[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4384 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 4384

   To amend the Immigration and Nationality Act to provide protected 
 status for certain aliens present in the United States, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 14, 2017

Ms. Clarke of New York (for herself, Ms. Ros-Lehtinen, Ms. Jayapal, Ms. 
  Lofgren, Ms. Jackson Lee, Mr. McGovern, Ms. Lee, Mr. Hastings, Ms. 
Wilson of Florida, and Mr. Correa) introduced the following bill; which 
             was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend the Immigration and Nationality Act to provide protected 
 status for certain aliens present in the United States, 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 ``Act to Sustain the Protection of 
Immigrant Residents Earned through TPS Act of 2017'' or the ``ASPIRE-
TPS Act of 2017''.

SEC. 2. PROTECTED STATUS FOR CERTAIN ALIENS PRESENT IN THE UNITED 
              STATES.

    The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
amended by inserting after section 244 the following:

``SEC. 244A. PROTECTED STATUS FOR CERTAIN ALIENS PRESENT IN THE UNITED 
              STATES.

    ``(a) In General.--Notwithstanding any other provision of law, 
including section 244(h), the Secretary of Homeland Security shall 
grant protected status under this section to an alien who meets the 
eligibility requirements under subsection (b).
    ``(b) Eligibility Requirements.--The eligibility requirements are 
the following:
            ``(1) On January 1, 2017, the alien had been granted or was 
        eligible for Deferred Enforced Departure or for temporary 
        protected status under section 244.
            ``(2) The alien has continuously resided in the United 
        States for the 5-year period prior to the date of the enactment 
        of this section.
            ``(3) The alien is admissible as an immigrant, except as 
        otherwise provided under paragraph (2)(A) of section 244, and 
        is not ineligible under paragraph (2)(B) of such section, 
        except that in making such a determination, no conviction for a 
        misdemeanor which conviction occurred earlier than 6 years 
        prior to the date on which the alien applies for status, or a 
        renewal of such status, under this section may be considered.
            ``(4) To the extent and in a manner which the Secretary 
        establishes, the alien registers for the protected status under 
        this section during a registration period of not less than one 
        year.
    ``(c) Duration of Status.--Protected status under this section 
shall be for a period of 6 years, and may be renewed for additional 6-
year periods. An alien seeking to renew protected status under this 
section shall re-register with the Secretary.
    ``(d) Notice.--
            ``(1) In general.--Not later than 30 days after the first 
        day of the registration period under subsection (b)(4), the 
        Secretary shall provide each alien who was granted temporary 
        protected status under section 244 or Deferred Enforced 
        Departure with information concerning protected status under 
        this section.
            ``(2) Removal proceedings.--
                    ``(A) In general.--The Secretary shall promptly 
                notify any alien against whom removal proceedings are 
                initiated who is a national of a country (or in the 
                case of an alien having no nationality, the country in 
                which the alien last habitually resided) that on 
                January 1, 2017, was designated under section 244 or 
                under the Deferred Enforced Departure program, that 
                status under this section may be available.
                    ``(B) Removal proceedings initiated prior to the 
                date of enactment.--The Secretary shall promptly notify 
                any alien who is in removal proceedings on the date of 
                the enactment of this section and who is a national of 
                a country (or in the case of an alien having no 
                nationality, the country in which the alien last 
                habitually resided) that on January 1, 2017, was 
                designated under section 244 or under the Deferred 
                Enforced Departure program, that status under this 
                section may be available.
            ``(3) Form.--Notices under this paragraph shall be provided 
        in a form and language that the alien can understand.
    ``(e) Temporary Treatment for Eligible Aliens.--
            ``(1) Registration not available.--In the case of an alien 
        who can establish a prima facie case of eligibility for 
        protected status under this section, but for the fact that the 
        period of registration under subsection (b)(4) has not begun, 
        until the alien has had a reasonable opportunity to register 
        during the first 30 days of such period, the Secretary shall 
        provide the alien with work authorization under subsection (f), 
        and shall not initiate or proceed with removal proceedings 
        against the alien.
            ``(2) Determination pending.--In the case of an alien who 
        establishes a prima facie case of eligibility for protected 
        status under this section, until a final determination with 
        respect to the alien's eligibility for such status has been 
        made, the Secretary shall provide the alien with work 
        authorization under subsection (f), and shall not initiate or 
        proceed with removal proceedings against the alien.
    ``(f) Work Authorization.--
            ``(1) In general.--The Secretary shall authorize each alien 
        granted protected status under this section to engage in 
        employment in the United States and provide the alien with an 
        `employment authorized' endorsement or other appropriate work 
        permit.
            ``(2) Duration.--Work authorization provided under this 
        section shall be effective throughout the period the alien is 
        in protected status.
    ``(g) Fees.--The Secretary may require payment of a reasonable fee, 
in an amount not to exceed $50, as a condition of registering an alien 
under this section. The Secretary may impose a separate, additional fee 
for providing an alien with documentation of work authorization. 
Notwithstanding section 3302 of title 31, United States Code, all fees 
collected under this subparagraph shall be credited to the 
appropriation to be used in carrying out this section.
    ``(h) Withdrawal of Protected Status.--The Secretary shall withdraw 
protected status granted to an alien under this section if--
            ``(1) the Secretary finds that the alien was not in fact 
        eligible for such status under this section; or
            ``(2) the alien fails, without good cause, to register with 
        the Secretary at the end of each 36-month period after the 
        granting of such status, in a form and manner specified by the 
        Secretary.
    ``(i) Treatment of Brief, Casual, and Innocent Departures and 
Certain Other Absences.--
            ``(1) In general.--For purposes of subsection (b)(2), an 
        alien shall not be considered to have failed to maintain 
        continuous residence in the United States by virtue of brief, 
        casual, and innocent absences from the United States without 
        regard to whether such absences were authorized by the 
        Secretary.
            ``(2) Renewal of protected status.--For purposes of 
        subsection (b)(2), in the case of an alien seeking to renew 
        protected status under this section, absence from the United 
        States for a continuous period, beginning on the date on which 
        the Secretary most recently granted or renewed the alien's 
        protected status under this section--
                    ``(A) of one year or less, shall not break the 
                continuity of such residency requirement; and
                    ``(B) of longer than one year, shall break the 
                continuity of such residence, unless the applicant 
                establishes to the satisfaction of the Secretary that 
                he did not abandon his residence in the United States 
                during such period.
    ``(j) Confidentiality.--
            ``(1) In general.--The Secretary may not disclose or use 
        information provided under this section for the purpose of 
        enforcing the immigration laws.
            ``(2) Referrals prohibited.--The Secretary may not refer 
        any alien granted protected status under this section to U.S. 
        Immigration and Customs Enforcement or to U.S. Customs and 
        Border Protection.
            ``(3) Exception.--Notwithstanding paragraphs (1) and (2), 
        the Secretary may disclose information provided under this 
        section to Federal security and law enforcement agencies--
                    ``(A) for assistance in the consideration of an 
                application for protected status under this section;
                    ``(B) to identify or prevent fraudulent claims for 
                protected status under this section;
                    ``(C) for national security purposes; and
                    ``(D) in relation to the investigation or 
                prosecution of any felony not related to the alien's 
                immigration status.
            ``(4) Penalty.--Whoever knowingly discloses or uses 
        information in violation of this subsection shall be fined not 
        more than $10,000.
    ``(k) Treatment During Period of Protected Status.--During a period 
in which an alien is granted protected status under this section--
            ``(1) the alien shall be considered a qualified alien for 
        purposes of title IV of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996;
            ``(2) the alien may travel abroad without the prior consent 
        of the Secretary; and
            ``(3) for purposes of adjustment of status under section 
        245 and change of classification under section 248, the alien 
        shall be considered as having been inspected and admitted into 
        the United States, and as being in, and maintaining lawful 
        status as a nonimmigrant.
    ``(l) Clarification.--Nothing in this section shall be construed as 
authorizing the Secretary to deny protected status to an alien based on 
the alien's immigration status or to require any alien, as a condition 
of being granted such status, either to relinquish nonimmigrant or 
other status the alien may have or to execute any waiver of other 
rights under this chapter. The granting of protected status under this 
section shall not be considered to be inconsistent with the granting of 
nonimmigrant status under this chapter.
    ``(m) Adjustment of Status in Cases of Extreme Hardship.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, including section 244(h), 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) meets the eligibility requirements of 
                paragraphs (1) and (3) of subsection (b);
                    ``(B) establishes that removal would result in 
                extreme hardship to the alien or to the alien's United 
                States citizen or lawful permanent resident spouse, 
                parent, or child; and
                    ``(C) submits an application to the Secretary.
            ``(2) Numerical limitations do not apply.--The numerical 
        limitations of sections 201 and 202 shall not apply to the 
        adjustment of aliens to lawful permanent resident status under 
        this section.
            ``(3) Rule of construction.--This subsection does not 
        prevent an alien granted protected status under this section 
        who does not meet the requirement of paragraph (1)(B) from 
        adjusting status under section 245.
    ``(n) Review.--The Secretary shall establish a process for an alien 
denied protected status under this section to seek review of such a 
determination. Such process shall not prevent an alien from asserting 
eligibility for status under this section in removal proceedings.''.

SEC. 3. TEMPORARY PROTECTED STATUS CLARIFICATIONS.

    (a) Expunged Convictions Not a Bar.--Section 244(c)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)) is amended by 
adding at the end the following:
                    ``(C) Conviction.--For purposes of this paragraph, 
                the term `conviction' does not include an adjudication 
                or judgment of guilt that has been dismissed, expunged, 
                deferred, annulled, invalidated, withheld, or vacated, 
                an order of probation without entry of judgment, or any 
                similar disposition.''.
    (b) Aliens Considered Inspected and Admitted Into the United 
States.--Section 244(f)(4) of the Immigration and Nationality Act (8 
U.S.C. 1254a(f)(4)) is amended by inserting after ``considered'' the 
following: ``as having been inspected and admitted into the United 
States, and''.

SEC. 4. REPORT ON PROTECTED STATUS.

    On the date that is 90 days after the date of the enactment of this 
Act, and every 90 days thereafter, the Secretary of Homeland Security 
shall submit to the Committees on the Judiciary of the House of 
Representatives and of the Senate a report that includes, for the 
previous 90-day period--
            (1) the number of aliens who submitted applications to the 
        Secretary for protected status under section 244A of the 
        Immigration and Nationality Act;
            (2) the number of such applications that were approved;
            (3) the number of aliens present in the United States with 
        protected status, including information related to the States 
        in which such aliens reside, the ages of such aliens, and the 
        duration of their residence in the United States; and
            (4) any additional information determined appropriate by 
        the Secretary.
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