Immigration Reform and Guest Worker Bill
At a Glance
- Requires all unauthorized immigrants to register within 180 days or face permanent ineligibility
- Creates guest worker visas tied to quarterly labor shortage data
- Mandates E-Verify for all employers within two years
- Penalties up to $150,000 per worker for employers who hire unauthorized workers
- Non-Dreamer covered individuals must depart and apply for citizenship from abroad — no general amnesty
- Dreamers have the only in-country earned pathway: diploma + trade cert/AA/60 credits + service + 7-year conditional period
- Parents of Dreamers who are under 18 when the parent applies receive deferred enforcement until the child turns 18
- Directs reduction of legal immigration backlogs and increased per-country visa caps

An estimated 11 to 12 million people live in the United States without legal status[1]. They are the workers who pick the produce Americans eat, frame the houses Americans live in, clean the offices Americans work in, and care for the children and elderly Americans love. Many have lived here for decades, paid taxes, raised families, and become part of the fabric of their communities—yet they exist in a permanent shadow, vulnerable to exploitation by employers who know these workers cannot complain, and separated from the legal protections that every person in America deserves. This is not a system that works for anyone: not for unauthorized immigrants living in fear, not for American workers whose wages are undercut by an exploitable labor force, and not for employers trying to follow the law while competitors cheat.
The current immigration system is broken in ways that defy common sense. Industries that depend on immigrant labor—agriculture, construction, food processing, hospitality, healthcare—face chronic worker shortages that domestic labor cannot fill, yet legal pathways for these workers are capped at arbitrary numbers, buried in bureaucratic delays, and disconnected from actual economic demand. The H-2A and H-2B visa programs are so cumbersome that many employers find it easier to hire without verifying status than to navigate the system legally. Meanwhile, border enforcement agencies spend billions processing economic migrants who pose no security threat, diverting resources from the drug traffickers, human smugglers, and genuine security risks that demand attention.
The human cost of inaction is staggering. Families live in constant fear of separation. Children who are American citizens grow up with the psychological burden of knowing their parents could be deported at any moment. Workers endure wage theft, unsafe conditions, and abuse because reporting violations means risking everything. And communities across America—from meatpacking towns in the Midwest to farming communities in California—depend on a workforce that has no legal standing, no stability, and no path forward.
This legislation replaces dysfunction with accountability. Every unauthorized immigrant must register within 180 days, submit to a background check, and either obtain a guest worker visa tied to a verified labor shortage or depart. Those who fail to register face permanent ineligibility for any visa or immigration benefit. Employers face escalating penalties—up to $150,000 per worker and criminal prosecution—for knowingly hiring unauthorized workers. E-Verify becomes mandatory for all employers within two years. A new guest worker visa program, calibrated quarterly to actual labor market data, creates legal pathways where demand exists while requiring prevailing wage payments that protect American workers from undercutting. The bill does not offer general amnesty. Adults who entered voluntarily must depart and apply for citizenship through the same process as everyone else. However, registered guest workers who maintained GW-1 status in good standing for at least three consecutive years and then departed voluntarily will not be penalized by the unlawful presence bars that currently make return impossible, giving them a real opportunity to get in line without being punished for having come forward. It offers a choice: come into the light, follow the rules, and contribute legally, or face consequences. That is not open borders. It is the rule of law applied with common sense.
The single exception is for Dreamers—people brought to this country before age sixteen as children who had no choice in the matter. A three-year-old carried across a border bears no moral culpability for that crossing. Many Dreamers have lived here for decades, attended American schools, speak English as their first language, and know no other home. This legislation creates a demanding earned pathway to conditional permanent residency and eventual citizenship for those who prove they deserve it: a high school diploma plus at least a trade certificate, associate degree, or 60 college credit hours; two years of employment or military or national service; English proficiency; tax compliance; a clean criminal record; and a seven-year conditional period with annual compliance checks—all before permanent residency is granted. The minimum timeline from registration to citizenship is thirteen to fifteen years. This is not a handout. It is the most demanding earned pathway in any proposed immigration legislation—and the only in-country path in this bill.
The legislation also recognizes that deporting the parents of a Dreamer child would undermine the child's ability to meet the pathway's rigorous requirements. Either or both parents of a Dreamer who is under age eighteen at the time that parent applies for deferred enforcement may receive deferred enforcement—not exemption—until the child reaches adulthood, at which point the full requirements of this Act apply. During the deferral, parents must check in annually, submit to background checks, and maintain a clean record. This is a bridge for the child's stability, not a reward for the parents. To ensure the Dreamer pathway does not come at the expense of those who followed the rules, the bill also directs improvements to the legal immigration system—reducing processing backlogs, increasing per-country visa caps, and streamlining bureaucratic delays—so that patience and compliance are rewarded rather than punished.
Problems the Bill Aims to Solve
Erosion of Immigration System Integrity. Unregulated immigration undermines the rule of law and public confidence in government institutions. An estimated 11 to 12 million unauthorized immigrants reside in the United States[1], with that population having remained largely stable for much of the past decade due to a combination of increased border enforcement and economic factors. Without a structured process for those already in the country without legal status, enforcement becomes inconsistent, creating a shadow population that exists outside formal legal structures. This ambiguity breeds public cynicism about whether immigration laws have any practical meaning and fuels political polarization that prevents constructive reform.
Exploitation of Vulnerable Workers. Individuals without legal status are highly susceptible to abuse by employers, landlords, and criminal actors because they lack legal protection and fear deportation if they report mistreatment. Wage theft, unsafe working conditions, sexual harassment, and human trafficking disproportionately affect unauthorized workers who have no practical recourse. The Department of Labor has documented systematic violations in industries with high concentrations of unauthorized workers, including agriculture, construction, food processing, and domestic services[2]. This exploitation is not only a humanitarian concern—it creates a two-tiered labor system that undermines protections for all workers.
Labor Market Mismatches and Economic Inefficiency. U.S. industries experience both skilled and unskilled labor shortages that shift with economic conditions, regional demand, and demographic changes. The current visa system, designed decades ago, does not adapt quickly or transparently to these changing needs. Agricultural employers report chronic shortages during harvest seasons. Construction, healthcare, and hospitality industries face persistent vacancies that domestic workers cannot or will not fill at prevailing wages. Meanwhile, the H-2A and H-2B visa programs are bureaucratically cumbersome, with caps that bear no relationship to actual employer demand[3]. The disconnect between labor needs and legal pathways incentivizes illegal hiring and unauthorized entry.
Wage Suppression and Unfair Competition. When employers can hire workers outside normal labor protections—paying below minimum wage, avoiding payroll taxes, and ignoring workplace safety standards—it creates downward pressure on wages and working conditions for all workers in affected industries. American workers and law-abiding employers cannot compete fairly against those who exploit unauthorized labor. Studies indicate that industries with high concentrations of unauthorized workers experience measurable wage depression, particularly affecting native-born workers without college degrees[4]. A functional guest worker program with prevailing wage requirements would level the playing field while meeting legitimate labor demand.
Border Security Resource Misallocation. Current policy forces border enforcement agencies to process large numbers of economic migrants alongside genuine asylum seekers, drug traffickers, and security threats. Creating legal pathways for workers who pose no security risk would allow Customs and Border Protection to concentrate resources on actual threats rather than processing families seeking employment. The absence of realistic legal options for economic migration guarantees continued unauthorized crossings regardless of enforcement spending.
Family Separation and Community Disruption. The current system forces millions of families into legal limbo, with unauthorized parents of U.S. citizen children facing potential deportation at any moment. This uncertainty disrupts communities, schools, and local economies. Children growing up in mixed-status families experience documented psychological harm from deportation fears[5]. A registration and accountability system would bring these families into the open, allowing them to contribute fully to their communities while meeting all legal obligations.
Dreamers Bear Consequences for Decisions They Did Not Make. An estimated 3.6 million people were brought to the United States as children and have grown up as Americans in every respect except legal status[6]. (This figure covers all individuals brought here before age 18; this bill's pathway applies to those brought before age 16, meaning the eligible population is meaningfully smaller.) Of these, fewer than 600,000 hold temporary DACA protection—a two-year renewable administrative deferral that confers no path to permanent legal standing—while more than 3 million others have never had any legal protection at all. Many have lived here for decades, attended American schools, speak English as their first language, and have no meaningful connection to their country of birth. The current system treats them identically to adults who chose to cross the border—requiring departure and reentry through standard channels that could mean years abroad in a country they do not know. This fails the basic legal principle that individuals should not be punished for acts they had no role in choosing. Approximately 545,000 active DACA recipients[7] are employed across the U.S. economy and contribute payroll and income taxes, yet they live in permanent legal limbo with no pathway to the stability they have earned through decades of contribution. A system that cannot distinguish between a thirty-year-old who crossed the border last year and someone brought here at age three who has lived, worked, and paid taxes for twenty-five years is not firm—it is indiscriminate.
DACA's Fragility Leaves Hundreds of Thousands Without Durable Protection. Even the limited protection DACA provides is not secure. Federal courts have found the program unlawful—a federal district court ruled in July 2021 that DACA violates federal law, upheld by the Fifth Circuit in October 2022[8]—and no new DACA applications have been processed since July 2021[7]. The approximately 545,000 current DACA recipients have built their lives on a protection that can be terminated by court ruling or executive action with little warning. Congressional legislation is the only durable solution. DACA was always a temporary patch, not a fix, and the courts have now confirmed it cannot substitute for an act of Congress.
Legal Immigration Backlogs Punish Those Who Follow the Rules. Millions of people who applied through legal channels wait years or decades for their visas to be processed. Employment-based visa applicants from countries like India face backlogs of a decade or more—and potentially several decades for new applicants—due to per-country caps that bear no relationship to demand[9]. Family-sponsored applicants in some categories wait ten to twenty-five years. These delays punish compliance—the people who did everything right spend the longest waiting. Any reform that creates new pathways for unauthorized immigrants without simultaneously improving the legal system sends a message that following the rules is for suckers. Reducing backlogs, increasing per-country caps, and streamlining processing are essential both on the merits and as a matter of basic fairness to legal immigrants whose patience has been tested long enough.
Immigration Reform and Guest Worker Act
120th Congress, 2nd Session
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Sec. 1. SHORT TITLE.
This Act may be cited as the "Immigration Reform and Guest Worker Act."
Sec. 2. DEFINITIONS.
- (1) COVERED INDIVIDUAL.—The term "covered individual" means any person present in the United States without lawful immigration status as of the date of enactment or who has overstayed or violated the terms of a previously issued visa.
- (2) GUEST WORKER VISA.—The term "Guest Worker Visa" means the GW-1 nonimmigrant visa classification established under Section 5.
- (3) LABOR SHORTAGE DETERMINATION.—The term "labor shortage determination" means a finding by the Secretary of Labor that a specific occupation or geographic region faces a documented shortage of available domestic workers.
- (4) PREVAILING WAGE.—The term "prevailing wage" means the wage level determined by the Secretary of Labor for the applicable occupation and geographic area.
- (5) DREAMER.—The term "Dreamer" means a covered individual who—
- (A) was physically present in the United States on the date of enactment of this Act;
- (B) was younger than 16 years of age on the date the individual first entered the United States without lawful immigration status or first became subject to an overstayed or violated visa;
- (C) has maintained continuous physical presence in the United States for not less than five consecutive years immediately preceding the date of enactment; and
- (D) is not a person described in Section 3(2).
- (6) CONDITIONAL PERMANENT RESIDENT STATUS.—The term "conditional permanent resident status" means the status granted under Section 6 of this Act to a Dreamer who has been issued a Dreamer Registration Document under Section 6(a)(3) or who has been granted conditional status under Section 6(b), which confers lawful residence and employment authorization subject to conditions and revocation as provided therein.
- (7) QUALIFYING DREAMER.—The term "qualifying Dreamer" means a Dreamer as defined in paragraph (5) who is under the age of eighteen as of the date on which a parent applies for deferred enforcement under Section 7.
- (8) DISQUALIFYING CRIMINAL OFFENSE.—The term "disqualifying criminal offense" means any felony, any offense classified as an aggravated felony under section 101(a)(43) of the Immigration and Nationality Act, any crime of domestic violence or child abuse, any offense involving drug trafficking, or accumulation of three or more misdemeanor convictions excluding minor traffic violations.
- (9) REGISTERED INDIVIDUAL.—The term "registered individual" means a covered individual who has completed registration under Section 3 and received a provisional registration document. For purposes of Section 11, the departure obligation is triggered one year from the date the provisional registration document is issued.
- (10) WORK-AUTHORIZED INDIVIDUAL.—The term "work-authorized individual" means an individual who holds a valid GW-1 visa under Section 5, a Dreamer Registration Document under Section 6(a)(3), work authorization issued under Section 7(8), or any other Federal authorization to work in the United States.
- (11) DREAMER REGISTRATION DOCUMENT.—The term "Dreamer Registration Document" means the document issued by the Secretary of Homeland Security under Section 6(a)(3) to an individual determined to meet the Dreamer eligibility requirements, which authorizes employment and protects the holder from removal proceedings for the duration of its validity.
Sec. 3. MANDATORY REGISTRATION PERIOD.
- (1) Each covered individual shall, not later than 180 days after enactment, appear at a designated registration center to submit to a background check, provide biometric data, provide proof of identity, and submit to a medical screening.
- (2) DISQUALIFICATION.—A covered individual shall be ineligible for registration and referred for removal if convicted of a felony, convicted of three or more misdemeanors, identified as a national security threat, or previously formally deported and unlawfully reentered.
- (3) Upon completion, each qualified individual shall receive a provisional registration document valid for one year.
Sec. 4. CONSEQUENCES OF FAILURE TO REGISTER.
- (1) Any covered individual who fails to register within the 180-day period shall be subject to immediate removal proceedings upon identification and permanently ineligible for any visa or immigration benefit.
- (2) The Secretary of Homeland Security shall conduct a multilingual public awareness campaign during the registration period.
Sec. 5. GUEST WORKER VISA PROGRAM.
- (1) There is established a GW-1 Guest Worker Visa for registered individuals with employment in a labor-shortage occupation, or foreign nationals applying from outside the United States for such employment.
- (2) The Secretary of Labor shall publish quarterly labor shortage determinations based on BLS data and employer attestations.
- (3) VISA TERMS.—A GW-1 visa shall be valid for one year, renewable annually for up to six years. Holders may change employers if the new employment is in a shortage occupation.
- (4) WAGE REQUIREMENTS.—Employers shall pay not less than the prevailing wage.
- (5) NO PATH TO CITIZENSHIP FROM WITHIN THE UNITED STATES.—
- (a) IN GENERAL.—Except as provided in Section 6 with respect to Dreamers who have been issued a Dreamer Registration Document under Section 6(a)(3) or granted conditional status under Section 6(b), nothing in this Act creates a path to permanent resident status or citizenship for any individual while present in the United States under a GW-1 visa or provisional registration.
- (b) CITIZENSHIP THROUGH STANDARD CHANNELS.—A GW-1 visa holder who wishes to pursue United States citizenship must first depart the United States and apply for an immigrant visa through the standard process administered by the Department of State from outside the United States. No application for permanent resident status or naturalization may be filed from within the United States by a current or former GW-1 visa holder, provided that this subsection shall not apply to any individual who meets the definition of Dreamer under Section 2(5) and is filing for conditional permanent resident status under Section 6(b) or for adjustment to lawful permanent resident status under Section 6(d).
- (c) WAIVER OF UNLAWFUL PRESENCE BARS.—Notwithstanding sections 212(a)(9)(B)(i)(I) and 212(a)(9)(B)(i)(II) of the Immigration and Nationality Act (the three-year and ten-year bars for unlawful presence), any individual who was registered under Section 3 of this Act, maintained good standing under the GW-1 program for not less than three consecutive years, has no criminal convictions other than minor traffic offenses, and departed the United States voluntarily shall not be subject to the unlawful presence bars when applying for an immigrant visa from outside the United States.
- (d) NO PREFERENTIAL TREATMENT.—An individual applying under subparagraph (b) shall receive no priority, preference, or expedited processing relative to any other applicant for an immigrant visa. Compliance with this Act demonstrates respect for the rule of law but does not confer an advantage over individuals who have waited in line through existing legal channels.
- (6) EXPIRATION OF MAXIMUM TERM.—A GW-1 holder who has reached the six-year maximum renewal period shall be notified in writing by the Secretary not later than 180 days before expiration. Upon expiration, the individual shall have 60 days to either: (i) depart the United States voluntarily, in which case Section 11(2) shall apply; or (ii) obtain any other lawful immigration status. Failure to depart or obtain lawful status within 60 days of GW-1 expiration shall result in formal removal proceedings, and the individual shall be permanently ineligible for any GW-1 visa and subject to a ten-year bar on reentry under Section 11(3). For purposes of this paragraph, the options available to the individual upon expiration are: (i) depart the United States voluntarily, in which case Section 11(2) shall apply; or (ii) obtain any other lawful immigration status.
Sec. 6. DREAMER EARNED RESIDENCY PATHWAY.
- (a) REGISTRATION REQUIREMENT.—
- (1) A Dreamer seeking status under this section shall register during the same 180-day period established under Section 3 and shall comply with all registration requirements therein, including background check, biometric data submission, proof of identity, and medical screening.
- (2) At the time of registration, a Dreamer shall declare intent to apply for conditional permanent resident status under this section and provide such evidence of eligibility as the Secretary of Homeland Security shall require by regulation, including but not limited to—
- (A) documentary evidence of the date of initial entry into the United States, including school records, medical records, religious institution records, or sworn affidavits from two or more individuals with personal knowledge;
- (B) documentary evidence of continuous physical presence for not less than five consecutive years, including lease agreements, utility records, employment records, tax filings, school enrollment records, or dated correspondence from Federal, State, or local government agencies; and
- (C) proof of age at the time of initial entry.
- (A) documentary evidence of the date of initial entry into the United States, including school records, medical records, religious institution records, or sworn affidavits from two or more individuals with personal knowledge;
- (3) The Secretary of Homeland Security shall adjudicate each Dreamer declaration within 180 days of receipt and issue a Dreamer Registration Document to each individual determined to meet the eligibility requirements. A Dreamer Registration Document shall authorize employment and protect the holder from removal proceedings for the duration of its validity.
- (b) APPLICATION FOR CONDITIONAL PERMANENT RESIDENT STATUS.—
- (1) IN GENERAL.—Not earlier than one year and not later than three years after receiving a Dreamer Registration Document, a Dreamer may apply for conditional permanent resident status by demonstrating that the individual meets each of the following requirements:
- (A) EDUCATION.—The applicant has obtained a high school diploma or General Education Development certificate from an accredited institution in the United States, and at least one of the following: an associate degree or higher from an accredited institution of higher education; a postsecondary certificate, credential, or license from an accredited trade, vocational, or technical program of not less than one year in duration; or completion of not less than 60 semester credit hours toward a bachelor's degree at an accredited institution. An applicant who has not yet obtained a high school diploma or GED at the time of application may satisfy this requirement by enrolling in a GED program within six months of receiving a Dreamer Registration Document and completing the program within two years of being granted conditional permanent resident status. Failure to complete within two years shall result in revocation of conditional status under subsection (f).
- (B) ENGLISH LANGUAGE PROFICIENCY.—The applicant demonstrates English language proficiency at a level sufficient for civic participation, as measured by a standardized test approved by the Secretary of Homeland Security. The Secretary may waive this requirement for an applicant who completed all secondary and postsecondary education in English.
- (C) EMPLOYMENT OR SERVICE.—The applicant demonstrates at least one of the following: not less than two years of cumulative employment in the United States, including employment documented through tax filings, employer statements, or other verifiable records; not less than two years of honorable service in the Armed Forces of the United States or reserve components thereof; or not less than two years of full-time service in a national civilian service program designated by the Secretary, including AmeriCorps, the Peace Corps, or a federally recognized volunteer emergency response organization.
- (D) CRIMINAL RECORD.—The applicant has not been convicted of any disqualifying criminal offense as defined in Section 2(8).
- (E) TAX COMPLIANCE.—The applicant has filed Federal income tax returns, or demonstrated exemption therefrom, for each year of the three-year period preceding the application and has no outstanding Federal tax liability or has entered into an approved installment agreement with the Internal Revenue Service.
- (F) SELECTIVE SERVICE.—If male and between the ages of 18 and 26, the applicant has registered with the Selective Service System.
- (A) EDUCATION.—The applicant has obtained a high school diploma or General Education Development certificate from an accredited institution in the United States, and at least one of the following: an associate degree or higher from an accredited institution of higher education; a postsecondary certificate, credential, or license from an accredited trade, vocational, or technical program of not less than one year in duration; or completion of not less than 60 semester credit hours toward a bachelor's degree at an accredited institution. An applicant who has not yet obtained a high school diploma or GED at the time of application may satisfy this requirement by enrolling in a GED program within six months of receiving a Dreamer Registration Document and completing the program within two years of being granted conditional permanent resident status. Failure to complete within two years shall result in revocation of conditional status under subsection (f).
- (2) FEES.—An applicant shall pay an application processing fee of $2,500 and a penalty assessment of $1,000 to reflect the violation of immigration law. Notwithstanding section 3302 of title 31, United States Code, the penalty assessment collected under this paragraph shall be deposited into a dedicated special fund in the Treasury, to be appropriated to the Executive Office for Immigration Review for immigration court operations and to the Secretary of Homeland Security for costs of administering the Dreamer pathway under this section.
- (3) BACKGROUND CHECK.—An applicant shall submit to a comprehensive background investigation conducted by the Federal Bureau of Investigation and the Department of Homeland Security. Any material misrepresentation shall result in denial and referral for removal proceedings.
- (c) TERMS OF CONDITIONAL PERMANENT RESIDENT STATUS.—
- (1) DURATION.—Conditional permanent resident status shall be granted for a period of seven years from the date of approval.
- (2) RIGHTS AND OBLIGATIONS.—An individual granted conditional permanent resident status shall be authorized to reside and work in the United States without restriction as to employer or occupation; be eligible for Federal student financial aid on the same terms as a lawful permanent resident; not be eligible to vote in any Federal, State, or local election; be subject to all obligations of United States residents including tax filing, jury service when called, and Selective Service registration; and not sponsor any family member for immigration benefits until the individual has obtained lawful permanent resident status under subsection (d).
- (3) ANNUAL COMPLIANCE CERTIFICATION.—During the conditional period, the individual shall certify annually to the Secretary of Homeland Security that the individual has not been convicted of any disqualifying criminal offense; has been employed, enrolled in an accredited educational institution, or serving in the Armed Forces or a designated national service program for not less than nine months of the preceding twelve-month period, except for documented medical incapacity or parental leave not exceeding six months; has filed all required Federal tax returns and has no delinquent Federal tax liability or has entered into an approved installment agreement with the Internal Revenue Service; has not departed the United States for any single period exceeding 180 consecutive days or for an aggregate period exceeding 365 days during the full conditional period without advance authorization by the Secretary; and has maintained a valid address on file with United States Citizenship and Immigration Services.
- (4) FAILURE TO CERTIFY.—An individual who fails to submit the annual certification within 90 days of its due date shall receive written notice at the last known address. If certification is not received within 60 days of such notice, conditional permanent resident status shall be terminated and the individual shall be placed in removal proceedings.
- (d) ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS.—
- (1) Not earlier than 90 days before the expiration of the seven-year conditional period and not later than one year after such expiration, an individual may apply for adjustment to lawful permanent resident status by demonstrating that the individual has satisfied all annual compliance certification requirements for the entire conditional period; has not been convicted of any disqualifying criminal offense at any time; has been employed, enrolled in education, or serving in the Armed Forces or national service for not less than 75 percent of the seven-year conditional period; demonstrates English language and civics knowledge sufficient for naturalization as prescribed by section 312 of the Immigration and Nationality Act; has filed all required Federal and State tax returns and has satisfied all tax obligations or entered into approved payment arrangements; and has not been a public charge as determined under section 212(a)(4) of the Immigration and Nationality Act during the conditional period.
- (2) An applicant shall pay an adjustment processing fee of $1,500.
- (3) Upon approval, the individual shall be granted lawful permanent resident status with the same rights and obligations as any other lawful permanent resident of the United States.
- (e) NATURALIZATION.—
- (1) An individual granted lawful permanent resident status under subsection (d) may apply for naturalization under the same terms, conditions, and waiting periods applicable to all lawful permanent residents under title III of the Immigration and Nationality Act, including the five-year continuous residence requirement under section 316(a).
- (2) Service in the Armed Forces of the United States during the conditional or permanent resident period shall be credited toward the continuous residence requirement for naturalization as provided under sections 328 and 329 of the Immigration and Nationality Act.
- (3) No provision of this section shall be construed to create an expedited or preferential pathway to naturalization. An individual applying under this subsection shall be processed in the same queue and under the same timeline as all other applicants for naturalization.
- (f) REVOCATION AND REMOVAL.—
- (1) MANDATORY REVOCATION.—Conditional permanent resident status shall be revoked and the individual placed in removal proceedings if the individual is convicted of any disqualifying criminal offense; obtained status through fraud, material misrepresentation, or submission of falsified documents; is determined to pose a threat to national security or public safety by the Secretary of Homeland Security; departs the United States for a continuous period exceeding 365 days without advance authorization; or fails to complete a GED program within the timeframe specified in subsection (b)(1)(A) where applicable.
- (2) DISCRETIONARY REVOCATION.—The Secretary of Homeland Security may revoke conditional permanent resident status if the individual fails to satisfy annual compliance certification requirements and does not demonstrate good cause for such failure within 120 days of written notice.
- (3) JUDICIAL REVIEW.—An individual whose conditional permanent resident status is revoked may seek review in immigration court within 30 days of notice of revocation. The immigration court shall have jurisdiction to review the factual and legal basis for revocation under a substantial evidence standard.
- (4) EFFECT OF REVOCATION.—An individual whose conditional permanent resident status is revoked shall be ineligible to reapply under this section and shall be subject to removal proceedings. Voluntary departure within 60 days of a final order of revocation shall not bar the individual from applying for an immigrant visa from outside the United States, subject to all applicable bars and waiting periods under the Immigration and Nationality Act.
- (g) PHYSICAL PRESENCE REQUIREMENT.—
- (1) This section shall apply only to individuals physically present in the United States on the date of enactment of this Act who register during the 180-day period established under Section 3.
- (2) No individual who was removed, deported, or voluntarily departed from the United States prior to the date of enactment may apply for benefits under this section from outside the United States or upon subsequent entry.
- (3) No individual who enters the United States after the date of enactment may qualify as a Dreamer under Section 2(5) of this Act.
- (h) LIMITATION ON PRECEDENT.—
- (1) This section constitutes a one-time resolution of a specific historical situation and shall not be construed to create a precedent for, or authorize the creation of, any additional in-country path to permanent resident status or citizenship for any other class of individuals.
- (2) No executive order, regulation, or administrative action may expand the class of individuals eligible under this section beyond those who meet the definition of Dreamer in Section 2(5) as of the date of enactment.
- (3) The principle underlying this section—that individuals should not bear legal consequences for immigration decisions made on their behalf during childhood—applies exclusively to the specific earned pathway established herein and does not authorize any generalized amnesty or blanket relief.
- (i) RULEMAKING.—Not later than 180 days after enactment, the Secretary of Homeland Security, in consultation with the Secretary of Labor, the Secretary of Education, and the Attorney General, shall promulgate regulations to implement this section, including standards for documentary evidence, approved English proficiency tests, designated national civilian service programs, and the annual compliance certification process.
Sec. 7. DEFERRED ENFORCEMENT FOR PARENTS OF QUALIFYING DREAMERS.
- (1) ESTABLISHMENT.—There is established a deferred enforcement status for the parents or legal guardians of a qualifying Dreamer, under which the obligations imposed by Sections 3, 4, 5, and 11 of this Act shall be held in abeyance for the duration of the deferral period.
- (2) ELIGIBILITY.—A covered individual may apply for deferred enforcement status if the applicant is the biological parent, adoptive parent, or legal guardian of a qualifying Dreamer; has resided in the same household as the qualifying Dreamer continuously for not less than one year as of the date of application; has not been convicted of a disqualifying criminal offense; is not identified as a national security threat; and has not been previously formally deported and unlawfully reentered the United States.
- (3) LIMITATION.—
- (a) Not more than two parents or legal guardians may receive deferred enforcement status with respect to any individual qualifying Dreamer.
- (b) Where a parent has more than one qualifying Dreamer, the deferral period shall terminate upon the date on which the youngest qualifying Dreamer attains the age of eighteen.
- (4) DEFERRAL PERIOD.—
- (a) The deferral period shall begin on the date on which the Secretary approves the application for deferred enforcement status.
- (b) TERMINATION EVENTS.—The deferral period shall terminate on the earliest of—
- (i) the date on which the youngest qualifying Dreamer of that parent attains the age of eighteen;
- (ii) the date on which the qualifying Dreamer departs the United States;
- (iii) the date on which the parent departs the United States;
- (iv) the date on which the parent is convicted of a disqualifying criminal offense; or
- (v) the date on which the Secretary determines that the parent has engaged in fraud or material misrepresentation in obtaining deferred enforcement status.
- (c) MINIMUM DEFERRAL PERIOD.—Notwithstanding paragraph (b)(i), a parent whose application is approved shall receive a deferral period of not less than one year from the date of approval, regardless of whether the qualifying Dreamer attains the age of eighteen during that period.
- (5) OBLIGATIONS DURING DEFERRAL.—
- (a) PRELIMINARY REGISTRATION.—A parent granted deferred enforcement status shall, not later than 90 days after approval, appear at a designated registration center to provide biometric data, proof of identity, proof of relationship to the qualifying Dreamer, and proof of the qualifying Dreamer's age and continuous presence.
- (b) ANNUAL CHECK-IN.—The parent shall appear annually at a designated registration center to confirm continued eligibility, provide updated address and employment information, and submit to a criminal background check.
- (c) CRIMINAL CONDUCT PROHIBITION.—A conviction for a disqualifying criminal offense shall result in immediate termination of deferred enforcement status and referral for removal proceedings.
- (d) COOPERATION.—The parent shall cooperate with all reasonable requests by the Secretary for information or documentation relevant to continued eligibility.
- (6) EFFECT OF TERMINATION.—
- (a) TRANSITION PERIOD.—Upon termination of the deferral period because the qualifying Dreamer attains the age of eighteen, the parent shall have one year to comply with the registration requirements of Section 3 and either obtain a GW-1 visa under Section 5 or other lawful status.
- (b) CREDIT FOR PRELIMINARY REGISTRATION.—Biometric data and identity verification completed under paragraph (5)(a) shall satisfy the corresponding requirements of Section 3, and the parent shall not be required to duplicate those procedures.
- (c) FAILURE TO COMPLY.—A parent who fails to complete registration or obtain lawful status within the one-year transition period shall be subject to the consequences set forth in Section 4.
- (d) INVOLUNTARY TERMINATION.—Where the deferral period terminates because of departure, criminal conviction, or fraud, the parent shall be subject to immediate removal proceedings and permanently ineligible for deferred enforcement status under this section.
- (7) NO ADDITIONAL RIGHTS CONFERRED.—
- (a) Deferred enforcement status does not constitute lawful immigration status and does not confer eligibility for any Federal public benefit.
- (b) Nothing in this section creates a path to permanent resident status or citizenship.
- (c) A parent granted deferred enforcement status remains a covered individual for all purposes of this Act, with the sole exception that enforcement of the specified obligations is held in abeyance during the deferral period.
- (8) WORK AUTHORIZATION.—The Secretary may, in the Secretary's discretion, issue a limited work authorization to a parent with deferred enforcement status, valid for one year and renewable during the deferral period, upon a determination that the parent has complied with all requirements of this section and is employed in or has a bona fide offer of employment in an occupation subject to a labor shortage determination under Section 5.
- (9) RULEMAKING.—The Secretary of Homeland Security shall promulgate regulations to implement this section not later than 180 days after the date of enactment.
Sec. 8. LEGAL IMMIGRATION PROCESSING IMPROVEMENTS.
- (1) BACKLOG REDUCTION.—The Secretary of State, in coordination with the Secretary of Homeland Security, shall reduce the average processing time for employment-based and family-sponsored immigrant visa applications by not less than 50 percent within three years of enactment through additional staffing, technology modernization, and procedural streamlining.
- (2) PER-COUNTRY CAP REFORM.—Notwithstanding section 202(a)(2) of the Immigration and Nationality Act, no employment-based immigrant visa category shall be subject to a per-country numerical limitation of less than 15 percent of the total number of such visas available in any fiscal year, effective in the first fiscal year beginning after the date of enactment.
- (3) PROCESSING TRANSPARENCY.—The Secretary of State shall publish quarterly reports detailing average processing times by visa category and country of chargeability, the number of applications pending, and the projected wait time for new applicants. Such reports shall be made publicly available online.
- (4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $500,000,000 for fiscal years 2027 through 2031 to carry out this section.
Sec. 9. MANDATORY EMPLOYER VERIFICATION.
- (1) All employers with 50 or more employees shall participate in E-Verify within one year of enactment. All employers shall participate within two years.
- (2) The Secretary shall upgrade E-Verify to provide real-time verification, biometric capability, and a secure appeals process.
Sec. 10. EMPLOYER PENALTIES.
- (1) An employer who knowingly employs any individual who is not a work-authorized individual, as defined in Section 2(10), shall be subject to civil penalties of $25,000 to $75,000 per worker for a first violation, $75,000 to $150,000 for a second violation, and for third or subsequent violations, $150,000 per worker plus criminal penalties of up to five years imprisonment and debarment from Federal contracts for five years. For purposes of this section, "employer" means any person or other entity that employs individuals for compensation in the United States, as further defined under section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).
- (2) An employer engaged in a pattern or practice of violations shall be subject to criminal prosecution and a fine of not more than $500,000 per offense.
- (3) WORKER PROTECTION.—
- (a) No employer shall take adverse action against any worker who reports or provides information regarding a potential violation of this Section to the Secretary of Labor, the Department of Homeland Security, or any Federal or State law enforcement agency. For purposes of this paragraph, "adverse action" includes termination, demotion, reduction in compensation, threats, or referral for immigration enforcement.
- (b) Any worker who believes an employer has taken adverse action in violation of this paragraph may file a complaint with the Secretary of Labor. The Secretary shall investigate and, upon finding a violation, may impose civil penalties under paragraph (1) against the employer.
- (c) Removal proceedings against any worker who has filed a complaint under this paragraph shall be automatically stayed pending final adjudication of such complaint.
- (d) Retaliation against a reporting worker shall be treated as a separate violation for purposes of paragraph (1).
Sec. 11. DEPARTURE REQUIREMENTS.
- (1) A registered individual who does not obtain a GW-1 visa or other lawful status within one year after the date of issuance of the provisional registration document, as provided in Section 2(9), shall depart the United States within 60 days.
- (2) Voluntary departure shall not bar future lawful visa applications.
- (3) Failure to depart shall result in formal removal proceedings and a ten-year bar on reentry.
Sec. 12. BORDER SECURITY RESOURCE REALLOCATION.
- (1) The Secretary shall conduct a comprehensive assessment of border security deployment within one year and reallocate resources to prioritize drug trafficking, human smuggling, and weapons trafficking interdiction; deploy advanced surveillance technology; and increase staffing at ports of entry.
- (2) There are authorized to be appropriated $3,000,000,000 for fiscal years 2026 through 2030.
Sec. 13. EFFECTIVE DATE.
- (1) This Act shall take effect 90 days after enactment.
- (2) The 180-day registration period begins on the effective date.
Sources
- Department of Homeland Security, Office of Homeland Security Statistics, "Estimates of the Unauthorized Immigrant Population." https://ohss.dhs.gov/topics/immigration/illegal/population-estimates
- U.S. Department of Labor Wage and Hour Division, Southeast Agricultural Industry Compliance Campaign Results, 2024. https://www.dol.gov/newsroom/releases/whd/whd20240319
- U.S. Government Accountability Office, "H-2B Visas: Additional Steps Needed to Meet Employers' Hiring Needs and Protect U.S. Workers," GAO-20-230. https://www.gao.gov/products/gao-20-230
- Congressional Budget Office, "The Foreign-Born Population and Its Effects on the U.S. Economy and the Federal Budget," 2020. https://www.cbo.gov/publication/55967
- National Academies of Sciences, Engineering, and Medicine, "The Integration of Immigrants into American Society," 2015. https://nap.nationalacademies.org/catalog/21746/the-integration-of-immigrants-into-american-society
- Migration Policy Institute, "Estimates of Potential Beneficiaries under the DREAM Act of 2021," February 2021. https://www.migrationpolicy.org/content/mpi-estimates-potential-beneficiaries-dream-act-2021
- U.S. Citizenship and Immigration Services, "Count of Active DACA Recipients," FY 2025 Q4. https://www.uscis.gov/sites/default/files/document/data/active_daca_recipients_fy2025_q4_v1.xlsx
- Texas v. United States, No. 1:18-cv-00068 (S.D. Tex. July 16, 2021) (Hanen, J.); State of Texas v. United States, 50 F.4th 498 (5th Cir. Oct. 5, 2022). https://www.courtlistener.com/opinion/8246834/state-of-texas-v-united-states/
- U.S. Department of State, Bureau of Consular Affairs, "Annual Report of Immigrant Visa Applicants in the Family-Sponsored and Employment-Based Preferences Registered at the National Visa Center as of November 1, 2023." https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2023_vF.pdf