TPS-based permanent residency pathway

Summary#

This bill (the SECURE Act) creates a new way for certain people connected to Temporary Protected Status (TPS) countries to become lawful permanent residents (green card holders). It lets qualifying nationals of countries ever designated for TPS apply for adjustment of status and removes the usual numerical limits for those adjustments. The bill also adds protections for applicants’ information and requires more reporting when a TPS designation ends.

• Who can apply: Nationals of countries designated under TPS, current or former TPS holders, or people granted deferred enforced departure in certain cases, who have been continuously present in the U.S. for at least 3 years (with some exceptions) and pass criminal and national security checks.
• Family members: Spouses, domestic partners, and children of those approved can also adjust status; unmarried sons or daughters must have at least 1 year of physical presence.
• Process and benefits while applying: Applicants get a stay of removal while their application is pending, automatic work authorization while it is pending, and may apply for advance parole (permission to travel and return).
• Fees and exemptions: DHS may charge a processing fee up to $1,440, with fee waivers for people under 18, those with income under 150% of the federal poverty line, people in foster care or without family support, and certain disabled persons.
• Confidentiality: Information in these applications may not be used for immigration enforcement or referrals to ICE/CBP, with limited exceptions for application processing, fraud detection, national security, or investigation/prosecution of non-immigration-related felonies. Misuse can carry a fine up to $10,000.
• TPS reporting: Before ending a TPS designation, DHS must consider a State Department recommendation (if timely) and, when terminating a designation, must send Congress a report within 3 days explaining the reasons and analyzing the country’s ability to receive returnees.

What it means for you#

• TPS holders and some former TPS holders

  • You could apply for lawful permanent resident status if you meet the presence and background-check rules.
  • You would not be counted against visa number limits for family-based or employment-based caps under this adjustment.
  • You get work permission while your application is pending and may be able to travel and return with advance parole.

• People removed or who left under voluntary departure on or after Sept 28, 2016

  • You may be allowed to apply from abroad if you qualified for this status on the day before your removal or departure.
  • If DHS approves your application, any prior removal or voluntary departure order will be cancelled.

• Family members

  • Spouses, domestic partners, and eligible children of approved applicants can apply for permanent resident status.
  • Unmarried sons/daughters must generally show at least 1 year of physical presence in the U.S. before adjustment.

• Applicants with criminal records

  • Applicants must pass criminal and national security checks. The bill excludes expunged or set-aside rehabilitative dispositions from counting as convictions.
  • Certain grounds of inadmissibility are waived for qualifying family members in determining eligibility (specific inadmissibility grounds listed in the bill are not applied).

• DHS and federal agencies

  • DHS must process applications, run background checks, issue work authorization and advance parole, and produce a prompt report to Congress when a TPS designation ends.
  • DHS cannot use application information for immigration enforcement, with limited exceptions.

Expenses#

No publicly available information on total federal cost or savings is included in the bill text or the materials provided.

• Applicant fee: DHS may charge up to $1,440 to process an application. Some applicants may be exempt from the fee (under 18; income below 150% of the federal poverty line; in foster care or lacking family support; or seriously disabled).
• Administrative costs: The bill creates new DHS duties (processing new adjustment applications, background checks, issuing work permits, advance parole, and preparing the required reports to Congress). The bill does not provide cost estimates for these tasks.
• Possible indirect costs: Waiving numerical limits for these adjustments could affect the overall allocation of immigrant visas, but the bill provides no estimate of broader fiscal or immigration-system impacts.
• Penalty enforcement: A fine of up to $10,000 is set for anyone who knowingly misuses application information in violation of confidentiality rules.

Proponents' View#

• The bill appears intended to give a clear path to permanent residence for people from countries designated for TPS who have lived in the U.S. for years.
• Supporters may argue this provides stability for long-term residents who cannot safely return to their countries.
• The bill appears designed to protect families by allowing spouses and children to adjust status along with the primary applicant.
• It could be seen as improving procedural protections: applicants get work authorization and a stay of removal while their case is pending.
• The confidentiality rules may be intended to encourage eligible people to apply without fear that application data will be used to start immigration enforcement actions against them.

Opponents' View#

• One concern is that the bill does not include a public cost estimate; it is unclear how much additional DHS staff, technology, or other resources will be needed to process and vet applications.
• The bill waives the usual numerical limits for these adjustments. It is unclear how that will affect the availability of immigrant visas for other categories or the overall immigration system.
• The confidentiality restrictions prevent use of application information for immigration enforcement. Although the bill lists exceptions, it may raise questions about how enforcement and fraud investigations will be coordinated in practice.
• The bill leaves some important details vague: for example, how DHS will conduct and time national security checks, how quickly applications must be decided, and how many people will qualify.
• The requirement for DHS to report to Congress when a TPS designation ends adds new reporting duties; the bill does not specify resources or timelines for DHS to fulfill those analyses beyond the 3-day report deadline after termination.