text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Bar Removal of Individuals who Dream 
  and Grow our Economy Act'' or the ``BRIDGE Act''.
  
  SEC. 2. PROVISIONAL PROTECTED PRESENCE FOR YOUNG INDIVIDUALS.
  
      (a) In General.--Chapter 4 of title II of the Immigration and 
  Nationality Act (8 U.S.C. 1221 et seq.) is amended by adding at the end 
  the following:
  
  ``SEC. 244A. PROVISIONAL PROTECTED PRESENCE.
  
      ``(a) Definitions.--In this section:
              ``(1) DACA recipient.--The term `DACA recipient' means an 
          alien who is in deferred action status on the date of the 
          enactment of this section pursuant to the Deferred Action for 
          Childhood Arrivals (`DACA') Program announced on June 15, 2012.
              ``(2) Felony.--The term `felony' means a Federal, State, or 
          local criminal offense (excluding a State or local offense for 
          which an essential element was the alien's immigration status) 
          punishable by imprisonment for a term exceeding one year.
              ``(3) Misdemeanor.--The term `misdemeanor' means a Federal, 
          State, or local criminal offense (excluding a State or local 
          offense for which an essential element was the alien's 
          immigration status, a significant misdemeanor, and a minor 
          traffic offense) for which--
                      ``(A) the maximum term of imprisonment is greater 
                  than five days and not greater than one year; and
                      ``(B) the individual was sentenced to time in 
                  custody of 90 days or less.
              ``(4) Secretary.--The term `Secretary' means the Secretary 
          of Homeland Security.
              ``(5) Significant misdemeanor.--The term `significant 
          misdemeanor' means a Federal, State, or local criminal offense 
          (excluding a State or local offense for which an essential 
          element was the alien's immigration status) for which the 
          maximum term of imprisonment is greater than five days and not 
          greater than one year that--
                      ``(A) regardless of the sentence imposed, is a 
                  crime of domestic violence (as defined in section 
                  237(a)(2)(E)(i)) or an offense of sexual abuse or 
                  exploitation, burglary, unlawful possession or use of a 
                  firearm, drug distribution or trafficking, or driving 
                  under the influence if the State law requires, as an 
                  element of the offense, the operation of a motor 
                  vehicle and a finding of impairment or a blood alcohol 
                  content of .08 or higher; or
                      ``(B) resulted in a sentence of time in custody of 
                  more than 90 days, excluding an offense for which the 
                  sentence was suspended.
              ``(6) Threat to national security.--An alien is a `threat 
          to national security' if the alien is--
                      ``(A) inadmissible under section 212(a)(3); or
                      ``(B) deportable under section 237(a)(4).
              ``(7) Threat to public safety.--An alien is a `threat to 
          public safety' if the alien--
                      ``(A) has been convicted of an offense for which an 
                  element was participation in a criminal street gang (as 
                  defined in section 521(a) of title 18, United States 
                  Code); or
                      ``(B) has engaged in a continuing criminal 
                  enterprise (as defined in section 408(c) of the 
                  Comprehensive Drug Abuse Prevention and Control Act of 
                  1970 (21 U.S.C. 848(c))).
      ``(b) Authorization.--The Secretary--
              ``(1) shall grant provisional protected presence to an 
          alien who files an application demonstrating that he or she 
          meets the eligibility criteria under subsection (c) and pays 
          the appropriate application fee;
              ``(2) may not remove such alien from the United States 
          during the period in which such provisional protected presence 
          is in effect unless such status is rescinded pursuant to 
          subsection (g); and
              ``(3) shall provide such alien with employment 
          authorization.
      ``(c) Eligibility Criteria.--An alien is eligible for provisional 
  protected presence under this section and employment authorization if 
  the alien--
              ``(1) was born after June 15, 1981;
              ``(2) entered the United States before attaining 16 years 
          of age;
              ``(3) continuously resided in the United States between 
          June 15, 2007, and the date on which the alien files an 
          application under this section;
              ``(4) was physically present in the United States on June 
          15, 2012, and on the date on which the alien files an 
          application under this section;
              ``(5) was unlawfully present in the United States on June 
          15, 2012;
              ``(6) on the date on which the alien files an application 
          for provisional protected presence--
                      ``(A) is enrolled in school or in an education 
                  program assisting students in obtaining a regular high 
                  school diploma or its recognized equivalent under State 
                  law, or in passing a general educational development 
                  exam or other State-authorized exam;
                      ``(B) has graduated or obtained a certificate of 
                  completion from high school;
                      ``(C) has obtained a general educational 
                  development certificate; or
                      ``(D) is an honorably discharged veteran of the 
                  Coast Guard or Armed Forces of the United States;
              ``(7) has not been convicted of--
                      ``(A) a felony;
                      ``(B) a significant misdemeanor; or
                      ``(C) three or more misdemeanors not occurring on 
                  the same date and not arising out of the same act, 
                  omission, or scheme of misconduct; and
              ``(8) does not otherwise pose a threat to national security 
          or a threat to public safety.
      ``(d) Duration of Provisional Protected Presence and Employment 
  Authorization.--Provisional protected presence and the employment 
  authorization provided under this section shall be effective until the 
  date that is three years after the date of the enactment of this 
  section.
      ``(e) Status During Period of Provisional Protected Presence.--
              ``(1) In general.--An alien granted provisional protected 
          presence is not considered to be unlawfully present in the 
          United States during the period beginning on the date such 
          status is granted and ending on the date described in 
          subsection (d).
              ``(2) Status outside period.--The granting of provisional 
          protected presence under this section does not excuse previous 
          or subsequent periods of unlawful presence.
      ``(f) Application.--
              ``(1) Age requirement.--
                      ``(A) In general.--An alien who has never been in 
                  removal proceedings, or whose proceedings have been 
                  terminated before making a request for provisional 
                  protected presence, shall be at least 15 years old on 
                  the date on which the alien submits an application 
                  under this section.
                      ``(B) Exception.--The age requirement set forth in 
                  subparagraph (A) shall not apply to an alien who, on 
                  the date on which the alien applies for provisional 
                  protected presence, is in removal proceedings, has a 
                  final removal order, or has a voluntary departure 
                  order.
              ``(2) Application fee.--
                      ``(A) In general.--The Secretary may require aliens 
                  applying for provisional protected presence and 
                  employment authorization under this section to pay a 
                  reasonable fee that is commensurate with the cost of 
                  processing the application.
                      ``(B) Exemption.--An applicant may be exempted from 
                  paying the fee required under subparagraph (A) if the 
                  alien--
                              ``(i)(I) is younger than 18 years of age;
                              ``(II) received total income during the 12-
                          month period immediately preceding the date on 
                          which the alien files an application under this 
                          section that is less than 150 percent of the 
                          United States poverty level; and
                              ``(III) is in foster care or otherwise 
                          lacking any parental or other familial support;
                              ``(ii) is younger than 18 years of age and 
                          is homeless;
                              ``(iii)(I) cannot care for himself or 
                          herself because of a serious, chronic 
                          disability; and
                              ``(II) received total income during the 12-
                          month period immediately preceding the date on 
                          which the alien files an application under this 
                          section that is less than 150 percent of the 
                          United States poverty level; or
                              ``(iv)(I) as of the date on which the alien 
                          files an application under this section, has 
                          accumulated $10,000 or more in debt in the past 
                          12 months as a result of unreimbursed medical 
                          expenses incurred by the alien or an immediate 
                          family member of the alien; and
                              ``(II) received total income during the 12-
                          month period immediately preceding the date on 
                          which the alien files an application under this 
                          section that is less than 150 percent of the 
                          United States poverty level.
              ``(3) Removal stayed while application pending.--The 
          Secretary may not remove an alien from the United States who 
          appears prima facie eligible for provisional protected presence 
          while the alien's application for provisional protected 
          presence is pending.
              ``(4) Aliens not in immigration detention.--An alien who is 
          not in immigration detention, but who is in removal 
          proceedings, is the subject of a final removal order, or is the 
          subject of a voluntary departure order, may apply for 
          provisional protected presence under this section if the alien 
          appears prima facie eligible for provisional protected 
          presence.
              ``(5) Aliens in immigration detention.--The Secretary shall 
          provide any alien in immigration detention, including any alien 
          who is in removal proceedings, is the subject of a final 
          removal order, or is the subject of a voluntary departure 
          order, who appears prima facie eligible for provisional 
          protected presence, upon request, with a reasonable opportunity 
          to apply for provisional protected presence under this section.
              ``(6) Confidentiality.--
                      ``(A) In general.--The Secretary shall protect 
                  information provided in applications for provisional 
                  protected presence under this section and in requests 
                  for consideration of DACA from disclosure to U.S. 
                  Immigration and Customs Enforcement and U.S. Customs 
                  and Border Protection for the purpose of immigration 
                  enforcement proceedings.
                      ``(B) Referrals prohibited.--The Secretary may not 
                  refer individuals whose cases have been deferred 
                  pursuant to DACA or who have been granted provisional 
                  protected presence under this section to U.S. 
                  Immigration and Customs Enforcement.
                      ``(C) Limited exception.--The information submitted 
                  in applications for provisional protected presence 
                  under this section and in requests for consideration of 
                  DACA may be shared with national security and law 
                  enforcement agencies--
                              ``(i) for assistance in the consideration 
                          of the application for provisional protected 
                          presence;
                              ``(ii) to identify or prevent fraudulent 
                          claims;
                              ``(iii) for national security purposes; and
                              ``(iv) for the investigation or prosecution 
                          of any felony not related to immigration 
                          status.
              ``(7) Acceptance of applications.--Not later than 60 days 
          after the date of the enactment of this section, the Secretary 
          shall begin accepting applications for provisional protected 
          presence and employment authorization.
      ``(g) Rescission of Provisional Protected Presence.--The Secretary 
  may not rescind an alien's provisional protected presence or employment 
  authorization granted under this section unless the Secretary 
  determines that the alien--
              ``(1) has been convicted of--
                      ``(A) a felony;
                      ``(B) a significant misdemeanor; or
                      ``(C) three or more misdemeanors not occurring on 
                  the same date and not arising out of the same act, 
                  omission, or scheme of misconduct;
              ``(2) poses a threat to national security or a threat to 
          public safety;
              ``(3) has traveled outside of the United States without 
          authorization from the Secretary; or
              ``(4) has ceased to continuously reside in the United 
          States.
      ``(h) Treatment of Brief, Casual, and Innocent Departures and 
  Certain Other Absences.--For purposes of subsections (c)(3) and (g)(4), 
  an alien shall not be considered to have failed to continuously reside 
  in the United States due to--
              ``(1) brief, casual, and innocent absences from the United 
          States during the period beginning on June 15, 2007, and ending 
          on August 14, 2012; or
              ``(2) travel outside of the United States on or after 
          August 15, 2012, if such travel was authorized by the 
          Secretary.
      ``(i) Treatment of Expunged Convictions.--For purposes of 
  subsections (c)(7) and (g)(1), an expunged conviction shall not 
  automatically be treated as a disqualifying felony, significant 
  misdemeanor, or misdemeanor, but shall be evaluated on a case-by-case 
  basis according to the nature and severity of the offense to determine 
  whether, under the particular circumstances, the alien should be 
  eligible for provisional protected presence under this section.
      ``(j) Effect of Deferred Action Under Deferred Action for Childhood 
  Arrivals Program.--
              ``(1) Provisional protected presence.--A DACA recipient is 
          deemed to have provisional protected presence under this 
          section through the expiration date of the alien's deferred 
          action status, as specified by the Secretary in conjunction 
          with the approval of the alien's DACA application.
              ``(2) Employment authorization.--If a DACA recipient has 
          been granted employment authorization by the Secretary in 
          addition to deferred action, the employment authorization shall 
          continue through the expiration date of the alien's deferred 
          action status, as specified by the Secretary in conjunction 
          with the approval of the alien's DACA application.
              ``(3) Effect of application.--If a DACA recipient files an 
          application for provisional protected presence under this 
          section not later than the expiration date of the alien's 
          deferred action status, as specified by the Secretary in 
          conjunction with the approval of the alien's DACA application, 
          the alien's provisional protected presence, and any employment 
          authorization, shall remain in effect pending the adjudication 
          of such application.''.
      (b) Clerical Amendment.--The table of contents for the Immigration 
  and Nationality Act (8 U.S.C. 1101 note) is amended by inserting after 
  the item relating to section 244 the following:
  
  ``Sec. 244A. Provisional protected presence.''.
target: Bar Removal of Individuals who Dream and Grow our Economy Act or the BRIDGE Act This bill amends the Immigration and Nationality Act to provide that the Department of Homeland Security (DHS): (1) shall grant a three-year provisional protected presence to a qualifying alien, (2) may not remove the alien from the United States unless such protected presence is rescinded, and (3) shall provide such alien with employment authorization.  An alien is eligible for such protected presence and employment authorization if the alien: (1) was born after June 15, 1981; (2) entered the United States before attaining 16 years of age; (3)&nbsp;&nbsp;&nbsp; continuously resided in the United States since June 15, 2007; (4) was physically but unlawfully present in the United States on June 15; (5) on the date the alien files an application the alien is present in the United States, is enrolled in school or in an education program assisting students in obtaining a high school diploma, has graduated or obtained a certificate of completion from high school or a general educational development certificate, or is an honorably discharged U.S. Coast Guard or Armed Forces veteran; (6) has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors not occurring on the same date and not arising out of the same act; and (7) does not otherwise pose a threat to national security or a threat to public safety. The bill: (1) provides for confidentiality of application information, with certain national security and law enforcement exceptions; and (2) sets forth the criteria under which DHS may rescind protected presence. An alien granted protected presence is not considered to be unlawfully present in the United States during such period.  An alien must be at least 15 years old, unless in removal proceedings, to apply for protected presence. DHS may provide for an application fee and for fee exemptions. DHS may not: (1) remove an alien who appears prima facie eligible for protected presence while the alien's application is pending, or (2) refer individuals whose cases have been deferred pursuant to the Deferred Action for Childhood Arrivals Program (DACA) or who have been granted protected presence to U.S. Immigration and Customs Enforcement.   A DACA alien is deemed to have protected presence through the expiration date of his or her deferred action status.
feat_title: Bar Removal of Individuals who Dream and Grow our Economy Act