‘‘(7) ACCEPTANCE
OF
APPLICATIONS.—Not 
later than 60 days after the date of the enactment 
of this section, the Secretary shall begin accepting 
applications for provisional protected presence and 
employment authorization. 
‘‘(g) RESCISSION
OF
PROVISIONAL
PROTECTED 
PRESENCE.—The Secretary may not rescind an alien’s 
provisional protected presence or employment authoriza-
tion granted under this section unless the Secretary deter-
mines that the alien— 
‘‘(1) has been convicted of— 
‘‘(A) a felony; 
‘‘(B) a significant misdemeanor; or 
‘‘(C) three or more misdemeanors not oc-
curring on the same date and not arising out of 
the same act, omission, or scheme of mis-
conduct; 
‘‘(2) poses a threat to national security or a 
threat to public safety; 
‘‘(3) has traveled outside of the United States 
without authorization from the Secretary; or 
‘‘(4) has ceased to continuously reside in the 
United States. 
‘‘(h) TREATMENT OF BRIEF, CASUAL, AND INNO-
CENT DEPARTURES AND CERTAIN OTHER ABSENCES.— 
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For purposes of subsections (c)(3) and (g)(4), an alien 
shall not be considered to have failed to continuously re-
side in the United States due to— 
‘‘(1) brief, casual, and innocent absences from 
the United States during the period beginning on 
June 15, 2007, and ending on August 14, 2012; or 
‘‘(2) travel outside of the United States on or 
after August 15, 2012, if such travel was authorized 
by the Secretary. 
‘‘(i) TREATMENT OF EXPUNGED CONVICTIONS.—For 
purposes of subsections (c)(7) and (g)(1), an expunged 
conviction shall not automatically be treated as a disquali-
fying felony, significant misdemeanor, or misdemeanor, 
but shall be evaluated on a case-by-case basis according 
to the nature and severity of the offense to determine 
whether, under the particular circumstances, the alien 
should be eligible for provisional protected presence under 
this section. 
‘‘(j) EFFECT OF DEFERRED ACTION UNDER DE-
FERRED ACTION FOR CHILDHOOD ARRIVALS PROGRAM.— 
‘‘(1) PROVISIONAL PROTECTED PRESENCE.—A 
DACA recipient is deemed to have provisional pro-
tected presence under this section through the expi-
ration date of the alien’s deferred action status, as 
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specified by the Secretary in conjunction with the 
approval of the alien’s DACA application. 
‘‘(2) 
EMPLOYMENT
AUTHORIZATION.—If 
a 
DACA recipient has been granted employment au-
thorization by the Secretary in addition to deferred 
action, the employment authorization shall continue 
through the expiration date of the alien’s deferred 
action status, as specified by the Secretary in con-
junction with the approval of the alien’s DACA ap-
plication. 
‘‘(3) EFFECT OF APPLICATION.—If a DACA re-
cipient files an application for provisional protected 
presence under this section not later than the expi-
ration date of the alien’s deferred action status, as 
specified by the Secretary in conjunction with the 
approval of the alien’s DACA application, the alien’s 
provisional protected presence, and any employment 
authorization, shall remain in effect pending the ad-
judication of such application.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act (8 U.S.C. 1101 
note) is amended by inserting after the item relating to 
section 244 the following: 
‘‘Sec. 244A. Provisional protected presence.’’. 
Æ 
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