II 

115TH CONGRESS 

1ST SESSION S. 2144 

To provide a process for granting lawful permanent resident status to aliens 

from certain countries who meet specified eligibility requirements. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 16, 2017 

Mr. VAN HOLLEN (for himself, Mr. CARDIN, Mrs. FEINSTEIN, Mr. REED, Ms. 

HIRONO, Mrs. GILLIBRAND, Mr. MARKEY, Ms. HARRIS, Mr. WHITEHOUSE, and Ms. CORTEZ MASTO) introduced the following bill; which was 

read twice and referred to the Committee on the Judiciary 

A BILL 

To provide a process for granting lawful permanent resident 

status to aliens from certain countries who meet specified 

eligibility requirements. 

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 ‘‘Safe Environment 

5 from Countries Under Repression and Emergency Act’’ or 

6 the ‘‘SECURE Act’’. 

7 SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN FOREIGN NA8 TIONALS. 

9 (a) ADJUSTMENT OF STATUS.— 


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1 (1) IN GENERAL.—Notwithstanding section 

2 245(c) of the Immigration and Nationality Act (8 

3 U.S.C. 1255(c)), the status of any alien described in 

4 subsection (b) shall be adjusted by the Secretary of 

5 Homeland Security to that of an alien lawfully ad6 mitted for permanent residence if the alien— 

7 (A) is not inadmissible under paragraph 

8 (2) or (3) of section 212(a) of such Act (8 

9 U.S.C. 1182(a)); 

10 (B) is not deportable under paragraph (2), 

11 (3), or (4) of section 237(a) of such Act (8 

12 U.S.C. 1227(a)); and 

13 (C) is not described in section 

14 208(b)(2)(A)(i) of such Act (8 U.S.C. 

15 1158(b)(2)(A)(i)). 

16 (2) RELATIONSHIP OF APPLICATION TO CER17 TAIN ORDERS.— 

18 (A) IN GENERAL.—An alien who is present 

19 in the United States and has been ordered re20 moved, or permitted voluntarily to depart, from 

21 the United States under any provision of the 

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

23 1101 et seq.) may, notwithstanding such order, 

24 apply for adjustment of status under paragraph 

25 (1). 


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1 (B) MOTION NOT REQUIRED.—An alien 

2 described in subparagraph (A) may not be re3 quired, as a condition of submitting or approv4 ing an application under such subparagraph, to 

5 file a motion to reopen, reconsider, or vacate an 

6 order described in such subparagraph. 

7 (C) APPROVAL.—If the Secretary of 

8 Homeland Security approves an application 

9 submitted by an alien under subparagraph (A), 

10 the Secretary shall cancel the order related to 

11 the alien that is referred to in such subpara12 graph. 

13 (D) DENIAL.—If the Secretary of Home14 land Security renders a final administrative de15 cision to deny an application submitted by an 

16 alien under subparagraph (A), the order related 

17 to such alien shall be effective and enforceable 

18 to the same extent as if such application had 

19 not been made. 

20 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA21 TUS.— 

22 (1) IN GENERAL.—An alien is described in this 

23 subsection if the alien— 

24 (A) is a national of a foreign state that 

25 was at any time designated under section 


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1 244(b) of the Immigration and Nationality Act 

2 (8 U.S.C. 1254a(b)); 

3 (B)(i) is in temporary protected status 

4 under section 244 of the Immigration and Na5 tionality Act 8 (8 U.S.C. 1254a); 

6 (ii) held temporary protected status as a 

7 national of a designated country listed in para8 graph (1); or 

9 (iii) qualified for temporary protected sta10 tus at the time the last designation was made 

11 by the Secretary of Homeland Security; 

12 (C) has been continuously present in the 

13 United States for at least 3 years and is phys14 ically present in the United States on the date 

15 on which the alien files an application for ad16 justment of status under this section; and 

17 (D) passes all applicable criminal and na18 tional security background checks. 

19 (2) SHORT ABSENCES.—An alien shall not be 

20 considered to have failed to maintain continuous 

21 physical presence in the United States under para22 graph (1)(C) by reason of an absence, or multiple 

23 absences, from the United States for any period or 

24 periods that do not exceed, in the aggregate, 180 

25 days. 


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1 (3) WAIVER AUTHORIZED.—Notwithstanding 

2 any provision of the Immigration and Nationality 

3 Act (8 U.S.C. 1101 et seq.), an alien who fails to 

4 meet the continuous physical presence requirement 

5 under paragraph (1)(C) shall be considered eligible 

6 to receive an adjustment of status under this section 

7 if the Attorney General or the Secretary of Home8 land Security determines that the removal of the 

9 alien from the United States would result in extreme 

10 hardship to the alien or the alien’s spouse, children, 

11 parents, or domestic partner. 

12 (c) STAY OF REMOVAL.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), an alien who is subject to a final order 

15 of removal may not be removed if the alien— 

16 (A) has a pending application under sub17 section (a); or 

18 (B)(i) is prima facie eligible to file an ap19 plication under subsection (a); and 

20 (ii) indicates that he or she intends to file 

21 such an application. 

22 (2) EXCEPTION.—Paragraph (1) shall not 

23 apply to any alien whose application under sub24 section (a) has been denied by the Secretary of 


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1 Homeland Security in a final administrative deter2 mination. 

3 (3) DURING CERTAIN PROCEEDINGS.— 

4 (A) IN GENERAL.—Except as provided in 

5 subparagraph (B) and notwithstanding any pro6 vision of the Immigration and Nationality Act 

7 (8 U.S.C. 1101 et seq.), the Secretary of Home8 land Security may not order any alien to be re9 moved from the United States if the alien 

10 raises, as a defense to such an order, the eligi11 bility of the alien to apply for adjustment of 

12 status under subsection (a). 

13 (B) EXCEPTION.—Subparagraph (A) shall 

14 not apply to any alien whose application under 

15 subsection (a) has been denied by the Secretary 

16 of Homeland Security in a final administrative 

17 determination. 

18 (4) WORK AUTHORIZATION.—The Secretary of 

19 Homeland Security— 

20 (A) shall authorize any alien who has ap21 plied for adjustment of status under subsection 

22 (a) to engage in employment in the United 

23 States while such application is pending; and 

24 (B) may provide such alien with an ‘‘em25 ployment authorized’’ endorsement or other apVerDate Sep 11 2014 23:02 Nov 22, 2017 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2144.IS S2144

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1 propriate document signifying such employment 

2 authorization. 

3 (d) ADJUSTMENT OF STATUS FOR SPOUSES AND

4 CHILDREN.— 

5 (1) IN GENERAL.—Notwithstanding section 

6 245(c) of the Immigration and Nationality Act (8 

7 U.S.C. 1255(c)) and except as provided in para8 graphs (2) and (3), the Secretary of Homeland Se9 curity shall adjust the status of an alien to that of 

10 an alien lawfully admitted for permanent residence 

11 if the alien— 

12 (A) is the spouse, domestic partner, child, 

13 or unmarried son or daughter of an alien whose 

14 status has been adjusted to that of an alien 

15 lawfully admitted for permanent residence 

16 under subsection (a); 

17 (B) is physically present in the United 

18 States on the date on which the alien files an 

19 application for such adjustment of status; and 

20 (C) is otherwise eligible to receive an immi21 grant visa and is otherwise admissible to the 

22 United States for permanent residence. 

23 (2) CONTINUOUS PRESENCE REQUIREMENT.— 

24 (A) IN GENERAL.—The status of an un25 married son or daughter referred to in paraVerDate Sep 11 2014 05:00 Nov 22, 2017 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2144.IS S2144

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1 graph (1)(A) may not be adjusted under para2 graph (1) until such son or daughter establishes 

3 that he or she has been physically present in 

4 the United States for at least 1 year. 

5 (B) SHORT ABSENCES.—An alien shall not 

6 be considered to have failed to maintain contin7 uous physical presence in the United States 

8 under subparagraph (A) by reason of an ab9 sence, or multiple absences, from the United 

10 States for any period or periods that do not ex11 ceed, in the aggregate, 180 days. 

12 (3) WAIVER.—In determining eligibility and ad13 missibility under paragraph (1)(C), the grounds for 

14 inadmissibility under paragraphs (4), (5), (6), 

15 (7)(A), and (9) of section 212(a) of the Immigration 

16 and Nationality Act (8 U.S.C. 1182(a)) shall not 

17 apply. 

18 (e) AVAILABILITY OF ADMINISTRATIVE REVIEW.— 

19 The Secretary of Homeland Security shall provide appli20 cants for adjustment of status under subsection (a) the 

21 same right to, and procedures for, administrative review 

22 as are provided to— 

23 (1) applicants for adjustment of status under 

24 section 245 of the Immigration and Nationality Act 

25 19 (8 U.S.C. 1255); or 


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1 (2) aliens who are subject to removal pro2 ceedings under section 240 of such Act (8 U.S.C. 

3 1229a). 

4 (f) EXCEPTIONS TO NUMERICAL LIMITATIONS.—The 

5 numerical limitations set forth in sections 201 and 202 

6 of the Immigration and Nationality Act (8 U.S.C. 1151 

7 and 1152) shall not apply to aliens whose status is ad8 justed pursuant to subsection (a). 

9 SEC. 3. ADDITIONAL REPORTING REQUIREMENTS REGARD10 ING FUTURE DISCONTINUED ELIGIBILITY OF 

11 ALIENS FROM COUNTRIES CURRENTLY LIST12 ED UNDER TEMPORARY PROTECTED STATUS. 

13 Section 244(b)(3) of the Immigration and Nationality 

14 Act (8 U.S.C. 1254a(b)(3)) is amended— 

15 (1) in subparagraph (A)— 

16 (A) by striking ‘‘the Attorney General’’ 

17 and inserting ‘‘, the Secretary of Homeland Se18 curity’’; 

19 (B) by inserting ‘‘(including a rec20 ommendation from the Secretary of State that 

21 is received by the Secretary of Homeland Secu22 rity not later than 90 days before the end of 

23 such period of designation)’’ after ‘‘Govern24 ment’’; and 


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1 (C) by striking ‘‘The Attorney General’’ 

2 and inserting ‘‘The Secretary’’; and 

3 (2) in subparagraph (B)— 

4 (A) by striking ‘‘If the Attorney General’’ 

5 and inserting the following: 

6 ‘‘(i) IN GENERAL.—If the Secretary of 

7 Homeland Security’’; 

8 (B) in clause (i), as redesignated, by strik9 ing ‘‘Attorney General’’ and inserting ‘‘Sec10 retary’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(ii) REPORT.—Not later than 3 days 

13 after the publication of the Secretary’s de14 termination in the Federal Register that a 

15 country’s designation under paragraph (1) 

16 is being terminated, the Secretary shall 

17 submit a report to the Committee on the 

18 Judiciary of the Senate and the Committee 

19 on the Judiciary of the House of Rep20 resentatives that shall include— 

21 ‘‘(I) an explanation of the event 

22 or events that initially prompted such 

23 country’s designation under para24 graph (1); 


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1 ‘‘(II) the progress the country 

2 has made in remedying the designa3 tion under paragraph (1), including 

4 any significant challenges or short5 comings that have not been addressed 

6 since the initial designation; 

7 ‘‘(III) a statement indicating 

8 whether the country has requested a 

9 designation under paragraph (1), a 

10 redesignation under such paragraph, 

11 or an extension of such designation; 

12 and 

13 ‘‘(IV) an analysis, with applicable 

14 and relevant metrics, as determined 

15 by the Secretary, of the country’s abil16 ity to repatriate its nationals, includ17 ing— 

18 ‘‘(aa) the country’s financial 

19 ability to provide for its repatri20 ated citizens; 

21 ‘‘(bb) the country’s financial 

22 ability to address the initial des23 ignation under paragraph (1) 

24 without foreign assistance; 


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1 ‘‘(cc) the country’s gross do2 mestic product and per capita 

3 gross domestic product per cap4 ita; 

5 ‘‘(dd) an analysis of the 

6 country’s political stability and 

7 its ability to be economically self8 sufficient without foreign assist9 ance; 

10 ‘‘(ee) the economic and so11 cial impact repatriation of na12 tionals in possession of tem13 porary protected status would 

14 have on the recipient country; 

15 and 

16 ‘‘(ff) any additional metrics 

17 the Secretary considers nec18 essary.’’. 

19 SEC. 4. OTHER MATTERS. 

20 (a) APPLICATION OF IMMIGRATION AND NATION21 ALITY ACT PROVISIONS.—Except as otherwise specifically 

22 provided in this Act, the definitions in the Immigration 

23 and Nationality Act (8 U.S.C. 1101 et seq.) shall apply 

24 in this Act. 


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1 (b) SAVINGS PROVISION.—Nothing in this Act may 

2 be construed to repeal, amend, alter, modify, effect, or re3 strict the powers, duties, functions, or authority of the 

4 Secretary of Homeland Security in the administration and 

5 enforcement of the immigration laws. 

6 (c) ELIGIBILITY FOR OTHER IMMIGRATION BENE7 FITS.—An alien who is eligible to be granted the status 

8 of an alien lawfully admitted for permanent residence 

9 under section 2 may not be precluded from seeking such 

10 status under any other provision of law for which the alien 

11 may otherwise be eligible. 

Æ 


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