S 4243

Protect Children of Immigrant Workers Act This bill provides protections for an alien minor whose parent is the principal beneficiary of an employment-based immigrant petition. Specifically, the Department of Homeland Security (DHS) shall not detain or remove such a minor. The minor shall be eligible for nonimmigrant status, either dependent on the parent's status or otherwise, until a decision has been made on the minor's application for lawful permanent resident status. Such a minor shall also qualify as a derivative beneficiary child for immigrant visa purposes starting from the approval of the parent's employment-based immigration petition until a decision has been made on the minor's application for permanent resident status, even if the parent is deceased. These protections shall not apply if DHS determines that the minor poses a threat to public safety or national security.