Legislation comes as Trump admin undermines legal protections for migrants fleeing political violence, natural disasters
WASHINGTON – Today, U.S. Senator John Hickenlooper joined 30 Senators to introduce the Safe Environment from Countries Under Repression and Emergency (SECURE) Act, which would provide qualified Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) recipients a stable path to legal permanent residency. The senators introduced the legislation as the Trump administration continues to undermine Temporary Protected Status, a program that for years has provided refuge to people who came to the U.S. legally after fleeing natural disasters, violence and political instability, and rebuilt their lives here.
“Temporary Protected Status recipients are folks who have already built their lives here and don’t have stable homes to return to. They’re valuable members of our communities and our economy,” said Hickenlooper. “Our bill is a straightforward way to protect their status and give them a pathway to citizenship.”
“This bill is a necessary step in creating a pathway to legal permanent residency for TPS recipients,” said Bennet. “They are already facing extraordinary and unstable conditions in their home countries; they shouldn’t have to face those same conditions here in the U.S.”
In recent months, the Trump administration has revoked TPS for an estimated 563,000 recipients from five countries – Venezuela, Haiti, Afghanistan, Cameroon, and Nepal. The Supreme Court has temporarily allowed the revocation to stand – putting hundreds of thousands at risk of deportation to their home countries where they would face serious danger.
This legislation is endorsed by AFL-CIO, Laborers’ International Union of North America (LIUNA), International Union of Painters and Allied Trades (IUPAT), CASA, National TPS Alliance, Working Families United, the National Network for Arab American Communities, International Longshore and Warehouse Union (ILWU), Service Employees International Union (SEIU), and Communities United for Status and Protection (CUSP).
TPS is a temporary, legal immigration status granted to foreign citizens who are endangered by conditions in their home country resulting from extraordinary events such as ongoing armed conflict, environmental disaster, or epidemic. TPS status is granted for set periods ranging from six to 18 months, requiring the Department of Homeland Security to extend a country’s status on a recurring basis. Each time a country is recertified, recipients must reapply and pass a thorough background check. Recent estimates found there are approximately 860,000 people with TPS in the United States.
Deferred enforced departure (DED) is a temporary and discretionary administrative stay of removal granted to foreign citizens from designated countries. Unlike TPS, a DED designation comes from the President’s constitutional powers to conduct foreign relations and has no statutory basis. Grants are usually in response to war, civil unrest, or natural disasters, through an executive order or presidential memorandum that provides eligibility guidelines.
The SECURE Act will provide long-term stability for these individuals and their communities by giving them the ability to apply for legal permanent residency. Under the bill, all TPS recipients – current and past – and TPS and DED eligible individuals who have been continuously present in the United States for at least three years would be eligible to apply for legal permanent residency.
Additionally, under the SECURE Act:
- A spouse, domestic partner, child, or unmarried child of a qualifying non-citizen would be eligible to obtain permanent resident status (upon meeting certain requirements).
- Individuals with a pending TPS application will receive work authorization and be eligible for travel authorization.
- Non-citizens who have a pending application or is prima facie eligible for permanent status under the bill and intend to apply are shielded from deportation.
- Information from an applicant’s application may not be shared or used for immigration enforcement purposes, with limited exceptions, such as for the identification of fraudulent claims.
- DHS must report to Congress when terminating a country’s TPS designation with an explanation to justify the termination.
Full text of the legislation is available HERE.
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