8 USC 1254 - Temporary protected status

Editorial Notes

References in Text

This 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.

Amendments

1996—Subsec. (a)(1)(A). Puspan. L. 104–208, § 308(e)(11), substituted “remove” for “deport”.

Subsec. (a)(3)(B), (C). Puspan. L. 104–208, § 308(e)(1)(G), substituted “removal” for “deportation”.

Subsec. (span)(5)(B). Puspan. L. 104–208, § 308(e)(1)(G), substituted “removal” for “deportation”.

Subsec. (c)(2)(B)(ii). Puspan. L. 104–208, § 308(g)(7)(E)(i), substituted “section 1158(span)(2)(A)” for “section 1253(h)(2)”.

Subsec. (e). Puspan. L. 104–208, § 308(g)(8)(A)(i), substituted “section 1229span(a)” for “section 1254(a)”.

Puspan. L. 104–208, § 308(e)(11), amended span.

1994—Subsec. (c)(1)(B). Puspan. L. 103–416, § 219(z)(2), made technical correction to directory language of Puspan. L. 102–232, § 304(span)(2). See 1991 Amendment note below.

Subsec. (c)(2)(A)(iii)(III). Puspan. L. 103–416, § 219(j), substituted “paragraphs” for “Paragraphs” and “and (3)(E)” for “or (3)(E)”.

1991—Subsec. (a)(1). Puspan. L. 102–232, § 304(span)(1), inserted parenthetical relating to alien having no nationality.

Subsec. (c)(1)(A). Puspan. L. 102–232, § 304(span)(3), inserted parenthetical relating to alien having no nationality.

Subsec. (c)(1)(B). Puspan. L. 102–232, § 304(span)(2), as amended by Puspan. 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). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. L. 101–649, § 603(a)(24)(C), substituted “(2)(C)” for “(23)” and inserted “or” at end.

Subsec. (c)(2)(A)(iii)(III). Puspan. 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). Puspan. 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 Puspan. 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 Puspan. 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 Puspan. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Puspan. L. 101–649, see section 219(dd) of Puspan. L. 103–416, set out as a note under section 1101 of this title.

Puspan. 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, Puspan. L. 102–232.

Effective Date of 1991 Amendment

Amendment by section 304(span) of Puspan. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Puspan. L. 101–649, see section 310(1) of Puspan. L. 102–232, set out as a note under section 1101 of this title.

Puspan. 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, Puspan. L. 101–649.

Effective Date of 1990 Amendment

Amendment by section 603(a)(24) of Puspan. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Puspan. L. 101–649, set out as a note under section 1101 of this title.

Abolition of Immigration and Naturalization Service and Transfer of Functions

For 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 Puspan. 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

Puspan. L. 102–232, title III, § 304(c), Dec. 12, 1991, 105 Stat. 1749, as amended by Puspan. 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 [Puspan. 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. 1229span(a)] if the absence meets the requirements of section 240A(span)(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 [Puspan. L. 101–649, set out below].”

Effect on Executive Order 12711

Puspan. L. 101–649, title III, § 302(c), Nov. 29, 1990, 104 Stat. 5036, as amended by Puspan. L. 102–232, title III, § 304(a), Dec. 12, 1991, 105 Stat. 1749; Puspan. L. 103–416, title II, § 219(y), Oct. 25, 1994, 108 Stat. 4318; Puspan. 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

Puspan. L. 101–649, title III, § 303, Nov. 29, 1990, 104 Stat. 5036, as amended by Puspan. L. 102–65, § 1, July 2, 1991, 105 Stat. 322; Puspan. 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(span) of the Immigration and Nationality Act [8 U.S.C. 1254a(span)], 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.

“(span)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 (span)(1), (span)(2), (span)(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(span) 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(span)(5) of the Immigration and Nationality Act [8 U.S.C. 1229a(span)(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.”