S.Amdt. 35

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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