,,ii #aahth ,,congress #ast ,session ,s4 #bjg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #a1 #bjbc,mr4 ,lankford introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to modify the procedures for designating foreign states under section #bdd of the ,immigration and ,nationality ,act and granting temporary protected status to nationals of such foreign states4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,temporary ,protected ,status ,reform and ,integrity ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,designation of a foreign state for temporary protected status4,sec4 #c4 ,travel abroad by a registrant with temporary protected status4,sec4 #d4 ,procedures upon termination of a temporary protected status designation4,sec4 #e4 ,clarification of temporary protected status4,sec4 #f4 ,filing of requests for temporary protected status4,sec4 #g4 ,technical amendments4,sec4 #h4 ,severability4,sec4 #i4 ,effective date4 #b4 ,designation of a foreign state for temporary protected status 7a7 ,in general ,section #bdd7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7b77 is amended-- 7#a7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 7#b7 in paragraph 7#a71 in the undesignated matter following subparagraph 7,c71 by inserting the ,secretary of ,homeland ,security1 not later than #cj days before such effective date1 submits a report to ,congress that contains all of the matters described in paragraph 7#c77;,c77ii7 with respect to such designation and after unless2 and 7#c7 in paragraph 7#c7-- 7,a7 by amending subparagraph 7,a7 to read as follows3 7,a7 ,reviews 7i7 ,initial review ,not later than #ij days before the end of the initial period of designation of a foreign state 7or part of a foreign state7 under this subsection1 the ,secretary of ,homeland ,security1 after consultation with the appropriate ,federal agencies-- 7,i7 shall review the conditions in the foreign state 7or part of the foreign state7 for which such designation is in effect2 and 7,,ii7 may extend such designation for a period not to exceed #ah months if the ,secretary-- 7aa7 determines that the conditions for such designation continue to be met2 and 7bb7 submits the information described in subparagraph 7,c77ii7 to ,congress4 7ii7 ,periodic reviews ,not later than #ij days before the end of any extended period of designation beyond the first designation of a foreign state 7or part of a foreign state7 under this subsection1 the ,secretary of ,homeland ,security1 after consultation with the appropriate ,federal agencies-- 7,i7 shall review the conditions in the foreign state 7or part of the foreign state7 for which such designation is in effect2 and 7,,ii7 may make a determination as to whether the conditions for such designation continue to be met4 2 7,b7 in subparagraph 7,b7-- 7i7 by striking ,if the ,attorney ,general and inserting the following3 7i7 ,automatic termination ,a designation shall terminate on the date on which such designation1 or the most recent extension of such designation1 is scheduled to expire if-- 7,i7 the ,secretary of ,homeland ,security does not make a determination under clause 7i77,,ii7 or 7ii77,,ii7 of subparagraph 7,a7 that the conditions for such designation continue to be met2 or 7,,ii7 7aa7 the ,secretary of ,homeland ,security submits a recommendation to extend such designation pursuant to subparagraph 7,c77i72 and 7bb7 such extension is not expressly authorized by an ,act of ,congress that is enacted not later than #ij days after the date on which such recommendation is submitted4 7ii7 ,effect of determination ,if the ,secretary of ,homeland ,security 2 and 7ii7 by striking the ,attorney ,general and inserting the ,secretary2 and 7,c7 by striking subparagraph 7,c7 and inserting the following3 7,c7 ,recommendation to congress on extensions of designation 7i7 ,recommendation ,if the ,secretary of ,homeland ,security determines1 pursuant to subparagraph 7,a77ii71 that a foreign state 7or part of a foreign state7 continues to meet the conditions for designation under paragraph 7#a7 and that such designation should receive a second or subsequent extension1 the ,secretary shall submit a recommendation to ,congress to extend1 by an ,act of ,congress1 the period of designation of the foreign state 7or part of the foreign state7 for a period not to exceed #ah months4 7ii7 ,matters to be included ,a recommendation under clause 7i7 shall include-- 7,i7 a justification for the extension1 including a description of-- 7aa7 the humanitarian concern in the foreign state 7or part of a foreign state72 or 7bb7 the reason for which the extension is otherwise in the national interest of the ,united ,states2 and 7,,ii7 a report to the appropriate congressional committees that includes-- 7aa7 a summary of the country conditions information assessed by the ,secretary of ,homeland ,security and the appropriate ,federal agencies that with which the ,secretary has consulted2 7bb7 copies of all sources from which the country conditions information described in item 7aa7 originated2 7cc7 an unredacted copy of the signed decision memo to designate or extend temporary protected status for the foreign state 7or part of a foreign state72 7dd7 a justification for why the entire foreign state 7rather than a part of the foreign state7 merits such designation1 if applicable2 7ee7 the analysis used to reach the decision described in item 7dd72 7ff7 any local or regional variations in the country conditions which differ from the prior designation or requested redesignation2 and 7gg7 the estimated or actual population of aliens from the foreign state 7or part of such foreign state7 residing in the ,united ,states-- 7,,aa7 who have valid nonimmigrant status2 7,,bb7 who have been granted a discretionary reprieve from removal2 7,,cc7 who have overstayed any type of lawful status in the ,united ,states2 7,,dd7 who have never held lawful status in the ,united ,states2 7,,ee7 who have any sort of criminal record1 with a description of the nature of such criminal record2 7,,ff7 who have traveled abroad during the period of designation1 with the prior approval of the ,secretary of ,homeland ,security2 7,,gg7 who have traveled abroad during the period of designation without the prior approval from the ,secretary of ,homeland ,security2 7,,hh7 whose temporary protected status has been terminated for any reason2 or 7,,ii7 who have previously been ordered removed from the ,united ,states4 7iii7 ,consultation 7,i7 ,in general ,not later than #cj days after submitting a recommendation described in clause 7i7 to ,congress1 the ,secretary of ,homeland ,security shall provide a briefing to the appropriate congressional committees4 7,,ii7 ,consultation described ,each consultation required under subclause 7,i7 shall involve an in-person appearance by a designated cabinet-level representative of the ,president with members of the appropriate congressional committees to review the justification extending a designation under this subparagraph1 including a discussion of the elements described in clause 7ii74 7,d7 ,prohibition against new designations 7i7 ,in general ,subject to clauses 7ii7 and 7iii71 the ,secretary of ,homeland ,security may not designate a foreign state 7or part of a foreign state7 for which a designation has terminated pursuant to subparagraph 7,b77i7 during the #ah-month period beginning on the date of such termination4 7ii7 ,applicability ,clause 7i7 shall not apply to a designation that is expressly authorized by an ,act of ,congress4 7iii7 ,same or similar designation ,the ,secretary of ,homeland ,security may not redesignate a foreign state 7or part of a foreign state7 for which a designation has terminated pursuant to subparagraph 7,b77i7 based on the same or a similar criteria1 event1 or justification4 7,e7 ,clarification regarding eligibility for temporary protected status 7i7 ,treatment of prior status ,any alien who has been admitted and held valid nonimmigrant status shall not be considered eligible for temporary protected status under this subsection unless such status is terminated not later than #ahj days before the termination of a designation or an extension of a designation of temporary protected status4 7ii7 ,treatment of criminal convictions ,any alien who has been convicted of #b or more misdemeanors or #a or more felonies is not eligible for temporary protected status under this section4 7iii7 ,unlawful entry or visa overstay eligibility ,any alien who has entered the ,united ,states without inspection1 has overstayed the period for which the alien has been lawfully admitted1 has been issued a final order of removal1 or otherwise is not lawfully present in the ,united ,states is not eligible for temporary protected status under this section4 7iv7 ,prohibition on approval of requests for aliens who entered the ,united ,states after the date of designation 7,i7 ,late arrivals ,notwithstanding any other provision of law1 an alien who enters the ,united ,states after the date on which the ,secretary designates a foreign state 7or part of a foreign state7 pursuant to paragraph 7#a7 shall be considered ineligible to register for temporary protected status under this section4 7,,ii7 ,continuation of ineligibility ,any alien who is determined to be ineligible for temporary protected status under this section is not eligible to receive such status during any extension of a designation of the foreign state 7or part of a foreign state7 of which such alien is a national4 7,,iii7 ,continuous presence requirement ,any alien who failed to meet the continuous presence requirement as of the date on which the ,secretary of ,homeland ,security designated the foreign state 7or the part of a foreign state7 of which the alien is national is not eligible to register for temporary protected status under this section4 ,the date of the ,secretary of ,homeland ,security's designation shall be deemed to be the date on which the ,secretary announces such decision1 rather than the date on which such decision was published in the ,federal ,register4 4 7b7 ,conforming amendment ,section #bdd7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7a77 is amended by striking paragraph 7#e74 #c4 ,travel abroad by a registrant with temporary protected status 7a7 ,in general ,section #bdd7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7c77 is amended-- 7#a7 in paragraph 7#c77;,b71 by striking except as and all that follows through permitted in subsection 7f77#c712 and 7#b7 by amending paragraph 7#d7 to read as follows3 7#d7 ,prohibition of travel abroad by a registrant with temporary protected status 7,a7 ,effect of failure to maintain continuous residence ,except as provided in subparagraph 7,b71 any alien who fails to maintain continuous residence for the duration of his or her temporary protected status in accordance with paragraph 7#a77;,a77i7 shall have such status withdrawn immediately upon departure from the ,united ,states4 7,b7 ,exception for preapproved absences 7i7 ,in general ,an alien shall not be considered to have failed to maintain continuous residence in the ,united ,states under paragraph 7#a77;,a77ii7 due to a brief absence from the ,united ,states that was approved by the ,secretary of ,homeland ,security in advance4 7ii7 ,effect on eligibility for parole ,any alien who receives prior approval from the ,secretary of ,homeland ,security for a brief absence from the ,united ,states is ineligible for parole under section #bab7;d77#e7 upon returning to the ,united ,states4 7,c7 ,effect of return to country of nationality ,any alien who receives prior approval from the ,secretary of ,homeland ,security for a brief absence from the ,united ,states-- 7i7 shall have his or her temporary protected status withdrawn upon entering any country which is designated under subsection 7b72 and 7ii7 does not have a right to reinstatement or appeal of such withdrawal upon termination of temporary protected status under clause 7i74 4 7b7 ,disqualification of approved travel documents qualifying temporary protected status registrant for adjustment of status ,section #cjd7;c77#a7 of the ,miscellaneous and ,technical ,immigration and ,naturalization ,amendments of #aiia 7#h ,u4,s4,c4 #abed;a note7 is amended to read as follows3 7#a7 ,notwithstanding any other provision of law1 an alien described in paragraph 7#b7 who has been authorized by the ,secretary of ,homeland ,security to travel abroad temporarily and who returns to the ,united ,states in accordance with such authorization is not eligible for adjustment of status under section #bde7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7;a774 4 #d4 ,procedures upon termination of a temporary protected status designation ,section #bdd of the ,immigration and ,nationality ,act1 as amended by sections #b and #c1 is further amended-- 7#a7 in subsection 7b7-- 7,a7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#e7 and 7#f71 respectively2 7,b7 by inserting after paragraph 7#c7 the following3 7#d7 ,departure timeline ,if a designation of a foreign state 7or part of a foreign state7 is terminated pursuant to paragraph 7#c77;,b7-- 7,a7 the ,secretary of ,homeland ,security shall permit aliens granted temporary protected status as a result of such designation to remain in the ,united ,states for #ahj days after the termination of such designation2 7,b7 aliens who received employment authorization pursuant to such designation may not have such employment authorization extended beyond the earlier of-- 7i7 the last day of the #ahj-;day period described in subparagraph 7,a72 and 7ii7 the date on which such employment authorization was previously scheduled to terminate2 7,c7 aliens may not be shielded from removal to the country of designation upon conclusion of the #ahj-;day period described in subparagraph 7,a72 and 7,d7 any alien who has not departed or obtained another lawful status within #ahj days after the termination date described in subparagraph 7,a7 shall be considered an enforcement priority by the ,department of ,homeland ,security4 2 and 7,c7 in paragraph 7#f71 as redesignated1 by amending subparagraph 7,a7 to read as follows3 7,a7 ,judicial review ,there shall be no judicial review of any determination of the ,secretary of ,homeland ,security with respect to the designation1 the termination or extension of a designation1 or any collateral matters relating to the designation1 termination1 or extension of a foreign state 7or part of a foreign state7 under this subsection4 2 and 7#b7 in subsection 7d71 by amending paragraph 7#c7 to read as follows3 7#c7 ,effective date of termination 7,a7 ,in general ,upon the termination of a designation pursuant to subsection 7b77#c77;,b71 any alien granted temporary protected status as a result of such designation shall have #ahj days to depart the ,united ,states4 ,all benefits received by the alien as a result of such status shall be terminated not later than the last day of such #ahj-;day period4 7,b7 ,no new benefits approved ,the ,secretary of ,homeland ,security may not grant any new benefits to aliens based on the designation of a foreign state 7or part of a foreign state7 under subsection 7b7 on or after the date on which such designation is terminated4 4 #e4 ,clarification of temporary protected status ,section #bdd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a71 as amended by sections #b1 #c1 and #d1 is further amended-- 7#a7 in subsection 7c71 by amending paragraph 7#b7 to read as follows3 7#b7 ,eligibility standards and relation of temporary protected status to other immigration benefits 7,a7 ,changing or adjusting status ,any alien who registers under paragraph 7#a77;,a77iv7 is ineligible1 during the validity period of his or her temporary protected status registration-- 7i7 to adjust his or her status under section #bde2 or 7ii7 to change his or her nonimmigrant classification under section #bdh4 7,b7 ,waiver of grounds of inadmissibility ,the ,secretary of ,homeland ,security may not waive any provision under section #bab7;a7 when considering an alien's eligibility for temporary protected status4 ,if an alien who is in temporary protected status on the date of the enactment of the ,temporary ,protected ,status ,reform and ,integrity ,act received a permanent waiver of any such provision before such date of enactment1 such waiver shall remain in effect after such date of enactment4 7,c7 ,separate registration ,notwithstanding any other provision of law1 an alien's registration for temporary protected status is separate and distinct from the conditions regarding inspection and admission described in any other section of this chapter 2 and 7#b7 in subsection 7f7-- 7,a7 in the subsection heading1 by striking ,benefits and2 7,b7 by striking section-- and all that follows through 7#b7 and inserting section12 and 7,c7 by striking paragraphs 7#c7 and 7#d74 #f4 ,filing of requests for temporary protected status ,section #bdd of the ,immigration and ,nationality ,act1 as amended by sections #b1 #c1 #d1 and #e1 is further amended-- 7#a7 in subsection 7c77#a77;,b7-- 7,a7 by striking ,the amount of any such fee shall not exceed #ej42 and 7,b7 by striking fee for providing and inserting fees for biometrics 7including fingerprinting71 re-registration1 and providing2 7#b7 by redesignating subsection 7i7 as subsection 7j72 and 7#c7 by inserting after subsection 7h7 the following3 7i7 ,filing and processing of requests for temporary protected status 7#a7 ,in general ,not later than #ahj days after the date of the enactment of the ,temporary ,protected ,status ,reform and ,integrity ,act1 the ,secretary of ,homeland ,security shall require all applications or requests for benefits related to a designation under subsection 7b7 to be filed and processed electronically4 7#b7 ,timely filing required ,no application or request for a benefit related to a designation under subsection 7b7 shall be considered properly filed and adjudicated if such application or request was filed not later than #ij days after the date on which the notice of such designation was published in the ,federal ,register4 7#c7 ,prohibition on fee waivers ,notwithstanding any other provision of law1 no alien who applies for or requests temporary protected status shall be eligible for a waiver of the fee required under subsection 7c77#a77;,b74 4 #g4 ,technical amendments ,section #bdd of the ,immigration and ,nationality ,act1 as amended by this ,act1 is further amended by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security4 #h4 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or the application of such provision to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act1 the amendments made by this ,act1 and the application of the remaining provisions of this ,act1 to any person or circumstance1 shall not be affected4 #i4 ,effective date ,this ,act and the amendments made by this ,act shall take effect on the date that is #ahj days after the date of the enactment of this ,act4