TPS Reform Act of 2016

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``TPS Reform Act of 2016''.

SEC. 2. TEMPORARY PROTECTED STATUS.

    (a) Power To Designate a Foreign State.--Section 244(b) of the 
Immigration and Nationality Act (8 U.S.C. 1254a(b)) is amended--
            (1) by striking paragraphs (1), (2), and (3) and inserting 
        the following:
            ``(1) Initial designation.--For purposes of this section, a 
        foreign state shall be designated upon the enactment of an Act 
        that satisfies the following requirements:
                    ``(A) The Act shall contain a finding--
                            ``(i) that there is an ongoing armed 
                        conflict within the state and, due to such 
                        conflict, requiring the return of aliens who 
                        are nationals of that state (or to the part of 
                        the state) would pose a serious threat to their 
                        personal safety;
                            ``(ii) that--
                                    ``(I) there has been an earthquake, 
                                flood, drought, epidemic, or other 
                                immediately life-threatening 
                                environmental disaster in the state 
                                resulting in a substantial, but 
                                temporary, disruption of living 
                                conditions in the area affected;
                                    ``(II) the foreign state is unable, 
                                temporarily, to handle adequately the 
                                return to the state of aliens who are 
                                nationals of the state; and
                                    ``(III) the foreign state 
                                officially has requested designation 
                                under this subparagraph; or
                            ``(iii) that there exist extraordinary and 
                        temporary conditions in the foreign state that 
                        prevent aliens who are nationals of the state 
                        from returning to the state in safety and that 
                        permitting the aliens to remain temporarily in 
                        the United States is not contrary to the 
                        national interest of the United States.
                    ``(B) The Act shall include--
                            ``(i) an estimate of the number of 
                        nationals of the foreign state who are (or 
                        within the effective period of the designation 
                        are likely to become) eligible for temporary 
                        protected status under this section;
                            ``(ii) such nationals' immigration status 
                        in the United States; and
                            ``(iii) a time period for the effectiveness 
                        of the designation that is not greater than 18 
                        months.
            ``(2) Termination.--
                    ``(A) Timely termination.--If an initial 
                designation of a foreign state is not extended under 
                paragraph (3), the initial designation shall terminate 
                at the end of the time period described in paragraph 
                (1)(B)(iii).
                    ``(B) Early termination.--For purposes of this 
                section, the designation of a foreign state shall be 
                terminated upon the enactment of an Act that contains a 
                finding that the foreign state (or part of such foreign 
                state) no longer meets the conditions for designation 
                under paragraph (1)(A).
            ``(3) Extension.--For purposes of this section, the time 
        period for the effectiveness of the designation of a foreign 
        state shall be extended upon the enactment of an Act that 
        includes--
                    ``(A) a finding that the conditions for designation 
                under paragraph (1)(A) continue to be met; and
                    ``(B) a time period for the effectiveness of the 
                extension that is not greater than 12 months.''; and
            (2) in paragraph (5)(A), by striking ``of the Attorney 
        General'' and inserting ``made in any Act''.
    (b) Aliens Lacking Lawful Immigration Status.--Section 244(c)(2)(B) 
of the Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)) is 
amended--
            (1) in clause (i), by striking ``, or'' at the end and 
        inserting a semicolon;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                            ``(iii) the alien lacks a lawful 
                        immigration status.''.
    (c) Conforming Amendments.--Section 244 of the Immigration and 
Nationality Act (8 U.S.C. 1254a et seq.) is amended--
            (1) in subsection (d)(3), by striking ``If the Attorney 
        General terminates the designation of a foreign state (or part 
        of such foreign state) under subsection (b)(3)(B)'' and 
        inserting ``If the designation of a foreign state (or part of 
        such foreign state) is terminated under section 244(b)(2)''; 
        and
            (2) in subsection (i)(1)--
                    (A) in subparagraph (A), by striking the comma at 
                the end and adding ``; and'';
                    (B) in subparagraph (B), by striking ``, and'' at 
                the end and inserting a period; and
                    (C) by striking subparagraph (C).
    (d) Technical Corrections.--Section 244 of the Immigration and 
Nationality Act (8 U.S.C. 1254a), as amended by subsections (a) and (b) 
of this Act, is further amended by striking ``Attorney General'' each 
place it appears and inserting ``Secretary of Homeland Security''.

Summary: TPS Reform Act of 2016 This bill amends the Immigration and Nationality Act to revise the criteria for designation of a foreign state as eligible to have its citizens be given temporary protected status (TPS) in the United States. Such revisions include the following: (1) such a foreign state shall be designated by an Act of Congress rather than by the Department of Justice. (2) such Act must find that an environmental disaster in such a foreign state is immediately life-threatening. (3) such Act may provide for early termination of a foreign state's designation. (4) such Act shall include an estimate of the number of a foreign state's nationals who are TPS eligible, their US immigration status, and a time period for the effectiveness of the designation of not more than 18 months. And (5) an alien lacking lawful immigration status shall be ineligible for TPS.