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§ 6701. General
The Attorney General may grant an alien temporary protected status in
the United States as provided in this chapter. During the period that the
status is in effect for the alien—
(1) the Attorney General may not detain the alien on the basis of
the alien’s immigration status in the United States;
(2) the Attorney General may not deport the alien;
(3) the Attorney General shall authorize the alien to work in the
United States;
(4) the alien is not residing permanently in the United States under
color of law;
(5) a State or political subdivision of a State that provides public
assistance may find the alien ineligible for the assistance;
(6) the alien may travel outside the United States with the prior con-
sent of the Attorney General; and
(7) the alien is deemed to be maintaining lawful status as a non-
immigrant for purposes of sections 9101(f)(3) and 9109 of this title.
§ 6702. Granting the status
(a) GENERAL REQUIREMENTS FOR GRANTING.—The Attorney General
may grant temporary protected status in the United States to an alien
who—
(1) is a national of, or has no nationality but last habitually resided
in, a foreign country designated, or designated in part, under section
6703 of this title;
(2) has been physically present in the United States continuously
since the effective date of the most recent designation of that country
or part of that country under section 6703 of this title;
(3) has resided in the United States continuously since a date the
Attorney General may specify;
(4) is admissible as an immigrant, except that for purposes of this
clause—
(A) sections 4311(a) and 6313 of this title do not apply;
(B) the Attorney General may waive subchapter I of chapter 63
of this title (except as provided in subclause (C) of this clause)
for an individual alien for humanitarian purposes, to ensure family
unity, or when it is otherwise in the public interest; and
(C) the Attorney General may not waive section 6307(a)(1)–(4),
6308(a)–(c), or 6309 of this title, except as section 6307(a)(3) re-
lates to a single offense of simple possession of not more than 30
grams of marijuana; and
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(5) registers for the temporary protected status during a registration
period of at least 180 days, to the extent and in the way the Attorney
General establishes.
(b) PROHIBITIONS
ON GRANTING.—Notwithstanding subsection (a) of
this section, the Attorney General may not grant temporary protected status
to an alien if the Attorney General finds that the alien—
(1) has been convicted of a felony or more than one misdemeanor
committed in the United States; or
(2) is described in section 6538(e)(2) of this title.
(c) BRIEF, CASUAL, AND INNOCENT ABSENCES.—(1) An alien does not
fail to maintain continuous physical presence in the United States under
subsection (a)(2) of this section or section 6707(2) of this title because of
a brief, casual, and innocent absence from the United States, whether or
not authorized by the Attorney General.
(2) An alien does not fail to maintain continuous residence in the United
States under subsection (a)(3) of this section because of a brief, casual, and
innocent absence from the United States, whether or not authorized by the
Attorney General, or because of a brief temporary trip outside the United
States required by emergency or extenuating circumstances beyond the con-
trol of the alien.
(d) STATUS PENDING REGISTRATION OR FINAL DECISION.—(1) If an
alien can establish a prima facie case of eligibility for temporary protected
status under this chapter except that the period of registration under sub-
section (a)(5) of this section has not begun, the Attorney General shall pro-
vide the alien with the benefits of the status until the alien has had a rea-
sonable opportunity to register during the first 30 days of the registration
period.
(2) If an alien establishes a prima facie case of eligibility for temporary
protected status under this chapter, the Attorney General shall provide the
alien with the benefits of the status until a final decision is made on the
alien’s eligibility.
(e) CONFIDENTIALITY.—The Attorney General shall establish procedures
to protect the confidentiality of information provided by an alien under this
chapter.
(f) NO AUTHORIZATION TO APPLY FOR ADMISSION OR TO BE ADMIT-
TED.—This chapter does not authorize an alien to apply for admission, or
to be admitted, to the United States to apply for temporary protected status
under this chapter.
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§ 6703. Designation of foreign countries
(a) GENERAL.—After consultation with appropriate agencies, the Attor-
ney General may designate a foreign country or part of a foreign country
under this section if the Attorney General finds that—
(1) there is an armed conflict in the country that would pose a seri-
ous threat to the personal safety of nationals of that country if they
were required to return to that country or part of that country;
(2)(A) there has been an earthquake, flood, drought, epidemic, or
other environmental disaster in the country resulting in a substantial,
but temporary, disruption of living conditions in the area affected by
the disaster;
(B) the country temporarily is unable to handle returning nationals
adequately; and
(C) the government of the country officially has requested designa-
tion under this clause (2); or
(3) extraordinary and temporary conditions exist in the country that
prevent nationals from returning to that country in safety, unless the
Attorney General finds that permitting the aliens to remain temporarily
in the United States is contrary to the interest of the United States.
(b) PUBLICATION OF DESIGNATIONS.—A designation under subsection
(a) of this section is effective only if notice of the designation (including a
statement of the findings under subsection (a) and the effective date of the
designation) is published in the Federal Register. The Attorney General
shall include in the notice an estimate of the number of nationals of the
designated country who are, or within the effective period of the designation
are likely to become, eligible for temporary protected status under this chap-
ter and their immigration status in the United States.
(c) EFFECTIVE PERIOD OF DESIGNATIONS.—A designation under this
section—
(1) takes effect on the date the notice is published under subsection
(b) of this section or a later date the Attorney General specifies in the
notice; and
(2) remains in effect until terminated under subsection (d) of this
section.
(d) PERIODIC REVIEWS, EXTENSIONS, AND TERMINATIONS.—(1) The
first period of designation of a foreign country or part of a foreign country
is the period specified by the Attorney General. The period shall be at least
6 months but not more than 18 months.
(2) At least 60 days before the end of the first period of designation and
each extended period of designation, the Attorney General, after consulta-
tion with appropriate agencies, shall review the conditions in the designated