119-s2106

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2106 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2106

 To provide a process for granting lawful permanent resident status to 
 aliens from certain countries who meet certain eligibility 
 requirements, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 June 18, 2025

 Mr. Van Hollen (for himself, Ms. Alsobrooks, Ms. Baldwin, Mr. Bennet, 
Mr. Blumenthal, Mr. Booker, Mr. Coons, Ms. Cortez Masto, Ms. Duckworth, 
Mr. Durbin, Mr. Heinrich, Mr. Hickenlooper, Ms. Hirono, Mr. Kaine, Mr. 
Kim, Ms. Klobuchar, Mr. Markey, Mrs. Murray, Mr. Padilla, Mr. Reed, Ms. 
Rosen, Mr. Sanders, Mr. Schatz, Mr. Schiff, Ms. Smith, Mr. Warner, Mr. 
 Warnock, Ms. Warren, Mr. Whitehouse, Mr. Wyden, and Mr. Lujan) 
introduced the following bill; which was read twice and referred to the 
 Committee on the Judiciary

_______________________________________________________________________

 A BILL

 To provide a process for granting lawful permanent resident status to 
 aliens from certain countries who meet certain eligibility 
 requirements, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLES.

 This Act may be cited as the ``Safe Environment from Countries 
Under Repression and Emergency Act'' or the ``SECURE Act''.

SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN FOREIGN NATIONALS.

    (a) In General.--Chapter 5 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after 

section 245A (8 U.S.C. 1255A) the following:

``

SEC. 245B. ADJUSTMENT OF STATUS OF CERTAIN FOREIGN NATIONALS.

 ``

    (a) In General.--
 ``

    (1) Authorization.--
 ``
        (A) In general.--Notwithstanding 

section 245
            (c) , 
 the status of any alien described in subsection

    (b)

    (1) shall be adjusted by the Secretary of Homeland Security 
 to that of an alien lawfully admitted for permanent 
 residence if the alien--
 ``
            (i) is not inadmissible under paragraph

    (2) or

    (3) of 

section 212

    (a) ;
 ``
            (ii) is not deportable under paragraph

    (2) ,

    (3) , or

    (4) of 

section 237

    (a) ; and
 ``
            (iii) is not described in 

section 208

    (b)

    (2)
        (A)
            (i) .
 ``
        (B) Treatment of expunged convictions.--In this 
 section, the term `conviction' does not include a 
 judgment that has been expunged or set aside that 
 resulted in a rehabilitative disposition or the 
 equivalent.
 ``

    (2) Application.--
 ``
        (A) In general.--Except as provided in 
 subparagraph
        (B) , any alien who is physically present 
 in the United States may apply for adjustment of status 
 under this section.
 ``
        (B) Applications from outside the united states 
 for certain aliens previously removed or who 
 departed.--In the case of an alien who, on or after 
 September 28, 2016, was removed from the United States 
 or departed pursuant to an order of voluntary 
 departure, the alien may apply for adjustment of status 
 under this section from outside the United States if, 
 on the day before the date on which the alien was so 
 removed or so departed, the alien was an alien 
 described in subsection

    (b)

    (1) .
 ``
            (C) Fee.--
 ``
            (i) In general.--The Secretary of 
 Homeland Security shall require any alien 
 applying for permanent resident status under 
 this section to pay a reasonable fee that is 
 commensurate with the cost of processing the 
 application. Such fee may not exceed $1,440.
 ``
            (ii) Fee exemption.--An applicant may be 
 exempted from paying the application fee 
 required under clause
            (i) if the applicant--
 ``
            (I) is younger than 18 years of 
 age;
 ``
            (II) received total income, 
 during the 12-month period immediately 
 preceding the date on which the 
 applicant files an application under 
 this section, that is less than 150 
 percent of the Federal poverty line;
 ``
            (III) is in foster care or 
 otherwise lacking any parental or other 
 familial support; or
 ``
            (IV) cannot care for himself or 
 herself because of a serious, chronic 
 disability.
 ``
            (D) Relationship of application to certain 
 orders.--
 ``
            (i) Motion not required.--An alien 
 described in subparagraph
        (A) or
        (B) who has 
 been the subject of an order of removal or 
 voluntary departure may not be required, as a 
 condition of submitting or approving an 
 application under such subparagraph, to file a 
 motion to reopen, reconsider, or vacate such 
 order.
 ``
            (ii) Approval.--If the Secretary of 
 Homeland Security approves an application 
 submitted by an alien under this paragraph, the 
 Secretary shall cancel any order of removal or 
 voluntary departure to which the alien is or 
 was subject.
 ``
            (iii) Denial.--If the Secretary of 
 Homeland Security renders a final 
 administrative decision to deny an application 
 submitted by an alien under this paragraph, any 
 order of removal or voluntary departure to 
 which the alien is subject shall be effective 
 and enforceable to the same extent as if such 
 application had not been made.
 ``

    (b) Aliens Eligible for Adjustment of Status.--
 ``

    (1) In general.--An alien is described in this subsection 
 if the alien--
 ``
        (A) is a national of a foreign state that was at 
 any time designated under 

section 244

    (b) ;
 ``
        (B)
            (i) is in temporary protected status under 
 

section 244;
 ``
            (ii) held temporary protected status as a 
 national of a designated foreign state described in 
 subparagraph
        (A) ;
 ``
            (iii) qualified for temporary protected status on 
 the date on which the last designation or extension was 
 made by the Secretary of Homeland Security; or
 ``
            (iv) was present in the United States pursuant to 
 a grant of deferred enforced departure that had been 
 extended beyond or was issued after September 28, 2016;
 ``
            (C) 
            (i) has been continuously present in the 
 United States for not less than 3 years and is 
 physically present in the United States on the date on 
 which the alien files an application for adjustment of 
 status under this section; or
 ``
            (ii) in the case of an alien who, on or after 
 September 28, 2016, was removed from the United States 
 or departed pursuant to an order of voluntary 
 departure, was continuously present in the United 
 States for a period of not less than 3 years before the 
 date on which the alien was so removed or so departed; 
 and
 ``
            (D) passes all applicable criminal and national 
 security background checks.
 ``

    (2) Short absences.--An alien shall not be considered to 
 have failed to maintain continuous physical presence in the 
 United States under paragraph

    (1)
            (C) by reason of an absence, 
 or multiple absences, from the United States for any period or 
 periods that do not exceed, in the aggregate, 180 days.
 ``

    (3) Waiver authorized.--Notwithstanding any provision of 
 this Act, an alien who fails to meet the continuous physical 
 presence requirement under paragraph

    (1)
            (C) shall be considered 
 eligible for adjustment of status under this section if the 
 Attorney General or the Secretary of Homeland Security, as 
 applicable, determines that the removal or continued absence of 
 the alien from the United States, as applicable, would result 
 in extreme hardship to the alien or to the alien's spouse, 
 children, parents, or domestic partner.
 ``
            (c) Stay of Removal.--
 ``

    (1) In general.--Except as provided in paragraph

    (2) , an 
 alien who is subject to a final order of removal may not be 
 removed if the alien--
 ``
        (A) has a pending application under subsection

    (a) ; or
 ``
        (B)
            (i) is prima facie eligible to file an 
 application under subsection

    (a) ; and
 ``
            (ii) indicates that he or she intends to file 
 such an application.
 ``

    (2) Exception.--Paragraph

    (1) shall not apply to any 
 alien whose application under subsection

    (a) has been denied by 
 the Secretary of Homeland Security in a final administrative 
 determination.
 ``

    (3) During certain proceedings.--
 ``
        (A) In general.--Except as provided in 
 subparagraph
        (B) and notwithstanding any other 
 provision of this Act, the Secretary of Homeland 
 Security may not order any alien to be removed from the 
 United States if the alien raises, as a defense to such 
 an order, the eligibility of the alien to apply for 
 adjustment of status under subsection

    (a) .
 ``
        (B) Exception.--Subparagraph
        (A) shall not apply 
 to any alien whose application under subsection

    (a) has 
 been denied by the Secretary of Homeland Security in a 
 final administrative determination.
 ``

    (4) Work authorization.--The Secretary of Homeland 
 Security--
 ``
        (A) shall authorize any alien who has applied for 
 adjustment of status under subsection

    (a) to engage in 
 employment in the United States while such application 
 is pending; and
 ``
        (B) may provide such alien with an `employment 
 authorized' endorsement or other appropriate document 
 signifying such employment authorization.
 ``
            (d) Advance Parole.--
 ``

    (1) In general.--During the period beginning on the date 
 on which an alien applies for adjustment of status under this 
 Act and ending on the date on which the Secretary of Homeland 
 Security makes a final decision regarding such application, the 
 alien shall be eligible to apply for advance parole.
 ``

    (2) Applicability.--

Section 101

    (g) shall not apply to an 
 alien granted advance parole under this subsection.
 ``

    (e) Adjustment of Status for Spouses and Children.--
 ``

    (1) In general.--Notwithstanding 

section 245
            (c) and 
 except as provided in paragraphs

    (2) and

    (3) , the Secretary of 
 Homeland Security shall adjust the status of an alien to that 
 of an alien lawfully admitted for permanent residence if the 
 alien--
 ``
        (A) is the spouse, domestic partner, child, or 
 unmarried son or daughter of an alien whose status has 
 been adjusted to that of an alien lawfully admitted for 
 permanent residence under subsection

    (a) ;
 ``
        (B) is physically present in the United States on 
 the date on which the alien files an application for 
 such adjustment of status; and
 ``
            (C) is otherwise eligible to receive an immigrant 
 visa and is otherwise admissible to the United States 
 for permanent residence.
 ``

    (2) Continuous presence requirement.--
 ``
        (A) In general.--The status of an unmarried son 
 or daughter referred to in paragraph

    (1)
        (A) may not be 
 adjusted under paragraph

    (1) until such son or daughter 
 establishes that he or she has been physically present 
 in the United States for at least 1 year.
 ``
        (B) Short absences.--An alien shall not be 
 considered to have failed to maintain continuous 
 physical presence in the United States under 
 subparagraph
        (A) by reason of an absence, or multiple 
 absences, from the United States for any period or 
 periods that do not exceed, in the aggregate, 180 days.
 ``

    (3) Waiver.--In determining eligibility and admissibility 
 under paragraph

    (1)
            (C) , the grounds for inadmissibility under 
 paragraphs

    (4) ,

    (5) ,

    (6) ,

    (7)
        (A) , and

    (9) of 

section 212

    (a) shall not apply.
 ``

    (f) Availability of Administrative Review.--The Secretary of 
Homeland Security shall provide applicants for adjustment of status 
under subsection

    (a) the same right to, and procedures for, 
administrative review as are provided to--
 ``

    (1) applicants for adjustment of status under 

section 245; or
 ``

    (2) aliens who are subject to removal proceedings under 
 

section 240.
 ``

    (g) Exceptions to Numerical Limitations.--The numerical 
limitations set forth in sections 201 and 202 shall not apply to aliens 
whose status is adjusted pursuant to subsection

    (a) .''.

    (b) Clarification of Inspection and Admission Under Temporary 
Protected Status.--

Section 244

    (f)

    (4) of the Immigration and Nationality 
Act (8 U.S.C. 1254a

    (f)

    (4) ) is amended by inserting ``as having been 
inspected and admitted into the United States, and'' after 
``considered''.
            (c) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting 
after the item relating to 

section 245A the following:

``

Sec. 245B. Adjustment of status of certain foreign nationals.''.

SEC. 3. CONFIDENTIALITY OF INFORMATION.

    (a) In General.--The Secretary of Homeland Security may not 
disclose or use information provided in applications filed under 

section 245B of the Immigration and Nationality Act, as added by 

section 2, for the purpose of immigration enforcement.

    (b) Referrals Prohibited.--The Secretary may not refer any 
individual who has been granted permanent resident status under 

section 245B of the Immigration and Nationality Act to U.S. Immigration and 
Customs Enforcement, U.S. Customs and Border Protection, or any 
designee of either such entity.
            (c) Limited Exception.--Notwithstanding subsections

    (a) and

    (b) , 
information provided in an application for permanent resident status 
under 

section 245B of the Immigration and Nationality Act may be shared 
with Federal security and law enforcement agencies--

    (1) for assistance in the consideration of an application 
 for permanent resident status under such section;

    (2) to identify or prevent fraudulent claims;

    (3) for national security purposes; or

    (4) for the investigation or prosecution of any felony not 
 related to immigration status.
            (d) Penalty.--Any person who knowingly uses, publishes, or permits 
information to be examined in violation of this section shall be fined 
not more than $10,000.

SEC. 4. ADDITIONAL REPORTING REQUIREMENTS REGARDING FUTURE DISCONTINUED 
 ELIGIBILITY OF ALIENS FROM COUNTRIES CURRENTLY LISTED 
 UNDER TEMPORARY PROTECTED STATUS.

 

Section 244

    (b)

    (3) of the Immigration and Nationality Act (8 U.S.C. 
1254a

    (b)

    (3) ) is amended--

    (1) in subparagraph
        (A) --
        (A) by striking ``Attorney General'' each place 
 such term appears and inserting ``Secretary of Homeland 
 Security''; and
        (B) by inserting ``(including a recommendation from 
 the Secretary of State that is received by the 
 Secretary of Homeland Security not later than 90 days 
 before the end of such period of designation)'' after 
 ``Government''; and

    (2) in subparagraph
        (B) --
        (A) by striking ``If the Attorney General'' and 
 inserting the following:
 ``
            (i) In general.--If the Secretary of 
 Homeland Security''; and
        (B) in clause
            (i) , as designated by subparagraph
        (A) , by striking ``Attorney General'' and inserting 
 ``Secretary''; and
            (C) by adding at the end the following:
 ``
            (ii) Report.--Not later than 3 days after 
 the publication of the Secretary's 
 determination in the Federal Register that a 
 country's designation under paragraph

    (1) is 
 being terminated, the Secretary shall submit a 
 report to the Committee on the Judiciary of the 
 Senate and the Committee on the Judiciary of 
 the House of Representatives that includes--
 ``
            (I) an explanation of the event 
 or events that initially prompted such 
 country's designation under paragraph

    (1) ;
 ``
            (II) the progress the country has 
 made in remedying the designation under 
 paragraph

    (1) , including any 
 significant challenges or shortcomings 
 that have not been addressed since the 
 initial designation;
 ``
            (III) a statement indicating 
 whether the country has requested a 
 designation under paragraph

    (1) , a 
 redesignation under such paragraph, or 
 an extension of such designation; and
 ``
            (IV) an analysis, with applicable 
 and relevant metrics, as determined by 
 the Secretary, of the country's ability 
 to repatriate its nationals, 
 including--
 ``

    (aa) the country's 
 financial ability to provide 
 for its repatriated citizens;
 ``

    (bb) the country's 
 financial ability to address 
 the initial designation under 
 paragraph

    (1) without foreign 
 assistance;
 ``
            (cc) the country's gross 
 domestic product and per capita 
 gross domestic product per 
 capita;
 ``
            (dd) an analysis of the 
 country's political stability 
 and its ability to be 
 economically self-sufficient 
 without foreign assistance;
 ``

    (ee) the economic and 
 social impact the repatriation 
 of nationals in possession of 
 temporary protected status 
 would have on the recipient 
 country; and
 ``

    (ff) any additional 
 metrics the Secretary considers 
 necessary.''.

SEC. 5. OTHER MATTERS.

    (a) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions 
under 

section 101 of the Immigration and Nationality Act (8 U.S.C. 
1101) shall apply when such terms are used in this Act.

    (b) Savings Provision.--Nothing in this Act, or the amendments made 
by this Act, may be construed to repeal, amend, alter, modify, effect, 
or restrict the powers, duties, functions, or authority of the 
Secretary of Homeland Security in the administration and enforcement of 
the immigration laws.
            (c) Eligibility for Other Immigration Benefits.--Any alien who is 
eligible to be granted the status of an alien lawfully admitted for 
permanent residence under 

section 245B of the Immigration and 
Nationality Act, as added by 

section 2, may not be precluded from 
seeking such status under any other provision of law for which the 
alien may otherwise be eligible.
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