,,ii #aaeth ,,congress #ast ,session ,s4 #badd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #af1 #bjag ,mr4 ,van ,hollen 7for himself1 ,mr4 ,cardin1 ,mrs4 ,feinstein1 ,mr4 ,reed1 ,ms4 ,hirono1 ,mrs4 ,gillibrand1 ,mr4 ,markey1 ,ms4 ,harris1 ,mr4 ,whitehouse1 and ,ms4 ,cortez ,masto7 introduced the following bill2 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 requirements4 #a4 ,short title ,this ,act may be cited as the ,safe ,environment from ,countries ,under ,repression and ,emergency ,act or the ,,secure ,act4 #b4 ,adjustment of status of certain foreign nationals 7a7 ,adjustment of status 7#a7 ,in general ,notwithstanding section #bde7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7;c771 the status of any alien described in subsection 7b7 shall be adjusted by the ,secretary of ,homeland ,security to that of an alien lawfully admitted for permanent residence if the alien-- 7,a7 is not inadmissible under paragraph 7#b7 or 7#c7 of section #bab7;a7 of such ,act 7#h ,u4,s4,c4 #aahb7;a772 7,b7 is not deportable under paragraph 7#b71 7#c71 or 7#d7 of section #bcg7;a7 of such ,act 7#h ,u4,s4,c4 #abbg7;a772 and 7,c7 is not described in section #bjh7;b77#b77;,a77i7 of such ,act 7#h ,u4,s4,c4 #aaeh7;b77#b77;,a77i774 7#b7 ,relationship of application to certain orders 7,a7 ,in general ,an alien who is present in the ,united ,states and has been ordered removed1 or permitted voluntarily to depart1 from the ,united ,states under any provision of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 may1 notwithstanding such order1 apply for adjustment of status under paragraph 7#a74 7,b7 ,motion not required ,an alien described in subparagraph 7,a7 may not be required1 as a condition of submitting or approving an application under such subparagraph1 to file a motion to reopen1 reconsider1 or vacate an order described in such subparagraph4 7,c7 ,approval ,if the ,secretary of ,homeland ,security approves an application submitted by an alien under subparagraph 7,a71 the ,secretary shall cancel the order related to the alien that is referred to in such subparagraph4 7,d7 ,denial ,if the ,secretary of ,homeland ,security renders a final administrative decision to deny an application submitted by an alien under subparagraph 7,a71 the order related to such alien shall be effective and enforceable to the same extent as if such application had not been made4 7b7 ,aliens eligible for adjustment of status 7#a7 ,in general ,an alien is described in this subsection if the alien-- 7,a7 is a national of a foreign state that was at any time designated under section #bdd7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7b772 7,b7 7i7 is in temporary protected status under section #bdd of the ,immigration and ,nationality ,act #h 7#h ,u4,s4,c4 #abed;a72 7ii7 held temporary protected status as a national of a designated country listed in paragraph 7#a72 or 7iii7 qualified for temporary protected status at the time the last designation was made by the ,secretary of ,homeland ,security2 7,c7 has been continuously present in the ,united ,states for at least #c 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 section2 and 7,d7 passes all applicable criminal and national security background checks4 7#b7 ,short absences ,an alien shall not be considered to have failed to maintain continuous physical presence in the ,united ,states under paragraph 7#a77;,c7 by reason of an absence1 or multiple absences1 from the ,united ,states for any period or periods that do not exceed1 in the aggregate1 #ahj days4 7#c7 ,waiver authorized ,notwithstanding any provision of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 an alien who fails to meet the continuous physical presence requirement under paragraph 7#a77;,c7 shall be considered eligible to receive an adjustment of status under this section if the ,attorney ,general or the ,secretary of ,homeland ,security determines that the removal of the alien from the ,united ,states would result in extreme hardship to the alien or the alien's spouse1 children1 parents1 or domestic partner4 7c7 ,stay of removal 7#a7 ,in general ,except as provided in paragraph 7#b71 an alien who is subject to a final order of removal may not be removed if the alien-- 7,a7 has a pending application under subsection 7a72 or 7,b7 7i7 is prima facie eligible to file an application under subsection 7a72 and 7ii7 indicates that he or she intends to file such an application4 7#b7 ,exception ,paragraph 7#a7 shall not apply to any alien whose application under subsection 7a7 has been denied by the ,secretary of ,homeland ,security in a final administrative determination4 7#c7 ,during certain proceedings 7,a7 ,in general ,except as provided in subparagraph 7,b7 and notwithstanding any provision of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 the ,secretary of ,homeland ,security may not order any alien to be removed from the ,united ,states if the alien raises1 as a defense to such an order1 the eligibility of the alien to apply for adjustment of status under subsection 7a74 7,b7 ,exception ,subparagraph 7,a7 shall not apply to any alien whose application under subsection 7a7 has been denied by the ,secretary of ,homeland ,security in a final administrative determination4 7#d7 ,work authorization ,the ,secretary of ,homeland ,security-- 7,a7 shall authorize any alien who has applied for adjustment of status under subsection 7a7 to engage in employment in the ,united ,states while such application is pending2 and 7,b7 may provide such alien with an employment authorized endorsement or other appropriate document signifying such employment authorization4 7d7 ,adjustment of status for spouses and children 7#a7 ,in general ,notwithstanding section #bde7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7;c77 and except as provided in paragraphs 7#b7 and 7#c71 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-- 7,a7 is the spouse1 domestic partner1 child1 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 7a72 7,b7 is physically present in the ,united ,states on the date on which the alien files an application for such adjustment of status2 and 7,c7 is otherwise eligible to receive an immigrant visa and is otherwise admissible to the ,united ,states for permanent residence4 7#b7 ,continuous presence requirement 7,a7 ,in general ,the status of an unmarried son or daughter referred to in paragraph 7#a77;,a7 may not be adjusted under paragraph 7#a7 until such son or daughter establishes that he or she has been physically present in the ,united ,states for at least #a year4 7,b7 ,short absences ,an alien shall not be considered to have failed to maintain continuous physical presence in the ,united ,states under subparagraph 7,a7 by reason of an absence1 or multiple absences1 from the ,united ,states for any period or periods that do not exceed1 in the aggregate1 #ahj days4 7#c7 ,waiver ,in determining eligibility and admissibility under paragraph 7#a77;,c71 the grounds for inadmissibility under paragraphs 7#d71 7#e71 7#f71 7#g77;,a71 and 7#i7 of section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77 shall not apply4 7e7 ,availability of administrative review ,the ,secretary of ,homeland ,security shall provide applicants for adjustment of status under subsection 7a7 the same right to1 and procedures for1 administrative review as are provided to-- 7#a7 applicants for adjustment of status under section #bde of the ,immigration and ,nationality ,act #ai 7#h ,u4,s4,c4 #abee72 or 7#b7 aliens who are subject to removal proceedings under section #bdj of such ,act 7#h ,u4,s4,c4 #abbi;a74 7f7 ,exceptions to numerical limitations ,the numerical limitations set forth in sections #bja and #bjb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea and #aaeb7 shall not apply to aliens whose status is adjusted pursuant to subsection 7a74 #c4 ,additional reporting requirements regarding future discontinued eligibility of aliens from countries currently listed under temporary protected status ,section #bdd7;b77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7b77#c77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by striking the ,attorney ,general and inserting 1 the ,secretary of ,homeland ,security2 7,b7 by inserting 7including a recommendation from the ,secretary of ,state that is received by the ,secretary of ,homeland ,security not later than #ij days before the end of such period of designation7 after ,government2 and 7,c7 by striking ,the ,attorney ,general and inserting ,the ,secretary2 and 7#b7 in subparagraph 7,b7-- 7,a7 by striking ,if the ,attorney ,general and inserting the following3 7i7 ,in general ,if the ,secretary of ,homeland ,security 2 7,b7 in clause 7i71 as redesignated1 by striking ,attorney ,general and inserting ,secretary2 and 7,c7 by adding at the end the following3 7ii7 ,report ,not later than #c days after the publication of the ,secretary's determination in the ,federal ,register that a country's designation under paragraph 7#a7 is being terminated1 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 shall include-- 7,i7 an explanation of the event or events that initially prompted such country's designation under paragraph 7#a72 7,,ii7 the progress the country has made in remedying the designation under paragraph 7#a71 including any significant challenges or shortcomings that have not been addressed since the initial designation2 7,,iii7 a statement indicating whether the country has requested a designation under paragraph 7#a71 a redesignation under such paragraph1 or an extension of such designation2 and 7,,iv7 an analysis1 with applicable and relevant metrics1 as determined by the ,secretary1 of the country's ability to repatriate its nationals1 including-- 7aa7 the country's financial ability to provide for its repatriated citizens2 7bb7 the country's financial ability to address the initial designation under paragraph 7#a7 without foreign assistance2 7cc7 the country's gross domestic product and per capita gross domestic product per capita2 7dd7 an analysis of the country's political stability and its ability to be economically self-sufficient without foreign assistance2 7ee7 the economic and social impact repatriation of nationals in possession of temporary protected status would have on the recipient country2 and 7ff7 any additional metrics the ,secretary considers necessary4 4 #d4 ,other matters 7a7 ,application of ,immigration and ,nationality ,act provisions ,except as otherwise specifically provided in this ,act1 the definitions in the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 shall apply in this ,act4 7b7 ,savings provision ,nothing in this ,act may be construed to repeal1 amend1 alter1 modify1 effect1 or restrict the powers1 duties1 functions1 or authority of the ,secretary of ,homeland ,security in the administration and enforcement of the immigration laws4 7c7 ,eligibility for other immigration benefits ,an alien who is eligible to be granted the status of an alien lawfully admitted for permanent residence under section #b may not be precluded from seeking such status under any other provision of law for which the alien may otherwise be eligible4