9/11 Immigrant Worker Freedom Act
The 9/11 Immigrant Worker Freedom Act would create an earned pathway to lawful permanent resident (green card) status for certain individuals who worked, volunteered, or supported rescue, recovery, demolition, or debris cleanup in relation to the September 11 attacks. Eligible applicants would have a limited window (initially 18 months from enactment, with possible extensions for compelling circumstances) to apply, after which the Secretary of Homeland Security or the Attorney General would adjust their status to that of a lawful permanent resident. The bill covers workers in lower Manhattan, the Staten Island Landfill, barge loading piers, and specific 9/11 sites (Pentagon and Shanksville) with defined hours of service and roles. It also provides work authorization during the processing period, fee waivers for those with low income or hardship, confidential handling to protect applicants from immigration enforcement, and interim regulatory actions to implement the program. In addition to the direct immigration benefits, the bill includes safeguards and procedures—such as anti-fraud provisions, prohibition on using applicant information for enforcement, and no deduction from overall visa caps—that shape how the program would operate within the broader immigration system.
Key Points
- 1Path to permanent residency: The bill requires the government to adjust eligible individuals’ status to lawful permanent residents if they apply within an 18-month window after enactment (with possible extensions for compelling circumstances).
- 2Who is eligible: Eligible aliens must have performed specific rescue, recovery, demolition, or debris cleanup work (or related services) at defined 9/11-related sites and times, including lower Manhattan (south of Canal Street), the Staten Island Landfill, barge loading piers, the Pentagon site, and the Shanksville site, with specified minimum hours or exposure (e.g., 4+ hours in Sept 11–14, 2001; 24 hours in Sept 11–Sept 30, 2001; 80 hours through July 31, 2002; plus a separate category for vehicle-maintenance workers exposed to debris).
- 3Work authorization and processing: Applicants granted status adjustments would receive authorization to work in the U.S. while their application is pending.
- 4Fee waivers: The Secretary must waive filing fees for certain low-income or hardship cases (e.g., means-tested benefits, income at or below 250% of federal poverty guidelines, or extraordinary hardship), with a 90-day corrective filing period if eligibility is initially rejected.
- 5Confidentiality and limits on enforcement: Information provided in these applications would be protected from immigration enforcement uses, with limited exceptions for security, fraud detection, or prosecution for felonies not related to immigration status.
- 6Regulatory path and procedural safeguards: Interim final regulations would be issued within 90 days, becoming effective immediately upon publication and later finalized within 180 days; the act would not be subject to the Paperwork Reduction Act for implementing actions.