Temporary Protected Status Reform and Integrity Act

Bill: 118-s-207
Sponsor: full_name: Sen. Lankford, James [R-OK]
Introduced: 2023-02-01
Policy area: Immigration
Latest action: action_date: 2023-02-01
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2023-02-01
action_desc: Introduced in Senate
text: <p><b>Temporary Protected Status Reform and Integrity Act</b></p> <p>This bill imposes additional requirements and restrictions relating to temporary protected status (TPS).</p> <p>(Generally, a country may be designated for TPS for a period of time due to certain conditions in that country, such as civil unrest. Eligible nationals of that country may receive work authorization and may not be removed from the United States.)</p> <p>Under this bill, the Department of Homeland Security (DHS) may extend a TPS designation once, but an act of Congress shall be required for subsequent extensions. Currently, congressional action is not required for extensions.</p> <p>Furthermore, DHS may not designate a country for TPS if that country's designation terminated in the last 18 months under certain conditions. Specifically, this prohibition applies if the earlier designation terminated because (1) DHS did not make a determination that the conditions justifying the initial designation continue to exist, or (2) DHS recommended granting a subsequent extension but Congress did not enact a law to authorize that extension. </p> <p>Similarly, if a country's TPS designation terminated under these conditions, DHS may not designate that country again based on the justification that supported the original designation.</p> <p>The bill also establishes additional restrictions on individuals seeking or receiving TPS protections, such as </p> <ul> <li>prohibiting an individual who entered the United States unlawfully from receiving TPS,</li> <li>further limiting the authority of DHS to waive certain grounds of inadmissibility for a TPS applicant, and</li> <li>imposing additional restrictions on TPS recipients traveling abroad for brief trips (i.e., an individual who travels under certain conditions loses TPS).</li> </ul>

tv_txt: II 118th CONGRESS 1st Session S. 207 IN THE SENATE OF THE UNITED STATES February 1, 2023 Mr. Lankford introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To modify the procedures for designating foreign states under section 244 of the Immigration and Nationality Act and granting temporary protected status to nationals of such foreign states.

1. Short title; table of contents (a) Short title This Act may be cited as the Temporary Protected Status Reform and Integrity Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Designation of a foreign state for temporary protected status. Sec. 3. Travel abroad by a registrant with temporary protected status. Sec. 4. Procedures upon termination of a temporary protected status designation. Sec. 5. Clarification of temporary protected status. Sec. 6. Filing of requests for temporary protected status. Sec. 7. Technical amendments. Sec. 8. Severability. Sec. 9. Effective date. 2. Designation of a foreign state for temporary protected status (a) In general Section 244(b) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(b) ) is amended— (1) by striking Attorney General each place such term appears and inserting Secretary of Homeland Security ; (2) in paragraph (1), in the undesignated matter following subparagraph (C), by inserting the Secretary of Homeland Security, not later than 30 days before such effective date, submits a report to Congress that contains all of the matters described in paragraph (3)(C)(ii) with respect to such designation and after unless ; and (3) in paragraph (3)— (A) by amending subparagraph (A) to read as follows: (A) Reviews (i) Initial review Not later than 90 days before the end of the initial period of designation of a foreign state (or part of a foreign state) under this subsection, the Secretary of Homeland Security, after consultation with the appropriate Federal agencies— (I) shall review the conditions in the foreign state (or part of the foreign state) for which such designation is in effect; and (II) may extend such designation for a period not to exceed 18 months if the Secretary— (aa) determines that the conditions for such designation continue to be met; and (bb) submits the information described in subparagraph (C)(ii) to Congress. (ii) Periodic reviews Not later than 90 days before the end of any extended period of designation beyond the first designation of a foreign state (or part of a foreign state) under this subsection, the Secretary of Homeland Security, after consultation with the appropriate Federal agencies— (I) shall review the conditions in the foreign state (or part of the foreign state) for which such designation is in effect; and (II) may make a determination as to whether the conditions for such designation continue to be met. ; (B) in subparagraph (B)— (i) by striking If the Attorney General and inserting the following: (i) Automatic termination A designation shall terminate on the date on which such designation, or the most recent extension of such designation, is scheduled to expire if— (I) the Secretary of Homeland Security does not make a determination under clause (i)(II) or (ii)(II) of subparagraph (A) that the conditions for such designation continue to be met; or (II) (aa) the Secretary of Homeland Security submits a recommendation to extend such designation pursuant to subparagraph (C)(i); and (bb) such extension is not expressly authorized by an Act of Congress that is enacted not later than 90 days after the date on which such recommendation is submitted. (ii) Effect of determination If the Secretary of Homeland Security ; and (ii) by striking the Attorney General and inserting the Secretary ; and (C) by striking subparagraph (C) and inserting the following: (C) Recommendation to congress on extensions of designation (i) Recommendation If the Secretary of Homeland Security determines, pursuant to subparagraph (A)(ii), that a foreign state (or part of a foreign state) continues to meet the conditions for designation under paragraph (1) and that such designation should receive a second or subsequent extension, the Secretary shall submit a recommendation to Congress to extend, by an Act of Congress, the period of designation of the foreign state (or part of the foreign state) for a period not to exceed 18 months. (ii) Matters to be included A recommendation under clause (i) shall include— (I) a justification for the extension, including a description of— (aa) the humanitarian concern in the foreign state (or part of a foreign state); or (bb) the reason for which the extension is otherwise in the national interest of the United States; and (II) a report to the appropriate congressional committees that includes— (aa) a summary of the country conditions information assessed by the Secretary of Homeland Security and the appropriate Federal agencies that with which the Secretary has consulted; (bb) copies of all sources from which the country conditions information described in item (aa) originated; (cc) an unredacted copy of the signed decision memo to designate or extend temporary protected status for the foreign state (or part of a foreign state); (dd) a justification for why the entire foreign state (rather than a part of the foreign state) merits such designation, if applicable; (ee) the analysis used to reach the decision described in item (dd); (ff) any local or regional variations in the country conditions which differ from the prior designation or requested redesignation; and (gg) the estimated or actual population of aliens from the foreign state (or part of such foreign state) residing in the United States— (AA) who have valid nonimmigrant status; (BB) who have been granted a discretionary reprieve from removal; (CC) who have overstayed any type of lawful status in the United States; (DD) who have never held lawful status in the United States; (EE) who have any sort of criminal record, with a description of the nature of such criminal record; (FF) who have traveled abroad during the period of designation, with the prior approval of the Secretary of Homeland Security; (GG) who have traveled abroad during the period of designation without the prior approval from the Secretary of Homeland Security; (HH) whose temporary protected status has been terminated for any reason; or (II) who have previously been ordered removed from the United States. (iii) Consultation (I) In general Not later than 30 days after submitting a recommendation described in clause (i) to Congress, the Secretary of Homeland Security shall provide a briefing to the appropriate congressional committees. (II) Consultation described Each consultation required under subclause (I) shall involve an in-person appearance by a designated cabinet-level representative of the President with members of the appropriate congressional committees to review the justification extending a designation under this subparagraph, including a discussion of the elements described in clause (ii). (D) Prohibition against new designations (i) In general Subject to clauses (ii) and (iii), the Secretary of Homeland Security may not designate a foreign state (or part of a foreign state) for which a designation has terminated pursuant to subparagraph (B)(i) during the 18-month period beginning on the date of such termination. (ii) Applicability Clause (i) shall not apply to a designation that is expressly authorized by an Act of Congress. (iii) Same or similar designation The Secretary of Homeland Security may not redesignate a foreign state (or part of a foreign state) for which a designation has terminated pursuant to subparagraph (B)(i) based on the same or a similar criteria, event, or justification. (E) Clarification regarding eligibility for temporary protected status (i) Treatment of prior status Any alien who has been admitted and held valid nonimmigrant status shall not be considered eligible for temporary protected status under this subsection unless such status is terminated not later than 180 days before the termination of a designation or an extension of a designation of temporary protected status. (ii) Treatment of criminal convictions Any alien who has been convicted of 2 or more misdemeanors or 1 or more felonies is not eligible for temporary protected status under this section. (iii) Unlawful entry or visa overstay eligibility Any alien who has entered the United States without inspection, has overstayed the period for which the alien has been lawfully admitted, has been issued a final order of removal, or otherwise is not lawfully present in the United States is not eligible for temporary protected status under this section. (iv) Prohibition on approval of requests for aliens who entered the United States after the date of designation (I) Late arrivals Notwithstanding any other provision of law, an alien who enters the United States after the date on which the Secretary designates a foreign state (or part of a foreign state) pursuant to paragraph (1) shall be considered ineligible to register for temporary protected status under this section. (II) Continuation of ineligibility Any alien who is determined to be ineligible for temporary protected status under this section is not eligible to receive such status during any extension of a designation of the foreign state (or part of a foreign state) of which such alien is a national. (III) Continuous presence requirement Any alien who failed to meet the continuous presence requirement as of the date on which the Secretary of Homeland Security designated the foreign state (or the part of a foreign state) of which the alien is national is not eligible to register for temporary protected status under this section. The date of the Secretary of Homeland Security’s designation shall be deemed to be the date on which the Secretary announces such decision, rather than the date on which such decision was published in the Federal Register. . (b) Conforming amendment Section 244(a) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(a) ) is amended by striking paragraph (5). 3. Travel abroad by a registrant with temporary protected status (a) In general Section 244(c) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(c) ) is amended— (1) in paragraph (3)(B), by striking except as and all that follows through permitted in subsection (f)(3), ; and (2) by amending paragraph (4) to read as follows: (4) Prohibition of travel abroad by a registrant with temporary protected status (A) Effect of failure to maintain continuous residence Except as provided in subparagraph (B), any alien who fails to maintain continuous residence for the duration of his or her temporary protected status in accordance with paragraph (1)(A)(i) shall have such status withdrawn immediately upon departure from the United States. (B) Exception for preapproved absences (i) In general An alien shall not be considered to have failed to maintain continuous residence in the United States under paragraph (1)(A)(ii) due to a brief absence from the United States that was approved by the Secretary of Homeland Security in advance. (ii) Effect on eligibility for parole Any alien who receives prior approval from the Secretary of Homeland Security for a brief absence from the United States is ineligible for parole under section 212(d)(5) upon returning to the United States. (C) Effect of return to country of nationality Any alien who receives prior approval from the Secretary of Homeland Security for a brief absence from the United States— (i) shall have his or her temporary protected status withdrawn upon entering any country which is designated under subsection (b); and (ii) does not have a right to reinstatement or appeal of such withdrawal upon termination of temporary protected status under clause (i). . (b) Disqualification of approved travel documents qualifying temporary protected status registrant for adjustment of status Section 304(c)(1) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 ( 8 U.S.C. 1254a note) is amended to read as follows: (1) Notwithstanding any other provision of law, an alien described in paragraph (2) who has been authorized by the Secretary of Homeland Security to travel abroad temporarily and who returns to the United States in accordance with such authorization is not eligible for adjustment of status under section 245(a) of the Immigration and Nationality Act ( 8 U.S.C. 1255(a) ). . 4. Procedures upon termination of a temporary protected status designation Section 244 of the Immigration and Nationality Act, as amended by sections 2 and 3, is further amended— (1) in subsection (b)— (A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; (B) by inserting after paragraph (3) the following: (4) Departure timeline If a designation of a foreign state (or part of a foreign state) is terminated pursuant to paragraph (3)(B)— (A) the Secretary of Homeland Security shall permit aliens granted temporary protected status as a result of such designation to remain in the United States for 180 days after the termination of such designation; (B) aliens who received employment authorization pursuant to such designation may not have such employment authorization extended beyond the earlier of— (i) the last day of the 180-day period described in subparagraph (A); and (ii) the date on which such employment authorization was previously scheduled to terminate; (C) aliens may not be shielded from removal to the country of designation upon conclusion of the 180-day period described in subparagraph (A); and (D) any alien who has not departed or obtained another lawful status within 180 days after the termination date described in subparagraph (A) shall be considered an enforcement priority by the Department of Homeland Security. ; and (C) in paragraph (6), as redesignated, by amending subparagraph (A) to read as follows: (A) Judicial review There shall be no judicial review of any determination of the Secretary of Homeland Security with respect to the designation, the termination or extension of a designation, or any collateral matters relating to the designation, termination, or extension of a foreign state (or part of a foreign state) under this subsection. ; and (2) in subsection (d), by amending paragraph (3) to read as follows: (3) Effective date of termination (A) In general Upon the termination of a designation pursuant to subsection (b)(3)(B), any alien granted temporary protected status as a result of such designation shall have 180 days to depart the United States. All benefits received by the alien as a result of such status shall be terminated not later than the last day of such 180-day period. (B) No new benefits approved The Secretary of Homeland Security may not grant any new benefits to aliens based on the designation of a foreign state (or part of a foreign state) under subsection (b) on or after the date on which such designation is terminated. . 5. Clarification of temporary protected status Section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ), as amended by sections 2, 3, and 4, is further amended— (1) in subsection (c), by amending paragraph (2) to read as follows: (2) Eligibility standards and relation of temporary protected status to other immigration benefits (A) Changing or adjusting status Any alien who registers under paragraph (1)(A)(iv) is ineligible, during the validity period of his or her temporary protected status registration— (i) to adjust his or her status under section 245; or (ii) to change his or her nonimmigrant classification under section 248. (B) Waiver of grounds of inadmissibility The Secretary of Homeland Security may not waive any provision under section 212(a) when considering an alien’s eligibility for temporary protected status. If an alien who is in temporary protected status on the date of the enactment of the Temporary Protected Status Reform and Integrity Act received a permanent waiver of any such provision before such date of enactment, such waiver shall remain in effect after such date of enactment. (C) Separate registration Notwithstanding any other provision of law, an alien’s registration for temporary protected status is separate and distinct from the conditions regarding inspection and admission described in any other section of this chapter ; and (2) in subsection (f)— (A) in the subsection heading, by striking Benefits and ; (B) by striking section— and all that follows through (2) and inserting section, ; and (C) by striking paragraphs (3) and (4). 6. Filing of requests for temporary protected status Section 244 of the Immigration and Nationality Act, as amended by sections 2, 3, 4, and 5, is further amended— (1) in subsection (c)(1)(B)— (A) by striking The amount of any such fee shall not exceed $50. ; and (B) by striking fee for providing and inserting fees for biometrics (including fingerprinting), re-registration, and providing ; (2) by redesignating subsection (i) as subsection (j); and (3) by inserting after subsection (h) the following: (i) Filing and processing of requests for temporary protected status (1) In general Not later than 180 days after the date of the enactment of the Temporary Protected Status Reform and Integrity Act , the Secretary of Homeland Security shall require all applications or requests for benefits related to a designation under subsection (b) to be filed and processed electronically. (2) Timely filing required No application or request for a benefit related to a designation under subsection (b) shall be considered properly filed and adjudicated if such application or request was filed not later than 90 days after the date on which the notice of such designation was published in the Federal Register. (3) Prohibition on fee waivers Notwithstanding any other provision of law, no alien who applies for or requests temporary protected status shall be eligible for a waiver of the fee required under subsection (c)(1)(B). . 7. Technical amendments Section 244 of the Immigration and Nationality Act, as amended by this Act, is further amended by striking Attorney General each place such term appears and inserting Secretary of Homeland Security . 8. Severability If any provision of this Act or any amendment made by this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the remaining provisions of this Act, to any person or circumstance, shall not be affected. 9. Effective date This Act and the amendments made by this Act shall take effect on the date that is 180 days after the date of the enactment of this Act.