TPS Reform Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 3899 To amend the Immigration and Nationality Act to modify the procedure to designate a foreign state, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 23, 2019 Mr. BROOKS of Alabama (for himself and Mr. GOSAR) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to modify the procedure to designate a foreign state, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘TPS Reform Act of 4 2019’’. 5 SEC. 2. TEMPORARY PROTECTED STATUS. 6 (a) POWER TO DESIGNATE A FOREIGN STATE.—Sec- 7 tion 244(b) of the Immigration and Nationality Act (8 8 U.S.C. 1254a(b)) is amended— 9 VerDate Sep 11 2014 06:27 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3899.IH H3899 kjohnson on DSK79L0C42 with BILLS 2 •HR 3899 IH (1) by striking paragraphs (1), (2), and (3) and 1 inserting the following: 2 ‘‘(1) INITIAL DESIGNATION.—For purposes of 3 this section, a foreign state shall be designated upon 4 the enactment of an Act that satisfies the following 5 requirements: 6 ‘‘(A) The Act shall contain a finding— 7 ‘‘(i) that there is an ongoing armed 8 conflict within the state and, due to such 9 conflict, requiring the return of aliens who 10 are nationals of that state (or to the part 11 of the state) would pose a serious threat to 12 their personal safety; 13 ‘‘(ii) that— 14 ‘‘(I) there has been an earth- 15 quake, flood, drought, epidemic, or 16 other immediately life-threatening en- 17 vironmental disaster in the state re- 18 sulting in a substantial, but tem- 19 porary, disruption of living conditions 20 in the area affected; 21 ‘‘(II) the foreign state is unable, 22 temporarily, to handle adequately the 23 return to the state of aliens who are 24 nationals of the state; and 25 VerDate Sep 11 2014 06:27 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3899.IH H3899 kjohnson on DSK79L0C42 with BILLS 3 •HR 3899 IH ‘‘(III) the foreign state officially 1 has requested designation under this 2 subparagraph; or 3 ‘‘(iii) that there exist extraordinary 4 and temporary conditions in the foreign 5 state that prevent aliens who are nationals 6 of the state from returning to the state in 7 safety and that permitting the aliens to re- 8 main temporarily in the United States is 9 not contrary to the national interest of the 10 United States. 11 ‘‘(B) The Act shall include— 12 ‘‘(i) an estimate of the number of na- 13 tionals of the foreign state who are (or 14 within the effective period of the designa- 15 tion are likely to become) eligible for tem- 16 porary protected status under this section; 17 ‘‘(ii) such nationals’ immigration sta- 18 tus in the United States; and 19 ‘‘(iii) a time period for the effective- 20 ness of the designation that is not greater 21 than 18 months. 22 ‘‘(2) TERMINATION.— 23 ‘‘(A) TIMELY TERMINATION.—If an initial 24 designation of a foreign state is not extended 25 VerDate Sep 11 2014 06:27 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3899.IH H3899 kjohnson on DSK79L0C42 with BILLS 4 •HR 3899 IH under paragraph (3), the initial designation 1 shall terminate at the end of the time period 2 described in paragraph (1)(B)(iii). 3 ‘‘(B) EARLY TERMINATION.—For purposes 4 of this section, the designation of a foreign 5 state shall be terminated upon the enactment of 6 an Act that contains a finding that the foreign 7 state (or part of such foreign state) no longer 8 meets the conditions for designation under 9 paragraph (1)(A). 10 ‘‘(3) EXTENSION.—For purposes of this sec- 11 tion, the time period for the effectiveness of the des- 12 ignation of a foreign state shall be extended upon 13 the enactment of an Act that includes— 14 ‘‘(A) a finding that the conditions for des- 15 ignation under paragraph (1)(A) continue to be 16 met; and 17 ‘‘(B) a time period for the effectiveness of 18 the extension that is not greater than 12 19 months.’’; and 20 (2) in paragraph (5)(A), by striking ‘‘of the At- 21 torney General’’ and inserting ‘‘made in any Act’’. 22 (b) ALIENS LACKING LAWFUL IMMIGRATION STA- 23 TUS.—Section 244(c)(2)(B) of the Immigration and Na- 24 tionality Act (8 U.S.C. 1254a(c)(2)(B)) is amended— 25 VerDate Sep 11 2014 06:27 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3899.IH H3899 kjohnson on DSK79L0C42 with BILLS 5 •HR 3899 IH (1) in clause (i), by striking ‘‘, or’’ at the end 1 and inserting a semicolon; 2 (2) in clause (ii), by striking the period at the 3 end and inserting ‘‘; or’’; and 4 (3) by adding at the end the following: 5 ‘‘(iii) the alien lacks a lawful immigra- 6 tion status.’’. 7 (c) CONFORMING AMENDMENTS.—Section 244 of the 8 Immigration and Nationality Act (8 U.S.C. 1254a et seq.) 9 is amended— 10 (1) in subsection (d)(3), by striking ‘‘If the At- 11 torney General terminates the designation of a for- 12 eign state (or part of such foreign state) under sub- 13 section (b)(3)(B)’’ and inserting ‘‘If the designation 14 of a foreign state (or part of such foreign state) is 15 terminated under section 244(b)(2)’’; and 16 (2) in subsection (i)(1)— 17 (A) in subparagraph (A), by striking the 18 comma at the end and adding ‘‘; and’’; 19 (B) in subparagraph (B), by striking ‘‘, 20 and’’ at the end and inserting a period; and 21 (C) by striking subparagraph (C). 22 (d) TECHNICAL CORRECTIONS.—Section 244 of the 23 Immigration and Nationality Act (8 U.S.C. 1254a), as 24 amended by subsections (a) and (b) of this Act, is further 25 VerDate Sep 11 2014 06:27 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3899.IH H3899 kjohnson on DSK79L0C42 with BILLS 6 •HR 3899 IH amended by striking ‘‘Attorney General’’ each place it ap- 1 pears and inserting ‘‘Secretary of Homeland Security’’. 2 Æ VerDate Sep 11 2014 06:27 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H3899.IH H3899 kjohnson on DSK79L0C42 with BILLS