[Congressional Record Volume 171, Number 7 (Tuesday, January 14, 2025)]
[Senate]
[Pages S141-S142]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 19. Mr. BENNET submitted an amendment intended to be proposed by

[[Page S142]]

him to the bill S. 5, to require the Secretary of Homeland Security to 
take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. 4. CLARIFICATION WITH RESPECT TO CERTAIN ALIENS WHO CAME 
                   TO THE UNITED STATES AS CHILDREN AND ALIENS WHO 
                   ARE 16 YEARS OF AGE OR YOUNGER.

       Section 236(c) of the Immigration and Nationality Act (8 
     U.S.C. 1226(c)), as amended by this Act, is further amended 
     by adding at the end the following:
       ``(5) Exclusions.--The following aliens are not subject to 
     custody or detention under paragraph (1)(E):
       ``(A) Any alien who has been granted or is eligible for 
     deferred action pursuant to the deferred action for childhood 
     arrivals program described in the memorandum of the 
     Department of Homeland Security entitled `Exercising 
     Prosecutorial Discretion with Respect to Individuals Who Came 
     to the United States as Children' issued on June 15, 2012.
       ``(B) Any alien who has been granted or is eligible for 
     deferred action pursuant to the final rule of the Department 
     of Homeland Security entitled `Deferred Action for Childhood 
     Arrivals' (87 Fed. Reg. 53152 (August 30, 2022)).
       ``(C) Any alien who is 16 years of age or younger.''.
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