[House Report 116-97]
[From the U.S. Government Publishing Office]


116th Congress    }                                   {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                   {        116-97

======================================================================



 
                      AMERICAN PROMISE ACT OF 2019

                                _______
                                

  May 30, 2019.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Nadler, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 2821]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 2821) to authorize the cancellation of removal and 
adjustment of status of certain nationals of certain countries 
designated for temporary protected status or deferred enforced 
departure, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     7
Background and Need for the Legislation..........................     7
Hearings.........................................................    10
Committee Consideration..........................................    11
Committee Votes..................................................    11
Committee Oversight Findings.....................................    15
Committee Estimate of Budgetary Effects..........................    15
New Budget Authority, Entitlement Authority, and Tax Expenditures    15
Congressional Budget Office Cost Estimate........................    15
Duplication of Federal Programs..................................    18
Performance Goals and Objectives.................................    18
Advisory on Earmarks.............................................    18
Section-by-Section Analysis......................................    18
Dissenting Views.................................................    21

    The amendment is as follows:
  Strike all that follows after the enacting clause and insert 
the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``American Promise Act of 2019''.

TITLE I--TREATMENT OF CERTAIN NATIONALS OF CERTAIN COUNTRIES DESIGNATED 
     FOR TEMPORARY PROTECTED STATUS OR DEFERRED ENFORCED DEPARTURE

SEC. 101. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF CERTAIN 
                    COUNTRIES DESIGNATED FOR TEMPORARY PROTECTED STATUS 
                    OR DEFERRED ENFORCED DEPARTURE.

  (a) In General.--Notwithstanding any other provision of law, the 
Secretary or the Attorney General shall cancel the removal of, and 
adjust to the status of an alien lawfully admitted for permanent 
residence, an alien described in subsection (b) if the alien--
          (1) applies for such adjustment, including submitting any 
        required documents under section 207, not later than 3 years 
        after the date of the enactment of this Act;
          (2) has been continuously physically present in the United 
        States for a period of not less than 3 years before the date of 
        the enactment of this Act; and
          (3) is not inadmissible under paragraph (1), (2), (3), 
        (6)(D), (6)(E), (6)(F), (6)(G), (8), or (10) of section 212(a) 
        of the Immigration and Nationality Act (8 U.S.C. 1182(a)).
  (b) Aliens Eligible for Adjustment of Status.--An alien shall be 
eligible for adjustment of status under this section if the alien is an 
individual--
          (1) who--
                  (A) is a national of a foreign state (or part 
                thereof) (or in the case of an alien having no 
                nationality, is a person who last habitually resided in 
                such state) with a designation under subsection (b) of 
                section 244 of the Immigration and Nationality Act (8 
                U.S.C. 1254a(b)) on January 1, 2017, who had or was 
                otherwise eligible for temporary protected status on 
                such date notwithstanding subsections (c)(1)(A)(iv) and 
                (c)(3)(C) of such section; and
                  (B) has not engaged in conduct since such date that 
                would render the alien ineligible for temporary 
                protected status under section 244(c)(2) of the 
                Immigration and Nationality Act (8 U.S.C. 1245a(c)(2)); 
                or
          (2) who was eligible for Deferred Enforced Departure as of 
        January 1, 2017, and has not engaged in conduct since that date 
        that would render the alien ineligible for Deferred Enforced 
        Departure.
  (c) Application.--
          (1) Fee.--The Secretary shall, subject to an exemption under 
        section 203(c), require an alien applying for adjustment of 
        status under this section to pay a reasonable fee that is 
        commensurate with the cost of processing the application, but 
        does not exceed $1,140.
          (2) Background checks.--The Secretary may not grant an alien 
        permanent resident status on a conditional basis under this 
        section until the requirements of section 202 are satisfied.
          (3) Withdrawal of application.--The Secretary of Homeland 
        Security shall, upon receipt of a request to withdraw an 
        application for adjustment of status under this section, cease 
        processing of the application and close the case. Withdrawal of 
        the application under this subsection shall not prejudice any 
        future application filed by the applicant for any immigration 
        benefit under this Act or under the Immigration and Nationality 
        Act (8 U.S.C. 1101 et seq).

                      TITLE II--GENERAL PROVISIONS

SEC. 201. DEFINITIONS.

  (a) In General.--In this Act:
          (1) In general.--Except as otherwise specifically provided, 
        any term used in this Act that is used in the immigration laws 
        shall have the meaning given such term in the immigration laws.
          (2) Disability.--The term ``disability'' has the meaning 
        given such term in section 3(1) of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12102(1)).
          (3) Federal poverty line.--The term ``Federal poverty line'' 
        has the meaning given such term in section 213A(h) of the 
        Immigration and Nationality Act (8 U.S.C. 1183a).
          (4) Immigration laws.--The term ``immigration laws'' has the 
        meaning given such term in section 101(a)(17) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
          (5) Secretary.--Except as otherwise specifically provided, 
        the term ``Secretary'' means the Secretary of Homeland 
        Security.
          (6) Uniformed services.--The term ``Uniformed Services'' has 
        the meaning given the term ``uniformed services'' in section 
        101(a) of title 10, United States Code.
  (b) Treatment of Expunged Convictions.--For purposes of adjustment of 
status under this Act, the terms ``convicted'' and ``conviction'', as 
used in sections 212 and 244 of the Immigration and Nationality Act (8 
U.S.C. 1182, 1254a), do not include a judgment that has been expunged 
or set aside, that resulted in a rehabilitative disposition, or the 
equivalent.

SEC. 202. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA; BACKGROUND 
                    CHECKS.

  (a) Submission of Biometric and Biographic Data.--The Secretary may 
not grant an alien adjustment of status under this Act unless the alien 
submits biometric and biographic data, in accordance with procedures 
established by the Secretary. The Secretary shall provide an 
alternative procedure for aliens who are unable to provide such 
biometric or biographic data because of a physical impairment.
  (b) Background Checks.--The Secretary shall use biometric, 
biographic, and other data that the Secretary determines appropriate to 
conduct security and law enforcement background checks and to determine 
whether there is any criminal, national security, or other factor that 
would render the alien ineligible for adjustment of status under this 
Act. The status of an alien may not be adjusted unless security and law 
enforcement background checks are completed to the satisfaction of the 
Secretary.

SEC. 203. LIMITATION ON REMOVAL; APPLICATION AND FEE EXEMPTION; WAIVER 
                    OF GROUNDS FOR INADMISSIBILITY AND OTHER CONDITIONS 
                    ON ELIGIBLE INDIVIDUALS.

  (a) Limitation on Removal.--An alien who appears to be prima facie 
eligible for relief under this Act shall be given a reasonable 
opportunity to apply for such relief and may not be removed until, 
subject to section 206(c), a final decision establishing ineligibility 
for relief is rendered.
  (b) Application.--An alien present in the United States who has been 
ordered removed or has been permitted to depart voluntarily from the 
United States may, notwithstanding such order or permission to depart, 
apply for adjustment of status under this Act. Such alien shall not be 
required to file a separate motion to reopen, reconsider, or vacate the 
order of removal. If the Secretary approves the application, the 
Secretary shall cancel the order of removal. If the Secretary renders a 
final administrative decision to deny the application, the order of 
removal or permission to depart shall be effective and enforceable to 
the same extent as if the application had not been made, only after all 
available administrative and judicial remedies have been exhausted.
  (c) Fee Exemption.--An applicant may be exempted from paying an 
application fee required under this Act if the applicant--
          (1) is younger than 18 years of age;
          (2) received total income, during the 12-month period 
        immediately preceding the date on which the applicant files an 
        application under this Act, that is less than 150 percent of 
        the Federal poverty line;
          (3) is in foster care or otherwise lacks any parental or 
        other familial support; or
          (4) cannot care for himself or herself because of a serious, 
        chronic disability.
  (d) Waiver of Grounds of Inadmissibility.--
          (1) In general.--Except as provided in paragraph (2), with 
        respect to any benefit under this Act, and in addition to any 
        waivers that are otherwise available, the Secretary may waive 
        the grounds of inadmissibility under paragraph (1), 
        subparagraphs (A), (C), and (D) of paragraph (2), subparagraphs 
        (D) through (G) of paragraph (6), or paragraph (10)(D) of 
        section 212(a) of the Immigration and Nationality Act (8 U.S.C. 
        1182(a)) for humanitarian purposes, for family unity, or 
        because the waiver is otherwise in the public interest.
          (2) Exception.--The Secretary may not waive a ground 
        described in paragraph (1) if such inadmissibility is based on 
        a conviction or convictions, and such conviction or convictions 
        would otherwise render the alien ineligible under section 
        244(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 
        1254a(c)(2)(B)).
  (e) Advance Parole.--During the period beginning on the date on which 
an alien applies for adjustment of status under this Act and ending on 
the date on which the Secretary makes a final decision regarding such 
application, the alien shall be eligible to apply for advance parole. 
Section 101(g) of the Immigration and Nationality Act (8 U.S.C. 
1101(g)) shall not apply to an alien granted advance parole under this 
section.
  (f) Employment.--An alien whose removal is stayed pursuant to this 
Act, or who has pending an application under this Act, shall, upon 
application to the Secretary, be granted an employment authorization 
document.

SEC. 204. DETERMINATION OF CONTINUOUS PRESENCE.

  (a) Effect of Notice to Appear.--Any period of continuous physical 
presence in the United States of an alien who applies for adjustment of 
status under this Act shall not terminate when the alien is served a 
notice to appear under section 239(a) of the Immigration and 
Nationality Act (8 U.S.C. 1229(a)).
  (b) Treatment of Certain Breaks in Presence.--
          (1) In general.--Except as provided in paragraphs (2) and 
        (3), an alien shall be considered to have failed to maintain 
        continuous physical presence in the United States under this 
        Act if the alien has departed from the United States for any 
        period exceeding 90 days or for any periods, in the aggregate, 
        exceeding 180 days.
          (2) Extensions for extenuating circumstances.--The Secretary 
        may extend the time periods described in paragraph (1) for an 
        alien who demonstrates that the failure to timely return to the 
        United States was due to extenuating circumstances beyond the 
        alien's control, including the serious illness of the alien, or 
        death or serious illness of a parent, grandparent, sibling, or 
        child of the alien.
          (3) Travel authorized by the secretary.--Any period of travel 
        outside of the United States by an alien that was authorized by 
        the Secretary may not be counted toward any period of departure 
        from the United States under paragraph (1).
  (c) Waiver of Physical Presence.--With respect to aliens who were 
removed or departed the United States on or after January 20, 2017, and 
who were continuously physically present in the United States for at 
least 3 years prior to such removal or departure, the Secretary may, as 
a matter of discretion, waive the physical presence requirement under 
section 101(a)(2) for humanitarian purposes, for family unity, or 
because a waiver is otherwise in the public interest. The Secretary, in 
consultation with the Secretary of State, shall establish a procedure 
for such aliens to apply for relief under section 101 from outside the 
United States if they would have been eligible for relief under such 
section, but for their removal or departure.

SEC. 205. EXEMPTION FROM NUMERICAL LIMITATIONS.

  Nothing in this Act or in any other law may be construed to apply a 
numerical limitation on the number of aliens who may be granted 
permanent resident status under this Act.

SEC. 206. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL REVIEW.

  (a) Administrative Review.--Not later than 30 days after the date of 
the enactment of this Act, the Secretary shall provide to aliens who 
have applied for adjustment of status under this Act a process by which 
an applicant may seek administrative appellate review of a denial of an 
application for adjustment of status, or a revocation of such status.
  (b) Judicial Review.--Notwithstanding any other provision of law, an 
alien may seek judicial review of a denial of an application for 
adjustment of status, or a revocation of such status, under this Act in 
the United States district court with jurisdiction over the alien's 
residence.
  (c) Stay of Removal.--
          (1) In general.--Except as provided in paragraph (2), an 
        alien seeking administrative or judicial review under this Act 
        may not be removed from the United States until a final 
        decision is rendered establishing that the alien is ineligible 
        for adjustment of status under this Act.
          (2) Exception.--The Secretary may remove an alien described 
        in paragraph (1) pending judicial review if such removal is 
        based on criminal or national security grounds. Such removal 
        does not affect the alien's right to judicial review under this 
        Act. The Secretary shall promptly return a removed alien if a 
        decision to deny an application for adjustment of status under 
        this Act, or to revoke such status, is reversed.

SEC. 207. DOCUMENTATION REQUIREMENTS.

  (a) Documents Establishing Identity.--An alien's application for 
permanent resident status under this Act may include, as evidence of 
identity, the following:
          (1) A passport or national identity document from the alien's 
        country of origin that includes the alien's name and the 
        alien's photograph or fingerprint.
          (2) The alien's birth certificate and an identity card that 
        includes the alien's name and photograph.
          (3) A school identification card that includes the alien's 
        name and photograph, and school records showing the alien's 
        name and that the alien is or was enrolled at the school.
          (4) A Uniformed Services identification card issued by the 
        Department of Defense.
          (5) Any immigration or other document issued by the United 
        States Government bearing the alien's name and photograph.
          (6) A State-issued identification card bearing the alien's 
        name and photograph.
          (7) Any other evidence determined to be credible by the 
        Secretary.
  (b) Documents Establishing Continuous Physical Presence.--An alien's 
application for permanent resident status under this Act may include, 
as evidence that the alien has been continuously physically present in 
the United States, as required under section 101(a)(2), the following:
          (1) Passport entries, including admission stamps on the 
        alien's passport.
          (2) Any document from the Department of Justice or the 
        Department of Homeland Security noting the alien's date of 
        entry into the United States.
          (3) Records from any educational institution the alien has 
        attended in the United States.
          (4) Employment records of the alien that include the 
        employer's name and contact information.
          (5) Records of service from the Uniformed Services.
          (6) Official records from a religious entity confirming the 
        alien's participation in a religious ceremony.
          (7) A birth certificate for a child who was born in the 
        United States.
          (8) Hospital or medical records showing medical treatment or 
        hospitalization, the name of the medical facility or physician, 
        and the date of the treatment or hospitalization.
          (9) Automobile license receipts or registration.
          (10) Deeds, mortgages, or rental agreement contracts.
          (11) Rent receipts or utility bills bearing the alien's name 
        or the name of an immediate family member of the alien, and the 
        alien's address.
          (12) Tax receipts;
          (13) Insurance policies.
          (14) Remittance records, including copies of money order 
        receipts sent in or out of the country.
          (15) Travel records.
          (16) Dated bank transactions.
          (17) Two or more sworn affidavits from individuals who are 
        not related to the alien who have direct knowledge of the 
        alien's continuous physical presence in the United States, that 
        contain--
                  (A) the name, address, and telephone number of the 
                affiant; and
                  (B) the nature and duration of the relationship 
                between the affiant and the alien.
          (18) Any other evidence determined to be credible by the 
        Secretary.
  (c) Documents Establishing Exemption From Application Fees.--An 
alien's application for permanent resident status under this Act may 
include, as evidence that the alien is exempt from an application fee 
under section 203(c), the following:
          (1) Documents to establish age.--To establish that an alien 
        meets an age requirement, the alien may provide proof of 
        identity, as described in subsection (a), that establishes that 
        the alien is younger than 18 years of age.
          (2) Documents to establish income.--To establish the alien's 
        income, the alien may provide--
                  (A) employment records or other records of earned 
                income, including records that have been maintained by 
                the Social Security Administration, the Internal 
                Revenue Service, or any other Federal, State, or local 
                government agency;
                  (B) bank records; or
                  (C) at least 2 sworn affidavits from individuals who 
                are not related to the alien and who have direct 
                knowledge of the alien's work and income that contain--
                          (i) the name, address, and telephone number 
                        of the affiant; and
                          (ii) the nature and duration of the 
                        relationship between the affiant and the alien.
          (3) Documents to establish foster care, lack of familial 
        support, or serious, chronic disability.--To establish that the 
        alien is in foster care, lacks parental or familial support, or 
        has a serious, chronic disability, the alien may provide at 
        least 2 sworn affidavits from individuals who are not related 
        to the alien and who have direct knowledge of the circumstances 
        that contain--
                  (A) a statement that the alien is in foster care, 
                otherwise lacks any parental or other familiar support, 
                or has a serious, chronic disability, as appropriate;
                  (B) the name, address, and telephone number of the 
                affiant; and
                  (C) the nature and duration of the relationship 
                between the affiant and the alien.
  (d) Authority to Prohibit Use of Certain Documents.--If the Secretary 
determines, after publication in the Federal Register and an 
opportunity for public comment, that any document or class of documents 
does not reliably establish identity or that permanent resident status 
under this Act is being obtained fraudulently to an unacceptable 
degree, the Secretary may prohibit or restrict the use of such document 
or class of documents.

SEC. 208. RULE MAKING.

  (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall publish in the Federal 
Register interim final rules implementing this Act, which shall allow 
eligible individuals to immediately apply for relief under section 101. 
Notwithstanding section 553 of title 5, United States Code, the 
regulation shall be effective, on an interim basis, immediately upon 
publication, but may be subject to change and revision after public 
notice and opportunity for a period of public comment. The Secretary 
shall finalize such rules not later than 180 days after the date of 
publication.
  (b) Paperwork Reduction Act.--The requirements under chapter 35 of 
title 44, United States Code, (commonly known as the ``Paperwork 
Reduction Act'') shall not apply to any action to implement this Act.

SEC. 209. CONFIDENTIALITY OF INFORMATION.

  (a) In General.--The Secretary may not disclose or use information 
provided in applications filed under this Act (including information 
provided during administrative or judicial review) for the purpose of 
immigration enforcement.
  (b) Referrals Prohibited.--The Secretary, based solely on information 
provided in an application for adjustment of status under this Act 
(including information provided during administrative or judicial 
review), may not refer an applicant to U.S. Immigration and Customs 
Enforcement, U.S. Customs and Border Protection, or any designee of 
either such entity .
  (c) Limited Exception.--Notwithstanding subsections (a) and (b), 
information provided in an application for adjustment of status under 
this Act may be shared with Federal security and law enforcement 
agencies--
          (1) for assistance in the consideration of an application for 
        adjustment of status under this Act;
          (2) to identify or prevent fraudulent claims;
          (3) for national security purposes; or
          (4) for the investigation or prosecution of any felony not 
        related to immigration status.
  (d) Penalty.--Any person who knowingly uses, publishes, or permits 
information to be examined in violation of this section shall be fined 
not more than $10,000.

SEC. 210. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.

  (a) Establishment.--The Secretary of Homeland Security shall 
establish, within U.S. Citizenship and Immigration Services, a program 
to award grants, on a competitive basis, to eligible nonprofit 
organizations that will use the funding to assist eligible applicants 
under this Act by providing them with the services described in 
subsection (b).
  (b) Use of Funds.--Grant funds awarded under this section shall be 
used for the design and implementation of programs that provide--
          (1) information to the public regarding the eligibility and 
        benefits of permanent resident status under this Act, 
        particularly to individuals potentially eligible for such 
        status;
          (2) assistance, within the scope of authorized practice of 
        immigration law, to individuals submitting applications for 
        adjustment of status under this Act, including--
                  (A) screening prospective applicants to assess their 
                eligibility for such status;
                  (B) completing applications and petitions, including 
                providing assistance in obtaining the requisite 
                documents and supporting evidence; and
                  (C) providing any other assistance that the Secretary 
                or grantee considers useful or necessary to apply for 
                adjustment of status under this Act; and
          (3) assistance, within the scope of authorized practice of 
        immigration law, and instruction, to individuals--
                  (A) on the rights and responsibilities of United 
                States citizenship;
                  (B) in civics and English as a second language;
                  (C) in preparation for the General Education 
                Development test; and
                  (D) in applying for adjustment of status and United 
                States citizenship.
  (c) Authorization of Appropriations.--
          (1) Amounts authorized.--There are authorized to be 
        appropriated such sums as may be necessary for each of the 
        fiscal years 2020 through 2030 to carry out this section.
          (2) Availability.--Any amounts appropriated pursuant to 
        paragraph (1) shall remain available until expended.

SEC. 211. PROVISIONS AFFECTING ELIGIBILITY FOR ADJUSTMENT OF STATUS.

  An alien's eligibility to be lawfully admitted for permanent 
residence under this Act shall not preclude the alien from seeking any 
status under any other provision of law for which the alien may 
otherwise be eligible.

                          Purpose and Summary

    H.R. 2821, the ``American Promise Act of 2019,'' addresses 
an immediate humanitarian crisis potentially affecting hundreds 
of thousands of immigrants who fled to the United States to 
escape war, famine, natural disasters, and other life-
threatening calamities. The bill accomplishes this goal by 
establishing a program for certain individuals who qualified 
for Temporary Protected Status (TPS) or Deferred Enforced 
Departure (DED) on January 1, 2017 to apply for lawful 
permanent resident (LPR) status. Derived from Title II of H.R. 
6, the ``American Dream and Promise Act,'' H.R. 2821 requires 
the Secretary of Homeland Security or the Attorney General to 
grant LPR status to individuals who apply for such status not 
later than three years after the date of enactment of the Act 
and who meet the eligibility criteria specified in the bill. 
H.R. 2821 also prohibits the Secretary from granting LPR status 
to individuals who are inadmissible to the United States under 
specified provisions of section 212(a) of the Immigration and 
Nationality Act (8 U.S.C. Sec. 1182(a)), as well as individuals 
who have engaged in conduct since January 1, 2017 that would 
render them ineligible for TPS or DED.

                Background and Need for the Legislation


                     I. TEMPORARY PROTECTED STATUS

    The Immigration and Nationality Act (INA) authorizes the 
Secretary of Homeland Security to grant TPS to foreign 
nationals in the United States from countries that have 
experienced armed conflict, natural disaster, or other 
extraordinary circumstances that prevent the safe return of its 
nationals.\1\ A country can be designated for TPS for an 
initial period of six to 18 months, and the designation can be 
extended if the country continues to experience conditions 
warranting the designation. TPS applicants are subject to most 
grounds of inadmissibility and may not be granted TPS if they 
have been convicted of an inadmissible offense, any felony 
offense, or any two misdemeanor offenses in the United States. 
Applicants are also ineligible if they are deemed a threat to 
national security or have engaged in the persecution of others. 
Individuals granted TPS are eligible for work authorization and 
are not subject to removal if they maintain TPS status.
---------------------------------------------------------------------------
    \1\See generally INA Sec. 244; 8 U.S.C. Sec. 1254 (2019).
---------------------------------------------------------------------------
    Since 1990, when the TPS provisions were enacted, a total 
of 21 countries (or parts of countries) have been designated 
for TPS. At present, ten countries hold TPS designations: El 
Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South 
Sudan, Sudan, Syria, and Yemen.\2\ An estimated 320,000 
individuals from these ten countries are currently in the 
United States in TPS status.\3\ In a number of these nations, 
conditions have remained deteriorated for so long that many TPS 
holders have lawfully remained in the United States for 
decades.
---------------------------------------------------------------------------
    \2\See U.S. Citizenship and Immigration Services, Temporary 
Protected Status, Dep't of Homeland Security (identifying countries 
currently designated for TPS), https://www.uscis.gov/humanitarian/
temporary-protected-status.
    \3\Nicole Prchal Svajlenka, Angie Bautista-Chavez, & Laura Munoz 
Lopez, TPS Holders Are Integral Members of the U.S. Economy and 
Society, Center for American Progress (Oct. 20, 2017), https://
www.americanprogress.org/issues/immigration/news/2017/10/20/440400/tps-
holders-are-integral-members-of-the-u-s-economy-and-society/.
---------------------------------------------------------------------------
    Notwithstanding compelling evidence that conditions in 
these countries remain dire, the Trump Administration 
terminated TPS designations for six of them over the past year, 
throwing the lives and futures of more than 300,000 people into 
turmoil.\4\ In doing so, the Administration ignored warnings 
from senior U.S. diplomats that termination would destabilize 
Central America and the Caribbean, which could potentially 
trigger a new surge of unauthorized immigration.\5\ Through 
cables to Administration officials, diplomats explained that 
TPS recipients send remittances home that spur job creation and 
reduce pressure to emigrate.\6\
---------------------------------------------------------------------------
    \4\Nick Miroff et al., U.S. Embassy Cables Warned Against Expelling 
300,000 Immigrants. Trump Officials Did it Anyway, Wash. Post (May 8, 
2018), https://www.washingtonpost.com/world/national-security/us-
embassy-cables-warned-against-expelling-300000-immigrants-trump-
officials-did-it-anyway/2018/05/08/065e5702-4fe5-11e8-b966-
bfb0da2dad62_story.html?utm_term=
.bbdbfea9dcb1.
    \5\Id.
    \6\Id. 
---------------------------------------------------------------------------
    Last year, a federal court in Ramos v. Nielsen granted a 
preliminary injunction preventing the Administration from 
proceeding with the termination of TPS for El Salvador, Haiti, 
Nicaragua, and Sudan, finding that the plaintiffs had made a 
substantial showing that the Administration's decisions had 
violated the Administrative Procedure Act.\7\ On October 31, 
2018, DHS announced that affected TPS beneficiaries would 
retain TPS status and its associated benefits for the duration 
of the preliminary injunction, unless an individual's TPS 
status was withdrawn due to ineligibility.\8\ On March 12, 
2019, in accordance with a court-approved stipulation to stay 
proceedings, DHS also extended TPS for Nepal and Honduras, 
pending a final disposition or other court order in Ramos.\9\
---------------------------------------------------------------------------
    \7\Ramos v. Nielsen, Case No. 18-cv-01554-EMC (N.D. Cal. 2017).
    \8\U.S. Dep't of Homeland Security, Continuation of Documentation 
for Beneficiaries of Temporary Protected Status Designations for Sudan, 
Nicaragua, Haiti, and El Salvador, 83 Fed. Reg. 54764 (Oct. 31, 2018). 
On April 11, 2019, a second court enjoined the termination of TPS for 
Haiti. Saget v. Trump, Case No. 18-cv-01599 (E.D.N.Y 2018).
    \9\Bhattarai v. Nielsen, No. 19-cv-731 (N.D. Cal Mar. 12, 2019).
---------------------------------------------------------------------------

                   II. DEFERRED ENFORCEMENT DEPARTURE

    In accordance with his constitutional authority to conduct 
foreign relations, the President has the discretion to grant 
DED to foreign nationals for foreign policy reasons.\10\ DED is 
a temporary and discretionary stay of removal that is similar 
in many respects to TPS except that it lacks explicit statutory 
basis.\11\ In 1992, President George H. W. Bush granted DED to 
approximately 190,000 people following the expiration of El 
Salvador's initial TPS designation.\12\ In 2007, President 
George W. Bush granted DED to Liberian nationals following the 
termination of TPS for Liberia, and this designation was 
extended several times by President Barack Obama.\13\
---------------------------------------------------------------------------
    \10\See Jill H. Wilson, Temporary Protected Status: Overview and 
Current Issues, Cong. Res. Serv. (Oct. 10, 2018), https://fas.org/sgp/
crs/homesec/RS20844.pdf.
    \11\Id. 
    \12\Id. 
    \13\Id. 
---------------------------------------------------------------------------
    On March 27, 2018, President Trump announced the 
termination of DED for Liberia, effective March 31, 2019.\14\ 
Subsequently, the President on March 28, 2019 signed a last-
minute reprieve for Liberia, granting an additional extension 
of the ``wind-down'' period until March 30, 2020.\15\ An 
estimated 840 Liberians are living in the United States with 
DED and work authorization, with many having lived here for 
almost three decades.\16\
---------------------------------------------------------------------------
    \14\Id. 
    \15\President Donald J. Trump, Extension of Deferred Enforced 
Departure For Liberians, Presidential Memorandum (Mar. 28, 2019), 
https://www.whitehouse.gov/presidential-actions/memorandum-extension-
deferred-enforced-departure-liberians/.
    \16\See Jill H. Wilson, Temporary Protected Status: Overview and 
Current Issues, Cong. Res. Serv. (Oct. 10, 2018), https://fas.org/sgp/
crs/homesec/RS20844.pdf.
---------------------------------------------------------------------------

III. THE ECONOMIC BENEFITS OF PROVIDING PERMANENT RELIEF TO TPS AND DED 
                               RECIPIENTS

    In addition to the humanitarian effects, the failure to 
permanently protect TPS and DED holders would destabilize the 
economy and local communities by removing a long-term and 
reliable workforce from key industries. TPS recipients have 
lived in the United States for an average of 19 years, are 
employed at high rates, and have family relationships in the 
United States that include nearly 275,000 U.S. citizen 
children.\17\ TPS holders live in every region of the United 
States, with the largest populations in California, Texas, 
Florida, New York, Virginia, and Maryland.\18\
---------------------------------------------------------------------------
    \17\Nicole Prchal Svajlenka et al., TPS Holders are Integral 
Members of the U.S. Economy and Society, Center for American Progress 
(Oct. 20, 2017), https://www.americanprogress.org/issues/immigration/
news/2017/10/20/440400/tps-holders-are-integral-members-of-the-u-s-
economy-and-society/.
    \18\Robert Warren et al., A Statistical and Demographic Profile of 
the U.S. Temporary Protected Status Populations from El Salvador, 
Honduras, and Haiti, Center for Migration Studies, Journal on Migration 
and Human Security (rev. Aug. 2017), https://journals.sagepub.com/doi/
pdf/10.1177/233150241700500302.
---------------------------------------------------------------------------
    The Center for Migration Studies has found that TPS 
recipients from El Salvador, Honduras, and Haiti are employed 
at very high rates (81 to 88 percent) in a variety of 
industries that often struggle to find sufficient U.S. 
workers.\19\ Indeed, TPS holders are filling critical workforce 
gaps in industries central to economic growth and community 
development, including construction, food service, and 
landscaping.\20\ An additional 11 percent of TPS holders are 
self-employed and have likely created jobs for American workers 
as a result.\21\
---------------------------------------------------------------------------
    \19\Id.
    \20\For example, with a low 4.1 percent unemployment rate, the 
construction industry had roughly 278,000 job openings in September 
2018. The accommodation and food services industry, with a 5.3 percent 
unemployment rate, had nearly 961,000 job openings. American 
Immigration Council, Workers with Temporary Protected Status in Key 
Industries and States (Jan. 9, 2019), https://
www.americanimmigrationcouncil.org/research/workers-temporary-
protected-status-key-industries-and-states.
    \21\Robert Warren and Donald Kerwin, A Statistical and Demographic 
Profile of the U.S. Temporary Protected Status Populations from El 
Salvador, Honduras, and Haiti, Center for Migration Studies, JMHS 
Volume 5 Number 3 (2017), https://journals.sagepub.com/doi/pdf/10.1177/
233150241700500302.
---------------------------------------------------------------------------
    TPS holders make significant contributions to the U.S. 
economy not only through their participation in the workforce, 
but also through consumer spending and tax revenue. For 
example, one third of the 206,000 TPS households from El 
Salvador, Honduras, and Haiti have mortgages.\22\ More broadly, 
according to one report, losing TPS workers would result in a 
$4.5 billion loss to GDP annually.\23\ Social Security and 
Medicare would take a $6.9 billion loss, the cost of 
deportation would be $3.1 billion, and the loss of TPS workers 
would cost industries $967 million.\24\
---------------------------------------------------------------------------
    \22\Id.
    \23\Amanda Baran, Jose Magana-Salgado, Tom K. Wong, Economic 
Contributions by Salvadoran, Honduran, and Haitian TPS Holders, 
Immigrant Legal Resource Center (Apr. 2017), https://www.ilrc.org/
sites/default/files/resources/2017-04-18_economic_contributions_by_
salvadoran_honduran_and_haitian_tps_holders.pdf.
    \24\American Immigration Council, Workers with Temporary Protected 
Status in Key Industries and States (Jan. 9, 2019), https://
www.americanimmigrationcouncil.org/research/workers-temporary-
protected-status-key-industries-and-states.
---------------------------------------------------------------------------

                                Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress, the following hearing was used to develop H.R. 
6 and H.R. 2821: ``Protecting Dreamers and TPS Recipients,'' 
held before the full Committee on March 6. 2019. The Committee 
heard testimony from: Jin Park, a Korean national DACA 
recipient, Harvard graduate, and Rhodes Scholar who came to the 
United States at the age of seven; Yazmin Irazoqui Ruiz, a 
Mexican national DACA recipient and summa cum laude graduate of 
the University of New Mexico who came to the United States at 
the age of three and is currently attending medical school; 
Yatta Kiazolu, a Liberian national DED holder who has lived in 
the United States for 22 years and is currently enrolled in a 
PhD program at the University of California, Los Angeles; Jose 
Palma, a Salvadoran national TPS recipient who is married to 
another TPS recipient, has four U.S. citizen children, and 
serves as the National Coordinator of the National TPS 
Alliance; Donald Graham, former owner of The Washington Post 
and co-founder of TheDream.US, which provides scholarships to 
thousands of highly motivated Dreamers and TPS recipients; 
Catholic Bishop Mario Dorsonville, Auxiliary Bishop of the 
Archdiocese of Washington, a naturalized immigrant from 
Colombia, and the incoming Migration Chairman of the U.S. 
Conference of Catholic Bishops; Hilario Yanez, a DACA recipient 
and a graduate of the University of Houston; and Andrew R. 
Arthur, a former immigration judge and a Resident Fellow at the 
Center for Immigration Studies.
    Witnesses shared their personal stories and highlighted the 
need for a legislative solution by exploring the critical 
contributions of TPS and DED recipients, many of whom have 
lived lawfully in the United States for more than 20 years 
while building their lives, raising their families, and 
contributing to our economy. Witnesses also noted the personal 
and community-based impacts resulting from the Administration's 
decision to terminate the TPS and DED designations of numerous 
countries.

                        Committee Consideration

    On May 22, 2019, the Committee met in open session and 
ordered the bill, H.R. 2821, favorably reported with an 
amendment in the nature of a substitute, by a rollcall vote of 
20 to 9, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following rollcall votes occurred during the Committee's 
consideration of H.R. 2821:
    1. An amendment by Mr. Cline to amend section 101 to change 
the date on which individuals must have been eligible for TPS 
or DED from ``January 1, 2017'' to ``January 1, 2010,'' was 
defeated by a rollcall vote of 9 to 20.


     2. Motion to report H.R. 2821, as amended, favorably was 
agreed to by a rollcall vote of 20 to 9.


                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                Committee Estimate of Budgetary Effects

    In compliance with clause 3(d) of rule XIII of the Rules of 
the House of Representatives, the following statement is made 
concerning the effects on the budget of the bill, H.R. 2821, as 
reported. The Committee agrees with the estimate prepared by 
the Congressional Budget Office, which is included below.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 2821, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 30, 2019.
Re H.R. 2821 the American Promise Act of 2019.

Hon. Jerrold Nadler,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office and 
staff of the Joint Committee on Taxation (JCT) have completed 
an estimate of the direct spending and revenue effects of H.R. 
2821, the American Promise Act of 2019, as ordered reported by 
the House Committee on the Judiciary on May 22, 2019. On net, 
CBO and JCT estimate that enacting H.R. 2821 would increase 
budget deficits by $8.3 billion over the 2020-2029 period; on-
budget deficits would increase by $7.9 billion, and off-budget 
deficits would increase by $0.4 billion over that period. 
Because enacting the bill would affect direct spending and 
revenues, pay-as-you-go procedures apply.\1\ The pay-as-you-go 
effects are equal to the change in on-budget deficits (see 
Table 1).
---------------------------------------------------------------------------
    \1\A relatively small number of people would be eligible for LPR 
status under both H.R. 2820 (the Dream Act) and H.R. 2821 (the American 
Promise Act), both of which were ordered reported by the House 
Committee on the Judiciary on May 22, 2019. Consequently, if the 
provisions of the two bills were enacted as a single bill, the 
budgetary effects for that combined bill would be smaller than the sum 
of the budgetary effects of the two bills. CBO has not estimated the 
budgetary effects of a combined bill.
---------------------------------------------------------------------------
    H.R. 2821 would allow aliens who, as of January 1, 2017, 
had or were otherwise eligible for Temporary Protected Status 
(TPS) or were eligible for Deferred Enforced Departure (DED) to 
receive lawful permanent resident (LPR) status under certain 
conditions.
    CBO estimates that H.R. 2821 would provide lawful 
immigration status and work authorization to nearly half a 
million people who otherwise would be physically present in the 
United States without such legal authority.\2\
---------------------------------------------------------------------------
    \2\The Administration has proposed to terminate TPS and DED for 
nationals of several countries. That policy is currently subject to a 
nationwide injunction. Spending and revenues in CBO's baseline reflect 
the expectation that the injunction will eventually be lifted and the 
Administration will implement its proposed policy.
---------------------------------------------------------------------------
    Enacting the bill would affect direct spending because LPR 
status confers eligibility for federal benefits--health 
insurance subsidies and benefits under Medicaid and also under 
the Supplemental Nutrition Assistance Program, among others--
provided that those applicants meet the other eligibility 
requirements for those programs.
    Enacting H.R. 2821 also would affect federal revenues 
because the increase in the number of workers with employment 
authorization would affect payroll taxes and individual and 
corporate income taxes. Some newly authorized workers also 
would become eligible for refundable tax credits (included in 
the spending total below). In addition, some of the fees 
established under the bill would be classified as revenues in 
the budget.
    CBO and JCT estimate that enacting H.R. 2821 would increase 
direct spending by $8.8 billion over the 2020-2029 period. Over 
that same period, CBO and JCT estimate that the bill would 
increase revenues, on net, by $0.5 billion--a decline in on-
budget revenues of $0.4 billion and an increase in off-budget 
revenues of $1.0 billion.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is David 
Rafferty.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

                                                                      TABLE 1.--H.R. 2821, THE AMERICAN PROMISE ACT OF 2019
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          By fiscal year, millions of dollars--
                                                        ----------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                              2019-      2019-
                                                           2019     2020     2021      2022       2023       2024       2025       2026       2027       2028       2029       2024       2029
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              Changes In Direct Spending (Outlays)
 
On-Budget:
Health Insurance Subsidiesa............................        0        0        0          0        565        625        585        520        535        605        640      1,190      4,075
Medicaid and CHIP......................................        0        0        0          0         -5         10         90        205        255        270        210          5      1,035
Refundable Tax Creditsb................................        0        0        0          0         50         75         95        105        115        115        110        125        665
Medicare...............................................        0        0        0          0         10         30         50         80        115        160        210         40        655
SNAP...................................................        0        *        5          5          5          5         45        115        130        130        130         20        570
DHS Fees and Spending..................................        0      165      230        -25        -25          *         -5         -5          5          *          *        345        340
Supplemental Security Income...........................        0        0        0          0          *          *          5         20         25         35         35          *        120
Higher Education Assistance............................        0        *        *          1          3          3          2          2          2          1          *          7         14
    Subtotal...........................................        0      165      235        -19        603        748        867      1,042      1,182      1,316      1,335      1,732      7,474
Off-Budget:
Social Security........................................        0        0        0          0         70        100        135        180        230        285        345        170      1,345
    Total..............................................        0      165      235        -19        673        848      1,002      1,222      1,412      1,601      1,680      1,902      8,819
 
                                                                                       Changes in Revenues
 
On-Budget:
Income and Medicare Taxes..............................        0        0        0          0        -40        -35        -15        -85        -85        -85        -85        -75       -430
Health Insurance Subsidiesa............................        0        0        0          0        -35        -40        -40        -50        -60        -65        -65        -75       -355
DHS Revenues...........................................        0      115      190         40          0          0          0          0          0          0          0        345        345
    Subtotal...........................................        0      115      190         40        -75        -75        -55       -135       -145       -150       -150        195       -440
Off-Budget:
Social Security........................................        0        0        0          0         80        115        140        150        155        155        155        195        950
    Total..............................................        0      115      190         40          5         40         85         15         10          5          5        390        510
 
                                                                 Changes in Deficits (Negatives Indicate Increases in Deficits)
 
Total..................................................        0      -50      -45         59       -668       -808       -917     -1,207     -1,402     -1,596     -1,675     -1,512     -8,309
    On-Budget..........................................        0      -50      -45         59       -678       -823       -922     -1,177     -1,327     -1,466     -1,485     -1,537     -7,914
    Off-Budget.........................................        0        0        0          0         10         15          5        -30        -75       -130       -190         25       -395
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
The change in direct spending would affect budget authority by similar amounts; CHIP = Children's Health Insurance Program; DHS = Department of Homeland Security; SNAP = Supplemental Nutrition
  Assistance Program; * = between -$500,000 and $500,000.
aIncludes cost-sharing subsidies and the outlays portion of premium assistance tax credits.
bRefundable tax credits include the outlay portion of the earned income and child tax credits,

                    Duplication of Federal Programs

    No provision of H.R. 2821 establishes or reauthorizes a 
program of the federal government known to be duplicative of 
another federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
2821 establishes a program for certain individuals who 
qualified for TPS or DED on January 1, 2017 to apply for lawful 
permanent residence.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 2821 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Sec. 1. Short Title. Section 1 sets forth the short title 
of the bill as the ``American Promise Act of 2019''.

Title I. Treatment of Certain Nationals of Certain Countries Designated 
        for Temporary Protected Status or Deferred Enforcement 
        Departure.

    Sec. 101. Adjustment of Status for Certain Nationals of 
Certain Countries Designated for Temporary Protected Status or 
Deferred Enforced Departure. Sections 101(a) and 101(b) direct 
the Secretary of Homeland Security or the Attorney General to 
cancel the removal and adjust the status of individuals who:
          (1) are nationals of a foreign state with a TPS or 
        DED designation on January 1, 2017;
          (2) had or were otherwise eligible for TPS or DED 
        relief on that date and have not since engaged in 
        conduct that would render them ineligible for such 
        relief; and
          (3) have been continuously physically present for 
        three years before the date enactment.
Such individuals must also demonstrate that they are not 
inadmissible on the following grounds under section 212(a)(2) 
of the Immigration and Nationality Act (8 U.S.C. 
Sec. 1182(a)(2)): having health-related concerns; having 
engaged in criminal activity; posing a threat to national 
security; having been a stowaway; having engaged in alien 
smuggling; being subject to certain civil penalties; having 
engaged in student visa abuse; being ineligible for 
citizenship; having engaged in polygamy, international child 
abduction, or unlawful voting; or renouncing U.S. citizenship 
to avoid taxation. In addition to the criminal inadmissibility 
bars, TPS and DED eligibility requires that individuals not be 
convicted of any felony offense or any two misdemeanor 
offenses. Individuals who are eligible for adjustment of status 
under the Act must apply within three years of the date of 
enactment.
    Section 101(c)(1) allows the Secretary to impose a 
reasonable fee on applications for adjustment of status under 
the Act, not to exceed $1,140.
    Section 101(c)(2) prohibits the granting of an adjustment 
of status application under the Act until background check 
requirements are satisfied.
    Section 101(c)(3) allows an applicant to withdraw an 
application without prejudice.

Title II. General Provisions.

    Sec. 201. Definitions. Section 201 defines the following 
terms: ``Disability''; ``Federal Poverty Line''; ``Immigration 
Laws''; ``Secretary''; ``Uniformed Services''; and ``Treatment 
of Expunged Convictions''.
    Sec. 202. Submission of Biometric and Biographic Data; 
Background Checks. Section 202 requires all applicants to 
provide biometric and biographic data and prohibits approval of 
an application unless security and background checks are 
completed to the Secretary of Homeland Security's satisfaction.
    Sec. 203. Limitation on Removal; Application and Fee 
Exemption; Waiver of Grounds for Inadmissibility and Other 
Conditions on Eligible Individuals. Section 203(a) prohibits 
the removal of an individual who appears to be prima facie 
eligible for relief under the Act until a final decision 
establishing ineligibility for relief is rendered.
    Section 203(b) allows an individual who has been ordered 
removed or granted voluntary departure to apply for adjustment 
of status under the Act without having to file a motion to 
reopen or other pleading with the immigration court. If the 
application is approved, the Secretary shall cancel the order 
of removal. If the Secretary renders a final decision to deny 
the application, the removal or voluntary departure order shall 
remain in effect.
    Section 203(c) provides for a fee exemption for applicants 
who: (1) are younger than 18 years of age; (2) demonstrate 
income at less than 150 percent of the federal poverty line; 
(3) are in foster care or lack familial support; or (4) cannot 
care for themselves due to a serious, chronic disability.
    Section 203(d) provides the Secretary with discretionary 
authority to waive the following grounds of inadmissibility 
under section 212(a)(2) of the Immigration and Nationality Act 
(8 U.S.C. Sec. 1182(a)(2)) for humanitarian purposes, family 
unity, or because a waiver is otherwise in the public interest: 
health-related grounds, certain criminal offenses, being a 
stowaway, alien smuggling, student visa abuse, or unlawful 
voting. The Secretary cannot waive the grounds described in 
this paragraph if it was based on a conviction that would make 
the individual ineligible for TPS under other provisions of the 
Act.
    Section 203(e) allows applicants for adjustment of status 
under the Act to apply for advance parole (advance permission 
to return to the United States after travel abroad).
    Section 203(f) allows individuals to apply for work 
authorization if their removal is stayed or if they have an 
application pending.
    Sec. 204. Determination of Continuous Presence. Section 
204(a) states that any period of continuous presence does not 
terminate when an individual is served with a notice to appear 
pursuant to section 239(a) of the Immigration and Nationality 
Act (8 U.S.C. 1229(a)).
    Section 204(b) states that an individual will have failed 
to maintain continuous physical presence if the individual 
departed the United States for any period exceeding 90 days or 
180 days in the aggregate. Travel authorized by the Secretary 
is excluded from consideration, and time spent outside the 
United States that exceeds these limitations may be excused for 
extenuating circumstances.
    Section 204(c) allows the Secretary to waive--for 
humanitarian purposes, family unity, or if otherwise in the 
public interest--the physical presence requirement for an 
individual who was removed or departed the United States on or 
after January 20, 2017, and was continuously physically present 
in the United States for three years prior to the removal or 
departure. The Secretary is required to consult with the 
Department of State and establish a procedure for individuals 
to apply for relief from outside the United States if they 
would have been eligible for adjustment of status but for their 
removal or departure.
    Sec. 205. Exemption from Numerical Limitations Section 205 
states that there is no numerical limitation on the number of 
people who may be granted permanent resident status under the 
Act.
    Sec. 206. Availability of Administrative and Judicial 
Review. Section 206(a) directs the Secretary to create an 
administrative review procedure within 30 days of enactment for 
individuals whose applications are denied or whose status is 
revoked.
    Section 206(b) provides for judicial review in federal 
district court for applicants who are denied or have had their 
status revoked.
    Section 206(c) states that applicants seeking 
administrative or judicial review may not be removed until a 
final decision on the application is rendered, except that an 
individual may be removed on criminal or national security 
grounds pending judicial review. An individual removed who 
prevails on judicial review must be promptly returned to the 
United States.
    Sec. 207. Documentation Requirements. Section 207 sets 
forth the types of documentation that applicants may submit as 
proof of eligibility for relief under the Act in the following 
categories: Documents Establishing Identity; Documents 
Establishing Continuous Physical Presence; and Documents 
Establishing Exemption from Application Fees.
    Section 207(d) allows the Secretary to prohibit or restrict 
the use of documents that are deemed unreliable for purposes of 
establishing identity, as well as other documents if the 
Secretary determines that relief under the Act is being 
obtained fraudulently to an unacceptable degree.
    Sec. 208. Rulemaking. Section 208 requires the Secretary to 
publish interim regulations not later than 90 days after 
enactment. Final regulations must be published 180 days after 
the interim regulations are published.
    Sec. 209. Confidentiality of Information. Section 209 
prohibits the Secretary from: (1) disclosing or using 
application information (including information provided during 
administrative or judicial review) for immigration enforcement 
purposes; or (2) referring applicants to U.S. Immigration and 
Customs Enforcement or U.S. Customs and Border Protection, or 
any designee of such agency, based solely on such information. 
Information may be shared with federal security and law 
enforcement agencies for assistance in the consideration of an 
application, to identify or prevent fraud, for national 
security purposes, or for the investigation or prosecution of 
any felony not related to immigration status. A fine of up to 
$10,000 shall be imposed upon any person who knowingly uses, 
publishes or permits information to be examined in violation of 
this section.
    Sec. 210. Grant Program to Assist Eligible Applicants. 
Section 210 authorizes appropriations and directs the Secretary 
to establish a program to award competitive grants to nonprofit 
organizations to provide services to eligible applicants 
including but not limited to: providing information on 
eligibility, screening prospective applicants for eligibility, 
preparing and submitting applications and supporting 
documentation, providing information on the rights and 
responsibilities of U.S. citizenship, and providing instruction 
to individuals in civics and English as a second language.
    Sec. 211. Provisions Affecting Eligibility for Adjustment 
of Status. Section 211 states that eligibility for relief under 
the Act does not preclude an individual from seeking any other 
status for which the individual might be eligible.

                            Dissenting Views

    H.R. 2821 as reported by the Committee, takes what Congress 
intended to be a mechanism to allow aliens in the United States 
to remain in the U.S. when ``conditions in the country 
temporarily prevent the country's nationals from returning 
safely, or in certain circumstances, where the country is 
unable to handle the return of its nationals adequately,''\1\ 
and turns it into a special path to citizenship for an unknown 
number of individuals who were at one time eligible in the 
United States for Temporaiy Protected Status (TPS). It also 
provides green cards for aliens who were at one time eligible 
for Deferred Enforced Departure (DED). Specifically, the groups 
of aliens include the following:
---------------------------------------------------------------------------
    \1\U.S. Citizenship and Immigration Services' website, https://
www.uscis.gov/humanitarian/temporary-protected-status.
---------------------------------------------------------------------------
           The nearly 418,000 TPS holders currently in 
        the United States pursuant to the ten TPS designations 
        currently in effect;\2\
---------------------------------------------------------------------------
    \2\See Chart 1.
---------------------------------------------------------------------------
           Aliens currently inside the United States 
        who were ``eligible,'' but never applied, for TPS under 
        one of the ten current designations;
           Aliens outside the United States who were 
        ``eligible,'' but never applied, for TPS under one of 
        the ten current designations;
           Aliens inside the United States who received 
        TPS under one of the three designations President Obama 
        terminated (the terminations for Sierra Leone, Guinea, 
        and Liberia took effect in May 2017);
           Aliens outside the United States who 
        received TPS under one of the three designations 
        President Obama terminated (the terminations for Sierra 
        Leone, Guinea, and Liberia took effect in May 2017);
           Aliens inside the United States who were 
        ``eligible,'' but never applied, for TPS under one of 
        the three designations President Obama terminated (the 
        terminations for Sierra Leone, Guinea, and Liberia took 
        effect in May 2017);
           Aliens outside the United States who were 
        ``eligible,'' but never applied, for TPS under one of 
        the three designations that President Obama terminated 
        (the terminations for Sierra Leone, Guinea, and Liberia 
        took effect in May 2017);
           Alien recipients, whether still in the 
        United States or not, of Deferred Enforced Departure 
        for Liberians; and
           Aliens, whether inside the United States or 
        not, who would have been ``eligible'' for Deferred 
        Enforced Departure for Liberians.
    The Immigration and Nationality Act allows the DHS 
Secretary to designate a country for TPS if there are 
circumstances preventing the safe return of aliens to that 
country, or if a country is temporarily unable to adequately 
handle the return of its nationals.\3\
---------------------------------------------------------------------------
    \3\8 U.S.C. Sec. 1254(b)(1).
---------------------------------------------------------------------------
    The effect of a TPS designation is that nationals of the 
designated country who are inside the United States on the date 
of such designation, whether legally or illegally, are allowed 
to apply to stay here and receive employment authorization. The 
Pew Research Center has noted all but ``a small number'' of TPS 
holders were in the country illegally at the time of their 
country's designation.\4\
---------------------------------------------------------------------------
    \4\Pew Research Center, More than 100,000 Haitian and Central 
American Immigrants Face Decision on Their Status in the U.S., Nov. 18, 
2017, at http://www.pewresearch.org/fact-tank/2017/11/08/more-than-
100000-haitian-and-central-american-immigrants-face-decision-on-their-
status-in-the-u-s/.
---------------------------------------------------------------------------
    TPS is usually initially designated for a period of 18 
months and then redesignated in 18-month increments after the 
Secretary reviews the conditions in the country to determine 
whether the conditions for the TPS designation continue. If the 
Secretary determines the country no longer meets the conditions 
for the TPS designation, the Secretary is required by the 
statute to terminate the designation.\5\
---------------------------------------------------------------------------
    \5\8 U.S.C. Sec. 1254(b)(3)(B).
---------------------------------------------------------------------------
    At least 60 days before the expiration of the TPS 
designation, or any extension thereof, the Secretary, after 
consultations with appropriate Government agencies, must review 
the conditions in a foreign state designated for TPS to 
determine whether the conditions for the TPS designation 
continue to be met and, if so, the length of an extension.\6\ 
If the Secretary determines the foreign state no longer meets 
the conditions for the TPS designation, the Secretary must 
terminate the designation. Such termination may not take effect 
``earlier than 60 days after the date the Notice [of 
termination] is published [in the Federal Register] or, if 
later, the expiration of the most recent previous extension. . 
. .''\7\
---------------------------------------------------------------------------
    \6\8 U.S.C. Sec. 1254a(b)(3)(A), (C).
    \7\8 U.S.C. Sec. 1254a(b)(3)(B).
---------------------------------------------------------------------------
    During the markup, Chairman Nadler stated, ``The President 
opted to terminate these protections despite continuing 
political instability and compelling evidence that social and 
environmental conditions in those countries remain dire. . . 
.'' Such a statement does not allow for the fact that the 
relevant statute (8 U.S.C. 1254) requires a termination when 
the conditions for designation are no longer in place. And it 
implies that once a country is designated for TPS, the 
designation can never be terminated unless the case is made 
that the country is a relative paradise.
    Upon review of TPS status for certain countries in 
consultation with the State Department, DHS has indicated it 
will not renew the TPS designations of Nepal, Sudan, Nicaragua, 
Haiti, Honduras, and El Salvador, while extending the 
designations for Yemen and Somalia.\8\ However, despite 
findings by DHS that the temporary conditions existing at the 
time of the designation are no longer in effect, nationwide 
federal court injunctions have prohibited DHS from ending TPS 
for nationals of these countries.\9\
---------------------------------------------------------------------------
    \8\USCIS Website, at https://www.uscis.gov/humanitarian/temporary-
protected-status.
    \9\Ramos, et al V. Nielsen, et al., No. 18-cv-01554 (N.D. Cal. Oct 
3, 2018); see also CASA de Maryland v. Trump, No. 18-cv-00845 (D. Md. 
Nov. 29, 2018) (Enjoining the government from terminating TPS for El 
Salvador, Sudan, Nicaragua, and Haiti), Bhattarai v. Nielsen, No. 19-
cv-731 (N.D. Cal) (preventing the government from terminating TPS for 
Nepal and Honduras).
---------------------------------------------------------------------------
    Unfortunately, what was intended by Congress to be a 
temporary protection has, over time, become a permanent, 
automatically-renewed status, with some countries being rubber-
stamped for redesignation for decades. For instance, Nicaragua 
was initially designated for TPS in 1999 due to Hurricane 
Mitch, which struck the country in October 1998. And El 
Salvador was initially designated in March 2001 based on a 
series of earthquakes.
    DED is a purely discretionary grant the President can use 
based on his foreign policy powers to provide a deferral of 
enforced departure for certain aliens. In 2007, President 
George W. Bush provided DED for Liberians who had been in the 
country under a previously-terminated TPS designation. DED was 
subsequently extended by President Obama. On March 30, 2018, 
President Trump issued a directive stating,\10\
---------------------------------------------------------------------------
    \10\Presidential Memorandum for the Secretary of State and the 
Secretary of Homeland Security, Mar. 27, 2019, https://
www.whitehouse.gov/presidential-actions/memorandum-secretary-state-
secretary-homeland-security/.

          . . . conditions in Liberia have improved. Liberia is 
        no longer experiencing armed conflict and has made 
        significant progress in restoring stability and 
        democratic governance. Liberia has also concluded 
        reconstruction from prior conflicts, which has 
        contributed significantly to an environment that is 
        able to handle adequately the return of its nationals. 
        The 2014 outbreak of Ebola Virus Disease caused a 
        tragic loss of life and economic damage to the country, 
        but Liberia has made tremendous progress in its ability 
        to diagnose and contain future outbreaks of the 
        disease.
          Accordingly, I find that conditions in Liberia no 
        longer warrant a further extension of DED. . . .

    President Trump has since provided a one-year 
extension.\11\ It is estimated there are anywhere between 840 
and 3,600 DED recipients currently in the U.S.
---------------------------------------------------------------------------
    \11\Memorandum on Extension of Deferred Enforced Departure for 
Liberians, Mar. 28, 2019, https://www.whitehouse.gov/presidential-
actions/presidential-memorandum-secretary-state-secretary-homeland-
security/.
---------------------------------------------------------------------------
    With H.R. 2821, the Democrats continue their assault on the 
rule of law in our immigration system by taking what were to be 
temporary protective measures and placing the recipients of 
those measures, as well as those who never even applied for the 
measures, on a path to U.S. citizenship.
    Democrats claim this bill is necessary since TPS recipients 
have been in the United States for a long time. In fact, during 
the markup Chairman Nadler stated, ``TPS recipients have lived 
in the United States for an average of 19 years.''\12\ And he 
went on to note, ``Now they face the possibility of being 
removed to a country they have not known for decades.''\13\ But 
those statements do not reflect the actual repercussions of the 
legislation--that nationals of countries whose TPS designations 
are less than four years old, will be granted green cards; and 
that nationals of countries whose designations have ended--thus 
the aliens were to have left the U.S.--will be granted green 
cards. In addition, as noted above, the bill allows people who 
were ``eligible'' for TPS or DED, but who have already left the 
U.S., to be granted a green card.
---------------------------------------------------------------------------
    \12\Statement of Chairman Jerrold Nadler, Markup of H.R. 2821, the 
American Promise Act of 2019, House Judiciary Comm., 116th Cong. May 
22, 2019.
    \13\Id.
---------------------------------------------------------------------------
    Republicans offered an amendment to limit the availability 
of a green card to nationals of countries that had a valid 
designation on January 1, 2010, as opposed to January 1, 2017, 
in order to bring the bill's text in line with the proffered 
reason for the legislation. The amendment would have prevented 
those who have been here a short time and those whose TPS 
designations were terminated, from being granted a path to 
citizenship. No Democrats voted for the amendment and it 
failed.
    H.R. 2821 will incentivize the filing of fraudulent 
applications. H.R. 2821 permits various categories of low-
reliability evidence to be submitted in support of an 
application, including mere affidavits to establish continuous 
physical presence.\14\ H.R. 2821 also contains an expansive 
confidentiality provision\15\ that prevents information 
contained in an application from being used for law enforcement 
purposes. Similar confidentiality provisions in the 1986 
Special Agricultural Worker amnesty program incentivized 
widespread fraud in the program and have hampered law 
enforcement efforts. Moreover, aliens found to be ineligible 
and removable are prohibited under H.R. 2821 from being 
referred to U.S. Immigration and Customs Enforcement for lawful 
enforcement actions.\16\ Hundreds of thousands, if not over a 
million aliens have applied for TPS over the years 
notwithstanding more limited confidentiality requirements.\17\
---------------------------------------------------------------------------
    \14\Amendment in the Nature of a Substitute to H.R. 2821, 116th 
Cong. (American Promise Act of 2019) at Sec. 207.
    \15\Id. at Sec. 209.
    \16\Id. at Sec. 209(b).
    \17\8 C.F.R. Sec. 244.16.
---------------------------------------------------------------------------
    H.R. 2821 also contains a provision expressly permitting an 
alien to withdraw their application at any time, merely by 
making a request, which the Secretary has no discretion to 
ignore.\18\ The withdrawal ``shall not prejudice any future 
application filed by the applicant for any immigration benefit 
under this Act or under the Immigration and Nationality Act . . 
.''\19\ meaning an alien can file a fraudulent application, and 
once they are caught simply request to withdraw their 
application with no consequences--criminal or immigration-
related. Where there are no consequences for filing a 
fraudulent application, H.R. 2821 incentivizes filing 
fraudulent applications on the chance that an alien could be 
granted a green card.
---------------------------------------------------------------------------
    \18\Id. at Sec. 101(c)(3).
    \19\Id.
---------------------------------------------------------------------------
    H.R. 2821 creates a taxpayer-funded grant program to 
support the filing of applications for benefits. It would 
permit taxpayer money to be obligated through 2030. Aliens 
applying for other immigration benefits through the normal 
process must find and pay for their own legal and technical 
assistance. The special path to citizenship that H.R. 2821 
confers is a significant immigration benefit that treats 
certain immigrants better than others. There is no reason 
whatsoever that U.S. taxpayers--and not the aliens--should have 
to shoulder the monetary burden to adjudicate that special path 
to citizenship.
    H.R. 2821 also treats its potential beneficiaries better 
than legal immigrants who have followed the law. As written, 
the bill does not permit the Secretary to consider 
discretionary factors when determining whether an alien with 
TPS or DED is eligible to receive lawful permanent residence. 
The vast majority of other immigration benefits provided 
through the Immigration and Nationality Act--including 
adjustment of status--are discretionary and the alien must 
demonstrate they merit the status in the exercise of 
discretion. But H R 2821 states the Secretary ``shall'' adjust 
the status of an alien, so the Secretary cannot consider 
discretionary factors that weigh in favor or against granting 
such a status. Under the bill as written, aliens arrested, but 
not yet convicted, for heinous crimes after they were granted 
TPS would get green cards. Aliens who commit heinous acts but 
who were not convicted for technical reasons would get green 
cards. If the alien is technically eligible, the Secretary must 
grant the benefit--the Secretary is powerless to deny it.
    H.R. 2821 grants green cards to an untold number of aliens, 
whether or not they entered the country illegally, whether they 
have been here for many years or a few years, whether or not 
they were TPS or DED recipients, and whether or not they have 
already left the country.
    As written, H.R. 2821 contains no enforcement provisions, 
and is simply a vehicle designed to give green cards to a great 
number of people. Meanwhile, the United States is witnessing a 
security and humanitarian crisis on the border, as each 
successive month we are seeing unprecedented numbers of family 
units and unaccompanied alien children encountered by Customs 
and Border Protection personnel. The sheer volume of people 
coming is overwhelming border infrastructure.
    Yet in the midst of a true crisis, H.R. 2821 does nothing 
whatsoever to address the resource needs of our law enforcement 
personnel on the border, nor will it do anything to address the 
root causes of the legal loopholes in U.S. immigration law that 
act as pull factors and have created a de facto system of 
catch-and-release.


    We urge our colleagues to oppose this legislation.

    Signed,
                                   Doug Collins,
                                           Ranking Member.
                                   Martha Roby.
                                   Andy Biggs.
                                   Steve Chabot.
                                   Matt Gaetz.
                                   Tom McClintock.
                                   Guy Reschenthaler.
                                   W. Gregory Steube.
                                   Ben Cline.

                                  [all]