S. 3348 — Dream Act of 2025

This section establishes definitions for terms used in the Act. It incorporates the meaning of terms from the immigration laws (as defined in the Immigration and Nationality Act); defines "applicable Federal tax liability" as liability for taxes imposed under the Internal Revenue Code of 1986, including penalties and interest; defines "DACA" as deferred action granted under the Deferred Action for Childhood Arrivals program announced on June 15, 2012; defines "permanent resident status on a conditional basis" as status as an alien lawfully admitted for permanent residence on a conditional basis under the Act; and defines "Secretary" as the Secretary of Homeland Security unless otherwise provided. It further adopts existing definitions for "Armed Forces" and "uniformed services" (from 10 U.S.C. §101(a)); "disability" (from the Americans with Disabilities Act of 1990); "early childhood education program," "institution of higher education" (excluding those outside the United States), and "poverty line" (from specified provisions of the Higher Education Act of 1965 and Community Services Block Grant Act); and "elementary school," "high school," and "secondary school" (from the Elementary and Secondary Education Act of 1965).

This section establishes conditional lawful permanent resident status for certain aliens who entered the United States before age 18, have maintained continuous physical presence since four years before enactment, satisfy limited inadmissibility and criminal grounds (with waivers available for some grounds under INA §212(a)(2), (6)(E), (6)(G), or (10)(D)), demonstrate education attainment or enrollment (e.g., high school diploma, GED, higher education) or qualifying military service, and affirm tax compliance. It requires the Secretary of Homeland Security to cancel removal and adjust status for such aliens who are inadmissible or deportable, in temporary protected status (TPS) under INA §244 (8 U.S.C. §1254a), or sons or daughters of certain nonimmigrant visa holders (E-1, E-2, H-1B, or L); directs case-by-case review of expunged convictions; and mandates adjustment for prior DACA recipients absent disqualifying post-grant conduct. This section authorizes a processing fee (exempt for applicants under age 18 who are homeless, in foster care without support, disabled with income below 150% of the poverty line, or with $10,000+ in unreimbursed medical debt).

This section establishes terms for permanent resident status granted on a conditional basis, providing that such status is valid for a period of 8 years unless extended by the Secretary of Homeland Security and is subject to termination if the alien ceases to meet specified requirements under section 3(b)(1)(C) of the Act (following notice and a hearing opportunity). The section further requires the Secretary to provide the alien with notice of applicable provisions and removal requirements upon granting such status and directs that, upon expiration, termination, or denial, the alien reverts to the prior immigration status except that an alien previously holding temporary protected status (TPS) under INA §244 (8 U.S.C. §1254a)—a temporary immigration benefit barring removal and authorizing employment for nationals of designated countries facing ongoing armed conflict, environmental disaster, or other extraordinary conditions—may not revert to TPS if the relevant country designation has terminated or the basis for ending conditional status renders the alien TPS-ineligible.

This section establishes requirements for the Secretary of Homeland Security to remove the conditional basis of permanent resident status granted under this Act and grant unconditional lawful permanent resident status to eligible aliens. Removal requires that the alien (1) is described in section 3(b)(1)(C) of this Act, subject to its paragraphs (2) and (3), and has not abandoned U.S. residence; (2) has acquired a degree from a U.S. institution of higher education or completed at least two years in good standing toward a bachelor's or higher degree, served at least two years in the Armed Forces with an honorable discharge, or been employed for periods totaling at least three years and at least 75% of the time with valid employment authorization (excluding periods of non-employment while enrolled in higher education, secondary school, or specified education programs); and (3) demonstrates an understanding of English (i.e., ability to read, write, and speak ordinary words) and knowledge of U.S. history, principles, and government fundamentals under INA §312(a) (8 U.S.C. 1423(a)), unless unable due to physical or developmental disability or mental impairment. (As background, INA §312(a) sets naturalization literacy and civics requirements, with existing exceptions for age and long-term permanent residents over age 50 or 55.) The section provides a hardship exception allowing removal if the alien meets requirements (1) and (2) above, demonstrates compelling circumstances preventing fulfillment of requirement (3), and shows a disability, full-time caregiving of a minor child, or extreme hardship to the alien or a U.S. citizen or lawful permanent resident spouse, parent, or child. It further authorizes a reasonable application processing fee (exempt for applicants under age 18 who are low-income homeless youth in foster care or lacking support, homeless, seriously disabled with income below 150% of the poverty line, or with $10,000+ in unreimbursed medical debt and income below 150% of the poverty line); requires biometric and biographic data submission (with alternatives for physical impairments) and completion of security and law enforcement background checks; and, for naturalization purposes, treats conditional permanent residents as lawfully admitted to the United States but prohibits naturalization applications until the conditional basis is removed.

This section establishes documentation requirements for aliens applying for conditional permanent resident status under this Act, specifying acceptable documents to prove (1) identity (e.g., passport, birth certificate, school ID); (2) continuous physical presence or non-abandonment of U.S. residence (e.g., employment records, school records, utility bills, affidavits); (3) initial entry into the United States before age 18 (e.g., passport stamps, school records, medical records); (4) admission to an institution of higher education (i.e., certification from the institution); (5) receipt of a degree from a U.S. institution of higher education (i.e., diploma or similar document); (6) high school diploma, general educational development certificate, or equivalent (e.g., diploma, certificate, or exam evidence); (7) enrollment in specified educational programs (i.e., school records showing name, attendance periods, and grade level); and (8) exemption from application fees.

This section establishes expedited rulemaking procedures for the Secretary to implement the Act, notwithstanding notice-and-comment requirements under 5 U.S.C. 553. Specifically, the section (1) requires initial regulations published in the Federal Register not later than 90 days after enactment, allowing eligible individuals to apply affirmatively for relief available under section 3 without placement in removal proceedings; (2) makes such regulations effective on an interim basis immediately upon publication, subject to change after public notice and comment; (3) requires final regulations published not later than 180 days after interim regulations are published; and (4) exempts all implementation actions from the Paperwork Reduction Act (44 U.S.C. ch. 35).

This section prohibits the Secretary from disclosing or using information provided in applications under the Act or DACA requests for immigration enforcement and from referring individuals granted conditional permanent resident status or DACA to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or their designees. It permits limited exceptions for sharing such information with federal security and law enforcement agencies (1) to assist in considering an application for conditional permanent resident status, (2) to identify or prevent fraudulent claims, (3) for national security purposes, or (4) for investigating or prosecuting a felony unrelated to immigration status. 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.