(1) It is an affirmative defense to prosecution under this chapter that:(a) The federal government has granted the defendant:(i) Lawful presence in the United States; or(ii) Asylum under 8 USC § 1158;(b) The defendant’s conduct does not constitute a violation of 8 USC § 1325(a); or(c) The defendant was approved for benefits under the federal Deferred Action for Childhood Arrivals program between June 15, 2012, and July 16, 2021.
(a) The federal government has granted the defendant:(i) Lawful presence in the United States; or(ii) Asylum under 8 USC § 1158;
(i) Lawful presence in the United States; or
(ii) Asylum under 8 USC § 1158;
(b) The defendant’s conduct does not constitute a violation of 8 USC § 1325(a); or
(c) The defendant was approved for benefits under the federal Deferred Action for Childhood Arrivals program between June 15, 2012, and July 16, 2021.
(2) Participation in the following federal programs does not provide an affirmative defense to prosecution under this chapter:(a) The Deferred Action for Parents of Americans and Lawful Permanent Residents program; or(b) Any program not enacted by the United States Congress that is a successor to or materially similar to the program specified in subsection (1)(c) of this section or paragraph (a) of this subsection.
(a) The Deferred Action for Parents of Americans and Lawful Permanent Residents program; or
(b) Any program not enacted by the United States Congress that is a successor to or materially similar to the program specified in subsection (1)(c) of this section or paragraph (a) of this subsection.