Act to Sustain the Protection of Immigrant Residents Earned through TPS Act of 2017 or the ASPIRE-TPS Act of 2017
This bill amends the Immigration and Nationality Act to provide six-year, renewable protected status for an alien who: (1) as of January 1, 2017, had been granted or was eligible for deferred enforced departure or temporary protected status, (2) has continuously resided in the United States for five years, (3) is admissible as an immigrant, and (4) registers as required.
Aliens may work while in protected status.
Protected status shall be withdrawn if an alien was not entitled to such status or fails to register with the Department of Homeland Security (DHS) every 36 months.
Absences from the United States of one year or less shall not break residence continuity. Absences longer than one year shall break residence continuity unless the alien establishes that he or she did not abandon U.S. residency.
DHS shall adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien: (1) meets certain eligibility requirements; (2) establishes that removal would result in extreme hardship to the alien or to the alien's U.S. citizen or lawful permanent resident spouse, parent, or child; and (3) submits an application.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4384 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 4384
To amend the Immigration and Nationality Act to provide protected
status for certain aliens present in the United States, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 14, 2017
Ms. Clarke of New York (for herself, Ms. Ros-Lehtinen, Ms. Jayapal, Ms.
Lofgren, Ms. Jackson Lee, Mr. McGovern, Ms. Lee, Mr. Hastings, Ms.
Wilson of Florida, and Mr. Correa) introduced the following bill; which
was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to provide protected
status for certain aliens present in the United States, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Act to Sustain the Protection of
Immigrant Residents Earned through TPS Act of 2017'' or the ``ASPIRE-
TPS Act of 2017''.
SEC. 2. PROTECTED STATUS FOR CERTAIN ALIENS PRESENT IN THE UNITED
STATES.
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after section 244 the following:
``SEC. 244A. PROTECTED STATUS FOR CERTAIN ALIENS PRESENT IN THE UNITED
STATES.
``(a) In General.--Notwithstanding any other provision of law,
including section 244(h), the Secretary of Homeland Security shall
grant protected status under this section to an alien who meets the
eligibility requirements under subsection (b).
``(b) Eligibility Requirements.--The eligibility requirements are
the following:
``(1) On January 1, 2017, the alien had been granted or was
eligible for Deferred Enforced Departure or for temporary
protected status under section 244.
``(2) The alien has continuously resided in the United
States for the 5-year period prior to the date of the enactment
of this section.
``(3) The alien is admissible as an immigrant, except as
otherwise provided under paragraph (2)(A) of section 244, and
is not ineligible under paragraph (2)(B) of such section,
except that in making such a determination, no conviction for a
misdemeanor which conviction occurred earlier than 6 years
prior to the date on which the alien applies for status, or a
renewal of such status, under this section may be considered.
``(4) To the extent and in a manner which the Secretary
establishes, the alien registers for the protected status under
this section during a registration period of not less than one
year.
``(c) Duration of Status.--Protected status under this section
shall be for a period of 6 years, and may be renewed for additional 6-
year periods. An alien seeking to renew protected status under this
section shall re-register with the Secretary.
``(d) Notice.--
``(1) In general.--Not later than 30 days after the first
day of the registration period under subsection (b)(4), the
Secretary shall provide each alien who was granted temporary
protected status under section 244 or Deferred Enforced
Departure with information concerning protected status under
this section.
``(2) Removal proceedings.--
``(A) In general.--The Secretary shall promptly
notify any alien against whom removal proceedings are
initiated who is a national of a country (or in the
case of an alien having no nationality, the country in
which the alien last habitually resided) that on
January 1, 2017, was designated under section 244 or
under the Deferred Enforced Departure program, that
status under this section may be available.
``(B) Removal proceedings initiated prior to the
date of enactment.--The Secretary shall promptly notify
any alien who is in removal proceedings on the date of
the enactment of this section and who is a national of
a country (or in the case of an alien having no
nationality, the country in which the alien last
habitually resided) that on January 1, 2017, was
designated under section 244 or under the Deferred
Enforced Departure program, that status under this
section may be available.
``(3) Form.--Notices under this paragraph shall be provided
in a form and language that the alien can understand.
``(e) Temporary Treatment for Eligible Aliens.--
``(1) Registration not available.--In the case of an alien
who can establish a prima facie case of eligibility for
protected status under this section, but for the fact that the
period of registration under subsection (b)(4) has not begun,
until the alien has had a reasonable opportunity to register
during the first 30 days of such period, the Secretary shall
provide the alien with work authorization under subsection (f),
and shall not initiate or proceed with removal proceedings
against the alien.
``(2) Determination pending.--In the case of an alien who
establishes a prima facie case of eligibility for protected
status under this section, until a final determination with
respect to the alien's eligibility for such status has been
made, the Secretary shall provide the alien with work
authorization under subsection (f), and shall not initiate or
proceed with removal proceedings against the alien.
``(f) Work Authorization.--
``(1) In general.--The Secretary shall authorize each alien
granted protected status under this section to engage in
employment in the United States and provide the alien with an
`employment authorized' endorsement or other appropriate work
permit.
``(2) Duration.--Work authorization provided under this
section shall be effective throughout the period the alien is
in protected status.
``(g) Fees.--The Secretary may require payment of a reasonable fee,
in an amount not to exceed $50, as a condition of registering an alien
under this section. The Secretary may impose a separate, additional fee
for providing an alien with documentation of work authorization.
Notwithstanding section 3302 of title 31, United States Code, all fees
collected under this subparagraph shall be credited to the
appropriation to be used in carrying out this section.
``(h) Withdrawal of Protected Status.--The Secretary shall withdraw
protected status granted to an alien under this section if--
``(1) the Secretary finds that the alien was not in fact
eligible for such status under this section; or
``(2) the alien fails, without good cause, to register with
the Secretary at the end of each 36-month period after the
granting of such status, in a form and manner specified by the
Secretary.
``(i) Treatment of Brief, Casual, and Innocent Departures and
Certain Other Absences.--
``(1) In general.--For purposes of subsection (b)(2), an
alien shall not be considered to have failed to maintain
continuous residence in the United States by virtue of brief,
casual, and innocent absences from the United States without
regard to whether such absences were authorized by the
Secretary.
``(2) Renewal of protected status.--For purposes of
subsection (b)(2), in the case of an alien seeking to renew
protected status under this section, absence from the United
States for a continuous period, beginning on the date on which
the Secretary most recently granted or renewed the alien's
protected status under this section--
``(A) of one year or less, shall not break the
continuity of such residency requirement; and
``(B) of longer than one year, shall break the
continuity of such residence, unless the applicant
establishes to the satisfaction of the Secretary that
he did not abandon his residence in the United States
during such period.
``(j) Confidentiality.--
``(1) In general.--The Secretary may not disclose or use
information provided under this section for the purpose of
enforcing the immigration laws.
``(2) Referrals prohibited.--The Secretary may not refer
any alien granted protected status under this section to U.S.
Immigration and Customs Enforcement or to U.S. Customs and
Border Protection.
``(3) Exception.--Notwithstanding paragraphs (1) and (2),
the Secretary may disclose information provided under this
section to Federal security and law enforcement agencies--
``(A) for assistance in the consideration of an
application for protected status under this section;
``(B) to identify or prevent fraudulent claims for
protected status under this section;
``(C) for national security purposes; and
``(D) in relation to the investigation or
prosecution of any felony not related to the alien's
immigration status.
``(4) Penalty.--Whoever knowingly discloses or uses
information in violation of this subsection shall be fined not
more than $10,000.
``(k) Treatment During Period of Protected Status.--During a period
in which an alien is granted protected status under this section--
``(1) the alien shall be considered a qualified alien for
purposes of title IV of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996;
``(2) the alien may travel abroad without the prior consent
of the Secretary; and
``(3) for purposes of adjustment of status under section
245 and change of classification under section 248, the alien
shall be considered as having been inspected and admitted into
the United States, and as being in, and maintaining lawful
status as a nonimmigrant.
``(l) Clarification.--Nothing in this section shall be construed as
authorizing the Secretary to deny protected status to an alien based on
the alien's immigration status or to require any alien, as a condition
of being granted such status, either to relinquish nonimmigrant or
other status the alien may have or to execute any waiver of other
rights under this chapter. The granting of protected status under this
section shall not be considered to be inconsistent with the granting of
nonimmigrant status under this chapter.
``(m) Adjustment of Status in Cases of Extreme Hardship.--
``(1) In general.--Notwithstanding any other provision of
law, including section 244(h), the Secretary of Homeland
Security shall adjust the status of an alien to that of an
alien lawfully admitted for permanent residence if the alien--
``(A) meets the eligibility requirements of
paragraphs (1) and (3) of subsection (b);
``(B) establishes that removal would result in
extreme hardship to the alien or to the alien's United
States citizen or lawful permanent resident spouse,
parent, or child; and
``(C) submits an application to the Secretary.
``(2) Numerical limitations do not apply.--The numerical
limitations of sections 201 and 202 shall not apply to the
adjustment of aliens to lawful permanent resident status under
this section.
``(3) Rule of construction.--This subsection does not
prevent an alien granted protected status under this section
who does not meet the requirement of paragraph (1)(B) from
adjusting status under section 245.
``(n) Review.--The Secretary shall establish a process for an alien
denied protected status under this section to seek review of such a
determination. Such process shall not prevent an alien from asserting
eligibility for status under this section in removal proceedings.''.
SEC. 3. TEMPORARY PROTECTED STATUS CLARIFICATIONS.
(a) Expunged Convictions Not a Bar.--Section 244(c)(2) of the
Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)) is amended by
adding at the end the following:
``(C) Conviction.--For purposes of this paragraph,
the term `conviction' does not include an adjudication
or judgment of guilt that has been dismissed, expunged,
deferred, annulled, invalidated, withheld, or vacated,
an order of probation without entry of judgment, or any
similar disposition.''.
(b) Aliens Considered Inspected and Admitted Into the United
States.--Section 244(f)(4) of the Immigration and Nationality Act (8
U.S.C. 1254a(f)(4)) is amended by inserting after ``considered'' the
following: ``as having been inspected and admitted into the United
States, and''.
SEC. 4. REPORT ON PROTECTED STATUS.
On the date that is 90 days after the date of the enactment of this
Act, and every 90 days thereafter, the Secretary of Homeland Security
shall submit to the Committees on the Judiciary of the House of
Representatives and of the Senate a report that includes, for the
previous 90-day period--
(1) the number of aliens who submitted applications to the
Secretary for protected status under section 244A of the
Immigration and Nationality Act;
(2) the number of such applications that were approved;
(3) the number of aliens present in the United States with
protected status, including information related to the States
in which such aliens reside, the ages of such aliens, and the
duration of their residence in the United States; and
(4) any additional information determined appropriate by
the Secretary.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Border Security.
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