I 

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. 

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 ‘‘TPS and DED Protec5 tion Act of 2021’’. 


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1 SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NON-IMMI2 GRANT NATIONALS GRANTED TEMPORARY 

3 PROTECTED STATUS OR DEFERRED EN4 FORCED DEPARTURE. 

5 Title II of the Immigration and Nationality Act (8 

6 U.S.C. 1101 et seq.) is amended by inserting after section 

7 244 the following (and amending the table of contents ac8 cordingly): 

9 ‘‘SEC. 244A. ADJUSTMENT OF STATUS FOR CERTAIN NA10 TIONALS IN RECEIPT OF TEMPORARY PRO11 TECTED STATUS OR DEFERRED ENFORCED 

12 DEPARTURE. 

13 ‘‘(a) IN GENERAL.—The status of any alien described 

14 in subsection (c) shall be adjusted by the Secretary of 

15 Homeland Security to that of an alien lawfully admitted 

16 for permanent residence, if the alien— 

17 ‘‘(1) applies for such adjustment within 3 years 

18 after the date of enactment of this section; 

19 ‘‘(2) is determined to be admissible to the 

20 United States for permanent residence; and 

21 ‘‘(3) meets the criteria established under sub22 section (c). 

23 ‘‘(b) CERTAIN GROUNDS FOR INADMISSIBILITY INAP24 PLICABLE.— 

25 ‘‘(1) IN GENERAL.—For purposes of deter26 mining admissibility under subsection (a)(2), the 


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1 grounds for inadmissibility specified in paragraphs 

2 (4), (5), (6)(A), and (7)(A) of section 212(a) of the 

3 Immigration and Nationality Act shall not apply. 

4 ‘‘(2) ADDITIONAL WAIVER FOR INDIVIDUAL

5 ALIENS.—The Secretary may waive any other provi6 sion of section 212(a) in the case of an individual 

7 alien for humanitarian purposes, to assure family 

8 unity, or when it is otherwise in the public interest. 

9 ‘‘(c) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA10 TUS.— 

11 ‘‘(1) IN GENERAL.—An alien shall be eligible 

12 for adjustment of status if— 

13 ‘‘(A) the alien is a national of a country 

14 (or part of a country) with a designation under 

15 244(b) of the Immigration and Nationality Act 

16 during the period specified in section 244(b)(2) 

17 and who was granted temporary protected sta18 tus, or was otherwise eligible for temporary pro19 tected status, on or before October 1, 2017, or 

20 has been granted Deferred Enforced Departure 

21 (hereinafter in this section referred to as 

22 ‘DED’) on or before October 1, 2017; and 

23 ‘‘(B) the alien has been continuously phys24 ically present in the United States for a period 


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1 of not less than 3 years before the date of the 

2 enactment of this section. 

3 ‘‘(2) TPS ALIENS PREVIOUSLY REMOVED OR

4 DEPARTED.—An alien shall be eligible for adjust5 ment of status if the alien was removed or volun6 tarily departed from the United States on or after 

7 September 25, 2016, if the alien— 

8 ‘‘(A) applies from abroad; 

9 ‘‘(B) was continuously physically present 

10 in the United States for a period of not less 

11 than 3 years before the date of removal or de12 parture; 

13 ‘‘(C) had temporary protected status on 

14 such date, or was otherwise eligible, on such 

15 date, for temporary protected status notwith16 standing subsections (c)(1)(A)(iv) and (c)(3)(C) 

17 of section 244 of the Immigration and Nation18 ality Act (8 U.S.C. 1254a); and 

19 ‘‘(D) the sole reason for the alien’s re20 moval or departure was— 

21 ‘‘(i) that the alien was present in the 

22 United States after the expiration of the 

23 designation of that foreign state (or part 

24 thereof) under section 244(b)(3)(B) of the 


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1 Immigration and Nationality Act (8 U.S.C. 

2 1254a(b)(3)(B)); or 

3 ‘‘(ii) in the case of a voluntary depar4 ture, the alien did so on the basis of the 

5 Secretary’s determination to terminate 

6 such designation. 

7 ‘‘(3) DED ALIENS PREVIOUSLY REMOVED OR

8 DEPARTED.—An alien shall be eligible for adjust9 ment of status if the alien was removed or volun10 tarily departed from the United States on or after 

11 September 28, 2016, if the alien— 

12 ‘‘(A) applies from abroad; 

13 ‘‘(B) is under a grant of Deferred En14 forced Departure as of September 28, 2016; 

15 ‘‘(C) was continuously physically present in 

16 the United States for a period of not less than 

17 3 years before the date of removal or departure; 

18 and 

19 ‘‘(D) the sole reason for the alien’s re20 moval or departure— 

21 ‘‘(i) was that the alien was present in 

22 the United States after the expiration of 

23 the deferral of enforced departure directed 

24 in the Presidential Memorandum on De25 ferred Enforced Departure for Liberians 


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1 issued on September 28, 2016, or any sub2 sequent extension of such deferral; or 

3 ‘‘(ii) in the case of a voluntary depar4 ture, the alien did so on the basis of the 

5 President’s determination to terminate 

6 such presidential memorandum or exten7 sion. 

8 ‘‘(d) WAIVER AUTHORIZED.—Notwithstanding any 

9 provision of the Immigration and Nationality Act, an alien 

10 who fails to meet the continuous physical presence require11 ment under paragraph (2) of subsection (c) shall be con12 sidered eligible for status adjustment as provided in this 

13 section if the Attorney General or the Secretary deter14 mines that the removal of the alien from the United States 

15 would result in extreme hardship to the alien, their spouse, 

16 their children, their parents, or their domestic partner. 

17 ‘‘(e) EFFECT OF APPLICATION ON CERTAIN OR18 DERS.—An alien present in the United States who has 

19 been ordered removed or has been granted voluntary de20 parture from the United States may, notwithstanding 

21 such order, apply for adjustment of status under this sec22 tion. Such alien shall not be required to file a separate 

23 motion to reopen, reconsider, or vacate the order of re24 moval. If the Secretary approves the application, the Sec25 retary shall cancel the order of removal. If the Secretary 


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1 renders a final administrative decision to deny the applica2 tion, the order of removal shall be effective and enforce3 able to the same extent as if the application had not been 

4 made. 

5 ‘‘(f) WORK AUTHORIZATION.—The Secretary shall 

6 authorize an alien who has applied for adjustment of sta7 tus under this section to engage in employment in the 

8 United States during the pendency of such application and 

9 shall provide the alien with an appropriate document signi10 fying authorization of employment. 

11 ‘‘(g) ADJUSTMENT OF STATUS FOR CERTAIN FAMILY

12 MEMBERS.— 

13 ‘‘(1) IN GENERAL.—The status of an alien shall 

14 be adjusted by the Secretary to that of an alien law15 fully admitted for permanent residence if the alien— 

16 ‘‘(A) is the spouse, parent, or unmarried 

17 son or daughter of an alien whose status is ad18 justed under this section; 

19 ‘‘(B) applies for adjustment under this sec20 tion within 3 years after the date of enactment 

21 of this Act; and 

22 ‘‘(C) is determined to be admissible to the 

23 United States for permanent residence. 

24 ‘‘(2) CERTAIN GROUNDS FOR INADMISSIBILITY

25 INAPPLICABLE.—For purposes of determining adVerDate Sep 11 2014 23:01 May 18, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2064.IH H2064

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1 missibility under subsection (g)(1)(C), the grounds 

2 for inadmissibility specified in paragraphs (4), (5), 

3 (6)(A), and (7)(A) of section 212(a) shall not apply. 

4 ‘‘(h) AVAILABILITY OF ADMINISTRATIVE REVIEW.— 

5 The Secretary shall provide to aliens applying for adjust6 ment of status under this section the same right to, and 

7 procedures for, administrative review as are provided to— 

8 ‘‘(1) applicants for adjustment of status under 

9 section 245; or 

10 ‘‘(2) aliens subject to removal proceedings 

11 under section 240. 

12 ‘‘(i) NO OFFSET IN NUMBER OF VISAS AVAIL13 ABLE.—The granting of adjustment of status under this 

14 section shall not reduce the number of immigrant visas 

15 authorized to be issued under any provision of the Immi16 gration and Nationality Act. 

17 ‘‘(j) TREATMENT OF BRIEF, CASUAL, AND INNOCENT

18 DEPARTURES AND CERTAIN OTHER ABSENCES.—An 

19 alien who has failed to maintain the 3-year continuous 

20 physical presence requirement under subsection (c) be21 cause of brief, casual, and innocent departures or, emer22 gency travel, or extenuating circumstances outside of the 

23 control of the alien, shall not be considered to have failed 

24 to maintain continuous physical presence in the United 

25 States. 


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1 ‘‘(k) RULE OF CONSTRUCTION.—Nothing in this Act 

2 shall be construed to include aliens (as a class or indi3 vidual basis) from previously designated countries that no 

4 longer have valid temporary protected status designation 

5 under section 244(b), or aliens who no longer have a valid 

6 deferred enforced departure status, unless such designated 

7 status or previously deferred enforced departure expires 

8 on or after January 1, 2017. 

9 ‘‘(l) DEFINITIONS.—In this section: 

10 ‘‘(1) The term ‘domestic partner’ means an 

11 adult of at least 18 years of age in a committed rela12 tionship with the alien applying for adjustment. A 

13 committed relationship is one in which the employee 

14 and the domestic partner of the employee are each 

15 other’s sole domestic partner (and are not married 

16 to or domestic partners with anyone else) and share 

17 responsibility for a significant measure of each oth18 er’s common welfare and financial obligations. This 

19 includes, but is not limited to, any relationship be20 tween two individuals of the same or opposite sex 

21 that is granted legal recognition by a State or by the 

22 District of Columbia as a marriage or analogous re23 lationship (including, but not limited to, a civil 

24 union). 


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1 ‘‘(2) The term ‘provide for its repatriated citi2 zens’ means a country’s ability to provide safety, 

3 and social safety net services, including preventive 

4 healthcare services, and housing. 

5 ‘‘(3) The term ‘Deferred Enforced Departure’ 

6 or ‘DED’ refers to the presidential directive issued 

7 on September 28, 2016.’’. 

8 SEC. 3. REPORTING REQUIREMENTS REGARDING FUTURE 

9 DISCONTINUED ELIGIBILITY OF ALIENS 

10 FROM COUNTRIES CURRENTLY LISTED 

11 UNDER TEMPORARY PROTECTED STATUS. 

12 (a) ADDITIONAL REPORTING REQUIREMENTS.—Sec13 tion 244(b)(3) of the Immigration and Nationality Act (8 

14 U.S.C. 1254a(b)(3)) is amended by adding at the end, the 

15 following: 

16 ‘‘(D) REPORT ON TERMINATIONS.—Within 

17 3 days after the Attorney General’s announce18 ment, including by notice in the Federal Reg19 ister, of a country’s designation being termi20 nated from Temporary Protected Status, the 

21 Attorney General shall submit to the Committee 

22 on the Judiciary of the Senate and the House 

23 Judiciary Committee a report that includes— 

24 ‘‘(i) an explanation of the event or 

25 events that initially prompted a country’s 


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1 designation under temporary protected sta2 tus; 

3 ‘‘(ii) the progress the country has 

4 made in remedying the designation speci5 fied in clause (i), including any significant 

6 challenges or shortcomings that have not 

7 been addressed since the initial designa8 tion; and 

9 ‘‘(iii) an analysis, with applicable and 

10 relevant metrics as determined by the Sec11 retary, of the country’s ability to repatriate 

12 its nationals, including— 

13 ‘‘(I) the country’s financial abil14 ity to provide for its repatriated citi15 zens; 

16 ‘‘(II) the country’s financial abil17 ity to address the initial designation 

18 specified in clause (i) without foreign 

19 assistance; 

20 ‘‘(III) the country’s gross domes21 tic product, gross domestic product 

22 per capita, and an analysis of the 

23 country’s ability to be economically 

24 self-sufficient without foreign assist25 ance; 


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1 ‘‘(IV) the economic and social 

2 impact repatriation of nationals in 

3 possession of temporary protected sta4 tus would have on the recipient coun5 try; and 

6 ‘‘(V) any additional metrics the 

7 Secretary deems necessary.’’. 

8 SEC. 4. ADJUSTMENT OF RELATION OF PERIOD OF TEM9 PORARY PROTECTED STATUS TO CANCELLA10 TION OF REMOVAL. 

11 Section 244(e) of the Immigration and Nationality 

12 Act (8 U.S.C. 1254a(e)) is amended— 

13 (1) by striking ‘‘With respect to an alien’’ and 

14 inserting the following: 

15 ‘‘(1) IN GENERAL.—With respect to an alien’’; 

16 and 

17 (2) by adding at the end, the following: 

18 ‘‘(2) WAIVER FOR CERTAIN TEMPORARY PRO19 TECTED STATUS HOLDERS.—The provisions in sub20 section (e) shall not apply to an alien who is eligible 

21 for adjustment of status pursuant to section 244A 

22 of the Immigration and Nationality Act.’’. 

23 SEC. 5. ELIGIBILITY FOR NATURALIZATION. 

24 (a) IN GENERAL.—Notwithstanding sections 319(b), 

25 328, and 329 of the Immigration and Nationality Act (8 


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1 U.S.C. 1430(b), 1439, and 1440), an alien whose status 

2 is adjusted under section 244A of the Immigration and 

3 Nationality Act to that of an alien lawfully admitted for 

4 permanent residence may apply for naturalization under 

5 chapter 2 of title III of the Immigration and Nationality 

6 Act (8 U.S.C. 1421 et seq.) not earlier than 5 years after 

7 such adjustment of status. 

8 (b) LANGUAGE REQUIREMENT WAIVER.—Section 

9 312(b)(2) of the Immigration and Nationality Act (8 

10 U.S.C. 1423(b)(2)) is amended— 

11 (1) in subparagraph (A), by adding ‘‘or’’ at the 

12 end; 

13 (2) in subparagraph (B), by striking the period 

14 and inserting ‘‘; or’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(C) is an alien in receipt of status adjust17 ment under section 244A of the Immigration 

18 and Nationality Act.’’. 

19 SEC. 6. DESIGNATION FOR PURPOSES OF GRANTING TEM20 PORARY PROTECTED STATUS. 

21 (a) DESIGNATION.— 

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

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

24 1254a), Venezuela and Eritrea shall be treated as if 

25 each had been designated under subsection (b)(1)(C) 


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1 of that section, subject to the provisions of this sec2 tion. 

3 (2) PERIOD OF DESIGNATION.—The initial pe4 riod of the designation referred to in paragraph (1) 

5 shall be for the 18-month period beginning on the 

6 date of the enactment of this Act. 

7 (b) ALIENS ELIGIBLE.—As a result of the designa8 tion made under subsection (a), an alien who is a national 

9 of Venezuela or Eritrea is deemed to satisfy the require10 ments under paragraph (1) of section 244(c) of the Immi11 gration and Nationality Act (8 U.S.C. 1254a(c)), subject 

12 to paragraph (3) of such section, if the alien— 

13 (1) has been continuously physically present in 

14 the United States since the date of the enactment of 

15 this Act; 

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

17 otherwise provided in paragraph (2)(A) of such sec18 tion, and is not ineligible for temporary protected 

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

20 (3) registers for temporary protected status in 

21 a manner established by the Secretary of Homeland 

22 Security. 

23 (c) CONSENT TO TRAVEL ABROAD.— 

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

25 Security shall give prior consent to travel abroad, in 


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1 accordance with section 244(f)(3) of the Immigra2 tion and Nationality Act (8 U.S.C. 1254a(f)(3)), to 

3 an alien who is granted temporary protected status 

4 pursuant to the designation made under subsection 

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

6 Secretary of Homeland Security that emergency and 

7 extenuating circumstances beyond the control of the 

8 alien require the alien to depart for a brief, tem9 porary trip abroad. 

10 (2) TREATMENT UPON RETURN.—An alien re11 turning to the United States in accordance with an 

12 authorization described in paragraph (1) shall be 

13 treated as any other returning alien provided tem14 porary protected status under section 244 of the Im15 migration and Nationality Act (8 U.S.C. 1254a). 

Æ 


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