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CRS INSIGHT


Unauthorized Childhood Arrivals: Legislative Options

September 14, 2017 (IN10777)




Related Author


      AndarraBruno




Andorra Bruno, Specialist in Immigration Policy (abrmnogcrs L gov, 7-7865)

In 2012, the Department of Homeland Security (DHS) began granting deferred action through the Defrred Acion f
Childhood Arrivals (DACA) program to certain individuals without lawful immigration status who had arrived in the
United States as children and met other requirements. The requirements included initial entry into the United States
before age 16, continuous U.S. residence since June 15, 2007, and being under age 31 as of June 15, 2012. Deferred
action provides protection against removal from the United States. Individuals granted deferred action also may receive
work authorization. Initial grants of deferred action under DACA were for two years and could be renewed in two-year
increments. As of March 31, 2017, DHS had approved 787 580 initial re s for DACA from applicants residing in all
50 states, the District of Columbia, and several U.S. territories.

On September 5, 2017, the Trump Administration announced plans to terminate the DACA program. In a memorandum
issued the same day, DHS explained that DACA would be phased out and that beneficiaries whose grants of deferred
action were set to expire after March 5, 2018, would not be able to request a renewal. As a result, under the
Administration's plan, a beneficiary whose period of deferred action expires after March 5, 2018, will lose DACA
protection on the expiration date. (For additional information, see CRS Report R44764, DeferredAction for Childhood
Arrivals _DA A : Fre uent/ Asked  uestions, and CRS Legal Sidebar WSLG1 871, The End ofthe DeferredAction or
C'hildhood Arriva/s Pro~rm ome Immediate Takeaways.)

Bills Providing Temporary Protection from Removal

A number of bills have been introduced in the 115th Congress to provide immigration relief to DACA beneficiaries and
certain other unauthorized aliens who arrived in the United States as children (sometimes referred to as unauthorized
childhood arrivals). Some of these bills-such as the Securing Active and Fair Enforcement Act (SAFE) Act (S 127)
and the Bar Removal of Individuals who Dream and Grow our Economy Act (BRIDGE) Act (SLUS/l R 496)-would
establish a new form of temporary protection from removal termed provisional protected presence (PPP). The
eligibility requirements under S 127 and £j2_/H R 496 for PPP, which are similar to those for DACA, would include
that the individual was born after June 15, 1981; initially entered the United States before age 16; was physically and
unlawfully present in the United States on June 15, 2012; and had continuously resided in the United States since June
15, 2007. Like the DACA initiative, these bills also would require prospective beneficiaries to satisfy educational
requirements (which would include being enrolled in school, or having a high school diploma or general education
development certificate) or to have been honorably discharged from the U.S. Armed Forces or the U.S. Coast Guard.

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