Extending Status Protection for Eligible Refugees with Established Residency Act of 2017

Summary: Extending Status Protection for Eligible Refugees with Established Residency Act of 2017 or the ESPERER Act of 2017 This bill permits a qualifying national of Haiti, Nicaragua, El Salvador, or Honduras who is in temporary protected status (TPS) to apply for adjustment to lawful permanent resident status before January 1, 2021. TPS designation permits eligible nationals of designated countries affected by armed conflict or natural disasters to temporarily reside and work in the United States. The spouse, child, or unmarried son or daughter of an alien who has adjusted to lawful permanent resident status may also adjust to such status subject to certain conditions.  An alien subject to a final order of removal may seek a stay of such order based on the filing of an application for status adjustment. 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Extending Status Protection for 
Eligible Refugees with Established Residency Act of 2017'' or as the 
``ESPERER Act of 2017''.

SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN FOREIGN NATIONALS.

    (a) Adjustment of Status.--
            (1) In general.--Notwithstanding section 245(c) of the 
        Immigration and Nationality Act (8 U.S.C. 1255(c)), the status 
        of any alien described in subsection (b) shall be adjusted by 
        the Secretary of Homeland Security to that of an alien lawfully 
        admitted for permanent residence, if the alien--
                    (A) applies for such adjustment before January 1, 
                2021;
                    (B) is not inadmissible under paragraph (1), (2), 
                (3), (4), (6)(E), (6)(G), (8), (10)(A), (10)(C), or 
                (10)(D) of section 212(a) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(a));
                    (C) is not deportable under paragraph (1)(E), 
                (1)(G), (2), (4), (5), or (6) of section 237(a) of such 
                Act (8 U.S.C. 1227(a));
                    (D) has not ordered, incited, assisted, or 
                otherwise participated in the persecution of any person 
                on account of race, religion, nationality, membership 
                in a particular social group, or political opinion; and
                    (E) has not been convicted of--
                            (i) any offense under Federal or State law 
                        punishable by a maximum term of imprisonment of 
                        more than 1 year; or
                            (ii) three or more offenses under Federal 
                        or State law, for which the alien was convicted 
                        on different dates for each of the 3 offenses 
                        and sentenced to imprisonment for an aggregate 
                        of 90 days or more.
            (2) Relationship of application to certain orders.--An 
        alien present in the United States who has been ordered 
        removed, or ordered to depart voluntarily, from the United 
        States under any provision of the Immigration and Nationality 
        Act may, notwithstanding such order, apply for adjustment of 
        status under paragraph (1). Such an alien may not be required, 
        as a condition on submitting or granting such application, to 
        file a motion to reopen, reconsider, or vacate such order. If 
        the Secretary of Homeland Security grants the application, the 
        Secretary of Homeland Security shall cancel the order. If the 
        Secretary of Homeland Security renders a final administrative 
        decision to deny the application, the order shall be effective 
        and enforceable to the same extent as if the application had 
        not been made.
    (b) Aliens Eligible for Adjustment of Status.--The benefits 
provided by subsection (a) shall apply to any alien--
            (1) who is a national of Haiti, Nicaragua, El Salvador, or 
        Honduras;
            (2) who is in temporary protected status under section 244 
        of the Immigration and Nationality Act (8 U.S.C. 1254a)--
                    (A) on January 13, 2011; and
                    (B) on the date of the application for adjustment 
                of status under this Act is filed;
            (3) who was physically present in the United States on 
        January 12, 2011; and
            (4) who has been physically present in the United States 
        for at least 1 year and is physically present in the United 
        States on the date the application for adjustment of status 
        under this Act is filed, except an alien shall not be 
        considered to have failed to maintain continuous physical 
        presence by reason of an absence, or absences, from the United 
        States for any periods in the aggregate not exceeding 180 days.
    (c) Stay of Removal.--
            (1) In general.--The Secretary of Homeland Security shall 
        provide by regulation for an alien subject to a final order of 
        removal to seek a stay of such order based on the filing of an 
        application under subsection (a).
            (2) During certain proceedings.--Notwithstanding any 
        provision of the Immigration and Nationality Act (8 U.S.C. 1101 
        et seq.), the Secretary of Homeland Security shall not order 
        any alien to be removed from the United States, if the alien is 
        in removal proceedings under any provision of such Act and 
        raises as a defense to such an order the eligibility of the 
        alien to apply for adjustment of status under subsection (a), 
        except where the Secretary of Homeland Security has rendered a 
        final administrative determination to deny the application.
            (3) Work authorization.--The Secretary of Homeland Security 
        may authorize an alien who has applied for adjustment of status 
        under subsection (a) to engage in employment in the United 
        States during the pendency of such application and may provide 
        the alien with a ``work authorized'' endorsement or other 
        appropriate document signifying authorization of employment, 
        except that if such application is pending for a period 
        exceeding 180 days, and has not been denied, the Secretary of 
        Homeland Security shall authorize such employment.
    (d) Adjustment of Status for Spouses and Children.--
            (1) In general.--Notwithstanding section 245(c) of the 
        Immigration and Nationality Act (8 U.S.C. 1255(c)), the status 
        of an alien shall be adjusted by the Secretary of Homeland 
        Security to that of an alien lawfully admitted for permanent 
        residence, if--
                    (A) the alien is the spouse, child, or unmarried 
                son or daughter, of an alien whose status is adjusted 
                to that of an alien lawfully admitted for permanent 
                residence under subsection (a), except that in the case 
                of such an unmarried son or daughter, the son or 
                daughter shall be required to establish that they have 
                been physically present in the United States for at 
                least 1 year;
                    (B) the alien applies for such adjustment and is 
                physically present in the United States on the date the 
                application is filed; and
                    (C) the alien is otherwise eligible to receive an 
                immigrant visa and is otherwise admissible to the 
                United States for permanent residence, except in 
                determining such admissibility the grounds for 
                exclusion specified in paragraphs (4), (5), (6)(A), and 
                (7)(A) of section 212(a) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(a)) shall not apply.
            (2) Proof of continuous presence.--For purposes of 
        establishing the period of continuous physical presence 
        referred to in paragraph (1)(B), an alien shall not be 
        considered to have failed to maintain continuous physical 
        presence by reason of an absence, or absences, from the United 
        States for any periods in the aggregate not exceeding 180 days.
    (e) Availability of Administrative Review.--The Secretary of 
Homeland Security shall provide to applicants for adjustment of status 
under subsection (a) the same right to, and procedures for, 
administrative review as are provided to--
            (1) applicants for adjustment of status under section 245 
        of the Immigration and Nationality Act (8 U.S.C. 1255); or
            (2) aliens subject to removal proceedings under section 240 
        of such Act (8 U.S.C. 1229a).
    (f) Limitation on Judicial Review.--A determination by the 
Secretary of Homeland Security as to whether the status of any alien 
should be adjusted under this Act is final and shall not be subject to 
review by any court.
    (g) No Offset in Number of Visas Available.--When an alien is 
granted the status of having been lawfully admitted for permanent 
residence pursuant to this Act, the Secretary of State shall not reduce 
the number of immigrant visas authorized to be issued under any 
provision of the Immigration and Nationality Act.
    (h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this section, the 
definitions contained in the Immigration and Nationality Act shall 
apply in the administration of this Act. Nothing contained in this Act 
shall be held to repeal, amend, alter, modify, effect, or restrict the 
powers, duties, functions, or authority of the Secretary of Homeland 
Security in the administration and enforcement of such Act or any other 
law relating to immigration, nationality, or naturalization. The fact 
that an alien may be eligible to be granted the status of having been 
lawfully admitted for permanent residence under this section shall not 
preclude the alien from seeking such status under any other provision 
of law for which the alien may be eligible.