II 

115TH CONGRESS 

1ST SESSION S. 128 

To provide provisional protected presence to qualified individuals who came 

to the United States as children. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 12, 2017 

Mr. GRAHAM (for himself, Mr. DURBIN, Ms. MURKOWSKI, Mrs. FEINSTEIN, 

Mr. FLAKE, Mr. SCHUMER, and Ms. HARRIS) introduced the following 

bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To provide provisional protected presence to qualified 

individuals who came to the United States as children. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Bar Removal of Indi5 viduals who Dream and Grow our Economy Act’’ or the 

6 ‘‘BRIDGE Act’’. 


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1 SEC. 2. PROVISIONAL PROTECTED PRESENCE FOR YOUNG 

2 INDIVIDUALS. 

3 (a) IN GENERAL.—Chapter 4 of title II of the Immi4 gration and Nationality Act (8 U.S.C. 1221 et seq.) is 

5 amended by adding at the end the following: 

6 ‘‘SEC. 244A. PROVISIONAL PROTECTED PRESENCE. 

7 ‘‘(a) DEFINITIONS.—In this section: 

8 ‘‘(1) DACA RECIPIENT.—The term ‘DACA re9 cipient’ means an alien who is in deferred action sta10 tus on the date of the enactment of this section pur11 suant to the Deferred Action for Childhood Arrivals 

12 (‘DACA’) Program announced on June 15, 2012. 

13 ‘‘(2) FELONY.—The term ‘felony’ means a Fed14 eral, State, or local criminal offense (excluding a 

15 State or local offense for which an essential element 

16 was the alien’s immigration status) punishable by 

17 imprisonment for a term exceeding one year. 

18 ‘‘(3) MISDEMEANOR.—The term ‘misdemeanor’ 

19 means a Federal, State, or local criminal offense 

20 (excluding a State or local offense for which an es21 sential element was the alien’s immigration status, a 

22 significant misdemeanor, and a minor traffic of23 fense) for which— 

24 ‘‘(A) the maximum term of imprisonment 

25 is greater than five days and not greater than 

26 one year; and 


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1 ‘‘(B) the individual was sentenced to time 

2 in custody of 90 days or less. 

3 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 

4 the Secretary of Homeland Security. 

5 ‘‘(5) SIGNIFICANT MISDEMEANOR.—The term 

6 ‘significant misdemeanor’ means a Federal, State, or 

7 local criminal offense (excluding a State or local of8 fense for which an essential element was the alien’s 

9 immigration status) for which the maximum term of 

10 imprisonment is greater than five days and not 

11 greater than one year that— 

12 ‘‘(A) regardless of the sentence imposed, is 

13 a crime of domestic violence (as defined in sec14 tion 237(a)(2)(E)(i)) or an offense of sexual 

15 abuse or exploitation, burglary, unlawful posses16 sion or use of a firearm, drug distribution or 

17 trafficking, or driving under the influence if the 

18 State law requires, as an element of the offense, 

19 the operation of a motor vehicle and a finding 

20 of impairment or a blood alcohol content of .08 

21 or higher; or 

22 ‘‘(B) resulted in a sentence of time in cus23 tody of more than 90 days, excluding an offense 

24 for which the sentence was suspended. 


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1 ‘‘(6) THREAT TO NATIONAL SECURITY.—An 

2 alien is a ‘threat to national security’ if the alien 

3 is— 

4 ‘‘(A) inadmissible under section 212(a)(3); 

5 or 

6 ‘‘(B) deportable under section 237(a)(4). 

7 ‘‘(7) THREAT TO PUBLIC SAFETY.—An alien is 

8 a ‘threat to public safety’ if the alien— 

9 ‘‘(A) has been convicted of an offense for 

10 which an element was participation in a crimi11 nal street gang (as defined in section 521(a) of 

12 title 18, United States Code); or 

13 ‘‘(B) has engaged in a continuing criminal 

14 enterprise (as defined in section 408(c) of the 

15 Comprehensive Drug Abuse Prevention and 

16 Control Act of 1970 (21 U.S.C. 848(c))). 

17 ‘‘(b) AUTHORIZATION.—The Secretary— 

18 ‘‘(1) shall grant provisional protected presence 

19 to an alien who files an application demonstrating 

20 that he or she meets the eligibility criteria under 

21 subsection (c) and pays the appropriate application 

22 fee; 

23 ‘‘(2) may not remove such alien from the 

24 United States during the period in which such proviVerDate Sep 11 2014 23:21 Jan 26, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128

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1 sional protected presence is in effect unless such sta2 tus is rescinded pursuant to subsection (g); and 

3 ‘‘(3) shall provide such alien with employment 

4 authorization. 

5 ‘‘(c) ELIGIBILITY CRITERIA.—An alien is eligible for 

6 provisional protected presence under this section and em7 ployment authorization if the alien— 

8 ‘‘(1) was born after June 15, 1981; 

9 ‘‘(2) entered the United States before attaining 

10 16 years of age; 

11 ‘‘(3) continuously resided in the United States 

12 between June 15, 2007, and the date on which the 

13 alien files an application under this section; 

14 ‘‘(4) was physically present in the United 

15 States on June 15, 2012, and on the date on which 

16 the alien files an application under this section; 

17 ‘‘(5) was unlawfully present in the United 

18 States on June 15, 2012; 

19 ‘‘(6) on the date on which the alien files an ap20 plication for provisional protected presence— 

21 ‘‘(A) is enrolled in school or in an edu22 cation program assisting students in obtaining 

23 a regular high school diploma or its recognized 

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1 eral educational development exam or other 

2 State-authorized exam; 

3 ‘‘(B) has graduated or obtained a certifi4 cate of completion from high school; 

5 ‘‘(C) has obtained a general educational 

6 development certificate; or 

7 ‘‘(D) is an honorably discharged veteran of 

8 the Coast Guard or Armed Forces of the 

9 United States; 

10 ‘‘(7) has not been convicted of— 

11 ‘‘(A) a felony; 

12 ‘‘(B) a significant misdemeanor; or 

13 ‘‘(C) three or more misdemeanors not oc14 curring on the same date and not arising out of 

15 the same act, omission, or scheme of mis16 conduct; and 

17 ‘‘(8) does not otherwise pose a threat to na18 tional security or a threat to public safety. 

19 ‘‘(d) DURATION OF PROVISIONAL PROTECTED PRES20 ENCE AND EMPLOYMENT AUTHORIZATION.—Provisional 

21 protected presence and the employment authorization pro22 vided under this section shall be effective until the date 

23 that is three years after the date of the enactment of this 

24 section. 


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1 ‘‘(e) STATUS DURING PERIOD OF PROVISIONAL PRO2 TECTED PRESENCE.— 

3 ‘‘(1) IN GENERAL.—An alien granted provi4 sional protected presence is not considered to be un5 lawfully present in the United States during the pe6 riod beginning on the date such status is granted 

7 and ending on the date described in subsection (d). 

8 ‘‘(2) STATUS OUTSIDE PERIOD.—The granting 

9 of provisional protected presence under this section 

10 does not excuse previous or subsequent periods of 

11 unlawful presence. 

12 ‘‘(f) APPLICATION.— 

13 ‘‘(1) AGE REQUIREMENT.— 

14 ‘‘(A) IN GENERAL.—An alien who has 

15 never been in removal proceedings, or whose 

16 proceedings have been terminated before mak17 ing a request for provisional protected presence, 

18 shall be at least 15 years old on the date on 

19 which the alien submits an application under 

20 this section. 

21 ‘‘(B) EXCEPTION.—The age requirement 

22 set forth in subparagraph (A) shall not apply to 

23 an alien who, on the date on which the alien ap24 plies for provisional protected presence, is in reVerDate Sep 11 2014 23:21 Jan 26, 2017 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128

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1 moval proceedings, has a final removal order, or 

2 has a voluntary departure order. 

3 ‘‘(2) APPLICATION FEE.— 

4 ‘‘(A) IN GENERAL.—The Secretary may re5 quire aliens applying for provisional protected 

6 presence and employment authorization under 

7 this section to pay a reasonable fee that is com8 mensurate with the cost of processing the appli9 cation. 

10 ‘‘(B) EXEMPTION.—An applicant may be 

11 exempted from paying the fee required under 

12 subparagraph (A) if the alien— 

13 ‘‘(i)(I) is younger than 18 years of 

14 age; 

15 ‘‘(II) received total income during the 

16 12-month period immediately preceding the 

17 date on which the alien files an application 

18 under this section that is less than 150 

19 percent of the United States poverty level; 

20 and 

21 ‘‘(III) is in foster care or otherwise 

22 lacking any parental or other familial sup23 port; 

24 ‘‘(ii) is younger than 18 years of age 

25 and is homeless; 


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1 ‘‘(iii)(I) cannot care for himself or 

2 herself because of a serious, chronic dis3 ability; and 

4 ‘‘(II) received total income during the 

5 12-month period immediately preceding the 

6 date on which the alien files an application 

7 under this section that is less than 150 

8 percent of the United States poverty level; 

9 or 

10 ‘‘(iv)(I) as of the date on which the 

11 alien files an application under this sec12 tion, has accumulated $10,000 or more in 

13 debt in the past 12 months as a result of 

14 unreimbursed medical expenses incurred by 

15 the alien or an immediate family member 

16 of the alien; and 

17 ‘‘(II) received total income during the 

18 12-month period immediately preceding the 

19 date on which the alien files an application 

20 under this section that is less than 150 

21 percent of the United States poverty level. 

22 ‘‘(3) REMOVAL STAYED WHILE APPLICATION

23 PENDING.—The Secretary may not remove an alien 

24 from the United States who appears prima facie eli25 gible for provisional protected presence while the 


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1 alien’s application for provisional protected presence 

2 is pending. 

3 ‘‘(4) ALIENS NOT IN IMMIGRATION DETEN4 TION.—An alien who is not in immigration deten5 tion, but who is in removal proceedings, is the sub6 ject of a final removal order, or is the subject of a 

7 voluntary departure order, may apply for provisional 

8 protected presence under this section if the alien ap9 pears prima facie eligible for provisional protected 

10 presence. 

11 ‘‘(5) ALIENS IN IMMIGRATION DETENTION.— 

12 The Secretary shall provide any alien in immigration 

13 detention, including any alien who is in removal pro14 ceedings, is the subject of a final removal order, or 

15 is the subject of a voluntary departure order, who 

16 appears prima facie eligible for provisional protected 

17 presence, upon request, with a reasonable oppor18 tunity to apply for provisional protected presence 

19 under this section. 

20 ‘‘(6) CONFIDENTIALITY.— 

21 ‘‘(A) IN GENERAL.—The Secretary shall 

22 protect information provided in applications for 

23 provisional protected presence under this sec24 tion and in requests for consideration of DACA 

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1 toms Enforcement and U.S. Customs and Bor2 der Protection for the purpose of immigration 

3 enforcement proceedings. 

4 ‘‘(B) REFERRALS PROHIBITED.—The Sec5 retary may not refer individuals whose cases 

6 have been deferred pursuant to DACA or who 

7 have been granted provisional protected pres8 ence under this section to U.S. Immigration 

9 and Customs Enforcement. 

10 ‘‘(C) LIMITED EXCEPTION.—The informa11 tion submitted in applications for provisional 

12 protected presence under this section and in re13 quests for consideration of DACA may be 

14 shared with national security and law enforce15 ment agencies— 

16 ‘‘(i) for assistance in the consideration 

17 of the application for provisional protected 

18 presence; 

19 ‘‘(ii) to identify or prevent fraudulent 

20 claims; 

21 ‘‘(iii) for national security purposes; 

22 and 

23 ‘‘(iv) for the investigation or prosecu24 tion of any felony not related to immigra25 tion status. 


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1 ‘‘(7) ACCEPTANCE OF APPLICATIONS.—Not 

2 later than 60 days after the date of the enactment 

3 of this section, the Secretary shall begin accepting 

4 applications for provisional protected presence and 

5 employment authorization. 

6 ‘‘(g) RESCISSION OF PROVISIONAL PROTECTED

7 PRESENCE.—The Secretary may not rescind an alien’s 

8 provisional protected presence or employment authoriza9 tion granted under this section unless the Secretary deter10 mines that the alien— 

11 ‘‘(1) has been convicted of— 

12 ‘‘(A) a felony; 

13 ‘‘(B) a significant misdemeanor; or 

14 ‘‘(C) three or more misdemeanors not oc15 curring on the same date and not arising out of 

16 the same act, omission, or scheme of mis17 conduct; 

18 ‘‘(2) poses a threat to national security or a 

19 threat to public safety; 

20 ‘‘(3) has traveled outside of the United States 

21 without authorization from the Secretary; or 

22 ‘‘(4) has ceased to continuously reside in the 

23 United States. 

24 ‘‘(h) TREATMENT OF BRIEF, CASUAL, AND INNO25 CENT DEPARTURES AND CERTAIN OTHER ABSENCES.— 


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1 For purposes of subsections (c)(3) and (g)(4), an alien 

2 shall not be considered to have failed to continuously re3 side in the United States due to— 

4 ‘‘(1) brief, casual, and innocent absences from 

5 the United States during the period beginning on 

6 June 15, 2007, and ending on August 14, 2012; or 

7 ‘‘(2) travel outside of the United States on or 

8 after August 15, 2012, if such travel was authorized 

9 by the Secretary. 

10 ‘‘(i) TREATMENT OF EXPUNGED CONVICTIONS.—For 

11 purposes of subsections (c)(7) and (g)(1), an expunged 

12 conviction shall not automatically be treated as a disquali13 fying felony, significant misdemeanor, or misdemeanor, 

14 but shall be evaluated on a case-by-case basis according 

15 to the nature and severity of the offense to determine 

16 whether, under the particular circumstances, the alien 

17 should be eligible for provisional protected presence under 

18 this section. 

19 ‘‘(j) EFFECT OF DEFERRED ACTION UNDER DE20 FERRED ACTION FOR CHILDHOOD ARRIVALS PROGRAM.— 

21 ‘‘(1) PROVISIONAL PROTECTED PRESENCE.—A 

22 DACA recipient is deemed to have provisional pro23 tected presence under this section through the expi24 ration date of the alien’s deferred action status, as 


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1 specified by the Secretary in conjunction with the 

2 approval of the alien’s DACA application. 

3 ‘‘(2) EMPLOYMENT AUTHORIZATION.—If a 

4 DACA recipient has been granted employment au5 thorization by the Secretary in addition to deferred 

6 action, the employment authorization shall continue 

7 through the expiration date of the alien’s deferred 

8 action status, as specified by the Secretary in con9 junction with the approval of the alien’s DACA ap10 plication. 

11 ‘‘(3) EFFECT OF APPLICATION.—If a DACA re12 cipient files an application for provisional protected 

13 presence under this section not later than the expi14 ration date of the alien’s deferred action status, as 

15 specified by the Secretary in conjunction with the 

16 approval of the alien’s DACA application, the alien’s 

17 provisional protected presence, and any employment 

18 authorization, shall remain in effect pending the ad19 judication of such application.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 for the Immigration and Nationality Act (8 U.S.C. 1101 

22 note) is amended by inserting after the item relating to 

23 section 244 the following: 

‘‘Sec. 244A. Provisional protected presence.’’. 

Æ 


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