S.Amdt. 90

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.''.
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