TPS Reform Act of 2019
This bill changes the procedures for designating a country with temporary protected status (TPS). (Qualified nationals of a TPS-designated country shall have work authorization and may not be removed from the United States while the status is in effect.)
Specifically, the bill requires an act of Congress to designate a country with TPS status, where currently the Department of Justice has such authority. In an initial act designating a TPS country, Congress shall include a time period for the designation of up to 18 months. Congress may also pass an act to terminate or extend a designation.
The bill also establishes that an alien who lacks a lawful immigration status shall not receive the benefits of temporary protected status.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3899 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3899
To amend the Immigration and Nationality Act to modify the procedure to
designate a foreign state, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 23, 2019
Mr. Brooks of Alabama (for himself and Mr. Gosar) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to modify the procedure to
designate a foreign state, 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 ``TPS Reform Act of 2019''.
SEC. 2. TEMPORARY PROTECTED STATUS.
(a) Power To Designate a Foreign State.--Section 244(b) of the
Immigration and Nationality Act (8 U.S.C. 1254a(b)) is amended--
(1) by striking paragraphs (1), (2), and (3) and inserting
the following:
``(1) Initial designation.--For purposes of this section, a
foreign state shall be designated upon the enactment of an Act
that satisfies the following requirements:
``(A) The Act shall contain a finding--
``(i) that there is an ongoing armed
conflict within the state and, due to such
conflict, requiring the return of aliens who
are nationals of that state (or to the part of
the state) would pose a serious threat to their
personal safety;
``(ii) that--
``(I) there has been an earthquake,
flood, drought, epidemic, or other
immediately life-threatening
environmental disaster in the state
resulting in a substantial, but
temporary, disruption of living
conditions in the area affected;
``(II) the foreign state is unable,
temporarily, to handle adequately the
return to the state of aliens who are
nationals of the state; and
``(III) the foreign state
officially has requested designation
under this subparagraph; or
``(iii) that there exist extraordinary and
temporary conditions in the foreign state that
prevent aliens who are nationals of the state
from returning to the state in safety and that
permitting the aliens to remain temporarily in
the United States is not contrary to the
national interest of the United States.
``(B) The Act shall include--
``(i) an estimate of the number of
nationals of the foreign state who are (or
within the effective period of the designation
are likely to become) eligible for temporary
protected status under this section;
``(ii) such nationals' immigration status
in the United States; and
``(iii) a time period for the effectiveness
of the designation that is not greater than 18
months.
``(2) Termination.--
``(A) Timely termination.--If an initial
designation of a foreign state is not extended under
paragraph (3), the initial designation shall terminate
at the end of the time period described in paragraph
(1)(B)(iii).
``(B) Early termination.--For purposes of this
section, the designation of a foreign state shall be
terminated upon the enactment of an Act that contains a
finding that the foreign state (or part of such foreign
state) no longer meets the conditions for designation
under paragraph (1)(A).
``(3) Extension.--For purposes of this section, the time
period for the effectiveness of the designation of a foreign
state shall be extended upon the enactment of an Act that
includes--
``(A) a finding that the conditions for designation
under paragraph (1)(A) continue to be met; and
``(B) a time period for the effectiveness of the
extension that is not greater than 12 months.''; and
(2) in paragraph (5)(A), by striking ``of the Attorney
General'' and inserting ``made in any Act''.
(b) Aliens Lacking Lawful Immigration Status.--Section 244(c)(2)(B)
of the Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)) is
amended--
(1) in clause (i), by striking ``, or'' at the end and
inserting a semicolon;
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(iii) the alien lacks a lawful
immigration status.''.
(c) Conforming Amendments.--Section 244 of the Immigration and
Nationality Act (8 U.S.C. 1254a et seq.) is amended--
(1) in subsection (d)(3), by striking ``If the Attorney
General terminates the designation of a foreign state (or part
of such foreign state) under subsection (b)(3)(B)'' and
inserting ``If the designation of a foreign state (or part of
such foreign state) is terminated under section 244(b)(2)'';
and
(2) in subsection (i)(1)--
(A) in subparagraph (A), by striking the comma at
the end and adding ``; and'';
(B) in subparagraph (B), by striking ``, and'' at
the end and inserting a period; and
(C) by striking subparagraph (C).
(d) Technical Corrections.--Section 244 of the Immigration and
Nationality Act (8 U.S.C. 1254a), as amended by subsections (a) and (b)
of this Act, is further amended by striking ``Attorney General'' each
place it appears and inserting ``Secretary of Homeland Security''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Citizenship.
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