9/11 Immigrant Worker Freedom Act
The 9/11 Immigrant Worker Freedom Act creates a targeted, time-limited path to lawful permanent residence for certain individuals who performed rescue, recovery, demolition, debris cleanup, or related services in the wake of the September 11 attacks. Eligible workers (and certain volunteers) who operated at specific sites and within defined timeframes would be allowed to adjust their status to permanent residence if they apply within 18 months of enactment (with a possible extension for compelling circumstances). The bill also provides work authorization during the adjustment process, allows for fee waivers under particular financial criteria, and imposes confidentiality protections to limit use of their information for immigration enforcement. It includes a regulatory framework to implement the program (interim final rules) and clarifies that granting permanent residence under this act does not reduce the overall number of visas available under existing law.
Key Points
- 1Eligibility criteria and sites/timeframes: The bill covers individuals who onsite performed rescue, recovery, demolition, debris cleanup, or related services at lower Manhattan south of Canal Street, the Staten Island Landfill, or barge loading piers, with specified minimum hours ranging from 4 to 80 hours across windows from Sept 11, 2001 to mid-2002; it also includes certain fire/police personnel or volunteers who worked at the Pentagon site (Sept 11–Nov 19, 2001) and the Shanksville, PA site (Sept 11–Oct 3, 2001), with corresponding hour thresholds.
- 2Adjustment of status window: Eligible aliens may apply to adjust to lawful permanent resident status within 18 months after enactment, with potential discretionary extension by the Secretary for compelling circumstances.
- 3Work authorization during processing: Individuals who apply for adjustment are authorized to work in the United States while their application is pending.
- 4Fee waivers and financial hardship: The Secretary must waive filing fees for applicants who (a) receive means-tested benefits, (b) have income at or below 250% of the federal poverty guidelines, or (c) face extraordinary financial hardship. The process allows for corrective filing if initially deemed ineligible, preserves the original filing date, and uses the federal poverty guidelines as defined by poverty thresholds.
- 5Confidentiality and limited sharing: Information provided in applications cannot be used to pursue immigration enforcement; referrals based solely on this information are prohibited, but limited sharing is allowed for purposes such as assisting the application, fraud prevention, national security, or prosecuting non-immigration felony offenses. Violations can incur penalties.
- 6Regulatory process and paperwork: The Secretary must publish interim final rules within 90 days, with final rules within 180 days; the act allows interim rules to be in effect immediately upon publication and exempts these actions from the Paperwork Reduction Act.
- 7No offset to visa numbers: Granting permanent residence under this act does not require reducing the number of immigrant visas available under existing law.
- 8Definitions: INA definitions apply, with standard immigration definitions used unless otherwise stated.