BRIDGE Act Questions and Answers
By: Lily S. Axelrod
1.) What’s the BRIDGE Act?
The Bar Removal of Individuals who Dream and Grow our Economy (BRIDGE) Act, S. 3542, is a bipartisan bill which proposes to provide employment authorization and create greater protection from deportation for current Deferred Action for Childhood Arrival (DACA) beneficiaries and those who are eligible but have not yet applied for DACA. Senator Lindsey Graham (R-SC) introduced it on December 9, 2016.
2.) Does this bill help me now? Is there something I can apply for?
No. This is a legislative proposal that has not become law yet. It might never become law at all, it might become law exactly as proposed now, or it might be modified before it becomes law. There is no application or benefit now. However, DACA still exists; for my commentary on what Trump’s victory could mean for DACA please see https://www.visalaw.com/what-does-trumps-victory-mean-for-d…/.
3.) If the bill becomes law, what would it do?
The bill would create a new type of immigration status, called “provisional protected presence,” which would exist for three years starting on the date the bill passes.
This status is similar to DACA because it grants employment authorization and protection from deportation. However, it is a stronger protection against deportation because it explicitly prohibits the government from deporting people with provisional presence, and people whose applications are pending. The protection can only be rescinded if the beneficiary has a new conviction for certain offenses, poses a threat to national security or public safety, or travels outside the US without authorization.
The bill also prohibits the government from sharing information about DACA applicants and “provisional protected presence” applicants with immigration enforcement authorities, except to identify fraudulent claims, for “national security purposes,” and for investigation and prosecution of non-immigration related felonies.
Under this bill, the government is not allowed to share a big database of applications in order to help deportation officers identify and arrest people who have been in the US unlawfully, and it is not allowed to “refer” unsuccessful applicants to authorities unless there is an allegation of fraud, non-immigration related crime, or danger to the public.
4.) I already have DACA. How would this bill affect me if it becomes law?
If the bill is passed, people with DACA would automatically be granted “provisional protected presence,” which would last until the date of their current DACA expiration and would allow them to work lawfully and be protected from deportation. They can then apply to renew their “provisional protected presence” before their current DACA expires, which will automatically extend their work authorization and provisional protected presence while their application is pending.
This solves a common frustration among DACA beneficiaries (and many other immigration benefits such as TPS and asylum), who may find themselves temporarily unable to work lawfully if the government is slow to process their applications.
5.) Who is eligible to apply for provisional protected presence?
The requirements are nearly identical to the current DACA requirements. The applicant must meet all of the following criteria:
- Born after June 15, 1981;
- Entered the US before turning 16;
- Lived continuously in the US between June 15, 2007 and the date of filing the application;
- Was physically present in the US on June 15, 2012, and the date of filing the application;
- Was unlawfully present in the US on June 15, 2012;
- Be currently enrolled in high school or a GED program; graduated from high school or a GED program; or an honorably discharged veteran;
- Have no convictions for a felony, a significant misdemeanor, or three or more misdemeanors (see #6 below for more information);
- Does not otherwise pose a threat to national security or public safety.
People who are prima facie eligible (who can show that they meet the basic criteria) can apply even if they are in immigration detention, even if they have been ordered deported before, even if they are currently in removal proceedings. The government cannot deport someone with a pending application, if the person is prima facie eligible.
6.) What criminal convictions disqualify me? Is this different from DACA?
The criminal bars are nearly identical to DACA, with one small difference explained below.
A single felony conviction disqualifies you. This means you cannot have a conviction for a crime that is punishable by more than a year of jail or prison time (regardless of the sentence you actually received or served – you can have a felony conviction even if you’ve never spent a night in jail). This is the same as DACA.
A single “significant misdemeanor” conviction also disqualifies you. A “significant misdemeanor” is a crime of domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or trafficking, or driving under the influence. A significant misdemeanor also includes any misdemeanor where you were sentenced to more than 90 days (not including a suspended sentence).
Unlike for DACA, a “driving under the influence” offense only disqualifies you for provisional protected presence if the state law “requires, as an element of the offense, a finding of impairment or a blood alcohol content of 0.08 or higher.” This means that some state DUI laws would not disqualify you, even if you actually were impaired or your BAC was over 0.08.
For example, a state “zero tolerance” law would not disqualify a “provisional protected presence” applicant if the law prohibits people under 21 from driving after drinking any alcohol, regardless of BAC and regardless whether they are actually impaired. Similarly, a law which prohibits driving after smoking marijuana, but which does not actually require a finding of impairment, would not be a disqualifying misdemeanor. However, watch out, especially if you have a recent conviction or more than one: the government could still deny your application if it believes you are “a threat to public safety.”
7.) Does the bill provide a path to a green card or long-term lawful status?
No. Just like DACA, “provisional protected presence” is not a direct path to lawful permanent residence (also called a “green card”).
However, as with DACA, people with “provisional unlawful presence” can apply for residency if they are otherwise eligible (for example, through a petition by a family member or employer, or through a successful humanitarian application such as asylum or special immigrant juvenile status).
Also, as with DACA, the bill seems to contemplate that people with “provisional unlawful presence” can travel on advance parole. People who originally entered unlawfully, but traveled and returned to the US under a grant of advance parole, may become eligible to apply for residency if their only obstacle was the fact that they didn’t have a “lawful entry.”
8.) The bill says provisional protected presence lasts only three years. What happens after that?
The bill is clearly designed to pressure Congress to pass comprehensive immigration reform that would create a longer-term solution for DREAMers and their families. Unless Congress amends the bill or passes another law, “provisional protected presence” would end three years after the bill is passed and leave DREAMers once again out of luck.
The government would still be prohibited from sharing information from DACA and BRIDGE applications with enforcement agencies under most circumstances. In theory, this means that it would be difficult for ICE to do a “mass round-up” of people whose provisional protected presence is ending.
9.) If the bill passes, can’t President Trump just reverse it?
No. DACA is a presidential action, not a law passed by Congress. That means that the next president can change or destroy it as easily as Obama created it. On the other hand, the BRIDGE Act is a legislative proposal, which means that it if passes both houses of Congress, it becomes law that only Congress can change. Trump’s administration must then process applications for “provisional protected presence” whether it wants to or not, though Trump could try to obstruct the process or slow it down.
Fortunately, the bill is also designed to prevent Trump from obstructing the process by slowing down adjudications. People who already have DACA would be automatically protected until their DACA expiration date, and would continue to be automatically protected upon filing an application for “provisional protected presence” as long as they apply before their current DACA expiration date. Similarly, the government would not be able to deport people with pending applications who are prima facie eligible, no matter how long the government delays adjudicating their applications.
If the BRIDGE Act passes both houses of Congress, Trump could try to veto it. If that happens, two thirds of both houses of Congress would need to vote for the Act to override the veto.
10.) What should I be doing now, to make sure that I’m eligible for the BRIDGE Act if it passes?
If you haven’t applied for DACA yet, you should consult with an experienced immigration attorney about the risks and possible benefits of coming forward now.
If you haven’t graduated high school or attended a GED program in the US, now is a great time to enroll.
Keep records, and make sure you have documents that prove when you were present in the US. This can include things like school transcripts, vaccination records and other medical documents, employment records, bank statements, bills, mail from family, etc.
If you’ve ever had any contact with the criminal justice system, talk to an experienced immigration attorney to evaluate your record. A lot of people think that their past arrests can’t hurt them if the case was dismissed, or if they completed their sentence or probation, or if they paid their fine. This is not true. If you have ever been in handcuffs, ridden in the back of a police car, received a notice in the mail to come to court, seen a judge, spent the night in jail, etc, you may have a case that will affect your eligibility. If you don’t have records, call each court and ask for your “record of disposition,” and if possible, all other documents in the court file including police reports, complaints, docket sheets, and plea sheets. Bring these documents to an experienced immigration attorney, who can evaluate whether you are eligible for DACA and/or the BRIDGE Act, how your criminal record will affect the strength of your case, and whether you may want to consult with a criminal attorney about getting any of your cases reopened and vacated.
If you’ve ever been arrested, you’ll want to have evidence that you’re not a “threat to public safety.” If your arrests involve drugs or alcohol or violence, now is a great time to start individual counseling, anger management classes, or a recovery program like Alcoholics Anonymous. This will help you show the government that you won’t repeat your past mistakes.
View the full text of the bill
USCIS Publishes Interim Rule on T Nonimmigrant Status
The USCIS is amending an interim rule first published in 2002 in response to both public comments and congressional legislation made during its 14-year existence. The T visa was implemented with the intentions of providing immigrational protection to victims of human trafficking, allowing victims who are eligible to stay in the country with the purpose of providing assistance in an investigation or prosecution of human trafficking. The changes are intended to make requirements more clear, and procedures more efficient. With these changes comes the need to amend the T visa application and related forms; the USCIS has given a 60-day window for those who are still filing with the now outdated forms.
Read more about the T nonimmigrant status
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