,i #aafth ,,congress #ast ,session ,h4 ,r4 #bghc ,,in ,,the ,,house ,,of ,,representatives ,may #af1 #bjai,mr4 ,smith of ,new ,jersey 7for himself and ,mr4 ,diaz-,balart7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,immigration and ,nationality ,act to provide for certain protections for aliens granted temporary protected status or deferred enforced departure1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,tps and ,,ded ,protection ,act of #bjai4 #b4 ,adjustment of status for certain non-immigrant nationals granted temporary protected status or deferred enforced departure ,title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by inserting after section #bdd the following 7and amending the table of contents accordingly73 #bdd;,a4 ,adjustment of status for certain nationals in receipt of temporary protected status or deferred enforced departure 7a7 ,in general ,the status of any alien described in subsection 7c7 shall be adjusted by the ,secretary of ,homeland ,security to that of an alien lawfully admitted for permanent residence1 if the alien-- 7#a7 applies for such adjustment within #c years after the date of enactment of this section2 7#b7 is determined to be admissible to the ,united ,states for permanent residence2 and 7#c7 meets the criteria established under subsection 7c74 7b7 ,certain grounds for inadmissibility inapplicable 7#a7 ,in general ,for purposes of determining admissibility under subsection 7a77#b71 the grounds for inadmissibility specified in paragraphs 7#d71 7#e71 7#f77;,a71 and 7#g77;,a7 of section #bab7;a7 of the ,immigration and ,nationality ,act shall not apply4 7#b7 ,additional waiver for individual aliens ,the ,secretary may waive any other provision of section #bab7;a7 in the case of an individual alien for humanitarian purposes1 to assure family unity1 or when it is otherwise in the public interest4 7c7 ,aliens eligible for adjustment of status 7#a7 ,in general ,an alien shall be eligible for adjustment of status if-- 7,a7 the alien is a national of a country 7or part of a country7 with a designation under #bdd7;b7 of the ,immigration and ,nationality ,act during the period specified in section #bdd7;b77#b7 and who was granted temporary protected status1 or was otherwise eligible for temporary protected status1 on or before ,october #a1 #bjag1 or has been granted ,deferred ,enforced ,departure 7hereinafter in this section referred to as ,,ded7 on or before ,october #a1 #bjag2 and 7,b7 the alien has been continuously physically present in the ,united ,states for a period of not less than #c years before the date of the enactment of this section4 7#b7 ,,tps aliens previously removed or departed ,an alien shall be eligible for adjustment of status if the alien was removed or voluntarily departed from the ,united ,states on or after ,september #be1 #bjaf1 if the alien-- 7,a7 applies from abroad2 7,b7 was continuously physically present in the ,united ,states for a period of not less than #c years before the date of removal or departure2 7,c7 had temporary protected status on such date1 or was otherwise eligible1 on such date1 for temporary protected status notwithstanding subsections 7c77#a77;,a77iv7 and 7c77#c77;,c7 of section #bdd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a72 and 7,d7 the sole reason for the alien's removal or departure was-- 7i7 that the alien was present in the ,united ,states after the expiration of the designation of that foreign state 7or part thereof7 under section #bdd7;b77#c77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7b77#c77;,b772 or 7ii7 in the case of a voluntary departure1 the alien did so on the basis of the ,secretary's determination to terminate such designation4 7#c7 ,,ded aliens previously removed or departed ,an alien shall be eligible for adjustment of status if the alien was removed or voluntarily departed from the ,united ,states on or after ,september #bh1 #bjaf1 if the alien-- 7,a7 applies from abroad2 7,b7 is under a grant of ,deferred ,enforced ,departure as of ,september #bh1 #bjaf2 7,c7 was continuously physically present in the ,united ,states for a period of not less than #c years before the date of removal or departure2 and 7,d7 the sole reason for the alien's removal or departure-- 7i7 was that the alien was present in the ,united ,states after the expiration of the deferral of enforced departure directed in the ,presidential ,memorandum on ,deferred ,enforced ,departure for ,liberians issued on ,september #bh1 #bjaf1 or any subsequent extension of such deferral2 or 7ii7 in the case of a voluntary departure1 the alien did so on the basis of the ,president's determination to terminate such presidential memorandum or extension4 7d7 ,waiver authorized ,notwithstanding any provision of the ,immigration and ,nationality ,act1 an alien who fails to meet the continuous physical presence requirement under paragraph 7#b7 of subsection 7c7 shall be considered eligible for status adjustment as provided in this section if the ,attorney ,general or the ,secretary determines that the removal of the alien from the ,united ,states would result in extreme hardship to the alien1 their spouse1 their children1 their parents1 or their domestic partner4 7e7 ,effect of application on certain orders ,an alien present in the ,united ,states who has been ordered removed or has been granted voluntary departure from the ,united ,states may1 notwithstanding such order1 apply for adjustment of status under this section4 ,such alien shall not be required to file a separate motion to reopen1 reconsider1 or vacate the order of removal4 ,if the ,secretary approves the application1 the ,secretary shall cancel the order of removal4 ,if the ,secretary renders a final administrative decision to deny the application1 the order of removal shall be effective and enforceable to the same extent as if the application had not been made4 7f7 ,work authorization ,the ,secretary shall authorize an alien who has applied for adjustment of status under this section to engage in employment in the ,united ,states during the pendency of such application and shall provide the alien with an appropriate document signifying authorization of employment4 7g7 ,adjustment of status for certain family members 7#a7 ,in general ,the status of an alien shall be adjusted by the ,secretary to that of an alien lawfully admitted for permanent residence if the alien-- 7,a7 is the spouse1 parent1 or unmarried son or daughter of an alien whose status is adjusted under this section2 7,b7 applies for adjustment under this section within #c years after the date of enactment of this ,act2 and 7,c7 is determined to be admissible to the ,united ,states for permanent residence4 7#b7 ,certain grounds for inadmissibility inapplicable ,for purposes of determining admissibility under subsection 7g77#a77;,c71 the grounds for inadmissibility specified in paragraphs 7#d71 7#e71 7#f77;,a71 and 7#g77;,a7 of section #bab7;a7 shall not apply4 7h7 ,availability of administrative review ,the ,secretary shall provide to aliens applying for adjustment of status under this section the same right to1 and procedures for1 administrative review as are provided to-- 7#a7 applicants for adjustment of status under section #bde2 or 7#b7 aliens subject to removal proceedings under section #bdj4 7i7 ,no offset in number of visas available ,the granting of adjustment of status under this section shall not reduce the number of immigrant visas authorized to be issued under any provision of the ,immigration and ,nationality ,act4 7j7 ,treatment of brief1 casual1 and innocent departures and certain other absences ,an alien who has failed to maintain the #c-year continuous physical presence requirement under subsection 7c7 because of brief1 casual1 and innocent departures or1 emergency travel1 or extenuating circumstances outside of the control of the alien1 shall not be considered to have failed to maintain continuous physical presence in the ,united ,states4 7k7 ,rule of construction ,nothing in this ,act shall be construed to include aliens 7as a class or individual basis7 from previously designated countries that no longer have valid temporary protected status designation under section #bdd7;b71 or aliens who no longer have a valid deferred enforced departure status1 unless such designated status or previously deferred enforced departure expires on or after ,january #a1 #bjag4 7l7 ,definitions ,in this section3 7#a7 ,the term domestic partner means an adult of at least #ah years of age in a committed relationship with the alien applying for adjustment4 ,a committed relationship is one in which the employee and the domestic partner of the employee are each other's sole domestic partner 7and are not married to or domestic partners with anyone else7 and share responsibility for a significant measure of each other's common welfare and financial obligations4 ,this includes1 but is not limited to1 any relationship between two individuals of the same or opposite sex that is granted legal recognition by a ,state or by the ,district of ,columbia as a marriage or analogous relationship 7including1 but not limited to1 a civil union74 7#b7 ,the term provide for its repatriated citizens means a country's ability to provide safety1 and social safety net services1 including preventive healthcare services1 and housing4 7#c7 ,the term ,deferred ,enforced ,departure or ,,ded refers to the presidential directive issued on ,september #bh1 #bjaf4 4 #c4 ,reporting requirements regarding future discontinued eligibility of aliens from countries currently listed under temporary protected status 7a7 ,additional reporting requirements ,section #bdd7;b77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7b77#c77 is amended by adding at the end1 the following3 7,d7 ,report on terminations ,within #c days after the ,attorney ,general's announcement1 including by notice in the ,federal ,register1 of a country's designation being terminated from ,temporary ,protected ,status1 the ,attorney ,general shall submit to the ,committee on the ,judiciary of the ,senate and the ,house ,judiciary ,committee a report that includes-- 7i7 an explanation of the event or events that initially prompted a country's designation under temporary protected status2 7ii7 the progress the country has made in remedying the designation specified in clause 7i71 including any significant challenges or shortcomings that have not been addressed since the initial designation2 and 7iii7 an analysis1 with applicable and relevant metrics as determined by the ,secretary1 of the country's ability to repatriate its nationals1 including-- 7,i7 the country's financial ability to provide for its repatriated citizens2 7,,ii7 the country's financial ability to address the initial designation specified in clause 7i7 without foreign assistance2 7,,iii7 the country's gross domestic product1 gross domestic product per capita1 and an analysis of the country's ability to be economically self-sufficient without foreign assistance2 7,,iv7 the economic and social impact repatriation of nationals in possession of temporary protected status would have on the recipient country2 and 7,v7 any additional metrics the ,secretary deems necessary4 4 #d4 ,adjustment of relation of period of temporary protected status to cancellation of removal ,section #bdd7;e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7e77 is amended-- 7#a7 by striking ,with respect to an alien and inserting the following3 7#a7 ,in general ,with respect to an alien 2 and 7#b7 by adding at the end1 the following3 7#b7 ,waiver for certain temporary protected status holders ,the provisions in subsection 7e7 shall not apply to an alien who is eligible for adjustment of status pursuant to section #bdd;,a of the ,immigration and ,nationality ,act4 4 #e4 ,eligibility for naturalization 7a7 ,in general ,notwithstanding sections #cai7;b71 #cbh1 and #cbi of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adcj7;b71 #adci1 and #addj71 an alien whose status is adjusted under section #bdd;,a of the ,immigration and ,nationality ,act to that of an alien lawfully admitted for permanent residence may apply for naturalization under chapter #b of title ,,iii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adba et seq47 not earlier than #e years after such adjustment of status4 7b7 ,language requirement waiver ,section #cab7;b77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adbc7;b77#b77 is amended-- 7#a7 in subparagraph 7,a71 by adding or at the end2 7#b7 in subparagraph 7,b71 by striking the period and inserting 2 or2 and 7#c7 by adding at the end the following3 7,c7 is an alien in receipt of status adjustment under section #bdd;,a of the ,immigration and ,nationality ,act4 4 #f4 ,designation for purposes of granting temporary protected status 7a7 ,designation 7#a7 ,in general ,for purposes of section #bdd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a71 ,venezuela shall be treated as if it had been designated under subsection 7b77#a77;,c7 of that section1 subject to the provisions of this section4 7#b7 ,period of designation ,the initial period of the designation referred to in paragraph 7#a7 shall be for the #ah-month period beginning on the date of the enactment of this ,act4 7b7 ,aliens eligible ,as a result of the designation made under subsection 7a71 an alien who is a national of ,venezuela is deemed to satisfy the requirements under paragraph 7#a7 of section #bdd7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7c771 subject to paragraph 7#c7 of such section1 if the alien-- 7#a7 has been continuously physically present in the ,united ,states since the date of the enactment of this ,act2 7#b7 is admissible as an immigrant1 except as otherwise provided in paragraph 7#b77;,a7 of such section1 and is not ineligible for temporary protected status under paragraph 7#b77;,b7 of such section2 and 7#c7 registers for temporary protected status in a manner established by the ,secretary of ,homeland ,security4 7c7 ,consent ,to travel abroad 7#a7 ,in general ,the ,secretary of ,homeland ,security shall give prior consent to travel abroad1 in accordance with section #bdd7;f77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7f77#c771 to an alien who is granted temporary protected status pursuant to the designation made under subsection 7a7 if the alien establishes to the satisfaction of the ,secretary of ,homeland ,security that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief1 temporary trip abroad4 7#b7 ,treatment upon return ,an alien returning to the ,united ,states in accordance with an authorization described in paragraph 7#a7 shall be treated as any other returning alien provided temporary protected status under section #bdd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a74