[Congressional Record Volume 166, Number 128 (Tuesday, July 21, 2020)]
[Senate]
[Pages S4354-S4355]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN:
  S. 4243. A bill to protect children of certain immigrant workers from 
detention and removal and aging out of lawful status, and for other 
purposes; to the Committee on the Judiciary.

                                S. 4243

  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record. There being no objection, the text 
of the bill was ordered to be printed in the Record, as follows:
       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

[[Page S4355]]

       (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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