118 HR 7371 IH: Temporary Protected Status (TPS) for Ecuador Act of 2024
U.S. House of Representatives
2024-02-15
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I
118th CONGRESS
2d Session
H. R. 7371
IN THE HOUSE OF REPRESENTATIVES
February 15, 2024
Mr. Espaillat (for himself, Mr. Bowman, Ms. Norton, Mr. García 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.
1.

Short title
This Act may be cited as the “Temporary Protected Status (TPS) for Ecuador Act of 2024”.
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 José Adolfo “Fito” Macías, 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.
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).
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.