,,ii #aaeth ,,congress #ast ,session ,s4 #abg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ab1 #bjag,mr4 ,flake introduced the following bill2 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 children4 #a4 ,short title ,this ,act may be cited as the ,securing ,active and ,fair ,enforcement ,act or the ,,safe ,act4 #b4 ,provisional protected presence for young individuals 7a7 ,in general ,chapter #d of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abba et seq47 is amended by adding at the end the following3 #bdd;,a4 ,provisional protected presence 7a7 ,definitions ,in this section3 7#a7 ,,daca recipient ,the term ,,daca recipient means an alien who is in deferred action status on the date of the enactment of this section pursuant to the ,deferred ,action for ,childhood ,arrivals 7,,daca7 ,program announced on ,june #ae1 #bjab4 7#b7 ,felony ,the term felony means a ,federal1 ,state1 or local criminal offense punishable by imprisonment for a term exceeding one year4 7#c7 ,misdemeanor ,the term misdemeanor means a ,federal1 ,state1 or local criminal offense 7excluding a significant misdemeanor7 for which-- 7,a7 the maximum term of imprisonment is greater than five days and not greater than one year2 and 7,b7 the individual was sentenced to time in custody of #ij days or less4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#e7 ,significant misdemeanor ,the term significant misdemeanor means a ,federal1 ,state1 or local criminal offense for which the maximum term of imprisonment is greater than five days and not greater than one year that-- 7,a7 regardless of the sentence imposed1 is an offense of domestic violence1 sexual abuse or exploitation1 burglary1 unlawful possession or use of a firearm1 drug distribution or trafficking1 or driving under the influence if the ,state law requires1 as an element of the offense1 a finding of impairment or a blood alcohol content of 4#jh or higher2 or 7,b7 resulted in a sentence of time in custody of more than #ij days1 excluding an offense for which the sentence was suspended4 7#f7 ,threat to national security ,an alien is a threat to national security if the alien is-- 7,a7 inadmissible under section #bab7;a77#c72 or 7,b7 deportable under section #bcg7;a77#d74 7#g7 ,threat to public safety ,an alien is a threat to public safety if the alien-- 7,a7 has been convicted of an offense for which an element was participation in a criminal street gang 7as defined in section #eba7;a7 of title #ah1 ,united ,states ,code72 or 7,b7 has engaged in a continuing criminal enterprise 7as defined in section #djh7;c7 of the ,comprehensive ,drug ,abuse ,prevention and ,control ,act of #aigj 7#ba ,u4,s4,c4 #hdh7;c7774 7b7 ,authorization ,the ,secretary-- 7#a7 shall grant provisional protected presence to an alien who files an application demonstrating that he or she meets the eligibility criteria under subsection 7c7 and pays the appropriate application fee2 7#b7 may not remove such alien from the ,united ,states during the period in which such provisional protected presence is in effect unless such status is rescinded pursuant to subsection 7g72 and 7#c7 shall provide such alien with employment authorization4 7c7 ,eligibility criteria ,an alien is eligible for provisional protected presence under this section and employment authorization if the alien-- 7#a7 was born after ,june #ae1 #aiha2 7#b7 entered the ,united ,states before attaining #af years of age2 7#c7 continuously resided in the ,united ,states between ,june #ae1 #bjjg1 and the date on which the alien files an application under this section2 7#d7 was physically present in the ,united ,states on ,june #ae1 #bjab1 and on the date on which the alien files an application under this section2 7#e7 was unlawfully present in the ,united ,states on ,june #ae1 #bjab2 7#f7 on the date on which the alien files an application for provisional protected presence-- 7,a7 is enrolled in school or in an education program assisting students in obtaining a regular high school diploma or its recognized equivalent under ,state law1 or in passing a general educational development exam or other ,state-authorized exam2 7,b7 has graduated or obtained a certificate of completion from high school2 7,c7 has obtained a general educational development certificate2 or 7,d7 is an honorably discharged veteran of the ,coast ,guard or ,armed ,forces of the ,united ,states2 7#g7 has not been convicted of-- 7,a7 a felony2 7,b7 a significant misdemeanor2 or 7,c7 three or more misdemeanors not occurring on the same date and not arising out of the same act1 omission1 or scheme of misconduct2 and 7#h7 does not otherwise pose a threat to national security or a threat to public safety4 7d7 ,duration of provisional protected presence and employment authorization ,provisional protected presence and the employment authorization provided under this section shall be effective until the date that is three years after the date of the enactment of this section4 7e7 ,status during period of provisional protected presence 7#a7 ,in general ,during the period described in subsection 7d71 the alien granted provisional protected presence is not considered to be unlawfully present in the ,united ,states4 7#b7 ,status outside period ,the granting of provisional protected presence under this section does not excuse previous or subsequent periods of unlawful presence4 7f7 ,application 7#a7 ,age requirement 7,a7 ,in general ,an alien who has never been in removal proceedings1 or whose proceedings have been terminated before making a request for provisional protected presence1 shall be at least #ae years old on the date on which the alien submits an application under this section4 7,b7 ,exception ,the age requirement set forth in subparagraph 7,a7 shall not apply to an alien who1 on the date on which the alien applies for provisional protected presence1 is in removal proceedings1 has a final removal order1 or has a voluntary departure order1 and who is not in immigration detention4 7#b7 ,application fee 7,a7 ,in general ,the ,secretary may require aliens applying for provisional protected presence under this section to pay a reasonable fee that is commensurate with the cost of processing the application4 7,b7 ,exemption ,an applicant may be exempted from paying the fee required under subparagraph 7,a7 if the alien-- 7i7 7,i7 is younger than #ah years of age2 7,,ii7 received total income during the #ab-month period immediately preceding the date on which the alien files an application under this section that is less than #aej percent of the ,united ,states poverty level2 and 7,,iii7 is in foster care or otherwise lacking any parental or other familial support2 7ii7 is younger than #ah years of age and is homeless2 7iii7 7,i7 cannot care for himself or herself because of a serious1 chronic disability2 and 7,,ii7 received total income during the #ab-month period immediately preceding the date on which the alien files an application under this section that is less than #aej percent of the ,united ,states poverty level2 or 7iv7 7,i7 on the date on which the alien files an application under this section1 has accumulated #aj1jjj or more in debt in the past #ab months as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien2 and 7,,ii7 received total income during the #ab-month period immediately preceding the date on which the alien files an application under this section that is less than #aej percent of the ,united ,states poverty level4 7#c7 ,removal stayed while application pending ,the ,secretary may not remove an alien from the ,united ,states appears prima facie eligible for provisional protected presence while the alien's application for provisional protected presence is pending4 7#d7 ,special circumstances ,an alien who is in removal proceedings1 has an unexpired final removal order1 or has an unexpired voluntary departure order may apply for provisional protected presence under this section if the alien-- 7,a7 appears prima facie eligible for provisional protected presence2 and 7,b7 is not in immigration detention4 7#e7 ,aliens in immigration detention ,the ,secretary shall provide any alien in immigration detention who meets the eligibility criteria set forth in subsection 7c71 upon request1 with a reasonable opportunity to apply for provisional protected presence under this section4 7#f7 ,confidentiality 7,a7 ,in general ,the ,secretary shall protect information provided in applications for provisional protected presence under this section and in requests for consideration of ,,daca from disclosure to ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection for the purpose of immigration enforcement proceedings4 7,b7 ,referrals prohibited ,the ,secretary may not refer individuals whose cases have been deferred pursuant to ,,daca or who have been granted provisional protected presence under this section to ,u4,s4 ,immigration and ,customs ,enforcement4 7,c7 ,limited exception ,the information submitted in applications for provisional protected presence under this section and in requests for consideration of ,,daca may be shared with national security and law enforcement agencies-- 7i7 for assistance in the consideration of the application for provisional protected presence2 7ii7 to identify or prevent fraudulent claims2 7iii7 for national security purposes2 and 7iv7 for the investigation or prosecution of any felony not related to immigration status4 7g7 ,rescission of provisional protected presence ,the ,secretary may not rescind an alien's provisional protected presence or employment authorization granted under this section unless the ,secretary determines that the alien-- 7#a7 has been convicted of-- 7,a7 a felony2 7,b7 a significant misdemeanor2 or 7,c7 three or more misdemeanors not occurring on the same date and not arising out of the same act1 omission1 or scheme of misconduct2 7#b7 poses a threat to national security or a threat to public safety2 7#c7 has traveled outside of the ,united ,states without authorization from the ,secretary2 or 7#d7 ceased to continuously reside in the ,united ,states4 7h7 ,treatment of brief1 casual1 and innocent departures and certain other absences ,for purposes of subsections 7c77#c7 and 7g77#d71 an alien shall not be considered to have failed to continuously reside in the ,united ,states due to-- 7#a7 brief1 casual1 and innocent absences from the ,united ,states during the period beginning on ,june #ae1 #bjjg1 and ending on ,august #ad1 #bjab2 or 7#b7 travel outside of the ,united ,states on or after ,august #ae1 #bjab1 if such travel was authorized by the ,secretary4 7i7 ,effect of deferred action under ,deferred ,action for ,childhood ,arrivals ,program 7#a7 ,provisional protected presence ,a ,,daca recipient is deemed to have provisional protected presence under this section through the expiration date of the alien's deferred action status1 as specified by the ,secretary in conjunction with the approval of the alien's ,,daca application4 7#b7 ,employment authorization ,if a ,,daca recipient has been granted employment authorization by the ,secretary in addition to deferred action1 the employment authorization shall continue through the expiration date of the alien's deferred action status1 as specified by the ,secretary in conjunction with the approval of the alien's ,,daca application4 7#c7 ,effect of application ,if a ,,daca recipient files an application for provisional protected presence under this section not later than the expiration date of the alien's deferred action status1 as specified by the ,secretary in conjunction with the approval of the alien's ,,daca application1 the alien's provisional protected presence1 and any employment authorization1 shall remain in effect pending the adjudication of such application4 4 7b7 ,clerical amendment ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja note7 is amended by inserting after the item relating to section #bdd the following3 ,sec4 #bdd;,a4 ,provisional protected presence4 4 #c4 ,mandatory detention and prompt removal of certain criminal aliens 7a7 ,detention ,section #bcf7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7;c77#a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking the comma at the end and inserting a semicolon2 7,b7 in subparagraph 7,b71 by striking the comma at the end and inserting a semicolon2 7,c7 in subparagraph 7,c71 by striking 1 or at the end and inserting a semicolon2 7,d7 in subparagraph 7,d71 by striking the comma at the end and inserting 2 or2 and 7,e7 by inserting after subparagraph 7,d7 the following3 7,e7 7i7 is unlawfully present in the ,united ,states1 as determined by the ,secretary of ,homeland ,security2 and 7ii7 is arrested for any offense described in subparagraphs 7,a7 through 7,d71 the conviction of which would render the alien inadmissible under section #bab7;a7 or deportable under section #bcg7;a71 2 and 7#b7 in paragraph 7#b7-- 7,a7 by striking ,the ,attorney ,general and inserting the following3 7,a7 ,in general ,except as provided in subparagraph 7,c71 the ,secretary of ,homeland ,security 2 7,b7 by striking ,attorney ,general each place such term appears and inserting ,secretary2 7,c7 by striking ,code1 that release and inserting the following3 8,code1 that-- 7i7 release 2 7,d7 by striking investigation1 and the alien and inserting the following3 8investigation2 and 7ii7 the alien 2 7,e7 by striking ,a decision relating to such release and inserting the following3 7,b7 ,decision procedure ,a decision relating to a release under subparagraph 7,a7 2 and 7,f7 by adding at the end the following3 7,d7 ,aliens who have been arrested1 but not convicted ,the ,secretary of ,homeland ,security may release any alien held pursuant to paragraph 7#a77;,e7 to the appropriate authority for any proceedings subsequent to the arrest4 ,the ,secretary shall resume custody of such alien during any period pending the final disposition of any such proceedings when the alien is not in the custody of such appropriate authority4 ,if the alien is not convicted of the offense for which the alien was arrested1 the ,secretary shall continue to detain the alien until removal proceedings are completed4 4 7b7 ,prompt removal ,section #bci7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi7;d77 is amended by adding at the end the following3 7#c7 ,the ,secretary of ,homeland ,security shall complete removal proceedings for any alien held pursuant to section #bcf7;c77#a77;,e7 not later than #ij days after such alien is detained4 4 #d4 ,emergency immigration personnel 7a7 ,goal ,it shall be the goal of the ,attorney ,general1 the ,secretary of ,homeland ,security1 and the ,director of the ,executive ,office for ,immigration ,review to use the amounts appropriated pursuant to subsection 7d7 to bring a prompt resolution to immigration cases pertaining to aliens who are inadmissible under section #bab7;a77#b7 or #bcg7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b7 and #abbg7;a77#b774 7b7 ,emergency immigration judges 7#a7 ,designation ,not later than #ad days after the date of the enactment of this ,act1 the ,attorney ,general shall designate up to #ajj temporary immigration judges1 for renewable #f-month terms1 including by hiring retired immigration judges1 magistrate judges1 administrative law judges1 or other qualified attorneys using the same criteria as applied to the hiring of permanent immigration judges4 7#b7 ,requirement ,the ,attorney ,general shall ensure that sufficient immigration judge resources are dedicated to achieving the goal described in subsection 7a74 7c7 ,immigration litigation attorneys ,the ,secretary of ,homeland ,security shall hire #aej new immigration litigation attorneys in the ,field ,legal ,operations of ,u4,s4 ,immigration and ,customs ,enforcement to ensure that the goal described in subsection 7a7 is achieved4 7d7 ,authorization of appropriations ,there is authorized to be appropriated #ajj1jjj1jjj to carry out this section4 #e4 ,reporting requirements 7a7 ,report required ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,homeland ,security shall submit a report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives that includes the information specified in subsection 7b74 7b7 ,contents ,the report required under subsection 7a7 shall describe-- 7#a7 the number of aliens currently present in the ,united ,states who have ever been arrested for a criminal offense2 7#b7 the number of aliens currently present in the ,united ,states who have ever been convicted of a criminal offense2 7#c7 the number of aliens with final orders of removal who are currently present in the ,united ,states and of such aliens-- 7,a7 how many have ever been arrested for any criminal offense2 and 7,b7 how many have ever been convicted for any criminal offense2 7#d7 the number of detainers that were issued by the ,department of ,homeland ,security during the previous fiscal year and the number of such detainers that were honored2 and 7#e7 during the previous fiscal year-- 7,a7 the number of aliens who were deported not later than #ij days after being detained by ,u4,s4 ,immigration and ,customs ,enforcement1 as required under section #bci7;d77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi7;d77 and the criminal offenses of such aliens2 7,b7 of the aliens who should have been deported under such section and were not deported within #ij days of detention-- 7i7 the reasons the aliens were not deported2 and 7ii7 the criminal offenses of such aliens2 and 7,c7 of the aliens who were released from the custody of ,u4,s4 ,immigration and ,customs ,enforcement and not deported-- 7i7 the number of such aliens2 7ii7 the criminal offenses committed by such aliens2 7iii7 the conditions of their release2 7iv7 the number of aliens who committed a crime after being released from custody2 and 7v7 a list of crimes committed by such aliens4