I 

116TH CONGRESS 

1ST SESSION H. R. 2413 

To designate Nicaragua under section 244 of the Immigration and Nationality 

Act to permit nationals of Nicaragua to be eligible for temporary protected status under such section, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 30, 2019 

Mr. DIAZ-BALART (for himself and Ms. SHALALA) introduced the following 

bill; which was referred to the Committee on the Judiciary 

A BILL 

To designate Nicaragua under section 244 of the Immigration and Nationality Act to permit nationals of Nicaragua 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 ‘‘Nicaragua TPS Act 

5 of 2019’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


pbinns on DSK79D2C42PROD with BILLS
2 

•HR 2413 IH

1 (1) Since April 18, 2018, protesters in Nica2 ragua have demanded transparent government with3 out corruption, access to necessities such as food 

4 and medicines, and free, fair, multiparty elections. 

5 (2) The World Bank reported that Nicaragua’s 

6 economy contracted by 3.8 percent in 2018, and ex7 pects the economic downturn to continue to an esti8 mated decrease in growth of 5 percent in 2019. 

9 (3) The United States Department of State’s 

10 Country Reports on Human Rights Practices for 

11 2018 stated that between the protests of April 18, 

12 2018, and late November 2018, at least 325 persons 

13 died, more than 2,000 were injured, and hundreds 

14 more were illegally detained and tortured, while 

15 more than 52,000 fled to neighboring countries. 

16 (4) The United States Department of State’s 

17 Country Reports on Human Rights for 2018 stated 

18 that ‘‘[h]uman rights deteriorated markedly during 

19 the year. Issues included reports of unlawful or arbi20 trary killings committed by the government or its 

21 agents; forced disappearance by parapolice forces; 

22 torture; physical abuse, including rape, by govern23 ment officials; and arbitrary arrest and detention. 

24 There were harsh and life-threatening prison condi25 tions; political prisoners; arbitrary and unlawful inVerDate Sep 11 2014 00:10 May 04, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2413.IH H2413

pbinns on DSK79D2C42PROD with BILLS
3 

•HR 2413 IH

1 terference with privacy; arrests of journalists, cen2 sorship, site blocking, and criminal libel; and sub3 stantial interference with the rights of peaceful as4 sembly and freedom of association, including attacks 

5 on the Roman Catholic Church and Church officials. 

6 The government stripped the legal status of several 

7 nongovernmental organizations (NGOs) and civil so8 ciety organizations, seizing their assets and pre9 venting them from operating. There was widespread 

10 corruption; trafficking in persons; attacks against 

11 lesbian, gay, bisexual, transgender, and intersex 

12 (LGBTI) persons; discrimination against ethnic mi13 norities and indigenous communities; and child 

14 labor.’’. 

15 (5) On February 22, 2019, Michelle Bachelet, 

16 the U.N. High Commissioner for Human Rights, 

17 said, ‘‘I am deeply concerned about the apparent 

18 lack of due process and increasing criminalization of 

19 dissent in Nicaragua. The arrest and jailing of oppo20 sition leaders, possibly in some cases as a reprisal 

21 for cooperating with the UN, clearly hinders the cre22 ation of an environment conducive to holding a gen23 uine and inclusive dialogue—which the Government 

24 says it wants. . . . I also call on the authorities to 

25 release all those deprived of their liberty in connecVerDate Sep 11 2014 00:10 May 04, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2413.IH H2413

pbinns on DSK79D2C42PROD with BILLS
4 

•HR 2413 IH

1 tion with their intrinsic right to peaceful protest and 

2 dissent, and to ensure people who cooperate with the 

3 UN and other human rights organizations do not 

4 face reprisals. It is a fundamental tenet of democ5 racy that people from all parts of society should be 

6 able to engage freely in debate about the future of 

7 their country, without fear of arrest or intimida8 tion.’’. 

9 (6) On April 4, 2019, the Inter-American Com10 mission on Human Rights of the Organization of 

11 American States condemned the human rights 

12 abuses perpetrated by the Ortega regime, stating 

13 that, ‘‘[t]he acts of repression in question include il14 legal arbitrary arrests, the prohibition of all forms of 

15 social demonstration of protest, the refusal to re-es16 tablish the legal status of civil society organizations, 

17 and the increasing repression of people who are 

18 being deprived of their liberty. The IACHR once 

19 more calls for repression in the country to cease and 

20 for public liberties to be restored.’’. 

21 (7) International human rights groups such as 

22 Human Rights Watch, the Committee to Protect 

23 Journalists, and Reporters Without Borders have 

24 highlighted the Ortega regime’s efforts to silence 

25 independent media. For example, offices of Radio 


pbinns on DSK79D2C42PROD with BILLS
5 

•HR 2413 IH

1 Dario were burned down after the protests began in 

2 April 2018, Nicaragua’s most widely read newspaper 

3 La Prensa’s printing materials were confiscated in 

4 January 2019, and numerous journalists were ar5 rested and imprisoned since the protests began, 

6 while death threats and other intimidation tactics 

7 have forced dozens of journalists to flee the country. 

8 (8) In response to corruption and human rights 

9 abuses, the United States Department of Treasury 

10 has sanctioned six Nicaraguans for corruption and 

11 gross violations of human rights. Those sanctioned 

12 include the Vice President, who is the wife of cor13 rupt President Daniel Ortega, as well as the former 

14 President of the Supreme Electoral Council, the Di15 rector of the Nicaraguan National Police, a National 

16 Security Advisor to the President, the Political Sec17 retary for the municipality of Managua, and the 

18 Treasurer of the Sandinista Party. 

19 SEC. 3. SENSE OF CONGRESS. 

20 It is the sense of the Congress that— 

21 (1) Nicaragua’s economic, humanitarian, and 

22 human rights crisis has resulted in extraordinary 

23 and temporary conditions that currently prevent 

24 Nicaraguan nationals from safely returning to Nica25 ragua; and 


pbinns on DSK79D2C42PROD with BILLS
6 

•HR 2413 IH

1 (2) Nicaragua should be designated under sub2 section (b)(1)(C) of section 244 of the Immigration 

3 and Nationality Act (8 U.S.C. 1254a) for a period 

4 of 18 months to permit nationals of Nicaragua to be 

5 eligible for temporary protected status in accordance 

6 with such section. 

7 SEC. 4. DESIGNATION FOR PURPOSES OF GRANTING TEM8 PORARY PROTECTED STATUS. 

9 (a) DESIGNATION.— 

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

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

12 1254a), Nicaragua shall be treated as if it had been 

13 designated under subsection (b)(1)(C) of that sec14 tion, subject to the provisions of this section. 

15 (2) PERIOD OF DESIGNATION.—The initial pe16 riod of the designation referred to in paragraph (1) 

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

18 date of the enactment of this Act. 

19 (b) ALIENS ELIGIBLE.—As a result of the designa20 tion made under subsection (a), an alien who is a national 

21 of Nicaragua is deemed to satisfy the requirements under 

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

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

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


pbinns on DSK79D2C42PROD with BILLS
7 

•HR 2413 IH

1 (1) has been continuously physically present in 

2 the United States since the date of the enactment of 

3 this Act; 

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

5 otherwise provided in paragraph (2)(A) of such sec6 tion, and is not ineligible for temporary protected 

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

8 (3) registers for temporary protected status in 

9 a manner established by the Secretary of Homeland 

10 Security. 

11 (c) CONSENT TO TRAVEL ABROAD.— 

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

13 Security shall give prior consent to travel abroad, in 

14 accordance with section 244(f)(3) of the Immigra15 tion and Nationality Act (8 U.S.C. 1254a(f)(3)), to 

16 an alien who is granted temporary protected status 

17 pursuant to the designation made under subsection 

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

19 Secretary of Homeland Security that emergency and 

20 extenuating circumstances beyond the control of the 

21 alien require the alien to depart for a brief, tem22 porary trip abroad. 

23 (2) TREATMENT UPON RETURN.—An alien re24 turning to the United States in accordance with an 

25 authorization described in paragraph (1) shall be 


pbinns on DSK79D2C42PROD with BILLS
8 

•HR 2413 IH

1 treated as any other returning alien provided tem2 porary protected status under section 244 of the Im3 migration and Nationality Act (8 U.S.C. 1254a). 

Æ 


pbinns on DSK79D2C42PROD with BILLS