I 

115TH CONGRESS 

1ST SESSION H. R. 4384 

To amend the Immigration and Nationality Act to provide protected status 

for certain aliens present in the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 14, 2017 

Ms. CLARKE of New York (for herself, Ms. ROS-LEHTINEN, Ms. JAYAPAL, Ms. 

LOFGREN, Ms. JACKSON LEE, Mr. MCGOVERN, Ms. LEE, Mr. HASTINGS, 

Ms. WILSON of Florida, and Mr. CORREA) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to provide 

protected status for certain aliens present in the United 

States, 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 ‘‘Act to Sustain the 

5 Protection of Immigrant Residents Earned through TPS 

6 Act of 2017’’ or the ‘‘ASPIRE–TPS Act of 2017’’. 


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1 SEC. 2. PROTECTED STATUS FOR CERTAIN ALIENS 

2 PRESENT IN THE UNITED STATES. 

3 The Immigration and Nationality Act (8 U.S.C. 1101 

4 et seq.) is amended by inserting after section 244 the fol5 lowing: 

6 ‘‘SEC. 244A. PROTECTED STATUS FOR CERTAIN ALIENS 

7 PRESENT IN THE UNITED STATES. 

8 ‘‘(a) IN GENERAL.—Notwithstanding any other pro9 vision of law, including section 244(h), the Secretary of 

10 Homeland Security shall grant protected status under this 

11 section to an alien who meets the eligibility requirements 

12 under subsection (b). 

13 ‘‘(b) ELIGIBILITY REQUIREMENTS.—The eligibility 

14 requirements are the following: 

15 ‘‘(1) On January 1, 2017, the alien had been 

16 granted or was eligible for Deferred Enforced De17 parture or for temporary protected status under sec18 tion 244. 

19 ‘‘(2) The alien has continuously resided in the 

20 United States for the 5-year period prior to the date 

21 of the enactment of this section. 

22 ‘‘(3) The alien is admissible as an immigrant, 

23 except as otherwise provided under paragraph (2)(A) 

24 of section 244, and is not ineligible under paragraph 

25 (2)(B) of such section, except that in making such 

26 a determination, no conviction for a misdemeanor 


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1 which conviction occurred earlier than 6 years prior 

2 to the date on which the alien applies for status, or 

3 a renewal of such status, under this section may be 

4 considered. 

5 ‘‘(4) To the extent and in a manner which the 

6 Secretary establishes, the alien registers for the pro7 tected status under this section during a registration 

8 period of not less than one year. 

9 ‘‘(c) DURATION OF STATUS.—Protected status under 

10 this section shall be for a period of 6 years, and may be 

11 renewed for additional 6-year periods. An alien seeking to 

12 renew protected status under this section shall re-register 

13 with the Secretary. 

14 ‘‘(d) NOTICE.— 

15 ‘‘(1) IN GENERAL.—Not later than 30 days 

16 after the first day of the registration period under 

17 subsection (b)(4), the Secretary shall provide each 

18 alien who was granted temporary protected status 

19 under section 244 or Deferred Enforced Departure 

20 with information concerning protected status under 

21 this section. 

22 ‘‘(2) REMOVAL PROCEEDINGS.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall 

24 promptly notify any alien against whom removal 

25 proceedings are initiated who is a national of a 


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1 country (or in the case of an alien having no 

2 nationality, the country in which the alien last 

3 habitually resided) that on January 1, 2017, 

4 was designated under section 244 or under the 

5 Deferred Enforced Departure program, that 

6 status under this section may be available. 

7 ‘‘(B) REMOVAL PROCEEDINGS INITIATED

8 PRIOR TO THE DATE OF ENACTMENT.—The 

9 Secretary shall promptly notify any alien who is 

10 in removal proceedings on the date of the enact11 ment of this section and who is a national of a 

12 country (or in the case of an alien having no 

13 nationality, the country in which the alien last 

14 habitually resided) that on January 1, 2017, 

15 was designated under section 244 or under the 

16 Deferred Enforced Departure program, that 

17 status under this section may be available. 

18 ‘‘(3) FORM.—Notices under this paragraph 

19 shall be provided in a form and language that the 

20 alien can understand. 

21 ‘‘(e) TEMPORARY TREATMENT FOR ELIGIBLE

22 ALIENS.— 

23 ‘‘(1) REGISTRATION NOT AVAILABLE.—In the 

24 case of an alien who can establish a prima facie case 

25 of eligibility for protected status under this section, 


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1 but for the fact that the period of registration under 

2 subsection (b)(4) has not begun, until the alien has 

3 had a reasonable opportunity to register during the 

4 first 30 days of such period, the Secretary shall pro5 vide the alien with work authorization under sub6 section (f), and shall not initiate or proceed with re7 moval proceedings against the alien. 

8 ‘‘(2) DETERMINATION PENDING.—In the case 

9 of an alien who establishes a prima facie case of eli10 gibility for protected status under this section, until 

11 a final determination with respect to the alien’s eligi12 bility for such status has been made, the Secretary 

13 shall provide the alien with work authorization under 

14 subsection (f), and shall not initiate or proceed with 

15 removal proceedings against the alien. 

16 ‘‘(f) WORK AUTHORIZATION.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall author18 ize each alien granted protected status under this 

19 section to engage in employment in the United 

20 States and provide the alien with an ‘employment 

21 authorized’ endorsement or other appropriate work 

22 permit. 

23 ‘‘(2) DURATION.—Work authorization provided 

24 under this section shall be effective throughout the 

25 period the alien is in protected status. 


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1 ‘‘(g) FEES.—The Secretary may require payment of 

2 a reasonable fee, in an amount not to exceed $50, as a 

3 condition of registering an alien under this section. The 

4 Secretary may impose a separate, additional fee for pro5 viding an alien with documentation of work authorization. 

6 Notwithstanding section 3302 of title 31, United States 

7 Code, all fees collected under this subparagraph shall be 

8 credited to the appropriation to be used in carrying out 

9 this section. 

10 ‘‘(h) WITHDRAWAL OF PROTECTED STATUS.—The 

11 Secretary shall withdraw protected status granted to an 

12 alien under this section if— 

13 ‘‘(1) the Secretary finds that the alien was not 

14 in fact eligible for such status under this section; or 

15 ‘‘(2) the alien fails, without good cause, to reg16 ister with the Secretary at the end of each 36-month 

17 period after the granting of such status, in a form 

18 and manner specified by the Secretary. 

19 ‘‘(i) TREATMENT OF BRIEF, CASUAL, AND INNOCENT

20 DEPARTURES AND CERTAIN OTHER ABSENCES.— 

21 ‘‘(1) IN GENERAL.—For purposes of subsection 

22 (b)(2), an alien shall not be considered to have failed 

23 to maintain continuous residence in the United 

24 States by virtue of brief, casual, and innocent ab25 sences from the United States without regard to 


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1 whether such absences were authorized by the Sec2 retary. 

3 ‘‘(2) RENEWAL OF PROTECTED STATUS.—For 

4 purposes of subsection (b)(2), in the case of an alien 

5 seeking to renew protected status under this section, 

6 absence from the United States for a continuous pe7 riod, beginning on the date on which the Secretary 

8 most recently granted or renewed the alien’s pro9 tected status under this section— 

10 ‘‘(A) of one year or less, shall not break 

11 the continuity of such residency requirement; 

12 and 

13 ‘‘(B) of longer than one year, shall break 

14 the continuity of such residence, unless the ap15 plicant establishes to the satisfaction of the 

16 Secretary that he did not abandon his residence 

17 in the United States during such period. 

18 ‘‘(j) CONFIDENTIALITY.— 

19 ‘‘(1) IN GENERAL.—The Secretary may not dis20 close or use information provided under this section 

21 for the purpose of enforcing the immigration laws. 

22 ‘‘(2) REFERRALS PROHIBITED.—The Secretary 

23 may not refer any alien granted protected status 

24 under this section to U.S. Immigration and Customs 


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1 Enforcement or to U.S. Customs and Border Protec2 tion. 

3 ‘‘(3) EXCEPTION.—Notwithstanding paragraphs 

4 (1) and (2), the Secretary may disclose information 

5 provided under this section to Federal security and 

6 law enforcement agencies— 

7 ‘‘(A) for assistance in the consideration of 

8 an application for protected status under this 

9 section; 

10 ‘‘(B) to identify or prevent fraudulent 

11 claims for protected status under this section; 

12 ‘‘(C) for national security purposes; and 

13 ‘‘(D) in relation to the investigation or 

14 prosecution of any felony not related to the 

15 alien’s immigration status. 

16 ‘‘(4) PENALTY.—Whoever knowingly discloses 

17 or uses information in violation of this subsection 

18 shall be fined not more than $10,000. 

19 ‘‘(k) TREATMENT DURING PERIOD OF PROTECTED

20 STATUS.—During a period in which an alien is granted 

21 protected status under this section— 

22 ‘‘(1) the alien shall be considered a qualified 

23 alien for purposes of title IV of the Personal Re24 sponsibility and Work Opportunity Reconciliation 

25 Act of 1996; 


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1 ‘‘(2) the alien may travel abroad without the 

2 prior consent of the Secretary; and 

3 ‘‘(3) for purposes of adjustment of status under 

4 section 245 and change of classification under sec5 tion 248, the alien shall be considered as having 

6 been inspected and admitted into the United States, 

7 and as being in, and maintaining lawful status as a 

8 nonimmigrant. 

9 ‘‘(l) CLARIFICATION.—Nothing in this section shall 

10 be construed as authorizing the Secretary to deny pro11 tected status to an alien based on the alien’s immigration 

12 status or to require any alien, as a condition of being 

13 granted such status, either to relinquish nonimmigrant or 

14 other status the alien may have or to execute any waiver 

15 of other rights under this chapter. The granting of pro16 tected status under this section shall not be considered 

17 to be inconsistent with the granting of nonimmigrant sta18 tus under this chapter. 

19 ‘‘(m) ADJUSTMENT OF STATUS IN CASES OF EX20 TREME HARDSHIP.— 

21 ‘‘(1) IN GENERAL.—Notwithstanding any other 

22 provision of law, including section 244(h), the Sec23 retary of Homeland Security shall adjust the status 

24 of an alien to that of an alien lawfully admitted for 

25 permanent residence if the alien— 


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1 ‘‘(A) meets the eligibility requirements of 

2 paragraphs (1) and (3) of subsection (b); 

3 ‘‘(B) establishes that removal would result 

4 in extreme hardship to the alien or to the 

5 alien’s United States citizen or lawful perma6 nent resident spouse, parent, or child; and 

7 ‘‘(C) submits an application to the Sec8 retary. 

9 ‘‘(2) NUMERICAL LIMITATIONS DO NOT

10 APPLY.—The numerical limitations of sections 201 

11 and 202 shall not apply to the adjustment of aliens 

12 to lawful permanent resident status under this sec13 tion. 

14 ‘‘(3) RULE OF CONSTRUCTION.—This sub15 section does not prevent an alien granted protected 

16 status under this section who does not meet the re17 quirement of paragraph (1)(B) from adjusting sta18 tus under section 245. 

19 ‘‘(n) REVIEW.—The Secretary shall establish a proc20 ess for an alien denied protected status under this section 

21 to seek review of such a determination. Such process shall 

22 not prevent an alien from asserting eligibility for status 

23 under this section in removal proceedings.’’. 


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1 SEC. 3. TEMPORARY PROTECTED STATUS CLARIFICATIONS. 

2 (a) EXPUNGED CONVICTIONS NOT A BAR.—Section 

3 244(c)(2) of the Immigration and Nationality Act (8 

4 U.S.C. 1254a(c)(2)) is amended by adding at the end the 

5 following: 

6 ‘‘(C) CONVICTION.—For purposes of this 

7 paragraph, the term ‘conviction’ does not in8 clude an adjudication or judgment of guilt that 

9 has been dismissed, expunged, deferred, an10 nulled, invalidated, withheld, or vacated, an 

11 order of probation without entry of judgment, 

12 or any similar disposition.’’. 

13 (b) ALIENS CONSIDERED INSPECTED AND ADMIT14 TED INTO THE UNITED STATES.—Section 244(f)(4) of 

15 the Immigration and Nationality Act (8 U.S.C. 

16 1254a(f)(4)) is amended by inserting after ‘‘considered’’ 

17 the following: ‘‘as having been inspected and admitted into 

18 the United States, and’’. 

19 SEC. 4. REPORT ON PROTECTED STATUS. 

20 On the date that is 90 days after the date of the en21 actment of this Act, and every 90 days thereafter, the Sec22 retary of Homeland Security shall submit to the Commit23 tees on the Judiciary of the House of Representatives and 

24 of the Senate a report that includes, for the previous 90- 

25 day period— 


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1 (1) the number of aliens who submitted applica2 tions to the Secretary for protected status under sec3 tion 244A of the Immigration and Nationality Act; 

4 (2) the number of such applications that were 

5 approved; 

6 (3) the number of aliens present in the United 

7 States with protected status, including information 

8 related to the States in which such aliens reside, the 

9 ages of such aliens, and the duration of their resi10 dence in the United States; and 

11 (4) any additional information determined ap12 propriate by the Secretary. 

Æ 


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