H.R. 5333

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5333 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 5333

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.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 11, 2025

Ms. Ocasio-Cortez (for herself, Mr. Espaillat, Ms. Meng, Ms. Velazquez, 
Ms. Clarke of New York, Mr. Torres of New York, Mr. Tonko, Mr. Fields, 
Mr. Vargas, Ms. Ansari, Mr. Nadler, Mr. McGovern, Mr. Thanedar, Mr. 
Meeks, Mr. Garcia of Illinois, Ms. Tlaib, Mr. Goldman of New York, and 
Mr. Latimer) introduced the following bill; which was referred to the 
Committee on the Judiciary

_______________________________________________________________________

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.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``9/11 Immigrant Worker Freedom Act''.

SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN WORKERS AFTER TERRORIST 
ATTACKS.

(a) 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.
(b) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefit provided by subsection (a) 
shall apply to any alien who--
(A) 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;
(B) 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;
(C) 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
(D) 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.
(2) 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).
(c) 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.
(d) Fee Waiver Based on an Inability To Pay.--
(1) 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--
(A) 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;
(B) has an income is no greater than 250 percent of 
the Federal poverty guidelines; or
(C) faces extraordinary financial hardship that 
prevents them from paying the filing fee.
(2) 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.
(3) 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)).
(4) Public charge.--
(A) 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).
(B) 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.
(e) Construction.--Nothing in this section may be construed--
(1) 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
(2) to authorize the Secretary or the Attorney General to 
consider any condition of eligibility not set forth in this 
Act.
(f) Waiver of Regulations.--
(1) 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.
(2) 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.
(g) Confidentiality of Information.--
(1) 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.
(2) 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.
(3) 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--
(A) for assistance in the consideration of an 
application for adjustment of status under this Act;
(B) to identify or prevent fraudulent claims;
(C) for national security purposes; or
(D) for the investigation or prosecution of any 
felony offense not related to immigration status.
(4) 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.
(h) 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.).
(i) 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.
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