TPS and DED Protection Act of 2021
Bill: H.R.2064 | Sponsor: Rep. Smith, Christopher H. (R-NJ)
Policy area: Immigration

Summary:
TPS and DED Protection Act of 2021
This bill provides a path to lawful permanent resident status for qualifying aliens who, on or before a certain date (1) had or were eligible for temporary protected status (TPS), or (2) had received deferred enforced departure (DED) status. (TPS is available to nationals of designated countries, and an alien with such status is allowed to remain in the United States with work authorization. DED status also prevents removal and provides work authorization.)
A qualifying alien must have been continually present in the United States for at least three years before this bill's enactment. An alien who previously had TPS or DED status and was removed or departed solely due to the termination of such status may apply for lawful admission as a permanent resident from abroad, subject to certain conditions. Certain grounds for inadmissibility, such as an alien likely being a public charge, shall not apply to aliens applying for permanent resident status under this bill.
The parents, spouse, or unmarried child of an alien admitted for permanent residence under this bill shall also be admitted for permanent residence.
Qualifying aliens admitted for permanent residence under this bill shall be eligible for naturalization. Language proficiency requirements related to naturalization shall be waived for such aliens.
Venezuela and Eritrea shall be treated as designated TPS countries.
Within three days after announcing the termination a country's designation for TPS, the Department of Justice shall report to Congress the circumstances surrounding the termination.

To amend the Immigration and Nationality Act to provide for certain 
 protections for aliens granted temporary protected status or deferred 
              enforced departure, 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 ``TPS and DED Protection Act of 
2021''.

SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NON-IMMIGRANT NATIONALS 
              GRANTED TEMPORARY PROTECTED STATUS OR DEFERRED ENFORCED 
              DEPARTURE.

    Title II of the Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.) is amended by inserting after section 244 the following (and 
amending the table of contents accordingly):

``SEC. 244A. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS IN RECEIPT OF 
              TEMPORARY PROTECTED STATUS OR DEFERRED ENFORCED 
              DEPARTURE.

    ``(a) In General.--The status of any alien described in subsection 
(c) shall be adjusted by the Secretary of Homeland Security to that of 
an alien lawfully admitted for permanent residence, if the alien--
            ``(1) applies for such adjustment within 3 years after the 
        date of enactment of this section;
            ``(2) is determined to be admissible to the United States 
        for permanent residence; and
            ``(3) meets the criteria established under subsection (c).
    ``(b) Certain Grounds for Inadmissibility Inapplicable.--
            ``(1) In general.--For purposes of determining 
        admissibility under subsection (a)(2), the grounds for 
        inadmissibility specified in paragraphs (4), (5), (6)(A), and 
        (7)(A) of section 212(a) of the Immigration and Nationality Act 
        shall not apply.
            ``(2) Additional waiver for individual aliens.--The 
        Secretary may waive any other provision of section 212(a) in 
        the case of an individual alien for humanitarian purposes, to 
        assure family unity, or when it is otherwise in the public 
        interest.
    ``(c) Aliens Eligible for Adjustment of Status.--
            ``(1) In general.--An alien shall be eligible for 
        adjustment of status if--
                    ``(A) the alien is a national of a country (or part 
                of a country) with a designation under 244(b) of the 
                Immigration and Nationality Act during the period 
                specified in section 244(b)(2) and who was granted 
                temporary protected status, or was otherwise eligible 
                for temporary protected status, on or before October 1, 
                2017, or has been granted Deferred Enforced Departure 
                (hereinafter in this section referred to as `DED') on 
                or before October 1, 2017; and
                    ``(B) the alien has been continuously physically 
                present in the United States for a period of not less 
                than 3 years before the date of the enactment of this 
                section.
            ``(2) TPS aliens previously removed or departed.--An alien 
        shall be eligible for adjustment of status if the alien was 
        removed or voluntarily departed from the United States on or 
        after September 25, 2016, if the alien--
                    ``(A) applies from abroad;
                    ``(B) was continuously physically present in the 
                United States for a period of not less than 3 years 
                before the date of removal or departure;
                    ``(C) had temporary protected status on such date, 
                or was otherwise eligible, on such date, for temporary 
                protected status notwithstanding subsections 
                (c)(1)(A)(iv) and (c)(3)(C) of section 244 of the 
                Immigration and Nationality Act (8 U.S.C. 1254a); and
                    ``(D) the sole reason for the alien's removal or 
                departure was--
                            ``(i) that the alien was present in the 
                        United States after the expiration of the 
                        designation of that foreign state (or part 
                        thereof) under section 244(b)(3)(B) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1254a(b)(3)(B)); or
                            ``(ii) in the case of a voluntary 
                        departure, the alien did so on the basis of the 
                        Secretary's determination to terminate such 
                        designation.
            ``(3) DED aliens previously removed or departed.--An alien 
        shall be eligible for adjustment of status if the alien was 
        removed or voluntarily departed from the United States on or 
        after September 28, 2016, if the alien--
                    ``(A) applies from abroad;
                    ``(B) is under a grant of Deferred Enforced 
                Departure as of September 28, 2016;
                    ``(C) was continuously physically present in the 
                United States for a period of not less than 3 years 
                before the date of removal or departure; and
                    ``(D) the sole reason for the alien's removal or 
                departure--
                            ``(i) was that the alien was present in the 
                        United States after the expiration of the 
                        deferral of enforced departure directed in the 
                        Presidential Memorandum on Deferred Enforced 
                        Departure for Liberians issued on September 28, 
                        2016, or any subsequent extension of such 
                        deferral; or
                            ``(ii) in the case of a voluntary 
                        departure, the alien did so on the basis of the 
                        President's determination to terminate such 
                        presidential memorandum or extension.
    ``(d) Waiver Authorized.--Notwithstanding any provision of the 
Immigration and Nationality Act, an alien who fails to meet the 
continuous physical presence requirement under paragraph (2) of 
subsection (c) shall be considered eligible for status adjustment as 
provided in this section if the Attorney General or the Secretary 
determines that the removal of the alien from the United States would 
result in extreme hardship to the alien, their spouse, their children, 
their parents, or their domestic partner.
    ``(e) Effect of Application on Certain Orders.--An alien present in 
the United States who has been ordered removed or has been granted 
voluntary departure from the United States may, notwithstanding such 
order, apply for adjustment of status under this section. Such alien 
shall not be required to file a separate motion to reopen, reconsider, 
or vacate the order of removal. If the Secretary approves the 
application, the Secretary shall cancel the order of removal. If the 
Secretary renders a final administrative decision to deny the 
application, the order of removal shall be effective and enforceable to 
the same extent as if the application had not been made.
    ``(f) Work Authorization.--The Secretary shall authorize an alien 
who has applied for adjustment of status under this section to engage 
in employment in the United States during the pendency of such 
application and shall provide the alien with an appropriate document 
signifying authorization of employment.
    ``(g) Adjustment of Status for Certain Family Members.--
            ``(1) In general.--The status of an alien shall be adjusted 
        by the Secretary to that of an alien lawfully admitted for 
        permanent residence if the alien--
                    ``(A) is the spouse, parent, or unmarried son or 
                daughter of an alien whose status is adjusted under 
                this section;
                    ``(B) applies for adjustment under this section 
                within 3 years after the date of enactment of this Act; 
                and
                    ``(C) is determined to be admissible to the United 
                States for permanent residence.
            ``(2) Certain grounds for inadmissibility inapplicable.--
        For purposes of determining admissibility under subsection 
        (g)(1)(C), the grounds for inadmissibility specified in 
        paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) shall 
        not apply.
    ``(h) Availability of Administrative Review.--The Secretary shall 
provide to aliens applying for adjustment of status under this section 
the same right to, and procedures for, administrative review as are 
provided to--
            ``(1) applicants for adjustment of status under section 
        245; or
            ``(2) aliens subject to removal proceedings under section 
        240.
    ``(i) No Offset in Number of Visas Available.--The granting of 
adjustment of status under this section shall not reduce the number of 
immigrant visas authorized to be issued under any provision of the 
Immigration and Nationality Act.
    ``(j) Treatment of Brief, Casual, and Innocent Departures and 
Certain Other Absences.--An alien who has failed to maintain the 3-year 
continuous physical presence requirement under subsection (c) because 
of brief, casual, and innocent departures or, emergency travel, or 
extenuating circumstances outside of the control of the alien, shall 
not be considered to have failed to maintain continuous physical 
presence in the United States.
    ``(k) Rule of Construction.--Nothing in this Act shall be construed 
to include aliens (as a class or individual basis) from previously 
designated countries that no longer have valid temporary protected 
status designation under section 244(b), or aliens who no longer have a 
valid deferred enforced departure status, unless such designated status 
or previously deferred enforced departure expires on or after January 
1, 2017.
    ``(l) Definitions.--In this section:
            ``(1) The term `domestic partner' means an adult of at 
        least 18 years of age in a committed relationship with the 
        alien applying for adjustment. A committed relationship is one 
        in which the employee and the domestic partner of the employee 
        are each other's sole domestic partner (and are not married to 
        or domestic partners with anyone else) and share responsibility 
        for a significant measure of each other's common welfare and 
        financial obligations. This includes, but is not limited to, 
        any relationship between two individuals of the same or 
        opposite sex that is granted legal recognition by a State or by 
        the District of Columbia as a marriage or analogous 
        relationship (including, but not limited to, a civil union).
            ``(2) The term `provide for its repatriated citizens' means 
        a country's ability to provide safety, and social safety net 
        services, including preventive healthcare services, and 
        housing.
            ``(3) The term `Deferred Enforced Departure' or `DED' 
        refers to the presidential directive issued on September 28, 
        2016.''.

SEC. 3. REPORTING REQUIREMENTS REGARDING FUTURE DISCONTINUED 
              ELIGIBILITY OF ALIENS FROM COUNTRIES CURRENTLY LISTED 
              UNDER TEMPORARY PROTECTED STATUS.

    (a) Additional Reporting Requirements.--Section 244(b)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1254a(b)(3)) is amended by 
adding at the end, the following:
                    ``(D) Report on terminations.--Within 3 days after 
                the Attorney General's announcement, including by 
                notice in the Federal Register, of a country's 
                designation being terminated from Temporary Protected 
                Status, the Attorney General shall submit to the 
                Committee on the Judiciary of the Senate and the House 
                Judiciary Committee a report that includes--
                            ``(i) an explanation of the event or events 
                        that initially prompted a country's designation 
                        under temporary protected status;
                            ``(ii) the progress the country has made in 
                        remedying the designation specified in clause 
                        (i), including any significant challenges or 
                        shortcomings that have not been addressed since 
                        the initial designation; and
                            ``(iii) an analysis, with applicable and 
                        relevant metrics as determined by the 
                        Secretary, of the country's ability to 
                        repatriate its nationals, including--
                                    ``(I) the country's financial 
                                ability to provide for its repatriated 
                                citizens;
                                    ``(II) the country's financial 
                                ability to address the initial 
                                designation specified in clause (i) 
                                without foreign assistance;
                                    ``(III) the country's gross 
                                domestic product, gross domestic 
                                product per capita, and an analysis of 
                                the country's ability to be 
                                economically self-sufficient without 
                                foreign assistance;
                                    ``(IV) the economic and social 
                                impact repatriation of nationals in 
                                possession of temporary protected 
                                status would have on the recipient 
                                country; and
                                    ``(V) any additional metrics the 
                                Secretary deems necessary.''.

SEC. 4. ADJUSTMENT OF RELATION OF PERIOD OF TEMPORARY PROTECTED STATUS 
              TO CANCELLATION OF REMOVAL.

    Section 244(e) of the Immigration and Nationality Act (8 U.S.C. 
1254a(e)) is amended--
            (1) by striking ``With respect to an alien'' and inserting 
        the following:
            ``(1) In general.--With respect to an alien''; and
            (2) by adding at the end, the following:
            ``(2) Waiver for certain temporary protected status 
        holders.--The provisions in subsection (e) shall not apply to 
        an alien who is eligible for adjustment of status pursuant to 
        section 244A of the Immigration and Nationality Act.''.

SEC. 5. ELIGIBILITY FOR NATURALIZATION.

    (a) In General.--Notwithstanding sections 319(b), 328, and 329 of 
the Immigration and Nationality Act (8 U.S.C. 1430(b), 1439, and 1440), 
an alien whose status is adjusted under section 244A of the Immigration 
and Nationality Act to that of an alien lawfully admitted for permanent 
residence may apply for naturalization under chapter 2 of title III of 
the Immigration and Nationality Act (8 U.S.C. 1421 et seq.) not earlier 
than 5 years after such adjustment of status.
    (b) Language Requirement Waiver.--Section 312(b)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1423(b)(2)) is amended--
            (1) in subparagraph (A), by adding ``or'' at the end;
            (2) in subparagraph (B), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(C) is an alien in receipt of status adjustment 
                under section 244A of the Immigration and Nationality 
                Act.''.

SEC. 6. 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 and 
        Eritrea shall be treated as if each 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 or Eritrea 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).
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