[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7371 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 7371

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 15, 2024

   Mr. Espaillat (for himself, Mr. Bowman, Ms. Norton, Mr. Garcia of 
Illinois, Mr. McGovern, Ms. Wasserman Schultz, Ms. Meng, Ms. Omar, Ms. 
 Lee of California, and Ms. Schakowsky) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
    to the Committee on the Budget, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
     To designate Ecuador under section 244 of the Immigration and 
   Nationality Act to permit nationals of Ecuador 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 ``Temporary Protected Status (TPS) for 
Ecuador Act of 2024''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In recent years, the nation of Ecuador, which was once 
        viewed as one of South America's model nations for security and 
        political stability, has been gripped by an unprecedented wave 
        of violence due to the country's infiltration by organized 
        crime and drug-trafficking gangs.
            (2) Between 2017 and 2023, the homicide rate in Ecuador 
        increased by 800%, rising from five homicides per 100,000 
        inhabitants in 2017 to 45 homicides per 100,000 inhabitants in 
        2023, depicting Ecuador's recent and rapid descent into a full-
        blown humanitarian crisis and spurring mass migration from the 
        once-peaceful nation.
            (3) Since 2021, the Government of Ecuador has declared 
        multiple states of emergency due to wave upon wave of gang-
        initiated violence that has resulted in brutal homicides, 
        routine extortion, regular prison riots, and multiple attacks 
        on civil society.
            (4) In August 2023, Ecuador's anti-gang presidential 
        candidate, Fernando Villavicencio, was assassinated, allegedly 
        by gang members.
            (5) Emboldened in the months that followed Villavicencio's 
        assassination, Ecuador's criminal gangs were responsible for a 
        new wave of violent deaths in late 2023 that caused Ecuador's 
        violent death rate in 2023 to nearly double over 2022's 
        already-elevated levels.
            (6) The month of January 2024 oversaw the worst spate of 
        gang-instigated violence in Ecuador in recent memory, 
        highlighted by additional gang-led prison riots and bombs 
        exploding in several cities.
            (7) On January 8, 2024, following the reported escape from 
        prison of gang leader Jose Adolfo ``Fito'' Macias, Ecuadorian 
        President Daniel Noba declared a 60-day national state of 
        emergency which declared the country of Ecuador to be engaged 
        in an ``internal armed conflict,'' imposed a nationwide curfew 
        for citizens, and authorized members of the Ecuadorian military 
        to patrol the streets and arrest suspected gang members.
            (8) On January 9, 2024, gang members conducted an armed 
        assault of a television news broadcast in Guayaquil, Ecuador, 
        with multiple armed men in masks hijacking a live broadcast, 
        firing several rounds of ammunition live on air, and injuring 
        multiple television station employees.
            (9) On January 17, 2024, also in Guayaquil, Ecuador, Cesar 
        Suarez, a criminal prosecutor who was actively investigating 
        organized crime in Ecuador, was shot dead in his car during his 
        morning commute.
            (10) In recent years and in early 2024, Ecuador's 
        humanitarian crisis catalyzed the mass migration to the United 
        States of ordinary Ecuadorian citizens fleeing unspeakable 
        violence and instability in their home country.
            (11) On January 25, 2024, Ecuadorian Foreign Minister 
        Gabriela Sommerfield actively called on the United States to 
        grant temporary protected status for Ecuadorian citizens.
            (12) Based on recent migration statistics compiled from the 
        American Community Survey, demographers estimate that as many 
        as 300,000 Ecuadorians currently residing in the U.S. could 
        benefit from a designation of temporary protected status, 
        providing them with life-saving protection from deportation and 
        allowing them access to work authorization in the United States 
        to support themselves and their families.
            (13) The crisis facing Ecuador amounts to extraordinary and 
        temporary conditions that prevent Ecuadorian nationals from 
        safely returning to Ecuador, thus meriting a temporary 
        protected status designation for no less than 18 months in 
        duration.

SEC. 3. 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), Ecuador shall 
        be treated as if such country had been designated under 
        subsection (b)(1)(C) of that section, subject to the provisions 
        of this section.
            (2) Mandatory period of designation.--The initial period of 
        the designation referred to in paragraph (1) shall be for no 
        less than the 18-month period beginning on the date of the 
        enactment of this Act, with subsequent renewals of temporary 
        protected status thereafter being subject to the discretion of 
        the Secretary of Homeland Security.
    (b) Aliens Eligible.--As a result of the designation made under 
subsection (a), an alien who is a national of Ecuador 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).

SEC. 4. 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.
                                 <all>