Title: Protect Children of Immigrant Workers Act
Policy area: Immigration

Summary:
Protect Children of Immigrant Workers Act
This bill provides protections for an alien minor whose parent is the principal beneficiary of an employment-based immigrant petition.
Specifically, the Department of Homeland Security (DHS) shall not detain or remove such a minor. The minor shall be eligible for nonimmigrant status, either dependent on the parent's status or otherwise, until a decision has been made on the minor's application for lawful permanent resident status.
Such a minor shall also qualify as a derivative beneficiary child for immigrant visa purposes starting from the approval of the parent's employment-based immigration petition until a decision has been made on the minor's application for permanent resident status, even if the parent is deceased.
These protections shall not apply if DHS determines that the minor poses a threat to public safety or national security.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4243 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4243

  To protect children of certain immigrant workers from detention and 
    removal and aging out of lawful status, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2020

  Mr. Durbin introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To protect children of certain immigrant workers from detention and 
    removal and aging out of lawful status, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Children of Immigrant 
Workers Act''.

SEC. 2. PROTECTING CHILDREN OF CERTAIN IMMIGRANT WORKERS FROM DETENTION 
              AND REMOVAL AND AGING OUT OF LAWFUL STATUS.

    (a) In General.--Notwithstanding any other provision of law, 
subject to subsection (b), with respect to an individual whose parent 
is the principal beneficiary of an approved employment-based immigrant 
worker petition filed on a date on which the individual was a child (as 
defined in section 101(b) of the Immigration and Nationality Act (8 
U.S.C. 1101(b))--
            (1) the Secretary of Homeland Security shall not detain, 
        refer for removal, initiate removal proceedings against, or 
        remove the individual; and
            (2) the individual shall--
                    (A) without regard to immigrant intent and on 
                application by the individual, be eligible--
                            (i) to extend nonimmigrant dependent status 
                        connected to the nonimmigrant status of such 
                        parent until the date on which an application 
                        for lawful permanent resident status filed by 
                        the individual pursuant to subparagraph (B) is 
                        adjudicated; or
                            (ii) to extend or change status to an 
                        alternative nonimmigrant status independent of 
                        such parent's visa status until the date on 
                        which an application for lawful permanent 
                        resident status filed by the individual 
                        pursuant to that subparagraph is adjudicated; 
                        and
                    (B) qualify as a derivative beneficiary child for 
                immigrant visa purposes beginning on the date on which 
                such parent's employment-based immigrant worker 
                petition is approved and ending on the date on which 
                the individual's application for lawful permanent 
                resident status is adjudicated, regardless of whether 
                such parent is living or deceased.
    (b) Applicability.--Subsection (a) shall not apply to any 
individual who the Secretary determines, on an individualized basis, 
poses a threat to public safety or national security.
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