Protect Children of Immigrant Workers Act

Bill: 116-s-4243
Sponsor: full_name: Sen. Durbin, Richard J. [D-IL]
Introduced: 2020-07-21
Policy area: Immigration
Subjects: Administrative remedies

Child safety and welfare

Department of Homeland Security

Detention of persons

Family relationships

Foreign labor

Immigration status and procedures

Visas and passports
Latest action: action_date: 2020-07-21
text: Read twice and referred to the Committee on the Judiciary. (text: CR S4354-4355)

Summaries:
action_date: 2020-07-21
action_desc: Introduced in Senate
text: <p><b>Protect Children of Immigrant Workers Act</b></p> <p>This bill provides protections for an alien minor whose parent is the principal beneficiary of an employment-based immigrant petition. </p> <p>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. </p> <p>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.</p> <p>These protections shall not apply if DHS determines that the minor poses a threat to public safety or national security.</p>

tv_txt: II 116th CONGRESS 2d Session S. 4243 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.

1. Short title This Act may be cited as the Protect Children of Immigrant Workers Act . 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.