Bills
| 3.23.22

Should Unauthorized Immigrants Covered by DACA Get Protected Status for Three Years? (S. 3542)

Do you support or oppose this bill?

What is S. 3542?

(Updated November 12, 2019)

This bill — known as the BRIDGE Act — would grant individuals who are eligible for the Deferred Action for Childhood Arrivals (DACA) program temporary relief from deportation and authorize them to work in the U.S. The “provisional protected presence” and work authorization would remain in effect for three years after this legislation is enacted.

Eligible applicants would have to pay a reasonable fee, go through a criminal background check, and show that they’ve satisfied certain eligibility criteria, including that they:

  • Came to the U.S. as minors;

  • Grew up in this country;

  • Have pursued an education;

  • Haven’t committed any serious crimes;

  • Don’t pose a threat to this country.

A person who is granted provisional protected presence could have that status revoked if the Dept. of Homeland Security (DHS) determines that they no longer meet the eligibility criteria. People currently covered by DACA would receive provisional protected presence until their DACA status expires, although they could apply for provisional protected presence prior to the expiration.

Individuals are eligible for DACA if they came to the U.S. illegally as children prior to January 1, 2010 and have committed no felonies or significant misdemeanors. It doesn’t provide permanent legal status or a path to citizenship, it simply offers a renewable two-year work permit and deferred action from deportation.

Argument in favor

If President-elect Trump repeals DACA, people currently covered by the program should be able to stay and work in the U.S. for three years rather than being deported. That gives time for real immigration reform to materialize.

Argument opposed

Regardless of when they were brought here, unauthorized immigrants shouldn’t be granted deferred action from deportation. Ending DACA would ensure that immigration laws are respected.

Impact

Individuals eligible to be covered by DACA; and DHS.

Cost of S. 3542

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Sen. Lindsey Graham (R-SC) introduced this bill to protect people currently covered by DACA from deportation in the event that President-elect Trump repeals President Obama’s executive order that created DACA:

“Our legislation continues to provide legal status to [DREAMers] for three years as Congress seeks a permanent solution. These young people have much to offer the country and we stand to benefit from the many contributions they will make to America. I’m confident that if President-elect Trump were to support this measure we can repeal the unconstitutional Executive Order and Congress will provide temporary legal status through the proper constitutional process.”

This legislation has the support of five cosponsors in the Senate, including three Democrats and two Republicans. The Democrats are Sens. Dick Durbin (D-IL), Dianne Feinstein (D-CA) and Chuck Schumer (D-NY) while the Republicans are Sens. Lisa Murkowski (R-AK) and Jeff Flake (R-AZ).


Media:

Summary by Eric Revell

(Photo Credit: John McIntosh / Creative Commons)