IN THE SENATE OF THE UNITED STATES
March 18, 2021
Mr. Heinrich (for himself, Mr. Blumenthal, Mr. Whitehouse, Ms. Cortez Masto, Mrs. Feinstein, Mr. Markey, Ms. Warren, Mr. Sanders, Mr. Merkley, Ms. Rosen, Mr. Reed, Mr. Wyden, Mr. Van Hollen, Ms. Klobuchar, Mr. Booker, Mr. Schatz, Mr. Cardin, Mr. Luján, and Mr. Leahy) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
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.
This Act may be cited as the
Protect DREAMer Confidentiality Act of 2021.
In this Act:
The term DACA program means 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.
Individual application information
The term individual application information means any information, including personally identifiable information, submitted to the Secretary after June 15, 2012, as part of a request for consideration or reconsideration for the DACA program.
The term Secretary means the Secretary of Homeland Security.
Confidentiality of information submitted for DACA program
The Secretary shall protect individual application information from disclosure to U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection for any purpose other than the implementation of the DACA program.
The Secretary may not refer to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, the Department of Justice, or any other law enforcement agency any individual the case of whom has been deferred pursuant to the DACA program.
Individual application information may be shared with national security and law enforcement agencies—
to identify or prevent fraudulent claims;
for particularized national security purposes relating to an individual application; and
for the investigation or prosecution of any felony not related to immigration status.