[Congressional Record Volume 171, Number 9 (Thursday, January 16, 2025)]
[Senate]
[Page S234]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 90. Mr. BENNET 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. ___. 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.--
       ``(A) In general.--An alien described in subparagraph (B) 
     shall not be subject to custody or detention under paragraph 
     (1)(E).
       ``(B) Alien described.--An alien described in this 
     subparagraph is any alien who--
       ``(i)(I) has been granted 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;
       ``(II) has been granted 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)); or
       ``(III) is 16 years of age or younger; and
       ``(ii) is charged with, is arrested for, admits having 
     committed, or admits committing acts which constitute the 
     essential elements of any burglary, theft, larceny, or 
     shoplifting offense.''.
                                 ______