TPS Reform Act of 2016

To amend the Immigration and Nationality Act to modify the procedure to designate a foreign state, and for other purposes. 1. Short title This Act may be cited as the TPS Reform Act of 2016 2. Temporary Protected Status (a) Power To designate a foreign state Section 244(b) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(b) (1) by striking paragraphs (1), (2), and (3) and inserting the following: (1) Initial designation For purposes of this section, a foreign state shall be designated upon the enactment of an Act that satisfies the following requirements: (A) The Act shall contain a finding— (i) that there is an ongoing armed conflict within the state and, due to such conflict, requiring the return of aliens who are nationals of that state (or to the part of the state) would pose a serious threat to their personal safety; (ii) that— (I) there has been an earthquake, flood, drought, epidemic, or other immediately life-threatening environmental disaster in the state resulting in a substantial, but temporary, disruption of living conditions in the area affected; (II) the foreign state is unable, temporarily, to handle adequately the return to the state of aliens who are nationals of the state; and (III) the foreign state officially has requested designation under this subparagraph; or (iii) that there exist extraordinary and temporary conditions in the foreign state that prevent aliens who are nationals of the state from returning to the state in safety and that permitting the aliens to remain temporarily in the United States is not contrary to the national interest of the United States. (B) The Act shall include— (i) an estimate of the number of nationals of the foreign state who are (or within the effective period of the designation are likely to become) eligible for temporary protected status under this section; (ii) such nationals’ immigration status in the United States; and (iii) a time period for the effectiveness of the designation that is not greater than 18 months. (2) Termination (A) Timely termination If an initial designation of a foreign state is not extended under paragraph (3), the initial designation shall terminate at the end of the time period described in paragraph (1)(B)(iii). (B) Early termination For purposes of this section, the designation of a foreign state shall be terminated upon the enactment of an Act that contains a finding that the foreign state (or part of such foreign state) no longer meets the conditions for designation under paragraph (1)(A). (3) Extension For purposes of this section, the time period for the effectiveness of the designation of a foreign state shall be extended upon the enactment of an Act that includes— (A) a finding that the conditions for designation under paragraph (1)(A) continue to be met; and (B) a time period for the effectiveness of the extension that is not greater than 12 months. ; and (2) in paragraph (5)(A), by striking of the Attorney General made in any Act (b) Aliens lacking lawful immigration status Section 244(c)(2)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(c)(2)(B) (1) in clause (i), by striking , or (2) in clause (ii), by striking the period at the end and inserting ; or (3) by adding at the end the following: (iii) the alien lacks a lawful immigration status. . (c) Conforming amendments Section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a et seq. (1) in subsection (d)(3), by striking If the Attorney General terminates the designation of a foreign state (or part of such foreign state) under subsection (b)(3)(B) If the designation of a foreign state (or part of such foreign state) is terminated under section 244(b)(2) (2) in subsection (i)(1)— (A) in subparagraph (A), by striking the comma at the end and adding ; and (B) in subparagraph (B), by striking , and (C) by striking subparagraph (C). (d) Technical corrections Section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a Attorney General Secretary of Homeland Security

Summary: TPS Reform Act of 2016 This bill amends the Immigration and Nationality Act to revise the criteria for designation of a foreign state as eligible to have its citizens be given temporary protected status (TPS) in the United States. Such revisions include the following: (1) such a foreign state shall be designated by an Act of Congress rather than by the Department of Justice; (2) such Act must find that an environmental disaster in such a foreign state is immediately life-threatening; (3) such Act may provide for early termination of a foreign state's designation; (4) such Act shall include an estimate of the number of a foreign state's nationals who are TPS eligible, their U.S. immigration status, and a time period for the effectiveness of the designation of not more than 18 months; and (5) an alien lacking lawful immigration status shall be ineligible for TPS.