Sec. 3. Treatment of individuals granted deferred action
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For purposes of eligibility under any of the provisions referred to in subsection (c), notwithstanding paragraph
(8)of section 152.2 of title 45, Code of Federal Regulations, individuals described in subsection
(b)shall be considered lawfully present in the United States. For purposes of subsection (a), the individuals described in this subsection are the following: An individual with deferred action under the Department of Homeland Security’s deferred action for childhood arrivals process, as described in the Secretary of Homeland Security’s June 15, 2012, memorandum. An individual with deferred action under the Department of Homeland Security’s deferred action process for expanded deferred action for childhood arrivals and parents of United States citizens and lawful permanent residents, as described in the Secretary of Homeland Security’s November 20, 2014, memorandum. For purposes of subsection (a), the provisions described in this subsection are the following: Section 1311 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 ). Section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ). Section 36B of the Internal Revenue Code of 1986.
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