I 

118TH CONGRESS 

2D SESSION H. R. 7371 

To designate Ecuador under section 244 of the Immigration and Nationality 

Act to permit nationals of Ecuador to be eligible for temporary protected 

status under such section, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2024 

Mr. ESPAILLAT (for himself, Mr. BOWMAN, Ms. NORTON, Mr. GARCI ́A of Illinois, Mr. MCGOVERN, Ms. WASSERMAN SCHULTZ, Ms. MENG, Ms. 

OMAR, Ms. LEE of California, and Ms. SCHAKOWSKY) introduced the following bill; which was referred to the Committee on the Judiciary, and 

in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To designate Ecuador under section 244 of the Immigration 

and Nationality Act to permit nationals of Ecuador to 

be eligible for temporary protected status under such 

section, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Temporary Protected 

5 Status (TPS) for Ecuador Act of 2024’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) In recent years, the nation of Ecuador, 

4 which was once viewed as one of South America’s 

5 model nations for security and political stability, has 

6 been gripped by an unprecedented wave of violence 

7 due to the country’s infiltration by organized crime 

8 and drug-trafficking gangs. 

9 (2) Between 2017 and 2023, the homicide rate 

10 in Ecuador increased by 800%, rising from five 

11 homicides per 100,000 inhabitants in 2017 to 45 

12 homicides per 100,000 inhabitants in 2023, depict13 ing Ecuador’s recent and rapid descent into a full14 blown humanitarian crisis and spurring mass migra15 tion from the once-peaceful nation. 

16 (3) Since 2021, the Government of Ecuador has 

17 declared multiple states of emergency due to wave 

18 upon wave of gang-initiated violence that has re19 sulted in brutal homicides, routine extortion, regular 

20 prison riots, and multiple attacks on civil society. 

21 (4) In August 2023, Ecuador’s anti-gang presi22 dential candidate, Fernando Villavicencio, was assas23 sinated, allegedly by gang members. 

24 (5) Emboldened in the months that followed 

25 Villavicencio’s assassination, Ecuador’s criminal 

26 gangs were responsible for a new wave of violent 


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1 deaths in late 2023 that caused Ecuador’s violent 

2 death rate in 2023 to nearly double over 2022’s al3 ready-elevated levels. 

4 (6) The month of January 2024 oversaw the 

5 worst spate of gang-instigated violence in Ecuador 

6 in recent memory, highlighted by additional gang-led 

7 prison riots and bombs exploding in several cities. 

8 (7) On January 8, 2024, following the reported 

9 escape from prison of gang leader Jose ́ Adolfo 

10 ‘‘Fito’’ Macı ́as, Ecuadorian President Daniel Noba 

11 declared a 60-day national state of emergency which 

12 declared the country of Ecuador to be engaged in an 

13 ‘‘internal armed conflict,’’ imposed a nationwide cur14 few for citizens, and authorized members of the Ec15 uadorian military to patrol the streets and arrest 

16 suspected gang members. 

17 (8) On January 9, 2024, gang members con18 ducted an armed assault of a television news broad19 cast in Guayaquil, Ecuador, with multiple armed 

20 men in masks hijacking a live broadcast, firing sev21 eral rounds of ammunition live on air, and injuring 

22 multiple television station employees. 

23 (9) On January 17, 2024, also in Guayaquil, 

24 Ecuador, Cesar Suarez, a criminal prosecutor who 

25 was actively investigating organized crime in EcuaVerDate Sep 11 2014 02:13 Feb 22, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7371.IH H7371

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•HR 7371 IH

1 dor, was shot dead in his car during his morning 

2 commute. 

3 (10) In recent years and in early 2024, Ecua4 dor’s humanitarian crisis catalyzed the mass migra5 tion to the United States of ordinary Ecuadorian 

6 citizens fleeing unspeakable violence and instability 

7 in their home country. 

8 (11) On January 25, 2024, Ecuadorian Foreign 

9 Minister Gabriela Sommerfield actively called on the 

10 United States to grant temporary protected status 

11 for Ecuadorian citizens. 

12 (12) Based on recent migration statistics com13 piled from the American Community Survey, demog14 raphers estimate that as many as 300,000 Ecua15 dorians currently residing in the U.S. could benefit 

16 from a designation of temporary protected status, 

17 providing them with life-saving protection from de18 portation and allowing them access to work author19 ization in the United States to support themselves 

20 and their families. 

21 (13) The crisis facing Ecuador amounts to ex22 traordinary and temporary conditions that prevent 

23 Ecuadorian nationals from safely returning to Ecua24 dor, thus meriting a temporary protected status des25 ignation for no less than 18 months in duration. 


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1 SEC. 3. DESIGNATION FOR PURPOSES OF GRANTING TEM2 PORARY PROTECTED STATUS. 

3 (a) DESIGNATION.— 

4 (1) IN GENERAL.—For purposes of section 244 

5 of the Immigration and Nationality Act (8 U.S.C. 

6 1254a), Ecuador shall be treated as if such country 

7 had been designated under subsection (b)(1)(C) of 

8 that section, subject to the provisions of this section. 

9 (2) MANDATORY PERIOD OF DESIGNATION.— 

10 The initial period of the designation referred to in 

11 paragraph (1) shall be for no less than the 18-month 

12 period beginning on the date of the enactment of 

13 this Act, with subsequent renewals of temporary pro14 tected status thereafter being subject to the discre15 tion of the Secretary of Homeland Security. 

16 (b) ALIENS ELIGIBLE.—As a result of the designa17 tion made under subsection (a), an alien who is a national 

18 of Ecuador is deemed to satisfy the requirements under 

19 paragraph (1) of section 244(c) of the Immigration and 

20 Nationality Act (8 U.S.C. 1254a(c)), subject to paragraph 

21 (3) of such section, if the alien— 

22 (1) has been continuously physically present in 

23 the United States since the date of the enactment of 

24 this Act; 

25 (2) is admissible as an immigrant, except as 

26 otherwise provided in paragraph (2)(A) of such secVerDate Sep 11 2014 02:13 Feb 22, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7371.IH H7371

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1 tion, and is not ineligible for temporary protected 

2 status under paragraph (2)(B) of such section; and 

3 (3) registers for temporary protected status in 

4 a manner established by the Secretary of Homeland 

5 Security. 

6 (c) CONSENT TO TRAVEL ABROAD.— 

7 (1) IN GENERAL.—The Secretary of Homeland 

8 Security shall give prior consent to travel abroad, in 

9 accordance with section 244(f)(3) of the Immigra10 tion and Nationality Act (8 U.S.C. 1254a(f)(3)), to 

11 an alien who is granted temporary protected status 

12 pursuant to the designation made under subsection 

13 (a) if the alien establishes to the satisfaction of the 

14 Secretary of Homeland Security that emergency and 

15 extenuating circumstances beyond the control of the 

16 alien require the alien to depart for a brief, tem17 porary trip abroad. 

18 (2) TREATMENT UPON RETURN.—An alien re19 turning to the United States in accordance with an 

20 authorization described in paragraph (1) shall be 

21 treated as any other returning alien provided tem22 porary protected status under section 244 of the Im23 migration and Nationality Act (8 U.S.C. 1254a). 


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1 SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. 

2 The budgetary effects of this Act, for the purpose of 

3 complying with the Statutory Pay-As-You-Go Act of 2010, 

4 shall be determined by reference to the latest statement 

5 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

6 Act, submitted for printing in the Congressional Record 

7 by the Chairman of the House Budget Committee, pro8 vided that such statement has been submitted prior to the 

9 vote on passage. 

Æ 


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