Title: SECURE Act
Policy area: Immigration

Summary:
Safe Environment from Countries Under Repression and Emergency Act or the SECURE Act
This bill permits a qualifying alien who is not inadmissible or deportable under certain criminal or security grounds or who did not participate in persecution to apply for adjustment to lawful permanent resident status if such alien: (1) is in temporary protected status (TPS), (2) held TPS status, (3) qualified for TSP status at the time of the Department of Homeland Security's (DHS) last TPS designation, or (4) is a national of a foreign country that was at any time a TPS-designated country. TPS designation permits eligible nationals of designated counties affected by armed conflict or natural disasters to temporarily reside and work in the United States.
An alien who has applied for status adjustment may work while the application is pending.
The spouse, domestic partner, child, or unmarried son or daughter of an alien who has adjusted to lawful permanent resident status may also adjust to such status subject to certain conditions. An unmarried son or daughter must additionally establish physical presence in the United States for at least one year.
An alien subject to a final order of removal may not be removed if the alien has a pending status adjustment application or is prima facie eligible to file an application and indicates an intention to do so. An alien who raises the defense of status adjustment eligibility may not be removed unless DHS has already denied the alien's application.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2144 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 2144

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 16, 2017

Mr. Van Hollen (for himself, Mr. Cardin, Mrs. Feinstein, Mr. Reed, Ms. 
 Hirono, Mrs. Gillibrand, Mr. Markey, Ms. Harris, Mr. Whitehouse, and 
 Ms. Cortez Masto) 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.

    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 ``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) 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) shall be adjusted by 
        the Secretary of Homeland Security to that of an alien lawfully 
        admitted for permanent residence if the alien--
                    (A) is not inadmissible under paragraph (2) or (3) 
                of section 212(a) of such Act (8 U.S.C. 1182(a));
                    (B) is not deportable under paragraph (2), (3), or 
                (4) of section 237(a) of such Act (8 U.S.C. 1227(a)); 
                and
                    (C) is not described in section 208(b)(2)(A)(i) of 
                such Act (8 U.S.C. 1158(b)(2)(A)(i)).
            (2) Relationship of application to certain orders.--
                    (A) In general.--An alien who is present in the 
                United States and has been ordered removed, or 
                permitted voluntarily to depart, from the United States 
                under any provision of the Immigration and Nationality 
                Act (8 U.S.C. 1101 et seq.) may, notwithstanding such 
                order, apply for adjustment of status under paragraph 
                (1).
                    (B) Motion not required.--An alien described in 
                subparagraph (A) 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 an order described in such subparagraph.
                    (C) Approval.--If the Secretary of Homeland 
                Security approves an application submitted by an alien 
                under subparagraph (A), the Secretary shall cancel the 
                order related to the alien that is referred to in such 
                subparagraph.
                    (D) Denial.--If the Secretary of Homeland Security 
                renders a final administrative decision to deny an 
                application submitted by an alien under subparagraph 
                (A), the order related to such alien 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 (8 
                U.S.C. 1254a);
                    (ii) held temporary protected status as a national 
                of a designated country listed in paragraph (1); or
                    (iii) qualified for temporary protected status at 
                the time the last designation was made by the Secretary 
                of Homeland Security;
                    (C) has been continuously present in the United 
                States for at least 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; 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 
        to receive an adjustment of status under this section if the 
        Attorney General or the Secretary of Homeland Security 
        determines that the removal of the alien from the United States 
        would result in extreme hardship to the alien or 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) 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.
    (e) 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 19 (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).
    (f) 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. 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 ``the Attorney General'' and 
                inserting ``, the Secretary of Homeland Security'';
                    (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
                    (C) by striking ``The Attorney General'' and 
                inserting ``The Secretary''; 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'';
                    (B) in clause (i), as redesignated, 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 shall 
                        include--
                                    ``(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 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. 4. OTHER MATTERS.

    (a) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions 
in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall 
apply 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.--An 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.
                                 <all>