Section 1 Short title
This Act may be cited as the “9/11 Immigrant Worker Freedom Act”.
9/11 Immigrant Worker Freedom Act
A BILL
To provide individuals who performed rescue, recovery, demolition, debris cleanup, or other related services after the September 11 terrorist attacks an opportunity to adjust their status to that of lawful permanent residents, and for other purposes.
Sec. 2 Adjustment of status for certain workers after terrorist attacks
Adjustment of status— Notwithstanding any other provision of law, the Secretary of Homeland Security or the Attorney General shall adjust the status of any individual described in subsection (b) to that of an alien lawfully admitted for permanent residence if such individual applies for such adjustment not later than 18 months after the date of the enactment of this Act, which may be extended at the discretion of the Secretary in cases with compelling circumstances.
Aliens eligible for adjustment of status—
In general— The benefit provided by subsection (a) shall apply to any alien who—
worked or volunteered onsite in rescue, recovery, debris cleanup, or related support services in lower Manhattan (south of Canal St.), the Staten Island Landfill, or the barge loading piers, for at least 4 hours during the period beginning on September 11, 2001, and ending on September 14, 2001, for at least 24 hours during the period beginning on September 11, 2001, and ending on September 30, 2001, or for at least 80 hours during the period beginning on September 11, 2001, and ending on July 31, 2002;
was a vehicle-maintenance worker who was exposed to debris from the former World Trade Center while retrieving, driving, cleaning, repairing, and maintaining vehicles contaminated by airborne toxins from the September 11, 2001, terrorist attacks for any time during the period beginning on September 11, 2001, and ending on July 31, 2002;
was a member of a fire or police department (whether fire or emergency personnel, active or retired), worked for a recovery or cleanup contractor, or was a volunteer; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Pentagon site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on November 19, 2001; or
was a member of a fire or police department (whether fire or emergency personnel, active or retired), worked for a recovery or cleanup contractor, or was a volunteer; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Shanksville, Pennsylvania, site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on October 3, 2001.
Exception— An alien shall not be provided any benefit under this section if the Secretary of Homeland Security or the Attorney General determines that the alien has willfully made a material misrepresentation or material omission in the proffer of information described in paragraph (1).
Work authorization— An alien who has applied for adjustment of status under subsection (a) shall be provided authorization to engage in employment in the United States during the pendency of such application.
Fee waiver based on an inability To pay—
In general— The Secretary of Homeland Security shall waive fees with respect to the filing of an application under this section for an alien who demonstrates to the satisfaction of the Secretary that such alien—
is the recipient of a means-tested benefit where the Federal, State, or local agency administering such public benefit considers the income and resources of the individual in granting such benefit;
has an income is no greater than 250 percent of the Federal poverty guidelines; or
faces extraordinary financial hardship that prevents them from paying the filing fee.
Corrective filing— If the Secretary finds that an applicant is ineligible for a fee waiver under this subsection, the Secretary shall notify applicants of the basis for such ineligibility, and allow applicants 90 days from the date on which the Secretary provides such notice to submit additional evidence of eligibility. Such applicant shall retain the original filing date of the application or petition associated with the fee waiver.
Federal poverty guidelines— The term Federal poverty guidelines has the meaning given such term by the Director of the Office of Management and Budget, as revised annually by the 18 Secretary of Health and Human Services in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)).
Public charge—
Finding of public charge— Receipt of an application for a fee waiver under this section shall not be considered in a public charge determination pursuant to section 212(a)(4) or section 237(a)(5).
Sponsors— Receipt of or application for a fee waiver by the sponsor of an immigration petition shall not be considered as a factor in consideration of an affidavit of support filed by the sponsor.
Construction— Nothing in this section may be construed—
to limit the existing authority of the Secretary of Homeland Security or the Attorney General on the date of the enactment of this Act to require any form or other submission of information or to perform any background or security check for the purpose of determining the admissibility, or eligibility under this section, of any alien; or
to authorize the Secretary or the Attorney General to consider any condition of eligibility not set forth in this Act.
Waiver of regulations—
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary shall publish in the Federal Register interim final rules implementing this Act, which shall allow eligible individuals to immediately apply for relief under this Act. Notwithstanding section 553 of title 5, United States Code, the regulation shall be effective, on an interim basis, immediately upon publication, but may be subject to change and revision after public notice and opportunity for a period of public comment. The Secretary shall finalize such rules not later than 180 days after the date of publication.
Paperwork reduction act— The requirements under chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”) shall not apply to any action to implement this Act.
Confidentiality of information—
In general— The Secretary may not disclose or use information (including information provided during administrative or judicial review) provided in applications filed under this Act for the purpose of immigration enforcement.
Referrals prohibited— The Secretary, based solely on information provided in an application under this Act (including information provided during administrative or judicial review) 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.
Limited exception— Notwithstanding subsections (a) and (b), information provided in an application under this Act may be shared with Federal security and law enforcement agencies—
for assistance in the consideration of an application for adjustment of status under this Act;
to identify or prevent fraudulent claims;
for national security purposes; or
for the investigation or prosecution of any felony offense not related to immigration status.
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.
No offset in number of visas available— When an alien is granted the status of having been lawfully admitted for permanent residence under this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
Definitions— Except as otherwise specifically provided in this section, the definitions used in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) (excluding the definitions applicable exclusively to title III of such Act) shall apply in the administration of this section.