Venezuela TPS Act of 2021
Bill: H.R.161 | Sponsor: Rep. Soto, Darren (D-FL)
Policy area: Immigration

Summary:
Venezuela TPS Act of 2021
This bill permits nationals of Venezuela to qualify for temporary protected status, which prevents their removal from the United States and allows them to obtain employment and travel authorization. Such status shall be available to qualifying nationals of Venezuela for 18 months starting from this bill's enactment.

To designate Venezuela under section 244 of the Immigration and 
  Nationality Act to permit nationals of Venezuela to be eligible for 
 temporary protected status under such section, 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 TITLE.

    This Act may be cited as the ``Venezuela TPS Act of 2021''.

SEC. 2. DESIGNATION FOR PURPOSES OF GRANTING TEMPORARY PROTECTED 
              STATUS.

    (a) Designation.--
            (1) In general.--For purposes of section 244 of the 
        Immigration and Nationality Act (8 U.S.C. 1254a), Venezuela 
        shall be treated as if it had been designated under subsection 
        (b)(1)(C) of that section, subject to the provisions of this 
        section.
            (2) Period of designation.--The initial period of the 
        designation referred to in paragraph (1) shall be for the 18-
        month period beginning on the date of the enactment of this 
        Act.
    (b) Aliens Eligible.--As a result of the designation made under 
subsection (a), an alien who is a national of Venezuela is deemed to 
satisfy the requirements under paragraph (1) of section 244(c) of the 
Immigration and Nationality Act (8 U.S.C. 1254a(c)), subject to 
paragraph (3) of such section, if the alien--
            (1) has been continuously physically present in the United 
        States since the date of the enactment of this Act;
            (2) is admissible as an immigrant, except as otherwise 
        provided in paragraph (2)(A) of such section, and is not 
        ineligible for temporary protected status under paragraph 
        (2)(B) of such section; and
            (3) registers for temporary protected status in a manner 
        established by the Secretary of Homeland Security.
    (c) Consent To Travel Abroad.--
            (1) In general.--The Secretary of Homeland Security shall 
        give prior consent to travel abroad, in accordance with section 
        244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 
        1254a(f)(3)), to an alien who is granted temporary protected 
        status pursuant to the designation made under subsection (a) if 
        the alien establishes to the satisfaction of the Secretary of 
        Homeland Security that emergency and extenuating circumstances 
        beyond the control of the alien require the alien to depart for 
        a brief, temporary trip abroad.
            (2) Treatment upon return.--An alien returning to the 
        United States in accordance with an authorization described in 
        paragraph (1) shall be treated as any other returning alien 
        provided temporary protected status under section 244 of the 
        Immigration and Nationality Act (8 U.S.C. 1254a).
    (d) Fee.--
            (1) In general.--In addition to any other fee authorized by 
        law, the Secretary of Homeland Security is authorized to charge 
        and collect a fee of $360 for each application for temporary 
        protected status under section 244 of the Immigration and 
        Nationality Act by a person who is only eligible for such 
        status by reason of subsection (a).
            (2) Waiver.--The Secretary of Homeland Security shall 
        permit aliens to apply for a waiver of any fees associated with 
        filing an application referred to in paragraph (1).

SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
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