[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 207 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 207
To modify the procedures for designating foreign states under section
244 of the Immigration and Nationality Act and granting temporary
protected status to nationals of such foreign states.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 1, 2023
Mr. Lankford introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To modify the procedures for designating foreign states under section
244 of the Immigration and Nationality Act and granting temporary
protected status to nationals of such foreign states.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Temporary
Protected Status Reform and Integrity Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Designation of a foreign state for temporary protected status.
Sec. 3. Travel abroad by a registrant with temporary protected status.
Sec. 4. Procedures upon termination of a temporary protected status
designation.
Sec. 5. Clarification of temporary protected status.
Sec. 6. Filing of requests for temporary protected status.
Sec. 7. Technical amendments.
Sec. 8. Severability.
Sec. 9. Effective date.
SEC. 2. DESIGNATION OF A FOREIGN STATE FOR TEMPORARY PROTECTED STATUS.
(a) In General.--Section 244(b) of the Immigration and Nationality
Act (8 U.S.C. 1254a(b)) is amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security'';
(2) in paragraph (1), in the undesignated matter following
subparagraph (C), by inserting ``the Secretary of Homeland
Security, not later than 30 days before such effective date,
submits a report to Congress that contains all of the matters
described in paragraph (3)(C)(ii) with respect to such
designation and'' after ``unless''; and
(3) in paragraph (3)--
(A) by amending subparagraph (A) to read as
follows:
``(A) Reviews.--
``(i) Initial review.--Not later than 90
days before the end of the initial period of
designation of a foreign state (or part of a
foreign state) under this subsection, the
Secretary of Homeland Security, after
consultation with the appropriate Federal
agencies--
``(I) shall review the conditions
in the foreign state (or part of the
foreign state) for which such
designation is in effect; and
``(II) may extend such designation
for a period not to exceed 18 months if
the Secretary--
``(aa) determines that the
conditions for such designation
continue to be met; and
``(bb) submits the
information described in
subparagraph (C)(ii) to
Congress.
``(ii) Periodic reviews.--Not later than 90
days before the end of any extended period of
designation beyond the first designation of a
foreign state (or part of a foreign state)
under this subsection, the Secretary of
Homeland Security, after consultation with the
appropriate Federal agencies--
``(I) shall review the conditions
in the foreign state (or part of the
foreign state) for which such
designation is in effect; and
``(II) may make a determination as
to whether the conditions for such
designation continue to be met.'';
(B) in subparagraph (B)--
(i) by striking ``If the Attorney General''
and inserting the following:
``(i) Automatic termination.--A designation
shall terminate on the date on which such
designation, or the most recent extension of
such designation, is scheduled to expire if--
``(I) the Secretary of Homeland
Security does not make a determination
under clause (i)(II) or (ii)(II) of
subparagraph (A) that the conditions
for such designation continue to be
met; or
``(II)(aa) the Secretary of
Homeland Security submits a
recommendation to extend such
designation pursuant to subparagraph
(C)(i); and
``(bb) such extension is not
expressly authorized by an Act of
Congress that is enacted not later than
90 days after the date on which such
recommendation is submitted.
``(ii) Effect of determination.--If the
Secretary of Homeland Security''; and
(ii) by striking ``the Attorney General''
and inserting ``the Secretary''; and
(C) by striking subparagraph (C) and inserting the
following:
``(C) Recommendation to congress on extensions of
designation.--
``(i) Recommendation.--If the Secretary of
Homeland Security determines, pursuant to
subparagraph (A)(ii), that a foreign state (or
part of a foreign state) continues to meet the
conditions for designation under paragraph (1)
and that such designation should receive a
second or subsequent extension, the Secretary
shall submit a recommendation to Congress to
extend, by an Act of Congress, the period of
designation of the foreign state (or part of
the foreign state) for a period not to exceed
18 months.
``(ii) Matters to be included.--A
recommendation under clause (i) shall include--
``(I) a justification for the
extension, including a description of--
``(aa) the humanitarian
concern in the foreign state
(or part of a foreign state);
or
``(bb) the reason for which
the extension is otherwise in
the national interest of the
United States; and
``(II) a report to the appropriate
congressional committees that
includes--
``(aa) a summary of the
country conditions information
assessed by the Secretary of
Homeland Security and the
appropriate Federal agencies
that with which the Secretary
has consulted;
``(bb) copies of all
sources from which the country
conditions information
described in item (aa)
originated;
``(cc) an unredacted copy
of the signed decision memo to
designate or extend temporary
protected status for the
foreign state (or part of a
foreign state);
``(dd) a justification for
why the entire foreign state
(rather than a part of the
foreign state) merits such
designation, if applicable;
``(ee) the analysis used to
reach the decision described in
item (dd);
``(ff) any local or
regional variations in the
country conditions which differ
from the prior designation or
requested redesignation; and
``(gg) the estimated or
actual population of aliens
from the foreign state (or part
of such foreign state) residing
in the United States--
``(AA) who have
valid nonimmigrant
status;
``(BB) who have
been granted a
discretionary reprieve
from removal;
``(CC) who have
overstayed any type of
lawful status in the
United States;
``(DD) who have
never held lawful
status in the United
States;
``(EE) who have any
sort of criminal
record, with a
description of the
nature of such criminal
record;
``(FF) who have
traveled abroad during
the period of
designation, with the
prior approval of the
Secretary of Homeland
Security;
``(GG) who have
traveled abroad during
the period of
designation without the
prior approval from the
Secretary of Homeland
Security;
``(HH) whose
temporary protected
status has been
terminated for any
reason; or
``(II) who have
previously been ordered
removed from the United
States.
``(iii) Consultation.--
``(I) In general.--Not later than
30 days after submitting a
recommendation described in clause (i)
to Congress, the Secretary of Homeland
Security shall provide a briefing to
the appropriate congressional
committees.
``(II) Consultation described.--
Each consultation required under
subclause (I) shall involve an in-
person appearance by a designated
cabinet-level representative of the
President with members of the
appropriate congressional committees to
review the justification extending a
designation under this subparagraph,
including a discussion of the elements
described in clause (ii).
``(D) Prohibition against new designations.--
``(i) In general.--Subject to clauses (ii)
and (iii), the Secretary of Homeland Security
may not designate a foreign state (or part of a
foreign state) for which a designation has
terminated pursuant to subparagraph (B)(i)
during the 18-month period beginning on the
date of such termination.
``(ii) Applicability.--Clause (i) shall not
apply to a designation that is expressly
authorized by an Act of Congress.
``(iii) Same or similar designation.--The
Secretary of Homeland Security may not
redesignate a foreign state (or part of a
foreign state) for which a designation has
terminated pursuant to subparagraph (B)(i)
based on the same or a similar criteria, event,
or justification.
``(E) Clarification regarding eligibility for
temporary protected status.--
``(i) Treatment of prior status.--Any alien
who has been admitted and held valid
nonimmigrant status shall not be considered
eligible for temporary protected status under
this subsection unless such status is
terminated not later than 180 days before the
termination of a designation or an extension of
a designation of temporary protected status.
``(ii) Treatment of criminal convictions.--
Any alien who has been convicted of 2 or more
misdemeanors or 1 or more felonies is not
eligible for temporary protected status under
this section.
``(iii) Unlawful entry or visa overstay
eligibility.--Any alien who has entered the
United States without inspection, has
overstayed the period for which the alien has
been lawfully admitted, has been issued a final
order of removal, or otherwise is not lawfully
present in the United States is not eligible
for temporary protected status under this
section.
``(iv) Prohibition on approval of requests
for aliens who entered the united states after
the date of designation.--
``(I) Late arrivals.--
Notwithstanding any other provision of
law, an alien who enters the United
States after the date on which the
Secretary designates a foreign state
(or part of a foreign state) pursuant
to paragraph (1) shall be considered
ineligible to register for temporary
protected status under this section.
``(II) Continuation of
ineligibility.--Any alien who is
determined to be ineligible for
temporary protected status under this
section is not eligible to receive such
status during any extension of a
designation of the foreign state (or
part of a foreign state) of which such
alien is a national.
``(III) Continuous presence
requirement.--Any alien who failed to
meet the continuous presence
requirement as of the date on which the
Secretary of Homeland Security
designated the foreign state (or the
part of a foreign state) of which the
alien is national is not eligible to
register for temporary protected status
under this section. The date of the
Secretary of Homeland Security's
designation shall be deemed to be the
date on which the Secretary announces
such decision, rather than the date on
which such decision was published in
the Federal Register.''.
(b) Conforming Amendment.--Section 244(a) of the Immigration and
Nationality Act (8 U.S.C. 1254a(a)) is amended by striking paragraph
(5).
SEC. 3. TRAVEL ABROAD BY A REGISTRANT WITH TEMPORARY PROTECTED STATUS.
(a) In General.--Section 244(c) of the Immigration and Nationality
Act (8 U.S.C. 1254a(c)) is amended--
(1) in paragraph (3)(B), by striking ``except as'' and all
that follows through ``permitted in subsection (f)(3),''; and
(2) by amending paragraph (4) to read as follows:
``(4) Prohibition of travel abroad by a registrant with
temporary protected status.--
``(A) Effect of failure to maintain continuous
residence.--Except as provided in subparagraph (B), any
alien who fails to maintain continuous residence for
the duration of his or her temporary protected status
in accordance with paragraph (1)(A)(i) shall have such
status withdrawn immediately upon departure from the
United States.
``(B) Exception for preapproved absences.--
``(i) In general.--An alien shall not be
considered to have failed to maintain
continuous residence in the United States under
paragraph (1)(A)(ii) due to a brief absence
from the United States that was approved by the
Secretary of Homeland Security in advance.
``(ii) Effect on eligibility for parole.--
Any alien who receives prior approval from the
Secretary of Homeland Security for a brief
absence from the United States is ineligible
for parole under section 212(d)(5) upon
returning to the United States.
``(C) Effect of return to country of nationality.--
Any alien who receives prior approval from the
Secretary of Homeland Security for a brief absence from
the United States--
``(i) shall have his or her temporary
protected status withdrawn upon entering any
country which is designated under subsection
(b); and
``(ii) does not have a right to
reinstatement or appeal of such withdrawal upon
termination of temporary protected status under
clause (i).''.
(b) Disqualification of Approved Travel Documents Qualifying
Temporary Protected Status Registrant for Adjustment of Status.--
Section 304(c)(1) of the Miscellaneous and Technical Immigration and
Naturalization Amendments of 1991 (8 U.S.C. 1254a note) is amended to
read as follows:
``(1) Notwithstanding any other provision of law, an alien
described in paragraph (2) who has been authorized by the Secretary of
Homeland Security to travel abroad temporarily and who returns to the
United States in accordance with such authorization is not eligible for
adjustment of status under section 245(a) of the Immigration and
Nationality Act (8 U.S.C. 1255(a)).''.
SEC. 4. PROCEDURES UPON TERMINATION OF A TEMPORARY PROTECTED STATUS
DESIGNATION.
Section 244 of the Immigration and Nationality Act, as amended by
sections 2 and 3, is further amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively;
(B) by inserting after paragraph (3) the following:
``(4) Departure timeline.--If a designation of a foreign
state (or part of a foreign state) is terminated pursuant to
paragraph (3)(B)--
``(A) the Secretary of Homeland Security shall
permit aliens granted temporary protected status as a
result of such designation to remain in the United
States for 180 days after the termination of such
designation;
``(B) aliens who received employment authorization
pursuant to such designation may not have such
employment authorization extended beyond the earlier
of--
``(i) the last day of the 180-day period
described in subparagraph (A); and
``(ii) the date on which such employment
authorization was previously scheduled to
terminate;
``(C) aliens may not be shielded from removal to
the country of designation upon conclusion of the 180-
day period described in subparagraph (A); and
``(D) any alien who has not departed or obtained
another lawful status within 180 days after the
termination date described in subparagraph (A) shall be
considered an enforcement priority by the Department of
Homeland Security.''; and
(C) in paragraph (6), as redesignated, by amending
subparagraph (A) to read as follows:
``(A) Judicial review.--There shall be no judicial
review of any determination of the Secretary of
Homeland Security with respect to the designation, the
termination or extension of a designation, or any
collateral matters relating to the designation,
termination, or extension of a foreign state (or part
of a foreign state) under this subsection.''; and
(2) in subsection (d), by amending paragraph (3) to read as
follows:
``(3) Effective date of termination.--
``(A) In general.--Upon the termination of a
designation pursuant to subsection (b)(3)(B), any alien
granted temporary protected status as a result of such
designation shall have 180 days to depart the United
States. All benefits received by the alien as a result
of such status shall be terminated not later than the
last day of such 180-day period.
``(B) No new benefits approved.--The Secretary of
Homeland Security may not grant any new benefits to
aliens based on the designation of a foreign state (or
part of a foreign state) under subsection (b) on or
after the date on which such designation is
terminated.''.
SEC. 5. CLARIFICATION OF TEMPORARY PROTECTED STATUS.
Section 244 of the Immigration and Nationality Act (8 U.S.C.
1254a), as amended by sections 2, 3, and 4, is further amended--
(1) in subsection (c), by amending paragraph (2) to read as
follows:
``(2) Eligibility standards and relation of temporary
protected status to other immigration benefits.--
``(A) Changing or adjusting status.--Any alien who
registers under paragraph (1)(A)(iv) is ineligible,
during the validity period of his or her temporary
protected status registration--
``(i) to adjust his or her status under
section 245; or
``(ii) to change his or her nonimmigrant
classification under section 248.
``(B) Waiver of grounds of inadmissibility.--The
Secretary of Homeland Security may not waive any
provision under section 212(a) when considering an
alien's eligibility for temporary protected status. If
an alien who is in temporary protected status on the
date of the enactment of the Temporary Protected Status
Reform and Integrity Act received a permanent waiver of
any such provision before such date of enactment, such
waiver shall remain in effect after such date of
enactment.
``(C) Separate registration.--Notwithstanding any
other provision of law, an alien's registration for
temporary protected status is separate and distinct
from the conditions regarding inspection and admission
described in any other section of this chapter''; and
(2) in subsection (f)--
(A) in the subsection heading, by striking
``Benefits and'';
(B) by striking ``section--'' and all that follows
through ``(2)'' and inserting ``section,''; and
(C) by striking paragraphs (3) and (4).
SEC. 6. FILING OF REQUESTS FOR TEMPORARY PROTECTED STATUS.
Section 244 of the Immigration and Nationality Act, as amended by
sections 2, 3, 4, and 5, is further amended--
(1) in subsection (c)(1)(B)--
(A) by striking ``The amount of any such fee shall
not exceed $50.''; and
(B) by striking ``fee for providing'' and inserting
``fees for biometrics (including fingerprinting), re-
registration, and providing'';
(2) by redesignating subsection (i) as subsection (j); and
(3) by inserting after subsection (h) the following:
``(i) Filing and Processing of Requests for Temporary Protected
Status.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the Temporary Protected Status Reform and
Integrity Act, the Secretary of Homeland Security shall require
all applications or requests for benefits related to a
designation under subsection (b) to be filed and processed
electronically.
``(2) Timely filing required.--No application or request
for a benefit related to a designation under subsection (b)
shall be considered properly filed and adjudicated if such
application or request was filed not later than 90 days after
the date on which the notice of such designation was published
in the Federal Register.
``(3) Prohibition on fee waivers.--Notwithstanding any
other provision of law, no alien who applies for or requests
temporary protected status shall be eligible for a waiver of
the fee required under subsection (c)(1)(B).''.
SEC. 7. TECHNICAL AMENDMENTS.
Section 244 of the Immigration and Nationality Act, as amended by
this Act, is further amended by striking ``Attorney General'' each
place such term appears and inserting ``Secretary of Homeland
Security''.
SEC. 8. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of such provision to any person or circumstance, is
held to be unconstitutional, the remainder of this Act, the amendments
made by this Act, and the application of the remaining provisions of
this Act, to any person or circumstance, shall not be affected.
SEC. 9. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date that is 180 days after the date of the enactment of this Act.
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