[Congressional Record Volume 171, Number 7 (Tuesday, January 14, 2025)]
[Senate]
[Page S147]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 35. Mr. DURBIN (for himself and Mr. Blumenthal) submitted an 
amendment intended to be proposed by 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. PROTECTION FOR IMMIGRANTS BROUGHT TO THE UNITED 
                   STATES AS CHILDREN.

       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) Protection for immigrants brought to the united 
     states as children.--
       ``(A) In general.--A custody determination under paragraph 
     (1)(E) shall not be a basis to terminate a grant of deferred 
     action pursuant to--
       ``(i) 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; or
       ``(ii) the final rule of the Department of Homeland 
     Security entitled `Deferred Action for Childhood Arrivals' 
     (87 Fed. Reg. 53152 (August 30, 2022)).
       ``(B) Custody.--Aliens who meet the requirements 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)) shall not be 
     subject to paragraphs (1)(E) and (3).
       ``(C) Rule of construction.--Nothing in this paragraph may 
     be construed--
       ``(i) to prevent the termination of a grant of deferred 
     action for criminal conduct that would otherwise render an 
     individual ineligible for deferred action under the policies 
     and regulations described in subparagraph (A); or
       ``(ii) to modify requirements relating to enforcement for 
     criminal conduct that would subject an alien to custody or 
     removal pursuant to any other provision of this Act.''.
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