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II
117TH CONGRESS
1ST SESSION
S. 846
To provide for the confidentiality of information submitted in requests for
deferred action under the deferred action for childhood arrivals program,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 18, 2021
Mr. HEINRICH (for himself, Mr. BLUMENTHAL, Mr. WHITEHOUSE, Ms. COR-
TEZ MASTO, Mrs. FEINSTEIN, Mr. MARKEY, Ms. WARREN, Mr. SAND-
ERS, Mr. MERKLEY, Ms. ROSEN, Mr. REED, Mr. WYDEN, Mr. VAN HOL-
LEN, Ms. KLOBUCHAR, Mr. BOOKER, Mr. SCHATZ, Mr. CARDIN, Mr.
LUJA´N, and Mr. LEAHY) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
A BILL
To provide for the confidentiality of information submitted
in requests for deferred action under the deferred action
for childhood arrivals program, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Protect DREAMer
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Confidentiality Act of 2021’’.
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SEC. 2. DEFINITIONS.
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In this Act:
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•S 846 IS
(1) DACA PROGRAM.—The term ‘‘DACA pro-
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gram’’ means the deferred action for childhood ar-
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rivals program described in the memorandum of the
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Department of Homeland Security entitled ‘‘Exer-
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cising Prosecutorial Discretion with Respect to Indi-
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viduals Who Came to the United States as Chil-
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dren’’ issued on June 15, 2012.
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(2) INDIVIDUAL APPLICATION INFORMATION.—
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The term ‘‘individual application information’’
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means any information, including personally identifi-
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able information, submitted to the Secretary after
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June 15, 2012, as part of a request for consider-
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ation or reconsideration for the DACA program.
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(3) SECRETARY.—The term ‘‘Secretary’’ means
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the Secretary of Homeland Security.
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SEC. 3. CONFIDENTIALITY OF INFORMATION SUBMITTED
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FOR DACA PROGRAM.
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(a) IN GENERAL.—The Secretary shall protect indi-
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vidual application information from disclosure to U.S. Im-
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migration and Customs Enforcement or U.S. Customs and
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Border Protection for any purpose other than the imple-
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mentation of the DACA program.
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(b) REFERRALS PROHIBITED.—The Secretary may
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not refer to U.S. Immigration and Customs Enforcement,
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U.S. Customs and Border Protection, the Department of
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•S 846 IS
Justice, or any other law enforcement agency any indi-
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vidual the case of whom has been deferred pursuant to
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the DACA program.
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(c) LIMITED EXCEPTION.—Individual application in-
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formation may be shared with national security and law
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enforcement agencies—
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(1) to identify or prevent fraudulent claims;
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(2) for particularized national security purposes
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relating to an individual application; and
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(3) for the investigation or prosecution of any
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felony not related to immigration status.
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Æ
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