8 U.S.C. § 1254a
In the case of an alien who is a national of a foreign state designated under subsection (b) (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), the Attorney General, in accordance with this section-
Work authorization provided under this section shall be effective throughout the period the alien is in temporary protected status under this section.
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.
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 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.
The designation of a foreign state (or part of such foreign state) under paragraph (1) shall-
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.
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.
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), 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).
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).
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.
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.
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).
Subject to paragraph (3), an alien, who is a national of a state designated under subsection (b)(1) (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-
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.
In the determination of an alien's admissibility for purposes of subparagraph (A)(iii) of paragraph (1)-
An alien shall not be eligible for temporary protected status under this section if the Attorney General finds that-
The Attorney General shall withdraw temporary protected status granted to an alien under this section if-
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.
The Attorney General shall establish procedures to protect the confidentiality of information provided by aliens under this section.
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.
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).
If the Attorney General terminates the designation of a foreign state (or part of such foreign state) under subsection (b)(3)(B), 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).
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.
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.
During a period in which an alien is granted temporary protected status under this section-
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.
Except as provided in paragraph (2), it shall not be in order in the Senate to consider any bill, resolution, or amendment that-
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).
Paragraphs (1) and (2) are enacted-
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-
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.
8 U.S.C. § 1254a
EDITORIAL NOTES
REFERENCES IN TEXTThis chapter, referred to in subsec. (a)(5), was in the original, "this Act", meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.
AMENDMENTS1996-Subsec. (a)(1)(A). Pub. L. 104-208, §308(e)(11), substituted "remove" for "deport".Subsec. (a)(3)(B), (C). Pub. L. 104-208, §308(e)(1)(G), substituted "removal" for "deportation".Subsec. (b)(5)(B). Pub. L. 104-208, §308(e)(1)(G), substituted "removal" for "deportation". Subsec. (c)(2)(B)(ii). Pub. L. 104-208, §308(g)(7)(E)(i), substituted "section 1158(b)(2)(A)" for "section 1253(h)(2)".Subsec. (e). Pub. L. 104-208, §308(g)(8)(A)(i), substituted "section 1229b(a)" for "section 1254(a)". Pub. L. 104-208, §308(e)(11), amended heading.1994-Subsec. (c)(1)(B). Pub. L. 103-416, §219(z)(2), made technical correction to directory language of Pub. L. 102-232, §304(b)(2). See 1991 Amendment note below.Subsec. (c)(2)(A)(iii)(III). Pub. L. 103-416, §219(j), substituted "paragraphs" for "Paragraphs" and "and (3)(E)" for "or (3)(E)". 1991-Subsec. (a)(1). Pub. L. 102-232, §304(b)(1), inserted parenthetical relating to alien having no nationality. Subsec. (c)(1)(A). Pub. L. 102-232, §304(b)(3), inserted parenthetical relating to alien having no nationality.Subsec. (c)(1)(B). Pub. L. 102-232, §304(b)(2), as amended by Pub. L. 103-416, §219(z)(2), inserted provisions requiring separate fee of aliens registered pursuant to designation made after July 17, 1991, and directing that all fees be credited to appropriation to be used to carry out this section. Subsec. (c)(2)(A)(iii)(I). Pub. L. 102-232, §307(l)(5)(A), substituted "paragraphs (2)(A) and (2)(B)" for "paragraphs (9) and (10)". Subsec. (c)(2)(A)(iii)(III). Pub. L. 102-232, §307(l)(5)(B), amended subcl. (III) generally. Prior to amendment, subcl. (III) read as follows: "paragraphs (3) (relating to security and related grounds)." 1990-Subsec. (c)(2)(A)(i). Pub. L. 101-649, §603(a)(24)(A), which directed the substitution of "(5) and (7)(A)" for "(14), (20), (21), (25), and (32)", was executed by making the substitution for "(14), (15), (20), (21), (25), and (32)", as the probable intent of Congress.Subsec. (c)(2)(A)(iii)(I). Pub. L. 101-649, §603(a)(24)(B), which directed the substitution of "Paragraphs (2)(A) and (2)(B)" for "Paragraphs (9) and (10)", could not be executed because the quoted language differed from the text. See 1991 Amendment note above. Subsec. (c)(2)(A)(iii)(II). Pub. L. 101-649, §603(a)(24)(C), substituted "(2)(C)" for "(23)" and inserted "or" at end. Subsec. (c)(2)(A)(iii)(III). Pub. L. 101-649, §603(a)(24)(D), which directed the substitution of "(3) (relating to security and related grounds)" for "(27) and (29) (relating to national security)", and a period for "; or", was executed by substituting "(3) (relating to security and related grounds)" for "(27) and (29) of such section (relating to national security)", and a period for ", or", as the probable intent of Congress. Subsec. (c)(2)(A)(iii)(IV). Pub. L. 101-649, §603(a)(24)(E), struck out subcl. (IV) which referred to par. (33).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208 set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 219(j) of Pub. L. 103-416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101-649 see section 219(dd) of Pub. L. 103-416 set out as a note under section 1101 of this title. Pub. L. 103-416, title II, §219(z), Oct. 25, 1994, 108 Stat. 4318, provided that the amendment made by subsec. (z)(2) of section 219 is effective as if included in the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991, Pub. L. 102-232.
EFFECTIVE DATE OF 1991 AMENDMENT Amendment by section 304(b) of Pub. L. 102-232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101-649 see section 310(1) of Pub. L. 102-232 set out as a note under section 1101 of this title. Pub. L. 102-232, title III, §307(l), Dec. 12, 1991, 105 Stat. 1756, provided that the amendment made by section 307(l) is effective as if included in section 603(a) of the Immigration Act of 1990, Pub. L. 101-649.
EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 603(a)(24) of Pub. L. 101-649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101-649 set out as a note under section 1101 of this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONSFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
LIMITATION ON SUSPENSION OF DEPORTATION The Attorney General may not suspend deportation and adjust status under this section of more than 4,000 aliens in any fiscal year, beginning after Sept. 30, 1996, regardless of when aliens applied for such suspension and adjustment, see section 309(c)(7) of Pub. L. 104-208 set out in an Effective Date of 1996 Amendments note under section 1101 of this title.
ALIENS AUTHORIZED TO TRAVEL ABROAD TEMPORARILY Pub. L. 102-232, title III, §304(c), Dec. 12, 1991, 105 Stat. 1749, as amended by Pub. L. 104-208, div. C, title III, §308(g)(1), (8) (A)(ii), (C), Sept. 30, 1996, 110 Stat. 3009-622, 3009-624, provided that:"(1) In the case of an alien described in paragraph (2) whom the Attorney General authorizes to travel abroad temporarily and who returns to the United States in accordance with such authorization- "(A) the alien shall be inspected and admitted in the same immigration status the alien had at the time of departure if-"(i) in the case of an alien described in paragraph (2)(A), the alien is found not to be excludable on a ground of exclusion referred to in section 301(a)(1) of the Immigration Act of 1990 [ Pub. L. 101-649 set out as a note under section 1255a of this title], or"(ii) in the case of an alien described in paragraph (2)(B), the alien is found not to be excludable on a ground of exclusion referred to in section 244(c)(2)(A)(iii) of the Immigration and Nationality Act [ 8 U.S.C. 1254a(c)(2)(A)(iii) ]; and"(B) the alien shall not be considered, by reason of such authorized departure, to have failed to maintain continuous physical presence in the United States for purposes of section 240A(a) of the Immigration and Nationality Act [ 8 U.S.C. 1229b(a) ] if the absence meets the requirements of section 240A(b)(2) of such Act."(2) Aliens described in this paragraph are the following:"(A) Aliens provided benefits under section 301 of the Immigration Act of 1990 (relating to family unity)."(B) Aliens provided temporary protected status under section 244 of the Immigration and Nationality Act, including aliens provided such status under section 303 of the Immigration Act of 1990 [ Pub. L. 101-649 set out below]."
EFFECT ON EXECUTIVE ORDER 12711 Pub. L. 101-649, title III, §302(c), Nov. 29, 1990, 104 Stat. 5036, as amended by Pub. L. 102-232, title III, §304(a), Dec. 12, 1991, 105 Stat. 1749; Pub. L. 103-416, title II, §219(y), Oct. 25, 1994, 108 Stat. 4318; Pub. L. 104-208, div. C, title III, §308(g)(1), Sept. 30, 1996, 110 Stat. 3009-622, provided that: "Notwithstanding subsection (g) of section 244 of the Immigration and Nationality Act [ 8 U.S.C. 1254a(g) ] (inserted by the amendment made by subsection (a)), such section shall not supersede or affect Executive Order 12711 (April 11, 1990 [ 8 U.S.C. 1101 note], relating to policy implementation with respect to nationals of the People's Republic of China)."
SPECIAL TEMPORARY PROTECTED STATUS FOR SALVADORANS Pub. L. 101-649, title III, §303, Nov. 29, 1990, 104 Stat. 5036, as amended by Pub. L. 102-65, §1, July 2, 1991, 105 Stat. 322; Pub. L. 104-208, div. C, title III, §308(g)(1), (6) (A), Sept. 30, 1996, 110 Stat. 3009-622, 3009-623, provided that:"(a) DESIGNATION.-"(1) IN GENERAL.-El Salvador is hereby designated under section 244(b) of the Immigration and Nationality Act [ 8 U.S.C. 1254a(b) ], subject to the provisions of this section. "(2) PERIOD OF DESIGNATION.-Such designation shall take effect on the date of the enactment of this section [Nov. 29, 1990] and shall remain in effect until the end of the 18-month period beginning January 1, 1991."(b) ALIENS ELIGIBLE.-"(1) IN GENERAL.-In applying section 244 of the Immigration and Nationality Act [ 8 U.S.C. 1254a ] pursuant to the designation under this section, subject to section 244(c)(3) of such Act, an alien who is a national of El Salvador meets the requirements of section 244(c)(1) of such Act only if- "(A) the alien has been continuously physically present in the United States since September 19, 1990;"(B) the alien is admissible as an immigrant, except as otherwise provided under section 244(c)(2)(A) of such Act, and is not ineligible for temporary protected status under section 244(c)(2)(B) of such Act; and"(C) in a manner which the Attorney General shall establish, the alien registers for temporary protected status under this section during the registration period beginning January 1, 1991, and ending October 31, 1991."(2) REGISTRATION FEE.-The Attorney General shall require payment of a reasonable fee as a condition of registering an alien under paragraph (1)(C) (including providing an alien with an 'employment authorized' endorsement or other appropriate work permit under this section). The amount of the fee shall be sufficient to cover the costs of administration of this section. Notwithstanding section 3302 of title 31, United States Code, all such registration fees collected shall be credited to the appropriation to be used in carrying out this section. "(c) APPLICATION OF CERTAIN PROVISIONS.-"(1) IN GENERAL.-Except as provided in this subsection, the provisions of section 244 of the Immigration and Nationality Act [ 8 U.S.C. 1254a ] (including subsection (h) thereof) shall apply to El Salvador (and aliens provided temporary protected status) under this section in the same manner as they apply to a foreign state designated (and aliens provided temporary protected status) under such section."(2) PROVISIONS NOT APPLICABLE.-Subsections (b)(1), (b)(2), (b)(3), (c)(1), (c)(4), (d)(3), and (i) of such section 244 shall not apply under this section."(3) 6-MONTH PERIOD OF REGISTRATION AND WORK AUTHORIZATION.-Notwithstanding section 244(a)(2) of the Immigration and Nationality Act, the work authorization provided under this section shall be effective for periods of 6 months. In applying section 244(c)(3)(C) of such Act under this section, 'semiannually, at the end of each 6-month period' shall be substituted for 'annually, at the end of each 12-month period' and, notwithstanding section 244(d)(2) of such Act, the period of validity of documentation under this section shall be 6 months. "(4) REENTRY PERMITTED AFTER DEPARTURE FOR EMERGENCY CIRCUMSTANCES.-In applying section 244(f)(3) of the Immigration and Nationality Act under this section, the Attorney General shall provide for advance parole in the case of an alien provided special temporary protected status under this section if the alien establishes to the satisfaction of the Attorney General that emergency and extenuating circumstances beyond the control of the alien requires the alien to depart for a brief, temporary trip abroad."(d) ENFORCEMENT OF REQUIREMENT TO DEPART AT TIME OF TERMINATION OF DESIGNATION.-"(1) SHOW CAUSE ORDER AT TIME OF FINAL REGISTRATION.-At the registration occurring under this section closest to the date of termination of the designation of El Salvador under subsection (a), the Immigration and Naturalization Service shall serve on the alien granted temporary protected status an order to show cause that establishes a date for deportation proceedings which is after the date of such termination of designation. If El Salvador is subsequently designated under section 244(b) of the Immigration and Nationality Act [ 8 U.S.C. 1254a ], the Service shall cancel such orders."(2) SANCTION FOR FAILURE TO APPEAR.-If an alien is provided an order to show cause under paragraph (1) and fails to appear at such proceedings, except for exceptional circumstances, the alien may be deported in absentia under section 240(b)(5) of the Immigration and Nationality Act [ 8 U.S.C. 1229a(b)(5) ] (inserted by section 545(a) of this Act) and certain discretionary forms of relief are no longer available to the alien pursuant to such section."
- Attorney General
- The term "Attorney General" means the Attorney General of the United States.
- Service
- The term "Service" means the Immigration and Naturalization Service of the Department of Justice.
- State
- The term "State" includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
- alien
- The term "alien" means any person not a citizen or national of the United States.
- foreign state
- The term "foreign state" includes outlying possessions of a foreign state, but self-governing dominions or territories under mandate or trusteeship shall be regarded as separate foreign states.
- national
- The term "national" means a person owing permanent allegiance to a state.
- naturalization
- The term "naturalization" means the conferring of nationality of a state upon a person after birth, by any means whatsoever.
- permanent
- The term "permanent" means a relationship of continuing or lasting nature, as distinguished from temporary, but a relationship may be permanent even though it is one that may be dissolved eventually at the instance either of the United States or of the individual, in accordance with law.
- person
- The term "person" means an individual or an organization.
- residence
- The term "residence" means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent.
- substantial
- The term "substantial" means, for purposes of paragraph (15)(E) with reference to trade or capital, such an amount of trade or capital as is established by the Secretary of State, after consultation with appropriate agencies of Government.
- admitted
- The terms "admission" and "admitted" mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.
- admission
- The terms "admission" and "admitted" mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.