[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2064 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2064
To amend the Immigration and Nationality Act to provide for certain
protections for aliens granted temporary protected status or deferred
enforced departure, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 18, 2021
Mr. Smith of New Jersey introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to provide for certain
protections for aliens granted temporary protected status or deferred
enforced departure, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``TPS and DED Protection Act of
2021''.
SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NON-IMMIGRANT NATIONALS
GRANTED TEMPORARY PROTECTED STATUS OR DEFERRED ENFORCED
DEPARTURE.
Title II of the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) is amended by inserting after section 244 the following (and
amending the table of contents accordingly):
``SEC. 244A. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS IN RECEIPT OF
TEMPORARY PROTECTED STATUS OR DEFERRED ENFORCED
DEPARTURE.
``(a) In General.--The status of any alien described in subsection
(c) shall be adjusted by the Secretary of Homeland Security to that of
an alien lawfully admitted for permanent residence, if the alien--
``(1) applies for such adjustment within 3 years after the
date of enactment of this section;
``(2) is determined to be admissible to the United States
for permanent residence; and
``(3) meets the criteria established under subsection (c).
``(b) Certain Grounds for Inadmissibility Inapplicable.--
``(1) In general.--For purposes of determining
admissibility under subsection (a)(2), the grounds for
inadmissibility specified in paragraphs (4), (5), (6)(A), and
(7)(A) of section 212(a) of the Immigration and Nationality Act
shall not apply.
``(2) Additional waiver for individual aliens.--The
Secretary may waive any other provision of section 212(a) in
the case of an individual alien for humanitarian purposes, to
assure family unity, or when it is otherwise in the public
interest.
``(c) Aliens Eligible for Adjustment of Status.--
``(1) In general.--An alien shall be eligible for
adjustment of status if--
``(A) the alien is a national of a country (or part
of a country) with a designation under 244(b) of the
Immigration and Nationality Act during the period
specified in section 244(b)(2) and who was granted
temporary protected status, or was otherwise eligible
for temporary protected status, on or before October 1,
2017, or has been granted Deferred Enforced Departure
(hereinafter in this section referred to as `DED') on
or before October 1, 2017; and
``(B) the alien has been continuously physically
present in the United States for a period of not less
than 3 years before the date of the enactment of this
section.
``(2) TPS aliens previously removed or departed.--An alien
shall be eligible for adjustment of status if the alien was
removed or voluntarily departed from the United States on or
after September 25, 2016, if the alien--
``(A) applies from abroad;
``(B) was continuously physically present in the
United States for a period of not less than 3 years
before the date of removal or departure;
``(C) had temporary protected status on such date,
or was otherwise eligible, on such date, for temporary
protected status notwithstanding subsections
(c)(1)(A)(iv) and (c)(3)(C) of section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a); and
``(D) the sole reason for the alien's removal or
departure was--
``(i) that the alien was present in the
United States after the expiration of the
designation of that foreign state (or part
thereof) under section 244(b)(3)(B) of the
Immigration and Nationality Act (8 U.S.C.
1254a(b)(3)(B)); or
``(ii) in the case of a voluntary
departure, the alien did so on the basis of the
Secretary's determination to terminate such
designation.
``(3) DED aliens previously removed or departed.--An alien
shall be eligible for adjustment of status if the alien was
removed or voluntarily departed from the United States on or
after September 28, 2016, if the alien--
``(A) applies from abroad;
``(B) is under a grant of Deferred Enforced
Departure as of September 28, 2016;
``(C) was continuously physically present in the
United States for a period of not less than 3 years
before the date of removal or departure; and
``(D) the sole reason for the alien's removal or
departure--
``(i) was that the alien was present in the
United States after the expiration of the
deferral of enforced departure directed in the
Presidential Memorandum on Deferred Enforced
Departure for Liberians issued on September 28,
2016, or any subsequent extension of such
deferral; or
``(ii) in the case of a voluntary
departure, the alien did so on the basis of the
President's determination to terminate such
presidential memorandum or extension.
``(d) Waiver Authorized.--Notwithstanding any provision of the
Immigration and Nationality Act, an alien who fails to meet the
continuous physical presence requirement under paragraph (2) of
subsection (c) shall be considered eligible for status adjustment as
provided in this section if the Attorney General or the Secretary
determines that the removal of the alien from the United States would
result in extreme hardship to the alien, their spouse, their children,
their parents, or their domestic partner.
``(e) Effect of Application on Certain Orders.--An alien present in
the United States who has been ordered removed or has been granted
voluntary departure from the United States may, notwithstanding such
order, apply for adjustment of status under this section. Such alien
shall not be required to file a separate motion to reopen, reconsider,
or vacate the order of removal. If the Secretary approves the
application, the Secretary shall cancel the order of removal. If the
Secretary renders a final administrative decision to deny the
application, the order of removal shall be effective and enforceable to
the same extent as if the application had not been made.
``(f) Work Authorization.--The Secretary shall authorize an alien
who has applied for adjustment of status under this section to engage
in employment in the United States during the pendency of such
application and shall provide the alien with an appropriate document
signifying authorization of employment.
``(g) Adjustment of Status for Certain Family Members.--
``(1) In general.--The status of an alien shall be adjusted
by the Secretary to that of an alien lawfully admitted for
permanent residence if the alien--
``(A) is the spouse, parent, or unmarried son or
daughter of an alien whose status is adjusted under
this section;
``(B) applies for adjustment under this section
within 3 years after the date of enactment of this Act;
and
``(C) is determined to be admissible to the United
States for permanent residence.
``(2) Certain grounds for inadmissibility inapplicable.--
For purposes of determining admissibility under subsection
(g)(1)(C), the grounds for inadmissibility specified in
paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) shall
not apply.
``(h) Availability of Administrative Review.--The Secretary shall
provide to aliens applying for adjustment of status under this section
the same right to, and procedures for, administrative review as are
provided to--
``(1) applicants for adjustment of status under section
245; or
``(2) aliens subject to removal proceedings under section
240.
``(i) No Offset in Number of Visas Available.--The granting of
adjustment of status under this section shall not reduce the number of
immigrant visas authorized to be issued under any provision of the
Immigration and Nationality Act.
``(j) Treatment of Brief, Casual, and Innocent Departures and
Certain Other Absences.--An alien who has failed to maintain the 3-year
continuous physical presence requirement under subsection (c) because
of brief, casual, and innocent departures or, emergency travel, or
extenuating circumstances outside of the control of the alien, shall
not be considered to have failed to maintain continuous physical
presence in the United States.
``(k) Rule of Construction.--Nothing in this Act shall be construed
to include aliens (as a class or individual basis) from previously
designated countries that no longer have valid temporary protected
status designation under section 244(b), or aliens who no longer have a
valid deferred enforced departure status, unless such designated status
or previously deferred enforced departure expires on or after January
1, 2017.
``(l) Definitions.--In this section:
``(1) The term `domestic partner' means an adult of at
least 18 years of age in a committed relationship with the
alien applying for adjustment. A committed relationship is one
in which the employee and the domestic partner of the employee
are each other's sole domestic partner (and are not married to
or domestic partners with anyone else) and share responsibility
for a significant measure of each other's common welfare and
financial obligations. This includes, but is not limited to,
any relationship between two individuals of the same or
opposite sex that is granted legal recognition by a State or by
the District of Columbia as a marriage or analogous
relationship (including, but not limited to, a civil union).
``(2) The term `provide for its repatriated citizens' means
a country's ability to provide safety, and social safety net
services, including preventive healthcare services, and
housing.
``(3) The term `Deferred Enforced Departure' or `DED'
refers to the presidential directive issued on September 28,
2016.''.
SEC. 3. REPORTING REQUIREMENTS REGARDING FUTURE DISCONTINUED
ELIGIBILITY OF ALIENS FROM COUNTRIES CURRENTLY LISTED
UNDER TEMPORARY PROTECTED STATUS.
(a) Additional Reporting Requirements.--Section 244(b)(3) of the
Immigration and Nationality Act (8 U.S.C. 1254a(b)(3)) is amended by
adding at the end, the following:
``(D) Report on terminations.--Within 3 days after
the Attorney General's announcement, including by
notice in the Federal Register, of a country's
designation being terminated from Temporary Protected
Status, the Attorney General shall submit to the
Committee on the Judiciary of the Senate and the House
Judiciary Committee a report that includes--
``(i) an explanation of the event or events
that initially prompted a country's designation
under temporary protected status;
``(ii) the progress the country has made in
remedying the designation specified in clause
(i), including any significant challenges or
shortcomings that have not been addressed since
the initial designation; and
``(iii) an analysis, with applicable and
relevant metrics as determined by the
Secretary, of the country's ability to
repatriate its nationals, including--
``(I) the country's financial
ability to provide for its repatriated
citizens;
``(II) the country's financial
ability to address the initial
designation specified in clause (i)
without foreign assistance;
``(III) the country's gross
domestic product, gross domestic
product per capita, and an analysis of
the country's ability to be
economically self-sufficient without
foreign assistance;
``(IV) the economic and social
impact repatriation of nationals in
possession of temporary protected
status would have on the recipient
country; and
``(V) any additional metrics the
Secretary deems necessary.''.
SEC. 4. ADJUSTMENT OF RELATION OF PERIOD OF TEMPORARY PROTECTED STATUS
TO CANCELLATION OF REMOVAL.
Section 244(e) of the Immigration and Nationality Act (8 U.S.C.
1254a(e)) is amended--
(1) by striking ``With respect to an alien'' and inserting
the following:
``(1) In general.--With respect to an alien''; and
(2) by adding at the end, the following:
``(2) Waiver for certain temporary protected status
holders.--The provisions in subsection (e) shall not apply to
an alien who is eligible for adjustment of status pursuant to
section 244A of the Immigration and Nationality Act.''.
SEC. 5. ELIGIBILITY FOR NATURALIZATION.
(a) In General.--Notwithstanding sections 319(b), 328, and 329 of
the Immigration and Nationality Act (8 U.S.C. 1430(b), 1439, and 1440),
an alien whose status is adjusted under section 244A of the Immigration
and Nationality Act to that of an alien lawfully admitted for permanent
residence may apply for naturalization under chapter 2 of title III of
the Immigration and Nationality Act (8 U.S.C. 1421 et seq.) not earlier
than 5 years after such adjustment of status.
(b) Language Requirement Waiver.--Section 312(b)(2) of the
Immigration and Nationality Act (8 U.S.C. 1423(b)(2)) is amended--
(1) in subparagraph (A), by adding ``or'' at the end;
(2) in subparagraph (B), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(C) is an alien in receipt of status adjustment
under section 244A of the Immigration and Nationality
Act.''.
SEC. 6. DESIGNATION FOR PURPOSES OF GRANTING TEMPORARY PROTECTED
STATUS.
(a) Designation.--
(1) In general.--For purposes of section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a), Venezuela and
Eritrea shall be treated as if each had been designated under
subsection (b)(1)(C) of that section, subject to the provisions
of this section.
(2) Period of designation.--The initial period of the
designation referred to in paragraph (1) shall be for the 18-
month period beginning on the date of the enactment of this
Act.
(b) Aliens Eligible.--As a result of the designation made under
subsection (a), an alien who is a national of Venezuela or Eritrea is
deemed to satisfy the requirements under paragraph (1) of section
244(c) of the Immigration and Nationality Act (8 U.S.C. 1254a(c)),
subject to paragraph (3) of such section, if the alien--
(1) has been continuously physically present in the United
States since the date of the enactment of this Act;
(2) is admissible as an immigrant, except as otherwise
provided in paragraph (2)(A) of such section, and is not
ineligible for temporary protected status under paragraph
(2)(B) of such section; and
(3) registers for temporary protected status in a manner
established by the Secretary of Homeland Security.
(c) Consent To Travel Abroad.--
(1) In general.--The Secretary of Homeland Security shall
give prior consent to travel abroad, in accordance with section
244(f)(3) of the Immigration and Nationality Act (8 U.S.C.
1254a(f)(3)), to an alien who is granted temporary protected
status pursuant to the designation made under subsection (a) if
the alien establishes to the satisfaction of the Secretary of
Homeland Security that emergency and extenuating circumstances
beyond the control of the alien require the alien to depart for
a brief, temporary trip abroad.
(2) Treatment upon return.--An alien returning to the
United States in accordance with an authorization described in
paragraph (1) shall be treated as any other returning alien
provided temporary protected status under section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a).
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