Safe Environment from Countries Under Repression and Emergency Act or the SECURE Act
This bill allows qualified nationals of a country that has or had a temporary protected status designation to obtain permanent resident status.
Such an alien qualifies for permanent residence if the alien
The continuous presence requirement may be waived in certain instances.
A spouse, domestic partner, child, or unmarried child of a qualifying alien may also obtain permanent resident status under the bill upon meeting certain requirements.
An alien with a pending application shall receive work authorization and be eligible for travel authorization.
An alien may not be removed if the alien (1) has a pending application, or (2) is prima facie eligible for permanent resident status under this bill and intends to apply.
Information from applications may not be used or shared for immigration enforcement, with limited exceptions such as for identifying fraudulent claims.
The Department of Homeland Security must report to Congress when terminating a country's temporary protected status designation with an explanation justifying the termination.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 879 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 879
To provide a process for granting lawful permanent resident status to
aliens from certain countries who meet specified eligibility
requirements, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 26, 2019
Mr. Van Hollen (for himself, Mr. Cardin, Mrs. Feinstein, Ms. Klobuchar,
Mr. Kaine, Mr. Reed, Ms. Cortez Masto, and Ms. Smith) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To provide a process for granting lawful permanent resident status to
aliens from certain countries who meet specified eligibility
requirements, 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 TITLES.
This Act may be cited as the ``Safe Environment from Countries
Under Repression and Emergency Act'' or the ``SECURE Act''.
SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN FOREIGN NATIONALS.
(a) Adjustment of Status.--
(1) Authorization.--
(A) In general.--Notwithstanding section 245(c) of
the Immigration and Nationality Act (8 U.S.C. 1255(c)),
the status of any alien described in subsection (b)(1)
shall be adjusted by the Secretary of Homeland Security
to that of an alien lawfully admitted for permanent
residence if the alien--
(i) is not inadmissible under paragraph (2)
or (3) of section 212(a) of such Act (8 U.S.C.
1182(a));
(ii) is not deportable under paragraph (2),
(3), or (4) of section 237(a) of such Act (8
U.S.C. 1227(a)); and
(iii) is not described in section
208(b)(2)(A)(i) of such Act (8 U.S.C.
1158(b)(2)(A)(i)).
(B) Treatment of expunged convictions.--For
purposes of this Act, the term ``conviction'' does not
include a judgment that has been expunged or set aside
that resulted in a rehabilitative disposition or the
equivalent.
(2) Application.--
(A) In general.--Except as provided in subparagraph
(B), any alien who is physically present in the United
States may apply for adjustment of status under this
section.
(B) Applications from outside united states for
certain aliens previously removed or who departed.--In
the case of an alien who, on or after September 28,
2016, was removed from the United States or departed
pursuant to an order of voluntary departure, the alien
may apply for adjustment of status under this section
from outside the United States if, on the day before
the date on which the alien was so removed or so
departed, the alien was an alien described in
subsection (b)(1).
(C) Fee.--
(i) In general.--The Secretary of Homeland
Security shall require any alien applying for
permanent resident status under this section to
pay a reasonable fee that is commensurate with
the cost of processing the application. Such
fee may not exceed $1,140.
(ii) Fee exemption.--An applicant may be
exempted from paying the application fee
required under clause (i) if the applicant--
(I) is younger than 18 years of
age;
(II) received total income, during
the 12-month period immediately
preceding the date on which the
applicant files an application under
this section, that is less than 150
percent of the Federal poverty line;
(III) is in foster care or
otherwise lacking any parental or other
familial support; or
(IV) cannot care for himself or
herself because of a serious, chronic
disability.
(D) Relationship of application to certain
orders.--
(i) Motion not required.--An alien
described in subparagraph (A) or (B) who has
been the subject of an order of removal or
voluntary departure may not be required, as a
condition of submitting or approving an
application under such subparagraph, to file a
motion to reopen, reconsider, or vacate such
order.
(ii) Approval.--If the Secretary of
Homeland Security approves an application
submitted by an alien under this paragraph, the
Secretary shall cancel any order of removal or
voluntary departure to which the alien is or
was subject.
(iii) Denial.--If the Secretary of Homeland
Security renders a final administrative
decision to deny an application submitted by an
alien under this paragraph, any order of
removal or voluntary departure to which the
alien is subject shall be effective and
enforceable to the same extent as if such
application had not been made.
(b) Aliens Eligible for Adjustment of Status.--
(1) In general.--An alien is described in this subsection
if the alien--
(A) is a national of a foreign state that was at
any time designated under section 244(b) of the
Immigration and Nationality Act (8 U.S.C. 1254a(b));
(B)(i) is in temporary protected status under
section 244 of the Immigration and Nationality Act (8
U.S.C. 1254a);
(ii) held temporary protected status as a national
of a designated country listed in paragraph (1);
(iii) qualified for temporary protected status on
the date on which the last designation or extension was
made by the Secretary of Homeland Security; or
(iv) was present in the United States pursuant to a
grant of deferred enforced departure that had been
extended beyond September 28, 2016;
(C)(i) has been continuously present in the United
States for not less than 3 years and is physically
present in the United States on the date on which the
alien files an application for adjustment of status
under this section; or
(ii) in the case of an alien who, on or after
September 28, 2016, was removed from the United States
or departed pursuant to an order of voluntary
departure, was continuously present in the United
States for a period of not less than 3 years before the
date on which the alien was so removed or so departed;
and
(D) passes all applicable criminal and national
security background checks.
(2) Short absences.--An alien shall not be considered to
have failed to maintain continuous physical presence in the
United States under paragraph (1)(C) by reason of an absence,
or multiple absences, from the United States for any period or
periods that do not exceed, in the aggregate, 180 days.
(3) Waiver authorized.--Notwithstanding any provision of
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), an
alien who fails to meet the continuous physical presence
requirement under paragraph (1)(C) shall be considered eligible
for adjustment of status under this section if the Attorney
General or the Secretary of Homeland Security, as applicable,
determines that the removal or continued absence of the alien
from the United States, as applicable, would result in extreme
hardship to the alien or to the alien's spouse, children,
parents, or domestic partner.
(c) Stay of Removal.--
(1) In general.--Except as provided in paragraph (2), an
alien who is subject to a final order of removal may not be
removed if the alien--
(A) has a pending application under subsection (a);
or
(B)(i) is prima facie eligible to file an
application under subsection (a); and
(ii) indicates that he or she intends to file such
an application.
(2) Exception.--Paragraph (1) shall not apply to any alien
whose application under subsection (a) has been denied by the
Secretary of Homeland Security in a final administrative
determination.
(3) During certain proceedings.--
(A) In general.--Except as provided in subparagraph
(B) and notwithstanding any provision of the
Immigration and Nationality Act (8 U.S.C. 1101 et
seq.), the Secretary of Homeland Security may not order
any alien to be removed from the United States if the
alien raises, as a defense to such an order, the
eligibility of the alien to apply for adjustment of
status under subsection (a).
(B) Exception.--Subparagraph (A) shall not apply to
any alien whose application under subsection (a) has
been denied by the Secretary of Homeland Security in a
final administrative determination.
(4) Work authorization.--The Secretary of Homeland
Security--
(A) shall authorize any alien who has applied for
adjustment of status under subsection (a) to engage in
employment in the United States while such application
is pending; and
(B) may provide such alien with an ``employment
authorized'' endorsement or other appropriate document
signifying such employment authorization.
(d) Advance Parole.--
(1) In general.--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 of Homeland
Security makes a final decision regarding such application, the
alien shall be eligible to apply for advance parole.
(2) Applicability.--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 subsection.
(e) Adjustment of Status for Spouses and Children.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act (8 U.S.C. 1255(c)) and except
as provided in paragraphs (2) and (3), 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) is the spouse, domestic partner, child, or
unmarried son or daughter of an alien whose status has
been adjusted to that of an alien lawfully admitted for
permanent residence under subsection (a);
(B) is physically present in the United States on
the date on which the alien files an application for
such adjustment of status; and
(C) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence.
(2) Continuous presence requirement.--
(A) In general.--The status of an unmarried son or
daughter referred to in paragraph (1)(A) may not be
adjusted under paragraph (1) until such son or daughter
establishes that he or she has been physically present
in the United States for at least 1 year.
(B) Short absences.--An alien shall not be
considered to have failed to maintain continuous
physical presence in the United States under
subparagraph (A) by reason of an absence, or multiple
absences, from the United States for any period or
periods that do not exceed, in the aggregate, 180 days.
(3) Waiver.--In determining eligibility and admissibility
under paragraph (1)(C), the grounds for inadmissibility under
paragraphs (4), (5), (6), (7)(A), and (9) of section 212(a) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall
not apply.
(f) Clarification of Inspection and Admission Under Temporary
Protected Status.--Section 244(f)(4) of the Immigration and Nationality
Act (8 U.S.C. 1254a(f)(4)) is amended by inserting ``as having been
inspected and admitted into the United States, and'' after
``considered''.
(g) Availability of Administrative Review.--The Secretary of
Homeland Security shall provide applicants for adjustment of status
under subsection (a) the same right to, and procedures for,
administrative review as are provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act (8 U.S.C. 1255); or
(2) aliens who are subject to removal proceedings under
section 240 of such Act (8 U.S.C. 1229a).
(h) Exceptions to Numerical Limitations.--The numerical limitations
set forth in sections 201 and 202 of the Immigration and Nationality
Act (8 U.S.C. 1151 and 1152) shall not apply to aliens whose status is
adjusted pursuant to subsection (a).
SEC. 3. CONFIDENTIALITY OF INFORMATION.
(a) In General.--The Secretary of Homeland Security may not
disclose or use information provided in applications filed under
section 2 for the purpose of immigration enforcement.
(b) Referrals Prohibited.--The Secretary may not refer any
individual who has been granted permanent resident status under section
2 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 permanent resident status
under section 2 may be shared with Federal security and law enforcement
agencies--
(1) for assistance in the consideration of an application
for permanent resident status under such section;
(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. 4. ADDITIONAL REPORTING REQUIREMENTS REGARDING FUTURE DISCONTINUED
ELIGIBILITY OF ALIENS FROM COUNTRIES CURRENTLY LISTED
UNDER TEMPORARY PROTECTED STATUS.
Section 244(b)(3) of the Immigration and Nationality Act (8 U.S.C.
1254a(b)(3)) is amended--
(1) in subparagraph (A)--
(A) by striking ``Attorney General'' each place
such term appears and inserting ``Secretary of Homeland
Security''; and
(B) by inserting ``(including a recommendation from
the Secretary of State that is received by the
Secretary of Homeland Security not later than 90 days
before the end of such period of designation)'' after
``Government''; and
(2) in subparagraph (B)--
(A) by striking ``If the Attorney General'' and
inserting the following:
``(i) In general.--If the Secretary of
Homeland Security''; and
(B) in clause (i), as designated by subparagraph
(A), by striking ``Attorney General'' and inserting
``Secretary''; and
(C) by adding at the end the following:
``(ii) Report.--Not later than 3 days after
the publication of the Secretary's
determination in the Federal Register that a
country's designation under paragraph (1) is
being terminated, the Secretary shall submit a
report to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of
the House of Representatives that includes--
``(I) an explanation of the event
or events that initially prompted such
country's designation under paragraph
(1);
``(II) the progress the country has
made in remedying the designation under
paragraph (1), including any
significant challenges or shortcomings
that have not been addressed since the
initial designation;
``(III) a statement indicating
whether the country has requested a
designation under paragraph (1), a
redesignation under such paragraph, or
an extension of such designation; and
``(IV) an analysis, with applicable
and relevant metrics, as determined by
the Secretary, of the country's ability
to repatriate its nationals,
including--
``(aa) the country's
financial ability to provide
for its repatriated citizens;
``(bb) the country's
financial ability to address
the initial designation under
paragraph (1) without foreign
assistance;
``(cc) the country's gross
domestic product and per capita
gross domestic product per
capita;
``(dd) an analysis of the
country's political stability
and its ability to be
economically self-sufficient
without foreign assistance;
``(ee) the economic and
social impact the repatriation
of nationals in possession of
temporary protected status
would have on the recipient
country; and
``(ff) any additional
metrics the Secretary considers
necessary.''.
SEC. 5. OTHER MATTERS.
(a) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions
under section 101 of the Immigration and Nationality Act (8 U.S.C.
1101) shall apply when such terms are used in this Act.
(b) Savings Provision.--Nothing in this Act may be construed to
repeal, amend, alter, modify, effect, or restrict the powers, duties,
functions, or authority of the Secretary of Homeland Security in the
administration and enforcement of the immigration laws.
(c) Eligibility for Other Immigration Benefits.--Any alien who is
eligible to be granted the status of an alien lawfully admitted for
permanent residence under section 2 may not be precluded from seeking
such status under any other provision of law for which the alien may
otherwise be eligible.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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