,,ii #aafth ,,congress #ast ,session ,s4 #aff ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #af1 #bjai,mr4 ,graham introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide provisional protected presence status for certain aliens and to provide mandatory appropriations relating to border security4 #a4 ,provisional protected presence 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 7excluding a ,state or local offense for which an essential element was the alien's immigration status7 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 ,state or local offense for which an essential element was the alien's immigration status1 a significant misdemeanor1 and a minor traffic offense7 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 7excluding a ,state or local offense for which an essential element was the alien's immigration status7 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 a crime of domestic violence 7as defined in section #bcg7;a77#b77;,e77i77 or an offense of 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 the operation of a motor vehicle and 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 7#h7 is a ,,daca recipient2 and 7#i7 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 ,an alien granted provisional protected presence is not considered to be unlawfully present in the ,united ,states during the period beginning on the date such status is granted and ending on the date described in subsection 7d74 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 order4 7#b7 ,application fee 7,a7 ,in general ,the ,secretary may require aliens applying for provisional protected presence and employment authorization 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 as of 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 who appears prima facie eligible for provisional protected presence while the alien's application for provisional protected presence is pending4 7#d7 ,aliens not in immigration detention ,an alien who is not in immigration detention1 but who is in removal proceedings1 is the subject of a final removal order1 or is the subject of a voluntary departure order1 may apply for provisional protected presence under this section if the alien appears prima facie eligible for provisional protected presence4 7#e7 ,aliens in immigration detention ,the ,secretary shall provide any alien in immigration detention1 including any alien who is in removal proceedings1 is the subject of a final removal order1 or is the subject of a voluntary departure order1 who appears prima facie eligible for provisional protected presence1 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 7#g7 ,acceptance of applications ,not later than #fj days after the date of the enactment of this section1 the ,secretary shall begin accepting applications for provisional protected presence and employment authorization4 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 has 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 ,treatment of expunged convictions ,for purposes of subsections 7c77#g7 and 7g77#a71 an expunged conviction shall not automatically be treated as a disqualifying felony1 significant misdemeanor1 or misdemeanor1 but shall be evaluated on a case-by-case basis according to the nature and severity of the offense to determine whether1 under the particular circumstances1 the alien should be eligible for provisional protected presence under this section4 7j7 ,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 #bdd;,b4 ,renewable provisional protected presence 7a7 ,in general ,the ,secretary of ,homeland ,security 7referred to in this section as the ,secretary7 shall grant provisional protected presence1 for a period of #c years and renewable indefinitely1 to an alien who-- 7#a7 submits an application for such status to the ,secretary not later than #ba years after the first day on which applications for such status are accepted2 7#b7 is admissible as an immigrant under this ,act at the time of examination for such status1 except that in the determination of the alien's admissibility for purposes of this section1 the ,secretary shall apply the terms of section #bdd7;c77#b77;,a72 7#c7 was granted temporary protected status or deferred enforced departure on or before ,october #a1 #bjag2 7#d7 has been continuously physically present in the ,united ,states for a period of not less than #e years immediately preceding the date of the enactment of this section2 and 7#e7 has not been convicted of-- 7,a7 a felony2 nor 7,b7 #b or more misdemeanors not occurring on the same date and not arising out of the same act1 omission1 or scheme of misconduct4 7b7 ,procedures ,the ,secretary shall establish a procedure allowing eligible individuals to apply for the relief available under this section without requiring placement in removal proceedings4 ,such procedure shall provide for the ability of a minor to apply for such relief1 including through a legal guardian or counsel4 7c7 ,application fee ,the ,secretary may require an alien applying for provisional protected presence under this section to pay a reasonable fee that is commensurate with the cost of processing the application4 7d7 ,submission of biometric and biographic data ,the ,secretary may not grant an alien provisional protected presence under this section unless the alien submits biometric and biographic data1 in accordance with procedures established by the ,secretary4 ,the ,secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data because of a physical impairment4 7e7 ,background checks 7#a7 ,requirement for background checks ,the ,secretary shall use biometric1 biographic1 and other data that the ,secretary determines appropriate-- 7,a7 to conduct security and law enforcement background checks of an alien seeking provisional protected presence under this section2 and 7,b7 to determine whether there is any criminal1 national security1 or other factor that would render the alien ineligible for such status4 7#b7 ,completion of background checks ,the security and law enforcement background checks of an alien required under paragraph 7#a7 shall be completed1 to the satisfaction of the ,secretary1 before the date on which the ,secretary grants such alien provisional protected presence under this section4 7#c7 ,criminal records requests ,the ,secretary1 in cooperation with the ,secretary of ,state1 shall seek to obtain information about any criminal activity the alien engaged in1 or for which the alien was convicted in his or her country of nationality1 country of citizenship1 or country of last habitual residence1 from ,,interpol1 ,,europol1 or any other international or national law enforcement agency of the alien's country of nationality1 country of citizenship1 or country of last habitual residence4 7f7 ,treatment of brief1 casual1 and innocent departures ,for purposes of subsection 7a77#d71 an alien shall not be considered to have failed to maintain continuous residence in the ,united ,states by virtue of brief1 casual1 and innocent absences from the ,united ,states4 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,sec4 #bdd;,b4 ,renewable provisional protected presence4 4 #b4 ,mandatory appropriations 7a7 ,in general ,notwithstanding any other provision of law1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary of ,homeland ,security and the ,attorney ,general1 as applicable1 to remain available until expended-- 7#a7 #e1gjj1jjj1jjj for ,u4,s4 ,customs and ,border ,protection for procurement1 construction1 and improvements2 7#b7 #hjj1jjj1jjj for urgent humanitarian needs to ensure the well-being of individuals taken into the custody of ,u4,s4 ,customs and ,border ,protection1 including for enhanced medical support1 transportation1 consumable supplies1 and additional temporary facilities for processing and short-term custody of vulnerable aliens2 7#c7 #efc1jjj1jjj for the ,executive ,office for ,immigration ,review to hire not fewer than #ge additional immigration judges and support staff to reduce the backlog of cases pending before the ,executive ,office for ,immigration ,review2 and 7#d7 #baa1jjj1jjj to hire not fewer than #gej additional ,border ,patrol ,agents to safeguard and secure the international borders of the ,united ,states4 7b7 ,receipt and acceptance ,the ,secretary of ,homeland ,security and the ,attorney ,general1 as applicable1 shall be entitled to receive1 shall accept1 and shall use the funds transferred under subsection 7a7 for the purposes described in that subsection1 without further appropriation4