1. Short title This Act may be cited as the Securing Active and Fair Enforcement Act or the SAFE Act . 2. Provisional protected presence for young individuals (a) In general Chapter 4 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1221 et seq.) is amended by adding at the end the following: 244A. Provisional protected presence (a) Definitions In this section: (1) DACA recipient The term DACA recipient means an alien who is in deferred action status on the date of the enactment of this section pursuant to the Deferred Action for Childhood Arrivals ( DACA ) Program announced on June 15, 2012. (2) Felony The term felony means a Federal, State, or local criminal offense punishable by imprisonment for a term exceeding one year. (3) Misdemeanor The term misdemeanor means a Federal, State, or local criminal offense (excluding a significant misdemeanor) for which— (A) the maximum term of imprisonment is greater than five days and not greater than one year; and (B) the individual was sentenced to time in custody of 90 days or less. (4) Secretary The term Secretary means the Secretary of Homeland Security. (5) Significant misdemeanor The term significant misdemeanor means a Federal, State, or local criminal offense for which the maximum term of imprisonment is greater than five days and not greater than one year that— (A) regardless of the sentence imposed, is an offense of domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or trafficking, or driving under the influence if the State law requires, as an element of the offense, a finding of impairment or a blood alcohol content of .08 or higher; or (B) resulted in a sentence of time in custody of more than 90 days, excluding an offense for which the sentence was suspended. (6) Threat to national security An alien is a threat to national security if the alien is— (A) inadmissible under section 212(a)(3)