8 U.S.C. § 1254a : US Code - Section 1254A: Temporary protected status

Search 8 U.S.C. § 1254a : US Code - Section 1254A: Temporary protected status

(a) Granting of status
(1) In general
In the case of an alien who is a national of a foreign state
designated under subsection (b) of this section (or in the case
of an alien having no nationality, is a person who last
habitually resided in such designated state) and who meets the
requirements of subsection (c) of this section, the Attorney
General, in accordance with this section - 
(A) may grant the alien temporary protected status in the
United States and shall not remove the alien from the United
States during the period in which such status is in effect, and
(B) shall authorize the alien to engage in employment in the
United States and provide the alien with an "employment
authorized" endorsement or other appropriate work permit.
(2) Duration of work authorization
Work authorization provided under this section shall be
effective throughout the period the alien is in temporary
protected status under this section.
(3) Notice
(A) Upon the granting of temporary protected status under this
section, the Attorney General shall provide the alien with
information concerning such status under this section.
(B) If, at the time of initiation of a removal proceeding
against an alien, the foreign state (of which the alien is a
national) is designated under subsection (b) of this section, the
Attorney General shall promptly notify the alien of the temporary
protected status that may be available under this section.
(C) If, at the time of designation of a foreign state under
subsection (b) of this section, an alien (who is a national of
such state) is in a removal proceeding under this subchapter, the
Attorney General shall promptly notify the alien of the temporary
protected status that may be available under this section.
(D) Notices under this paragraph shall be provided in a form
and language that the alien can understand.
(4) Temporary treatment for eligible aliens
(A) In the case of an alien who can establish a prima facie
case of eligibility for benefits under paragraph (1), but for the
fact that the period of registration under subsection
(c)(1)(A)(iv) of this section has not begun, until the alien has
had a reasonable opportunity to register during the first 30 days
of such period, the Attorney General shall provide for the
benefits of paragraph (1).
(B) In the case of an alien who establishes a prima facie case
of eligibility for benefits under paragraph (1), until a final
determination with respect to the alien's eligibility for such
benefits under paragraph (1) has been made, the alien shall be
provided such benefits.
(5) Clarification
Nothing in this section shall be construed as authorizing the
Attorney General to deny temporary protected status to an alien
based on the alien's immigration status or to require any alien,
as a condition of being granted such status, either to relinquish
nonimmigrant or other status the alien may have or to execute any
waiver of other rights under this chapter. The granting of
temporary protected status under this section shall not be
considered to be inconsistent with the granting of nonimmigrant
status under this chapter.
(b) Designations
(1) In general
The Attorney General, after consultation with appropriate
agencies of the Government, may designate any foreign state (or
any part of such foreign state) under this subsection only if - 
(A) the Attorney General finds 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 to that
state (or to the part of the state) would pose a serious threat
to their personal safety;
(B) the Attorney General finds that - 
(i) there has been an earthquake, flood, drought, epidemic,
or other 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
(C) the Attorney General finds 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, unless the Attorney General finds that
permitting the aliens to remain temporarily in the United
States is contrary to the national interest of the United
States.
A designation of a foreign state (or part of such foreign state)
under this paragraph shall not become effective unless notice of
the designation (including a statement of the findings under this
paragraph and the effective date of the designation) is published
in the Federal Register. In such notice, the Attorney General
shall also state an estimate of the number of nationals of the
foreign state designated who are (or within the effective period
of the designation are likely to become) eligible for temporary
protected status under this section and their immigration status
in the United States.
(2) Effective period of designation for foreign states
The designation of a foreign state (or part of such foreign
state) under paragraph (1) shall - 
(A) take effect upon the date of publication of the
designation under such paragraph, or such later date as the
Attorney General may specify in the notice published under such
paragraph, and
(B) shall remain in effect until the effective date of the
termination of the designation under paragraph (3)(B).
For purposes of this section, the initial period of designation
of a foreign state (or part thereof) under paragraph (1) is the
period, specified by the Attorney General, of not less than 6
months and not more than 18 months.
(3) Periodic review, terminations, and extensions of designations
(A) Periodic review
At least 60 days before end of the initial period of
designation, and any extended period of designation, of a
foreign state (or part thereof) under this section the Attorney
General, after consultation with appropriate agencies of the
Government, shall review the conditions in the foreign state
(or part of such foreign state) for which a designation is in
effect under this subsection and shall determine whether the
conditions for such designation under this subsection continue
to be met. The Attorney General shall provide on a timely basis
for the publication of notice of each such determination
(including the basis for the determination, and, in the case of
an affirmative determination, the period of extension of
designation under subparagraph (C)) in the Federal Register.
(B) Termination of designation
If the Attorney General determines under subparagraph (A)
that a foreign state (or part of such foreign state) no longer
continues to meet the conditions for designation under
paragraph (1), the Attorney General shall terminate the
designation by publishing notice in the Federal Register of the
determination under this subparagraph (including the basis for
the determination). Such termination is effective in accordance
with subsection (d)(3) of this section, but shall not be
effective earlier than 60 days after the date the notice is
published or, if later, the expiration of the most recent
previous extension under subparagraph (C).
(C) Extension of designation
If the Attorney General does not determine under subparagraph
(A) that a foreign state (or part of such foreign state) no
longer meets the conditions for designation under paragraph
(1), the period of designation of the foreign state is extended
for an additional period of 6 months (or, in the discretion of
the Attorney General, a period of 12 or 18 months).
(4) Information concerning protected status at time of
designations
At the time of a designation of a foreign state under this
subsection, the Attorney General shall make available information
respecting the temporary protected status made available to
aliens who are nationals of such designated foreign state.
(5) Review
(A) Designations
There is no judicial review of any determination of the
Attorney General with respect to the designation, or
termination or extension of a designation, of a foreign state
under this subsection.
(B) Application to individuals
The Attorney General shall establish an administrative
procedure for the review of the denial of benefits to aliens
under this subsection. Such procedure shall not prevent an
alien from asserting protection under this section in removal
proceedings if the alien demonstrates that the alien is a
national of a state designated under paragraph (1).
(c) Aliens eligible for temporary protected status
(1) In general
(A) Nationals of designated foreign states
Subject to paragraph (3), an alien, who is a national of a
state designated under subsection (b)(1) of this section (or in
the case of an alien having no nationality, is a person who
last habitually resided in such designated state), meets the
requirements of this paragraph only if - 
(i) the alien has been continuously physically present in
the United States since the effective date of the most recent
designation of that state;
(ii) the alien has continuously resided in the United
States since such date as the Attorney General may designate;
(iii) the alien is admissible as an immigrant, except as
otherwise provided under paragraph (2)(A), and is not
ineligible for temporary protected status under paragraph
(2)(B); and
(iv) to the extent and in a manner which the Attorney
General establishes, the alien registers for the temporary
protected status under this section during a registration
period of not less than 180 days.
(B) Registration fee
The Attorney General may require payment of a reasonable fee
as a condition of registering an alien under subparagraph
(A)(iv) (including providing an alien with an "employment
authorized" endorsement or other appropriate work permit under
this section). The amount of any such fee shall not exceed $50.
In the case of aliens registered pursuant to a designation
under this section made after July 17, 1991, the Attorney
General may impose a separate, additional fee for providing an
alien with documentation of work authorization. Notwithstanding
section 3302 of title 31, all fees collected under this
subparagraph shall be credited to the appropriation to be used
in carrying out this section.
(2) Eligibility standards
(A) Waiver of certain grounds for inadmissibility
In the determination of an alien's admissibility for purposes
of subparagraph (A)(iii) of paragraph (1) - 
(i) the provisions of paragraphs (5) and (7)(A) of section
1182(a) of this title shall not apply;
(ii) except as provided in clause (iii), the Attorney
General may waive any other provision of section 1182(a) of
this title in the case of individual aliens for humanitarian
purposes, to assure family unity, or when it is otherwise in
the public interest; but
(iii) the Attorney General may not waive - 
(I) paragraphs (2)(A) and (2)(B) (relating to criminals)
of such section,
(II) paragraph (2)(C) of such section (relating to drug
offenses), except for so much of such paragraph as relates
to a single offense of simple possession of 30 grams or
less of marijuana, or
(III) paragraphs (3)(A), (3)(B), (3)(C), and (3)(E) of
such section (relating to national security and
participation in the Nazi persecutions or those who have
engaged in genocide).
(B) Aliens ineligible
An alien shall not be eligible for temporary protected status
under this section if the Attorney General finds that - 
(i) the alien has been convicted of any felony or 2 or more
misdemeanors committed in the United States, or
(ii) the alien is described in section 1158(b)(2)(A) of
this title.
(3) Withdrawal of temporary protected status
The Attorney General shall withdraw temporary protected status
granted to an alien under this section if - 
(A) the Attorney General finds that the alien was not in fact
eligible for such status under this section,
(B) except as provided in paragraph (4) and permitted in
subsection (f)(3) of this section, the alien has not remained
continuously physically present in the United States from the
date the alien first was granted temporary protected status
under this section, or
(C) the alien fails, without good cause, to register with the
Attorney General annually, at the end of each 12-month period
after the granting of such status, in a form and manner
specified by the Attorney General.
(4) Treatment of brief, casual, and innocent departures and
certain other absences
(A) For purposes of paragraphs (1)(A)(i) and (3)(B), an alien
shall not be considered to have failed to maintain continuous
physical presence in the United States by virtue of brief,
casual, and innocent absences from the United States, without
regard to whether such absences were authorized by the Attorney
General.
(B) For purposes of paragraph (1)(A)(ii), an alien shall not be
considered to have failed to maintain continuous residence in the
United States by reason of a brief, casual, and innocent absence
described in subparagraph (A) or due merely to a brief temporary
trip abroad required by emergency or extenuating circumstances
outside the control of the alien.
(5) Construction
Nothing in this section shall be construed as authorizing an
alien to apply for admission to, or to be admitted to, the United
States in order to apply for temporary protected status under
this section.
(6) Confidentiality of information
The Attorney General shall establish procedures to protect the
confidentiality of information provided by aliens under this
section.
(d) Documentation
(1) Initial issuance
Upon the granting of temporary protected status to an alien
under this section, the Attorney General shall provide for the
issuance of such temporary documentation and authorization as may
be necessary to carry out the purposes of this section.
(2) Period of validity
Subject to paragraph (3), such documentation shall be valid
during the initial period of designation of the foreign state (or
part thereof) involved and any extension of such period. The
Attorney General may stagger the periods of validity of the
documentation and authorization in order to provide for an
orderly renewal of such documentation and authorization and for
an orderly transition (under paragraph (3)) upon the termination
of a designation of a foreign state (or any part of such foreign
state).
(3) Effective date of terminations
If the Attorney General terminates the designation of a foreign
state (or part of such foreign state) under subsection (b)(3)(B)
of this section, such termination shall only apply to
documentation and authorization issued or renewed after the
effective date of the publication of notice of the determination
under that subsection (or, at the Attorney General's option,
after such period after the effective date of the determination
as the Attorney General determines to be appropriate in order to
provide for an orderly transition).
(4) Detention of alien
An alien provided temporary protected status under this section
shall not be detained by the Attorney General on the basis of the
alien's immigration status in the United States.
(e) Relation of period of temporary protected status to
cancellation of removal
With respect to an alien granted temporary protected status under
this section, the period of such status shall not be counted as a
period of physical presence in the United States for purposes of
section 1229b(a) of this title, unless the Attorney General
determines that extreme hardship exists. Such period shall not
cause a break in the continuity of residence of the period before
and after such period for purposes of such section.
(f) Benefits and status during period of temporary protected status
During a period in which an alien is granted temporary protected
status under this section - 
(1) the alien shall not be considered to be permanently
residing in the United States under color of law;
(2) the alien may be deemed ineligible for public assistance by
a State (as defined in section 1101(a)(36) of this title) or any
political subdivision thereof which furnishes such assistance;
(3) the alien may travel abroad with the prior consent of the
Attorney General; and
(4) for purposes of adjustment of status under section 1255 of
this title and change of status under section 1258 of this title,
the alien shall be considered as being in, and maintaining,
lawful status as a nonimmigrant.
(g) Exclusive remedy
Except as otherwise specifically provided, this section shall
constitute the exclusive authority of the Attorney General under
law to permit aliens who are or may become otherwise deportable or
have been paroled into the United States to remain in the United
States temporarily because of their particular nationality or
region of foreign state of nationality.
(h) Limitation on consideration in Senate of legislation adjusting
status
(1) In general
Except as provided in paragraph (2), it shall not be in order
in the Senate to consider any bill, resolution, or amendment that
- 
(A) provides for adjustment to lawful temporary or permanent
resident alien status for any alien receiving temporary
protected status under this section, or
(B) has the effect of amending this subsection or limiting
the application of this subsection.
(2) Supermajority required
Paragraph (1) may be waived or suspended in the Senate only by
the affirmative vote of three-fifths of the Members duly chosen
and sworn. An affirmative vote of three-fifths of the Members of
the Senate duly chosen and sworn shall be required in the Senate
to sustain an appeal of the ruling of the Chair on a point of
order raised under paragraph (1).
(3) Rules
Paragraphs (1) and (2) are enacted - 
(A) as an exercise of the rulemaking power of the Senate and
as such they are deemed a part of the rules of the Senate, but
applicable only with respect to the matters described in
paragraph (1) and supersede other rules of the Senate only to
the extent that such paragraphs are inconsistent therewith; and
(B) with full recognition of the constitutional right of the
Senate to change such rules at any time, in the same manner as
in the case of any other rule of the Senate.
(i) Annual report and review
(1) Annual report
Not later than March 1 of each year (beginning with 1992), the
Attorney General, after consultation with the appropriate
agencies of the Government, shall submit a report to the
Committees on the Judiciary of the House of Representatives and
of the Senate on the operation of this section during the
previous year. Each report shall include - 
(A) a listing of the foreign states or parts thereof
designated under this section,
(B) the number of nationals of each such state who have been
granted temporary protected status under this section and their
immigration status before being granted such status, and
(C) an explanation of the reasons why foreign states or parts
thereof were designated under subsection (b)(1) of this section
and, with respect to foreign states or parts thereof previously
designated, why the designation was terminated or extended
under subsection (b)(3) of this section.
(2) Committee report
No later than 180 days after the date of receipt of such a
report, the Committee on the Judiciary of each House of Congress
shall report to its respective House such oversight findings and
legislation as it deems appropriate.