H.R. 1589 — American Dream and Promise Act of 2025

This section establishes conditional lawful permanent resident (LPR) status for certain aliens who entered the United States at 18 years of age or younger, have continuously resided since entry and been physically present since January 1, 2021, meet specified education criteria (i.e., postsecondary admission, high school diploma or equivalent, recognized credential, or enrollment in secondary or equivalent program), and are not subject to criminal or national security bars. Eligibility extends to aliens who are inadmissible or deportable, have Deferred Enforced Departure or Temporary Protected Status, or are children of certain nonimmigrant visa holders (i.e., E, H-1B, or L). The Secretary of Homeland Security may waive select inadmissibility grounds under INA §212(a) (i.e., health, fraud/misrepresentation, certain diplomats, or documentation requirements); require background checks and Military Selective Service registration; and impose an application fee up to $495 (exempt for certain DACA recipients via streamlined procedure, except for unconditional status). An alien is ineligible if inadmissible under INA §212(a)(2) or (3) (i.e., criminal or security grounds) or convicted of any felony (excluding immigration-status offenses and minor traffic offenses) or three or more misdemeanors (excluding simple possession of cannabis or cannabis-related paraphernalia, or no-longer-prosecutable cannabis offenses under state law).

This section establishes terms for permanent resident status granted on a conditional basis, including a 10-year validity period (unless extended by the Secretary of Homeland Security) and eligibility for revocation. It requires the Secretary to provide notice to the alien, at the time of status grant, of applicable provisions and requirements to remove the conditional basis. The section further specifies that the Secretary may revoke such status only upon determining the alien no longer meets requirements under section 102(b)(1)(C)—with prior notice of proposed revocation and an opportunity for a hearing—and provides that expiration or revocation results in reversion to the alien's prior immigration status.

This section establishes eligibility criteria for the Secretary of Homeland Security to remove the conditional basis of an alien's permanent resident status granted under this title—converting it to status as an alien lawfully admitted for permanent residence—if the alien (1) is described in section 102(b)(1)(C); (2) has not abandoned U.S. residence during the conditional period; and (3) has obtained a degree or completed two years toward a bachelor's or higher degree or postsecondary credential; served at least two years in the Uniformed Services with an honorable discharge; or demonstrates three years of earned income for at least 75% of the time with valid employment authorization (reduced by periods of specified education enrollment). It provides a hardship exception allowing removal of the conditional basis if the alien meets requirements (1) and (2) above, demonstrates compelling circumstances for not meeting requirement (3), and shows a disability, full-time caregiver status, or hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child. It further requires that, except for aliens unable to comply due to disability, the alien demonstrate satisfaction of the naturalization requirements under section 312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a))—i.e., ability to read, write, and speak ordinary English words and knowledge of U.S. history, principles, and government fundamentals. (Thus, conditional permanent residents must generally pass the English and civics test normally required only at naturalization before obtaining full permanent resident status.) It authorizes a reasonable application fee (subject to exemption); requires background checks under section 302; deems conditional permanent residents as lawfully admitted for permanent residence for naturalization purposes (while barring naturalization applications during the conditional period); and permits applications anytime after meeting eligibility criteria, with expedited approval of full permanent resident status for initial applicants who have already met the core requirements.

This section repeals 8 U.S.C. 1623 (section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), which prohibited states and localities from providing postsecondary education benefits—such as in-state tuition—to aliens not lawfully present in the United States based on residency unless U.S. citizens or nationals were eligible for equal benefits (in amount, duration, and scope) without regard to residency. (Thus, states regain authority to establish residency requirements for such benefits, with the repeal effective retroactively as of the 1996 law's enactment.)

This section establishes a process for the Secretary of Homeland Security or Attorney General to adjust the status of certain aliens to lawful permanent resident, notwithstanding other law. Eligible aliens are (1) nationals of countries (or parts thereof) designated for Temporary Protected Status (TPS) under INA §244(b) as of January 1, 2017, who had or were eligible for TPS on that date (notwithstanding INA §244(c)(1)(A)(iv) or (c)(3)(C)) and have not engaged in disqualifying conduct since; or (2) aliens eligible for Deferred Enforced Departure (DED) as of January 20, 2021, without disqualifying conduct since. (TPS and DED provide temporary protection from removal and work authorization for nationals of designated countries facing armed conflict, environmental disaster, or other extraordinary conditions.) To qualify, an alien must (1) apply within three years of enactment (including required documents under §307), (2) have at least three years of continuous physical presence in the United States, and (3) not be inadmissible under INA §212(a)(1) (health-related grounds), (2) (criminal and related grounds), (3) (security and related grounds), (6)(D)–(G) (immigration violations), (8) (documentation requirements), or (10) (miscellaneous). The Secretary may waive specified grounds under INA §212(a)(1), (2)(A), (C), or (D), (6)(D)–(G), or (10)(D) for humanitarian purposes, family unity, or public interest, except if based on a conviction rendering the alien ineligible for TPS under INA §244(c)(2)(B). Applications require a fee not exceeding $1,140 (subject to exemption under §303(c)), satisfaction of background checks under §302 before granting status, and permit withdrawal without prejudice to future applications.

This section provides that an alien granted temporary protected status (TPS) is considered as having been inspected and admitted into the United States. (Thus, TPS beneficiaries satisfy the inspected-and-admitted requirement for adjustment of status to lawful permanent resident under INA §245(a).)

This section defines terms used in the Act, including by cross-reference to existing law: (1) "institution of higher education" as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)—which generally includes certain foreign institutions eligible for Direct Loans under subchapter IV—but excluding institutions outside the United States; (2) "DACA" as deferred action under the Department of Homeland Security's June 15, 2012, policy; and (3) others such as "disability," "Federal poverty line," and "recognized postsecondary credential." It further specifies that, for adjustment of status under the Act, expunged convictions, rehabilitative dispositions, or equivalents do not constitute convictions under the Immigration and Nationality Act.

This section prohibits the Secretary from granting an alien adjustment of status under this Act, on either a conditional or permanent basis, unless the alien submits biometric and biographic data in accordance with procedures established by the Secretary and security and law enforcement background checks using such data are completed to the Secretary's satisfaction. The Secretary must provide an alternative procedure for aliens unable to submit such data due to physical impairment.

This section establishes protections for aliens who appear prima facie eligible for relief under the Act, including (1) a reasonable opportunity to apply for such relief before removal, subject to a final ineligibility decision; (2) permission for aliens subject to removal orders or voluntary departure to apply for adjustment of status without a separate motion to reopen, with cancellation of the order upon approval or enforcement only after exhausting remedies upon denial; (3) fee exemptions for applicants who are 18 years of age or younger, have income below 150% of the federal poverty line in the prior 12 months, are in foster care or lack familial support, or have a serious chronic disability; (4) eligibility for advance parole during the pendency of an adjustment application, notwithstanding INA §101(g) (8 U.S.C. 1101(g)); and (5) employment authorization for aliens with stayed removal, those not subject to removal proceedings, or those with pending applications.

This section establishes rules for determining continuous physical presence and continuous residence in the United States for aliens applying for permanent resident status under the Act. Specifically, it provides that (1) service of a notice to appear does not terminate such periods; (2) an alien fails to maintain continuous physical presence if absent for any single period exceeding 90 days or aggregate periods exceeding 180 days, and fails to maintain continuous residence if absent for any period exceeding 180 days (unless the alien shows no abandonment of residence); (3) the Secretary of Homeland Security may extend those time periods for extenuating circumstances beyond the alien's control, including serious illness of the alien or immediate family member, visa processing delays, or travel restrictions due to the COVID-19 public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d); and (4) excludes from those periods any DHS-authorized travel. The section further authorizes the Secretary to waive, as a matter of discretion, the physical presence requirement under sections 102(b)(1)(A) or 202(a)(2) of the Act for humanitarian purposes, family unity, or other public interest reasons for aliens removed or who departed the United States on or after January 20, 2017, after at least four years of prior continuous physical presence; it also requires a procedure, in consultation with the Secretary of State, for such aliens to apply for relief under sections 102 or 202 from outside the United States.

This section exempts the grant of permanent resident status under this Act—whether on a conditional basis or without the conditional basis as provided in section 104(c)(2)—from any numerical limitations in this Act or any other law.

This section establishes administrative and judicial review processes for denials or revocations of adjustment of status under this Act. It directs the Secretary, not later than 30 days after enactment, to provide applicants with a process for administrative appellate review; authorizes judicial review in an appropriate U.S. district court, notwithstanding other law; and stays removal pending a final decision establishing ineligibility, except that the Secretary may remove an alien on criminal or national security grounds described in this Act (with prompt return required if the denial or revocation is reversed).

This section establishes acceptable forms of documentation that aliens may submit to the Secretary to apply for permanent resident status under the Act, including: (1) for identity, a passport, birth certificate, school ID, Uniformed Services ID, U.S. government or state-issued ID, or other credible evidence; (2) for entry at age 18 or younger, continuous physical presence or residence, or lack of abandonment of residence, passport stamps, DHS records, school or employment records, medical records, utility bills, affidavits, or other credible evidence; (3) for admission to an institution of higher education, a certification of admission or current enrollment; (4) for receipt of a degree from an institution of higher education, a diploma or similar document; (5) for a high school diploma, GED, or equivalent, the diploma, equivalency certificate, exam results, career-technical certification, postsecondary credential, or other credible evidence; and (6) for current enrollment in a qualifying school or educational program, school records showing attendance and grade level. The section further specifies documents to establish exemption from application fees, such as proof of age 18 or younger.

This section directs the Secretary to publish interim final rules in the Federal Register implementing the Act not later than 90 days after enactment, allowing eligible individuals to immediately apply for relief under the Act; notwithstanding notice-and-comment and delayed effective date requirements of the Administrative Procedure Act (5 U.S.C. § 553), the rules take effect immediately on an interim basis upon publication (subject to later revision after public comment), with final rules due not later than 180 days after publication. The section exempts all actions to implement the Act from requirements of the Paperwork Reduction Act (chapter 35 of title 44, U.S.C.).

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

This section establishes a grant program within U.S. Citizenship and Immigration Services to award competitive grants to eligible nonprofit organizations for assisting eligible applicants under this Act. Grant funds support (1) public information on eligibility and benefits of permanent resident status under this Act; (2) application assistance for adjustment of status, including eligibility screening, form completion, documentation, and related support; and (3) instruction on U.S. citizenship rights and responsibilities, civics, English as a second language, General Education Development test preparation, and citizenship applications. The section authorizes appropriations of such sums as necessary for FY2026 through FY2036, to remain available until expended.

This section provides that an alien's eligibility for adjustment of status to lawful permanent resident under this Act—whether on a conditional basis or not—does not preclude the alien from seeking any other status under other provisions of law for which the alien may otherwise be eligible.

This section imposes a $25 surcharge on fees charged under the Act (except as provided in section 302 or where applicants are exempt under section 303(c)) to provide appointed counsel to applicants seeking judicial review of the Secretary's provisional denial of an application. The section establishes the Immigration Counsel Account in the Treasury general fund, deposits surcharge collections into the account for availability until expended to fund such counsel, and requires the Secretary of Homeland Security to submit biennial reports to Congress on the account's status—including balances—and any recommended adjustments to the surcharge to match projected costs for the succeeding two years.

This section requires the Secretary of Homeland Security to submit to Congress, not later than one year after the date of enactment of this Act and annually thereafter, a report detailing the number of applicants who receive (1) a provisional denial under this Act, (2) a final denial under this Act without seeking judicial review, (3) a final denial under this Act after seeking judicial review, and (4) an approval under this Act after seeking judicial review.