II 

114TH CONGRESS 

2D SESSION S. 3542 

To provide provisional protected presence to qualified individuals who came 

to the United States as children. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 9, 2016 

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

Mr. FLAKE, and Mr. SCHUMER) 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 punishable by 

15 imprisonment for a term exceeding one year. 

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

17 means a Federal, State, or local criminal offense 

18 (excluding a significant misdemeanor) for which— 

19 ‘‘(A) the maximum term of imprisonment 

20 is greater than five days and not greater than 

21 one year; and 

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

23 in custody of 90 days or less. 

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

25 the Secretary of Homeland Security. 


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

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

3 local criminal offense for which the maximum term 

4 of imprisonment is greater than five days and not 

5 greater than one year that— 

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

7 an offense of domestic violence, sexual abuse or 

8 exploitation, burglary, unlawful possession or 

9 use of a firearm, drug distribution or traf10 ficking, or driving under the influence if the 

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

12 a finding of impairment or a blood alcohol con13 tent of .08 or higher; or 

14 ‘‘(B) resulted in a sentence of time in cus15 tody of more than 90 days, excluding an offense 

16 for which the sentence was suspended. 

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

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

19 is— 

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

21 or 

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

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

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


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

2 which an element was participation in a crimi3 nal street gang (as defined in section 521(a) of 

4 title 18, United States Code); or 

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

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

7 Comprehensive Drug Abuse Prevention and 

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

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

10 ‘‘(1) shall grant provisional protected presence 

11 to an alien who files an application demonstrating 

12 that he or she meets the eligibility criteria under 

13 subsection (c) and pays the appropriate application 

14 fee; 

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

16 United States during the period in which such provi17 sional protected presence is in effect unless such sta18 tus is rescinded pursuant to subsection (g); and 

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

20 authorization. 

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

22 provisional protected presence under this section and em23 ployment authorization if the alien— 

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


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

2 16 years of age; 

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

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

5 alien files an application under this section; 

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

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

8 the alien files an application under this section; 

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

10 States on June 15, 2012; 

11 ‘‘(6) on the date on which the alien files an ap12 plication for provisional protected presence— 

13 ‘‘(A) is enrolled in school or in an edu14 cation program assisting students in obtaining 

15 a regular high school diploma or its recognized 

16 equivalent under State law, or in passing a gen17 eral educational development exam or other 

18 State-authorized exam; 

19 ‘‘(B) has graduated or obtained a certifi20 cate of completion from high school; 

21 ‘‘(C) has obtained a general educational 

22 development certificate; or 

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

24 the Coast Guard or Armed Forces of the 

25 United States; 


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1 ‘‘(7) has not been convicted of— 

2 ‘‘(A) a felony; 

3 ‘‘(B) a significant misdemeanor; or 

4 ‘‘(C) three or more misdemeanors not oc5 curring on the same date and not arising out of 

6 the same act, omission, or scheme of mis7 conduct; and 

8 ‘‘(8) does not otherwise pose a threat to na9 tional security or a threat to public safety. 

10 ‘‘(d) DURATION OF PROVISIONAL PROTECTED PRES11 ENCE AND EMPLOYMENT AUTHORIZATION.—Provisional 

12 protected presence and the employment authorization pro13 vided under this section shall be effective until the date 

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

15 section. 

16 ‘‘(e) STATUS DURING PERIOD OF PROVISIONAL PRO17 TECTED PRESENCE.— 

18 ‘‘(1) IN GENERAL.—An alien granted provi19 sional protected presence is not considered to be un20 lawfully present in the United States during the pe21 riod beginning on the date such status is granted 

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

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

24 of provisional protected presence under this section 


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1 does not excuse previous or subsequent periods of 

2 unlawful presence. 

3 ‘‘(f) APPLICATION.— 

4 ‘‘(1) AGE REQUIREMENT.— 

5 ‘‘(A) IN GENERAL.—An alien who has 

6 never been in removal proceedings, or whose 

7 proceedings have been terminated before mak8 ing a request for provisional protected presence, 

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

10 which the alien submits an application under 

11 this section. 

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

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

14 an alien who, on the date on which the alien ap15 plies for provisional protected status, is in re16 moval proceedings, has a final removal order, or 

17 has a voluntary departure order, and who is not 

18 in immigration detention. 

19 ‘‘(2) APPLICATION FEE.— 

20 ‘‘(A) IN GENERAL.—The Secretary may re21 quire aliens applying for provisional protected 

22 presence under this section to pay a reasonable 

23 fee that is commensurate with the cost of proc24 essing the application. 


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

2 exempted from paying the fee required under 

3 subparagraph (A) if the alien— 

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

5 age; 

6 ‘‘(II) received total income during the 

7 12-month period immediately preceding the 

8 date on which the alien files an application 

9 under this section that is less than 150 

10 percent of the United States poverty level; 

11 and 

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

13 lacking any parental or other familial sup14 port; 

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

16 and is homeless; 

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

18 herself because of a serious, chronic dis19 ability; and 

20 ‘‘(II) received total income during the 

21 12-month period immediately preceding the 

22 date on which the alien files an application 

23 under this section that is less than 150 

24 percent of the United States poverty level; 

25 or 


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

2 alien files an application under this sec3 tion, has accumulated $10,000 or more in 

4 debt in the past 12 months as a result of 

5 unreimbursed medical expenses incurred by 

6 the alien or an immediate family member 

7 of the alien; and 

8 ‘‘(II) received total income during the 

9 12-month period immediately preceding the 

10 date on which the alien files an application 

11 under this section that is less than 150 

12 percent of the United States poverty level. 

13 ‘‘(3) REMOVAL STAYED WHILE APPLICATION

14 PENDING.—The Secretary may not remove an alien 

15 from the United States who appears prima facie eli16 gible for provisional protected presence while the 

17 alien’s application for provisional protected presence 

18 is pending. 

19 ‘‘(4) SPECIAL CIRCUMSTANCES.—An alien who 

20 is in removal proceedings, is the subject of a final 

21 removal order, or is the subject of a voluntary depar22 ture order may apply for provisional protected pres23 ence under this section if the alien— 

24 ‘‘(A) appears prima facie eligible for provi25 sional protected presence; and 


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1 ‘‘(B) is not in immigration detention. 

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

3 The Secretary shall provide any alien in immigration 

4 detention who appears prima facie eligible for provi5 sional protected presence, upon request, with a rea6 sonable opportunity to apply for provisional pro7 tected presence under this section. 

8 ‘‘(6) CONFIDENTIALITY.— 

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

10 protect information provided in applications for 

11 provisional protected presence under this sec12 tion and in requests for consideration of DACA 

13 from disclosure to U.S. Immigration and Cus14 toms Enforcement and U.S. Customs and Bor15 der Protection for the purpose of immigration 

16 enforcement proceedings. 

17 ‘‘(B) REFERRALS PROHIBITED.—The Sec18 retary may not refer individuals whose cases 

19 have been deferred pursuant to DACA or who 

20 have been granted provisional protected pres21 ence under this section to U.S. Immigration 

22 and Customs Enforcement. 

23 ‘‘(C) LIMITED EXCEPTION.—The informa24 tion submitted in applications for provisional 

25 protected presence under this section and in reVerDate Sep 11 2014 02:15 Dec 15, 2016 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3542.IS S3542

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1 quests for consideration of DACA may be 

2 shared with national security and law enforce3 ment agencies— 

4 ‘‘(i) for assistance in the consideration 

5 of the application for provisional protected 

6 presence; 

7 ‘‘(ii) to identify or prevent fraudulent 

8 claims; 

9 ‘‘(iii) for national security purposes; 

10 and 

11 ‘‘(iv) for the investigation or prosecu12 tion of any felony not related to immigra13 tion status. 

14 ‘‘(g) RESCISSION OF PROVISIONAL PROTECTED

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

16 provisional protected presence or employment authoriza17 tion granted under this section unless the Secretary deter18 mines that the alien— 

19 ‘‘(1) has been convicted of— 

20 ‘‘(A) a felony; 

21 ‘‘(B) a significant misdemeanor; or 

22 ‘‘(C) three or more misdemeanors not oc23 curring on the same date and not arising out of 

24 the same act, omission, or scheme of mis25 conduct; 


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

2 threat to public safety; 

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

4 without authorization from the Secretary; or 

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

6 United States. 

7 ‘‘(h) TREATMENT OF BRIEF, CASUAL, AND INNO8 CENT DEPARTURES AND CERTAIN OTHER ABSENCES.— 

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

10 shall not be considered to have failed to continuously re11 side in the United States due to— 

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

13 the United States during the period beginning on 

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

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

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

17 by the Secretary. 

18 ‘‘(i) EFFECT OF DEFERRED ACTION UNDER DE19 FERRED ACTION FOR CHILDHOOD ARRIVALS PROGRAM.— 

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

21 DACA recipient is deemed to have provisional pro22 tected presence under this section through the expi23 ration date of the alien’s deferred action status, as 

24 specified by the Secretary in conjunction with the 

25 approval of the alien’s DACA application. 


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

2 DACA recipient has been granted employment au3 thorization by the Secretary in addition to deferred 

4 action, the employment authorization shall continue 

5 through the expiration date of the alien’s deferred 

6 action status, as specified by the Secretary in con7 junction with the approval of the alien’s DACA ap8 plication. 

9 ‘‘(3) EFFECT OF APPLICATION.—If a DACA re10 cipient files an application for provisional protected 

11 presence under this section not later than the expi12 ration date of the alien’s deferred action status, as 

13 specified by the Secretary in conjunction with the 

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

15 provisional protected presence, and any employment 

16 authorization, shall remain in effect pending the ad17 judication of such application.’’. 

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

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

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

21 section 244 the following: 

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

Æ 


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