Should 'Dreamers' & TPS Recipients Have a Path to Permanent Resident Status & Citizenship? (H.R. 6)
Do you support or oppose this bill?
What is H.R. 6?
(Updated November 17, 2020)
This bill — the American Dream and Promise Act of 2019 — would combine longstanding efforts to provide a roadmap for U.S. citizenship for unauthorized immigrant youth, people who have or are eligible for Deferred Action for Childhood Arrivals (DACA), people who had or were eligible for temporary protected status (TPS), and people with deferred enforced departure (DED). It combines the Dream Act of 2019 (H.R. 2820) and American Promise Act of 2019 (H.R. 2821).
Title I — Dream Act of 2019
This section of the bill would cancel the deportation of and grant conditional permanent resident (CPR) status to a person who’s inadmissible or deportable from the U.S. if they:
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Have been continuously physically present in the U.S. for at least four years before the date of this bill’s enactment;
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Entered the U.S. before turning 18;
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Have either 1) been admitted to a college, university or other higher educational institution; 2) earned a high school diploma, GED, or equivalent post-secondary education credential; or 3) are enrolled in a secondary school or education program that assists students in obtaining a high school diploma, GED or similar state-authorized exam, certificate or credential from a career or technical school providing education at the secondary level, or in obtaining a recognized post-secondary credential;
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Provide biometric and biographic data, with alternative procedures available for those with physical impairments;
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Pass a background check;
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Register for military selective service if required to;
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Pay a fee no greater than $495, though fee exemptions may apply;
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Aren’t inadmissible on criminal grounds, for security or terrorism-related grounds, smuggling, student visa abuse, ineligibility for U.S. citizenship, practicing polygamy, international child abduction, unlawful voting, or renouncing citizenship to avoid taxation;
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Have not participated in persecution;
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Have not been convicted of any federal or state offense punishable by a term of imprisonment of more than one year or three or more federal or state offenses for which the person was convicted on different dates and imprisoned for an aggregate of at least 90 days (excluding minor traffic offenses and state offenses for which an essential element is the person’s immigration status); and
- Have not been convicted of a crime of domestic violence, with exceptions for those who are victims of domestic violence, sexual assault, stalking, child abuse or neglect, or U.S. nonimmigrant status-eligible criminal activities or if is granted for humanitarian or family unity purposes or is in the public interest.
This section would also cancel deportation proceedings and allows for adjustment of status to conditional permanent resident (CPR) status for anyone who was granted DACA (unless they have become ineligible) or those who would’ve been eligible for DACA. It also prevents and stays the removal of children under 18 years old, allowing them to remain in the U.S. while they become eligible for relief in the future. Finally, it allows individuals deported or voluntarily removed on or after January 20, 2017 to apply for DACA from abroad if they’re otherwise eligible, even if they weren’t previously granted DACA (and if the sole reason for their removal or voluntary departure was their unlawful presence in the country).
All CPR status granted under this section of the bill would provide eligibility to remain in the U.S. for 10 years, unless extended by the Dept. of Homeland Security (DHS) Secretary. Those with CPR status would be treated like lawful permanent residents (LPRs) for purposes of access to professional, commercial, and business licenses. CPR status may be terminated if the individual no longer meets inadmissibility requirements. If an individual’s CPR status expires, is terminated, or is denied, they would return to their previous immigration status.
Persons with CPR status could subsequently be granted LPR status if they:
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Meet the inadmissibility requirements, subject to treatment of expungement definitions and inadmissibility waivers;
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Have not abandoned their residence in the U.S. during their period of CPR status;
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Meet one of the following requirements (subject to the hardship exception below): 1) earned a degree from an institution of higher education, or completed at least two years of a U.S. program leading to a bachelor’s degree or higher degree or certificate or credential from an area career and technical education school; 2) served in the military for at least 2 years and, if discharged, received an honorable discharge; or 3) have been employed for at least 3 years and at least 75 percent of the time the person has had employment authorization, except any periods in which they were enrolled in an institution of higher education, secondary school, or (high school equivalency) education program;
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Demonstrate an ability to read, write, and speak English and knowledge and an understanding of U.S. history and government, unless unable to because of a disability;
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Pay a reasonable fee commensurate with the cost of processing the application subject to fee exemptions based on specified need-based criteria;
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Provide biometric and biographic data, with alternative procedures available for those with physical impairments; and
- Pass a background check.
Exceptions for the education, military, and work requirements above for removing the conditional basis of a person’s CPR status could be made to grant LPR status if the person:
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Meets the admissibility requirements, subject to treatment of expungement definitions and inadmissibility waivers and has not abandoned their residence in the U.S. during their period of CPR status;
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Demonstrates compelling circumstances for their inability to complete higher education/military service/work requirement; and
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Demonstrates that they have a disability, are the full-time caregiver of a minor child, or that their removal would result in hardship to them, their spouse, parent, or child who is a national of the U.S. or holds LPR status.
A person could adjust to LPR status without having had CPR status if they:
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Demonstrate eligibility for CPR as described above;
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Have already fulfilled requirements relating to continuous residence and meeting the educational, military or work requirements (with hardship exceptions), and demonstrates the ability to read, write, and speak English and knowledge and understanding of U.S. history and government (unless the person is unable to because of a disability);
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Pay a reasonable fee commensurate with the cost of processing the application, subject to fee exemptions based on specified need-based criteria; and
- Pass a background check.
Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) would be repealed in order to allow states that want to offer in-state tuition rates or higher educational benefits on the basis of residency, without regard to a student’s immigration status, to do so. This bill would also confirm that those with CPR status may qualify for certain federal student assistance, including direct federal loans, Perkins loans, work study, grants, and programs designed to identify and encourage youth with financial or cultural needs, low-income families and others to pursue higher education.
Title II — American Promise Act of 2019
This bill would allow nationals of certain countries designated for Temporary Protected Status (TPS) or Deferred Enforced Departure (DED) to adjust status to LPR and have removal cancelled if they:
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Are a national of a country that had TPS designation on September 25, 2016, if they had TPS or were eligible for TPS on that date (even if the person did not register for TPS), or are a foreign national who had a grant of DED as of September 28, 2016;
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Have been continuously physically present in the U.S. for at least three years before the date of this bill’s enactment;
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Apply to adjust status within three years of enactment of this bill’s enactment; and
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Pay a filing fee capped at $1,140, with exemptions available for applicants under 18, applicants making under 150 percent of the federal poverty line, in foster care or lacking other familial or parental support, or who have serious chronic disabilities that compromise their ability to care for themselves.
Individuals who were removed or who voluntarily departed the U.S. may also adjust to LPR status if they:
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Apply from abroad;
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Were continuously physically present in the U.S. for at least three years before removal or departure;
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Had TPS or were eligible for TPS on September 25, 2016, or had DED as of September 28, 2016; and
- Were only removed or departed from the U.S. because they were in the country after their country’s TPS designation expired or after their DED or any extension of their DED expired; or, in the case of those who voluntarily departed, they did so because their country’s TPS designation was terminated.
Applicants may be inadmissible to the U.S. for the following reasons: public charges, unauthorized employment, entering the U.S. without being admitted or paroled, failure to attend removal hearings, misrepresentation, previous removal, unlawful presence, and expunged convictions.
For any applicant in removal proceedings, those proceedings would be stayed while their application for adjustment of status is pending.
In the future, if TPS is terminated for a country, the DHS Secretary would be required to provide the Judiciary Committees in the House and Senate within three days of announcing termination in the Federal Register. This report would include information about:
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What event prompted the TPS designation;
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How the country has remedied conditions that prompted the TPS designation and any continuing challenges linked to conditions upon initial designation;
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An analysis of the country’s ability to reabsorb its population;
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A description of methodologies used to determine improved country conditions; and
- Any other metrics the DHS Secretary deems necessary.
Individuals with LPR status under this section of the bill would be exempt from the English-language requirements for naturalization to U.S. citizenship. For the purpose of adjusting to LPR status, those with TPS would be considered inspected and admitted to the U.S. under immigration law.
Title III — General Provisions
This bill would prevent the removal of anyone who appears eligible or has a pending application under this bill. It’d allow anyone who has a removal order, who who has been granted voluntary departure, to apply for adjustment of status under this bill without having to file a motion to reopen, reconsider, or vacate the old removal order (and the prior removal order would be cancelled once an application under this bill is approved).
Waivers would be made available for certain grounds of inadmissibility, including: certain criminal grounds, smuggling, and student visa abuse or unlawful voting, for humanitarian or family unity purposes or if it’s in the public interest.
Applicants, including those with orders of removal, would be eligible to apply for advance parole from the time they apply for adjustment of status under this bill under a final decision is made on their application. Anyone whose removal is stayed, who can’t be placed into removal proceedings under this bill, or who has a pending application under this bill, and who applies for relief under this bill, would be granted employment authorization.
Anyone who departed the U.S. for over 90 days, or any periods over 180 days in total, would be considered to have failed to maintained continuous physical presence. Exceptions would be made for: 1) extenuating circumstances beyond the person’s control, including serious illness or death or serious illness of a parent, grandparent, sibling, or child or 2) travel outside the U.S. authorized by the DHS Secretary (e.g., advance parole).
U.S. Citizenship and Immigration Services (USCIS) would award competitive grants to nonprofits to provide education and assistance to eligible individuals. These grants could fund:
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Public education about eligibility for and benefits associated with the permanent resident statuses created by the legislation;Assistance with applications for the statuses created by the legislation, including conducting screenings for eligible applicants and helping applicants fill out applications and petitions and gathering requisite documents and evidence;
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Any other assistance deemed useful or necessary to apply for new statuses; and
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Assistance or instruction in: rights and responsibilities of U.S. citizenship, civics, ESL, GED preparation, and applying for adjustment of status and citizenship.
Argument in favor
DREAMers and those who are in the U.S. under Temporary Protected Status (TPS) or Deferred Enforced Departure (DED) rightfully should remain in the U.S. with a path to legal permanent resident status or citizenship.
Argument opposed
Given Republicans’ and President Trump’s opposition to allowing DREAMers and those under TPS and DED to stay in the U.S., it’s impossible for this bill to pass. Rather than wasting time on this bill, Congress should negotiate an immigration solution that can actually pass.
Impact
Unauthorized immigrants who are eligible for DREAMer status; unauthorized immigrants who are eligible for TPS; unauthorized immigrants who are eligible for DED status; DREAMers; TPS status holders; DED status holders; immigration advocacy nonprofits; USCIS; DHS; DOJ; and the DHS Secretary.
Cost of H.R. 6
The CBO estimates that implementing this bill would increase budget deficits by $34.6 billion over the 2020-2029 period as providing lawful immigration status would lead to increased consumption of federal benefits, such as Medicaid and food stamps.
Additional Info
In-Depth: Rep. Lucille Roybal-Allard (D-CA) introduced this bill as the 116th Congress’ version of the Dream Act — a bill that’s been introduced since 2001 to allow DREAMers to earn lawful permanent residence and American citizenship. This bill also includes protections and a path to citizenship for those in the country under TPS and DED:
“As a co-author of the original Dream Act, and as the congresswoman for the district with the nation's largest Dreamer population, it is a privilege to lead today’s introduction of the Dream and Promise Act. I have seen firsthand the love that our Dreamers have for our country. They are our neighbors and colleagues who help strengthen our communities. They are students, scientists, researchers, and small business owners. Our Dream and Promise Act recognizes the contributions and patriotism of Dreamers, TPS recipients, and DED beneficiaries by helping them stay in America, pursue a path to citizenship, and keep strengthening our great country. I look forward to fighting for the passage of this pivotal legislation in the House, and making it the law of the land.”
House Speaker Nancy Pelosi (D-CA) expressed her support for this bill in remarks at a press event calling for its passage:
“The Dream, and now Dream and Promise Act, is urgent for our country… [W]hen immigrants come here with their hopes and dreams and aspirations, and determination to make the future better for their country, that optimism, that courage, they’re American traits and all of these immigrants make America more American… 89 percent of the public support the Dreamers and now the TPS and DED part of all of that… We are not passing this as a message. We are passing this as a measure to make a difference in peoples’ lives. Again, inside maneuvering can only go so far, outside mobilization gives us hope.”
In a letter to House Speaker Nancy Pelosi (D-CA), House Minority Leader Kevin McCarthy (R-CA), House Judiciary Committee Chair Rep. Jerry Nadler (D-NY), and House Judiciary Committee Ranking Member Doug Collins (R-GA), the American Council on Education (ACE) and 37 other higher education associations wrote:
“The Dream and Promise Act of 2019 would allow some undocumented young people, who have already invested in our country and in whom the country has already invested, to earn lawful permanent residence in the United States and a path to citizenship. Brought to our country as children, many of these “Dreamers” do not even remember the country they came from and consider America to be their only home. Through no fault of their own, they are unable to pursue their dreams and contribute more fully to our nation… This bill is designed to focus on the special case of undocumented young people who came to this country because of the actions of their parents. They are educated, English- speaking, and aptly suited to contribute to our nation’s economy and security. They grew up with American values and traditions, making them American in every way except for their immigration status. These bright and talented young people often have to overcome significant barriers to graduate from high school, and we should do all we can to remove them from an unacceptable political and legal limbo. They work and pay taxes. They serve in the military and teach in our schools. And tens of thousands of Dreamers have or are striving to earn a college degree. limbo. Many of our institutions also have students and employees who have lived, worked, and studied while under TPS and DED, and we support the efforts to include protections for this population in this legislation. When the president revoked DACA in September 2017, he called on lawmakers to pass legislation to protect Dreamers. It is clear that in Congress, and across the nation, there is widespread and bipartisan support for doing just that. We strongly urge you to advance this important legislation.”
Julia Gelatt, a Senior Policy Analyst at the Migration Policy Institute (MPI), argues that this bill’s odds of passage are virtually zero, but it does provide an opportunity for lawmakers to discuss an eventual compromise on immigration:
“The American Dream and Promise Act of 2019—the first bill introduced in the 116th Congress that would offer a path to legal status for DREAMers—is an expansive proposal, going beyond DREAM Act bills that have been pending in Congress in one form or another since 2001. While it has almost no chance of enactment, the legislation is intended to serve a pair of purposes: Set a Democratic marker for future immigration negotiations and represent a commitment that House Democrats will prioritize action on behalf of DREAMers and other unauthorized immigrants with longstanding U.S. ties.... While this bill is highly unlikely to be considered in the Republican-led Senate and even less likely to be signed into law, its debate and potential passage in the House could give lawmakers in both parties an opportunity to discuss what could represent the acceptable contours for a bipartisan compromise while the challenges to DACA and TPS termination wind their way through the courts, toward eventual Supreme Court consideration. Should the Supreme Court uphold the programs’ termination, ending protections for an estimated 1 million people, Congress will find itself under intense pressure to resolve the fates of these DACA and TPS recipients. This legislation represents an opening bid in what will surely be a long set of negotiations on these issues.”
All three of the programs in this bill — DACA, TPS, and DED — have come under attack from President Trump. He revoked DACA in September 2017, has been steadily terminating and failing to renew TPS protections for different countries, and initially ordered DED protections’ termination in 2019 (but extended the program through March 31, 2020 after public backlash). So far, federal courts have blocked Trump’s actions against DACA and TPS and DED’s future remains unclear; however, immigration advocates generally believe that in the absence of Congressional intervention, there’s a “serious danger” that people who’ve been protected from deportation under these programs would be forced to leave the country.
Although this bill has strong support and could pass the Democratic-controlled House, it’s unlikely to be considered — or passed — by the Republican-held Senate. It has an even lower chance of being signed into law by President Trump.
This bill's two component bills — the Dream Act of 2019 and American Promise Act of 2019 — have both passed the House Judiciary Committee. The Dream Act passed by a 19-10 vote and the American Promise Act passed by a 20-9 vote. After both bills' passage, Committee Chair Rep. Jerry Nadler (D-NY) called it "a historic day for so many" and "an incredible achievement for so many" for the committee to pass the American Promise Act. In a tweet, Rep. Pramila Jayapal (D-WA) added that the pair of bills are "the most progressive bills ever passed in the House!"
This bill has 232 Democratic cosponsors, as well as the support of the Center for American Progress, Third Way, the American Council on Education (ACE), numerous higher education organizations, the United States Conference of Catholic Bishops’ (USCCB) Committee on Migration, the Human Rights Campaign (HRC), the East Coast Asian American Student Union (ECAASU), the Laborers’ International Union of North America (LIUNA), and the Center for Immigration Studies of New York.
This bill is the most recent version of the Dream Act to be introduced in the House. The 2017 version of the Dream Act was bipartisan, but it’s unclear whether any Republicans will sign on to this broader version of it. Two of the six Republican cosponsors on the 2017 bill — former Reps. Ileana Ros-Lehtinen (R-FL) and Joe Barton (R-TX) — have retired; and the other four — Reps. Mike Coffman (R-CO), Carlos Curbelo (R-FL), Jeff Denham (R-CA), and David Valadao (R-CA) — lost their races in the 2018 midterms.
Versions of the Dream Act have been supported by some in Congress for years, although to date, there hasn’t been sufficient support for it to pass both chambers. In 2007, it was killed by a bipartisan filibuster in the Senate; in 2010 it passed the House but stalled in the Senate; and in 2013, it passed as part of a broader immigration package that passed the Senate, but failed in the House. That led to the Obama administration enacting the controversial DACA program that President Trump has repeatedly tried to kill.
Sen. Lindsey Graham (R-SC) and Dick Durbin (D-IL) have introduced the Dream Act (S.874) as an alternative to this bill that’s more similar in scope to previous versions of the Dream Act. Unlike this bill, the Graham-Durbin Dream Act would only grant amnesty and lifetime work permits — not legal permanent resident status or a path to citizenship. It’d also only apply to DREAMers, not those with TPS or DED status. In addition to Sens. Graham and Durbin, the Dream Act has one additional Republican cosponsor and two additional Democratic cosponsors, for a total of five bipartisan cosponsors.
Of Note: The National Immigration Forum estimates that this bill would allow nearly 700,000 DACA recipients, as well as another 1.6 million eligible DREAMers brought to the U.S. as children, to stay in the U.S. It’d also allow over 300,000 TPS holders and up to 3,600 individuals with DED to have the opportunity to remain in the U.S.
The Migration Policy Institute (MPI), which uses a methodology that assigns legal status in U.S. Census Bureau data, estimates that the numbers are slightly higher, at 2.3 million DREAMers who’d be eligible for CPR status and 429,000 TPS and DED holders who could apply immediately for LPR. All told, MPI estimates that this bill would put “slightly less than 2.7 million of the nation’s estimated 11.3 million unauthorized immigrants on a path to a green card.”
The Center for American Progress (CAP) reports that the average TPS recipient has lived in the U.S. for 22 years, with the vast majority of that time spent in lawful status; and the average DREAMer came to the U.S. at age eight.
Data indicates that the immigrants who’d benefit from this bill contribute to the U.S. economy. The USC Dornsife Center for the Study of Immigrant Integration estimates that in total, the immigrants who’d be affected by this bill and their households contribute $17.4 billion in federal taxes and $9.7 billion in state and local taxes and they hold $75.4 billion in spending power. New American Economy adds that in 2017, 93 percent of DACA-eligible immigrants and 94 percent of TPS beneficiaries were employed, and there were approximately 43,000 DACA-eligible entrepreneurs.Media:
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Sponsoring Rep. Lucille Roybal-Allard (D-CA) Press Release
- CBO Cost Estimate (Dream Act)
- CBO Cost Estimate (American Promise Act)
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House Speaker Nancy Pelosi (D-CA) Remarks (In Favor)
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Third Way (In Favor)
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The American Council on Education (ACE) and Others Letter (In Favor)
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New American Economy Press Release (In Favor)
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Human Rights Campaign (HRC) Blog (In Favor)
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East Coast Asian American Student Union (ECAASU) Official Statement (In Favor)
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Massachusetts Immigration and Refugee Advocacy Coalition (MIRA Coalition) (In Favor)
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Laborers’ International Union of North America (LIUNA) Press Release (In Favor)
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National Immigration Law Center (NILC) Short Summary
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National Immigration Law Center (NILC) Section-by-Section Summary
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National Immigration Forum Summary
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Migration Policy Institute (MPI)
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Center for American Progress (CAP) Resources on H.R. 6
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PRI
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USC Dornsife Center for the Study of Immigrant Integration
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Roll Call
- CNS News
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Countable (Similar Bill, 115th Congress)
Summary by Lorelei Yang & Eric Revell
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