[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 207 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                 S. 207

 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.


_______________________________________________________________________


                   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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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.

SEC. 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).

SEC. 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)).''.

SEC. 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.''.

SEC. 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).

SEC. 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).''.

SEC. 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''.

SEC. 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.

SEC. 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.
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