill's provisions, affecting its effective implementation.
The absence of definitions or clarity for verifying 'credible' evidence by the Secretary (Sections 307 and 203) allows for considerable discretionary decisions, potentially leading to subjective and inconsistent evaluations that could undermine the legal integrity of the application process.
The lack of explicitly defined criteria for many terms in the bill, such as 'felony offense' and 'misdemeanor offense,' which differ across jurisdictions, creates potential confusion and unfair treatment in various legal contexts (Sections 102 and 103).
The absence of cap or clear guidelines for fund allocation in the 'Grant program to assist eligible applicants' (Section 310) could lead to unchecked and possibly excessive spending, raising financial and ethical concerns about the effective use of public funds.
The incorporation of costs such as 'supplementary surcharge for appointed counsel' (Section 312) and other fees without consideration for applicants' financial capacities raises ethical concerns regarding accessibility and fairness in seeking legal recourse.
Potential privacy concerns arise as the bill (Section 309) does not specify clear privacy protection measures for handling sensitive biometric and biographic data, which are fundamental to numerous sections, thereby possibly affecting individuals' privacy rights.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title; table of contents Read Opens in new tab
Summary AI
The first section of the bill, titled “American Dream and Promise Act of 2025," provides its short title and table of contents, outlining the various parts and sections within the act, which address issues like granting conditional permanent resident status to certain individuals and adjusting the status of others from countries with temporary protections.
101. Short title Read Opens in new tab
Summary AI
The first section of this bill states that it can be referred to as the "Dream Act of 2025."
102. Permanent resident status on a conditional basis for certain long-term residents who entered the United States as children Read Opens in new tab
Summary AI
The section outlines rules for granting conditional permanent resident status to certain immigrants who came to the U.S. as children. It specifies eligibility requirements, such as continuous residence in the U.S. since January 1, 2021, educational achievements, and restrictions related to criminal and national security concerns. It also allows for waivers of certain inadmissibility grounds for humanitarian purposes and outlines procedures for handling applications with criminal histories and possible denials.
Money References
- (2) WAIVER OF GROUNDS OF INADMISSIBILITY.—With respect to any benefit under this title, and in addition to the waivers under subsection (c)(2), the Secretary may waive the grounds of inadmissibility under paragraph (1), (6)(E), (6)(G), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) for humanitarian purposes, for family unity, or because the waiver is otherwise in the public interest. (3) APPLICATION FEE.— (A) IN GENERAL.—The Secretary may, subject to an exemption under section 303(c), require an alien applying under this section to pay a reasonable fee that is commensurate with the cost of processing the application but does not exceed $495.00.
103. Terms of permanent resident status on a conditional basis Read Opens in new tab
Summary AI
The section outlines that the status of being a permanent resident on a conditional basis lasts for 10 years unless extended, and can be revoked if certain requirements are unmet. It also details that if this status is revoked or expires, the individual reverts to their previous immigration status and specifies that the individual must be informed about any revocation and given the chance to challenge it.
104. Removal of conditional basis of permanent resident status Read Opens in new tab
Summary AI
The section outlines the conditions under which an immigrant with conditional permanent resident status can have those conditions removed to become a lawful permanent resident. It includes various criteria, such as completing higher education, military service, or demonstrating income, with exceptions for hardship scenarios like disabilities or caregiving responsibilities, while also requiring background checks and potentially an application fee.
105. Restoration of State option to determine residency for purposes of higher education benefits Read Opens in new tab
Summary AI
The bill restores the ability of states to decide who qualifies as a resident for higher education benefits by repealing a previous law and making this change effective as if it had been part of the original 1996 legislation.
201. Short title Read Opens in new tab
Summary AI
The section specifies that this part of the bill can be referred to as the "American Promise Act of 2025."
202. Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure Read Opens in new tab
Summary AI
The text describes a process for certain individuals from countries designated for Temporary Protected Status or Deferred Enforced Departure to apply for lawful permanent resident status in the U.S. It outlines eligibility criteria, application requirements, the possibility of waiving certain inadmissibility factors, and the role of background checks, along with details about fees and the option to withdraw an application without affecting future immigration benefits.
Money References
- (d) Application.— (1) FEE.—The Secretary shall, subject to an exemption under section 303(c), require an alien applying for adjustment of status under this section to pay a reasonable fee that is commensurate with the cost of processing the application, but does not exceed $1,140.
203. Clarification Read Opens in new tab
Summary AI
The section clarifies that under the Immigration and Nationality Act, people are to be viewed as if they have been inspected and admitted into the United States.
301. Definitions Read Opens in new tab
Summary AI
The section defines various terms used in the Act, such as "DACA," referring to deferred action for certain immigrants, "appropriate United States district court," which identifies specific courts for legal matters, and "institution of higher education," specifying U.S. colleges. It also clarifies that "conviction" does not include judgments that have been erased or resolved through rehabilitation.
302. Submission of biometric and biographic data; background checks Read Opens in new tab
Summary AI
The section states that the Secretary cannot approve an alien's change of immigration status without the alien providing both biometric and biographic data, unless a physical disability prevents this. Additionally, the Secretary must conduct thorough background checks using this data to ensure the alien does not have any disqualifying criminal or national security issues.
303. Limitation on removal; application and fee exemption; and other conditions on eligible individuals Read Opens in new tab
Summary AI
An alien who qualifies for relief under the Act is given a fair chance to apply and can't be removed until a final decision is made. They can seek status adjustment even if ordered to leave the U.S., may be exempt from application fees due to economic hardship or other factors, and can apply for advance parole while awaiting a decision. Additionally, certain aliens may be granted work permits.
304. Determination of continuous presence and residence Read Opens in new tab
Summary AI
The section describes how the U.S. determines whether an immigrant's continuous presence or residence has been interrupted, especially detailing how departure durations and special circumstances like illness, family issues, or travel restrictions due to public health emergencies might affect these determinations. It also allows for some discretion by the Secretary to waive physical presence requirements for certain individuals removed after January 20, 2017, if doing so would serve humanitarian goals, keep families together, or benefit the public interest.
305. Exemption from numerical limitations Read Opens in new tab
Summary AI
The section specifies that there is no limit to the number of immigrants who can receive permanent resident status under this law, meaning any restrictions on numbers do not apply here.
306. Availability of administrative and judicial review Read Opens in new tab
Summary AI
The section outlines the process by which aliens can seek review if their application for adjusting immigration status is denied or revoked. Aliens can request administrative or judicial review, and they generally cannot be removed from the United States until a final decision is made, unless removal is necessary for criminal or national security reasons, in which case they still retain the right to judicial review.
307. Documentation requirements Read Opens in new tab
Summary AI
The section outlines the types of documents an immigrant can submit to prove their identity, continuous residence, education, military service, and income to qualify for permanent resident status in the U.S. It also details how individuals can demonstrate their eligibility for certain exemptions or benefits, and gives the Secretary of Homeland Security the authority to disallow unreliable documents if fraudulent practices are observed.
308. Rulemaking Read Opens in new tab
Summary AI
The Secretary must publish interim final rules in the Federal Register within 90 days of the Act's enactment, allowing eligible individuals to immediately seek relief, with rules finalized within 180 days. The Paperwork Reduction Act does not apply to actions taken to implement this Act.
309. Confidentiality of information Read Opens in new tab
Summary AI
The section outlines privacy rules related to applications for adjustment of immigration status and DACA requests. It states that the Secretary cannot use or share this information for immigration enforcement, cannot refer applicants to immigration enforcement agencies based solely on their application information, and highlights exceptions for sharing information with federal agencies for security or fraud prevention. Additionally, anyone who violates these privacy rules could be fined up to $10,000.
Money References
- (b) Referrals prohibited.—The Secretary, based solely on information provided in an application for adjustment of status under this Act (including information provided during administrative or judicial review) or an application for DACA, may not refer an applicant to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any designee of either such entity. (c) Limited exception.—Notwithstanding subsections (a) and (b), information provided in an application for adjustment of status under this Act may be shared with Federal security and law enforcement agencies— (1) for assistance in the consideration of an application for adjustment of status under this Act; (2) to identify or prevent fraudulent claims; (3) for national security purposes; or (4) for the investigation or prosecution of any felony offense not related to immigration status. (d) Penalty.—Any person who knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000.
310. Grant program to assist eligible applicants Read Opens in new tab
Summary AI
The text describes a grant program established by the Secretary within U.S. Citizenship and Immigration Services to provide funding to nonprofit organizations. These funds are intended to help eligible applicants by offering legal assistance, information on the benefits of permanent resident status, and guidance on U.S. citizenship, including English and civics education. The program is authorized to receive necessary funding for fiscal years 2026 through 2036.
311. Provisions affecting eligibility for adjustment of status Read Opens in new tab
Summary AI
An alien's ability to lawfully become a permanent resident under this Act does not prevent them from seeking other legal statuses for which they might be eligible under different laws.
312. Supplementary surcharge for appointed counsel Read Opens in new tab
Summary AI
The bill includes a $25 surcharge on certain fees to help pay for lawyers for people challenging immigration decisions. Money from this surcharge goes into a special account, and a report on the account's status is sent to Congress every two years to help make sure there's enough money to pay for the lawyers.
Money References
- (a) In general.—Except as provided in section 302 and in cases where the applicant is exempt from paying a fee under section 303(c), in any case in which a fee is charged pursuant to this Act, an additional surcharge of $25 shall be imposed and collected for the purpose of providing appointed counsel to applicants seeking judicial review of the Secretary’s decision to provisionally deny an application under this Act. (b) Immigration counsel account.—There is established in the general fund of the Treasury a separate account which shall be known as the “Immigration Counsel Account”.
313. Annual report on provisional denial authority Read Opens in new tab
Summary AI
The section requires the Secretary of Homeland Security to provide an annual report to Congress, starting one year after the law is enacted. This report must include the number of applicants who receive a provisional or final denial, whether or not they sought judicial review, as well as those approved after judicial review.