SECURE Act

Subjects: Immigration


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1727 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1727

 To provide a process for granting lawful permanent resident status to 
     aliens from certain countries who meet specified eligibility 
                 requirements, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 18, 2023

Mr. Van Hollen (for himself, Mr. Wyden, Mr. Whitehouse, Ms. Warren, Mr. 
Warner, Ms. Smith, Mr. Schatz, Mr. Sanders, Mr. Bennet, Mr. Booker, Mr. 
  Brown, Mr. Blumenthal, Mr. Cardin, Mr. Coons, Ms. Cortez Masto, Ms. 
      Duckworth, Mr. Durbin, Mrs. Feinstein, Mrs. Gillibrand, Mr. 
 Hickenlooper, Ms. Hirono, Mr. Kaine, Ms. Klobuchar, Mr. Markey, Mrs. 
Murray, Mr. Padilla, Mr. Reed, and Ms. Rosen) 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, and for other purposes.

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

SECTION 1. SHORT TITLES.

    This Act may be cited as the ``Safe Environment from Countries 
Under Repression and Emergency Act'' or the ``SECURE Act''.

SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN FOREIGN NATIONALS.

    (a) Adjustment of Status.--
            (1) Authorization.--
                    (A) In general.--Notwithstanding section 245(c) of 
                the Immigration and Nationality Act (8 U.S.C. 1255(c)), 
                the status of any alien described in subsection (b)(1) 
                shall be adjusted by the Secretary of Homeland Security 
                to that of an alien lawfully admitted for permanent 
                residence if the alien--
                            (i) is not inadmissible under paragraph (2) 
                        or (3) of section 212(a) of such Act (8 U.S.C. 
                        1182(a));
                            (ii) is not deportable under paragraph (2), 
                        (3), or (4) of section 237(a) of such Act (8 
                        U.S.C. 1227(a)); and
                            (iii) is not described in section 
                        208(b)(2)(A)(i) of such Act (8 U.S.C. 
                        1158(b)(2)(A)(i)).
                    (B) Treatment of expunged convictions.--For 
                purposes of this Act, the term ``conviction'' does not 
                include a judgment that has been expunged or set aside 
                that resulted in a rehabilitative disposition or the 
                equivalent.
            (2) Application.--
                    (A) In general.--Except as provided in subparagraph 
                (B), any alien who is physically present in the United 
                States may apply for adjustment of status under this 
                section.
                    (B) Applications from outside united states for 
                certain aliens previously removed or who departed.--In 
                the case of an alien who, on or after September 28, 
                2016, was removed from the United States or departed 
                pursuant to an order of voluntary departure, the alien 
                may apply for adjustment of status under this section 
                from outside the United States if, on the day before 
                the date on which the alien was so removed or so 
                departed, the alien was an alien described in 
                subsection (b)(1).
                    (C) Fee.--
                            (i) In general.--The Secretary of Homeland 
                        Security shall require any alien applying for 
                        permanent resident status under this section to 
                        pay a reasonable fee that is commensurate with 
                        the cost of processing the application. Such 
                        fee may not exceed $1,140.
                            (ii) Fee exemption.--An applicant may be 
                        exempted from paying the application fee 
                        required under clause (i) if the applicant--
                                    (I) is younger than 18 years of 
                                age;
                                    (II) received total income, during 
                                the 12-month period immediately 
                                preceding the date on which the 
                                applicant files an application under 
                                this section, that is less than 150 
                                percent of the Federal poverty line;
                                    (III) is in foster care or 
                                otherwise lacking any parental or other 
                                familial support; or
                                    (IV) cannot care for himself or 
                                herself because of a serious, chronic 
                                disability.
                    (D) Relationship of application to certain 
                orders.--
                            (i) Motion not required.--An alien 
                        described in subparagraph (A) or (B) who has 
                        been the subject of an order of removal or 
                        voluntary departure may not be required, as a 
                        condition of submitting or approving an 
                        application under such subparagraph, to file a 
                        motion to reopen, reconsider, or vacate such 
                        order.
                            (ii) Approval.--If the Secretary of 
                        Homeland Security approves an application 
                        submitted by an alien under this paragraph, the 
                        Secretary shall cancel any order of removal or 
                        voluntary departure to which the alien is or 
                        was subject.
                            (iii) Denial.--If the Secretary of Homeland 
                        Security renders a final administrative 
                        decision to deny an application submitted by an 
                        alien under this paragraph, any order of 
                        removal or voluntary departure to which the 
                        alien is subject shall be effective and 
                        enforceable to the same extent as if such 
                        application had not been made.
    (b) Aliens Eligible for Adjustment of Status.--
            (1) In general.--An alien is described in this subsection 
        if the alien--
                    (A) is a national of a foreign state that was at 
                any time designated under section 244(b) of the 
                Immigration and Nationality Act (8 U.S.C. 1254a(b));
                    (B)(i) is in temporary protected status under 
                section 244 of the Immigration and Nationality Act (8 
                U.S.C. 1254a);
                    (ii) held temporary protected status as a national 
                of a designated foreign state described in subparagraph 
                (A);
                    (iii) qualified for temporary protected status on 
                the date on which the last designation or extension was 
                made by the Secretary of Homeland Security; or
                    (iv) was present in the United States pursuant to a 
                grant of deferred enforced departure that had been 
                extended beyond September 28, 2016;
                    (C)(i) has been continuously present in the United 
                States for not less than 3 years and is physically 
                present in the United States on the date on which the 
                alien files an application for adjustment of status 
                under this section; or
                    (ii) in the case of an alien who, on or after 
                September 28, 2016, was removed from the United States 
                or departed pursuant to an order of voluntary 
                departure, was continuously present in the United 
                States for a period of not less than 3 years before the 
                date on which the alien was so removed or so departed; 
                and
                    (D) passes all applicable criminal and national 
                security background checks.
            (2) Short absences.--An alien shall not be considered to 
        have failed to maintain continuous physical presence in the 
        United States under paragraph (1)(C) by reason of an absence, 
        or multiple absences, from the United States for any period or 
        periods that do not exceed, in the aggregate, 180 days.
            (3) Waiver authorized.--Notwithstanding any provision of 
        the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), an 
        alien who fails to meet the continuous physical presence 
        requirement under paragraph (1)(C) shall be considered eligible 
        for adjustment of status under this section if the Attorney 
        General or the Secretary of Homeland Security, as applicable, 
        determines that the removal or continued absence of the alien 
        from the United States, as applicable, would result in extreme 
        hardship to the alien or to the alien's spouse, children, 
        parents, or domestic partner.
    (c) Stay of Removal.--
            (1) In general.--Except as provided in paragraph (2), an 
        alien who is subject to a final order of removal may not be 
        removed if the alien--
                    (A) has a pending application under subsection (a); 
                or
                    (B)(i) is prima facie eligible to file an 
                application under subsection (a); and
                    (ii) indicates that he or she intends to file such 
                an application.
            (2) Exception.--Paragraph (1) shall not apply to any alien 
        whose application under subsection (a) has been denied by the 
        Secretary of Homeland Security in a final administrative 
        determination.
            (3) During certain proceedings.--
                    (A) In general.--Except as provided in subparagraph 
                (B) and notwithstanding any provision of the 
                Immigration and Nationality Act (8 U.S.C. 1101 et 
                seq.), the Secretary of Homeland Security may not order 
                any alien to be removed from the United States if the 
                alien raises, as a defense to such an order, the 
                eligibility of the alien to apply for adjustment of 
                status under subsection (a).
                    (B) Exception.--Subparagraph (A) shall not apply to 
                any alien whose application under subsection (a) has 
                been denied by the Secretary of Homeland Security in a 
                final administrative determination.
            (4) Work authorization.--The Secretary of Homeland 
        Security--
                    (A) shall authorize any alien who has applied for 
                adjustment of status under subsection (a) to engage in 
                employment in the United States while such application 
                is pending; and
                    (B) may provide such alien with an ``employment 
                authorized'' endorsement or other appropriate document 
                signifying such employment authorization.
    (d) Advance Parole.--
            (1) In general.--During the period beginning on the date on 
        which an alien applies for adjustment of status under this Act 
        and ending on the date on which the Secretary of Homeland 
        Security makes a final decision regarding such application, the 
        alien shall be eligible to apply for advance parole.
            (2) Applicability.--Section 101(g) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(g)) shall not apply to an alien 
        granted advance parole under this subsection.
    (e) Adjustment of Status for Spouses and Children.--
            (1) In general.--Notwithstanding section 245(c) of the 
        Immigration and Nationality Act (8 U.S.C. 1255(c)) and except 
        as provided in paragraphs (2) and (3), the Secretary of 
        Homeland Security shall adjust the status of an alien to that 
        of an alien lawfully admitted for permanent residence if the 
        alien--
                    (A) is the spouse, domestic partner, child, or 
                unmarried son or daughter of an alien whose status has 
                been adjusted to that of an alien lawfully admitted for 
                permanent residence under subsection (a);
                    (B) is physically present in the United States on 
                the date on which the alien files an application for 
                such adjustment of status; and
                    (C) is otherwise eligible to receive an immigrant 
                visa and is otherwise admissible to the United States 
                for permanent residence.
            (2) Continuous presence requirement.--
                    (A) In general.--The status of an unmarried son or 
                daughter referred to in paragraph (1)(A) may not be 
                adjusted under paragraph (1) until such son or daughter 
                establishes that he or she has been physically present 
                in the United States for at least 1 year.
                    (B) Short absences.--An alien shall not be 
                considered to have failed to maintain continuous 
                physical presence in the United States under 
                subparagraph (A) by reason of an absence, or multiple 
                absences, from the United States for any period or 
                periods that do not exceed, in the aggregate, 180 days.
            (3) Waiver.--In determining eligibility and admissibility 
        under paragraph (1)(C), the grounds for inadmissibility under 
        paragraphs (4), (5), (6), (7)(A), and (9) of section 212(a) of 
        the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall 
        not apply.
    (f) Clarification of Inspection and Admission Under Temporary 
Protected Status.--Section 244(f)(4) of the Immigration and Nationality 
Act (8 U.S.C. 1254a(f)(4)) is amended by inserting ``as having been 
inspected and admitted into the United States, and'' after 
``considered''.
    (g) Availability of Administrative Review.--The Secretary of 
Homeland Security shall provide applicants for adjustment of status 
under subsection (a) the same right to, and procedures for, 
administrative review as are provided to--
            (1) applicants for adjustment of status under section 245 
        of the Immigration and Nationality Act (8 U.S.C. 1255); or
            (2) aliens who are subject to removal proceedings under 
        section 240 of such Act (8 U.S.C. 1229a).
    (h) Exceptions to Numerical Limitations.--The numerical limitations 
set forth in sections 201 and 202 of the Immigration and Nationality 
Act (8 U.S.C. 1151 and 1152) shall not apply to aliens whose status is 
adjusted pursuant to subsection (a).

SEC. 3. CONFIDENTIALITY OF INFORMATION.

    (a) In General.--The Secretary of Homeland Security may not 
disclose or use information provided in applications filed under 
section 2 for the purpose of immigration enforcement.
    (b) Referrals Prohibited.--The Secretary may not refer any 
individual who has been granted permanent resident status under section 
2 to U.S. Immigration and Customs Enforcement, U.S. Customs and Border 
Protection, or any designee of either such entity.
    (c) Limited Exception.--Notwithstanding subsections (a) and (b), 
information provided in an application for permanent resident status 
under section 2 may be shared with Federal security and law enforcement 
agencies--
            (1) for assistance in the consideration of an application 
        for permanent resident status under such section;
            (2) to identify or prevent fraudulent claims;
            (3) for national security purposes; or
            (4) for the investigation or prosecution of any felony not 
        related to immigration status.
    (d) Penalty.--Any person who knowingly uses, publishes, or permits 
information to be examined in violation of this section shall be fined 
not more than $10,000.

SEC. 4. ADDITIONAL REPORTING REQUIREMENTS REGARDING FUTURE DISCONTINUED 
              ELIGIBILITY OF ALIENS FROM COUNTRIES CURRENTLY LISTED 
              UNDER TEMPORARY PROTECTED STATUS.

    Section 244(b)(3) of the Immigration and Nationality Act (8 U.S.C. 
1254a(b)(3)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``Attorney General'' each place 
                such term appears and inserting ``Secretary of Homeland 
                Security''; and
                    (B) by inserting ``(including a recommendation from 
                the Secretary of State that is received by the 
                Secretary of Homeland Security not later than 90 days 
                before the end of such period of designation)'' after 
                ``Government''; and
            (2) in subparagraph (B)--
                    (A) by striking ``If the Attorney General'' and 
                inserting the following:
                            ``(i) In general.--If the Secretary of 
                        Homeland Security''; and
                    (B) in clause (i), as designated by subparagraph 
                (A), by striking ``Attorney General'' and inserting 
                ``Secretary''; and
                    (C) by adding at the end the following:
                            ``(ii) Report.--Not later than 3 days after 
                        the publication of the Secretary's 
                        determination in the Federal Register that a 
                        country's designation under paragraph (1) is 
                        being terminated, the Secretary shall submit a 
                        report to the Committee on the Judiciary of the 
                        Senate and the Committee on the Judiciary of 
                        the House of Representatives that includes--
                                    ``(I) an explanation of the event 
                                or events that initially prompted such 
                                country's designation under paragraph 
                                (1);
                                    ``(II) the progress the country has 
                                made in remedying the designation under 
                                paragraph (1), including any 
                                significant challenges or shortcomings 
                                that have not been addressed since the 
                                initial designation;
                                    ``(III) a statement indicating 
                                whether the country has requested a 
                                designation under paragraph (1), a 
                                redesignation under such paragraph, or 
                                an extension of such designation; and
                                    ``(IV) an analysis, with applicable 
                                and relevant metrics, as determined by 
                                the Secretary, of the country's ability 
                                to repatriate its nationals, 
                                including--
                                            ``(aa) the country's 
                                        financial ability to provide 
                                        for its repatriated citizens;
                                            ``(bb) the country's 
                                        financial ability to address 
                                        the initial designation under 
                                        paragraph (1) without foreign 
                                        assistance;
                                            ``(cc) the country's gross 
                                        domestic product and per capita 
                                        gross domestic product per 
                                        capita;
                                            ``(dd) an analysis of the 
                                        country's political stability 
                                        and its ability to be 
                                        economically self-sufficient 
                                        without foreign assistance;
                                            ``(ee) the economic and 
                                        social impact the repatriation 
                                        of nationals in possession of 
                                        temporary protected status 
                                        would have on the recipient 
                                        country; and
                                            ``(ff) any additional 
                                        metrics the Secretary considers 
                                        necessary.''.

SEC. 5. OTHER MATTERS.

    (a) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions 
under section 101 of the Immigration and Nationality Act (8 U.S.C. 
1101) shall apply when such terms are used in this Act.
    (b) Savings Provision.--Nothing in this Act may be construed to 
repeal, amend, alter, modify, effect, or restrict the powers, duties, 
functions, or authority of the Secretary of Homeland Security in the 
administration and enforcement of the immigration laws.
    (c) Eligibility for Other Immigration Benefits.--Any alien who is 
eligible to be granted the status of an alien lawfully admitted for 
permanent residence under section 2 may not be precluded from seeking 
such status under any other provision of law for which the alien may 
otherwise be eligible.
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