Reference Cititation

INA: ACT 244 - TEMPORARY PROTECTED STATUS
Sec. 244.
(a) Granting of Status.(1) In general.-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(A) may grant the alien temporary protected status in the United States and shall not
remove the alien from the United States during the period in which such status is in
effect, and
(B) shall authorize the alien to engage in employment in the United States and provide
the alien with an "employment authorized" endorsement or other appropriate work
permit.
(2) Duration of work authorization.-Work authorization provided under this section shall
be effective throughout the period the alien is in temporary protected status under this
section.
(3) Notice.(A) Upon the granting of temporary protected status under this section, the Attorney
General shall provide the alien with information concerning such status under this
section.
(B) If, at the time of initiation of a removal proceeding against an alien, the foreign state
(of which the alien is a national) is designated under subsection (b), the Attorney
General shall promptly notify the alien of the temporary protected status that may be
available under this section.
(C) If, at the time of designation of a foreign state under subsection (b), an alien (who is
a national of such state) is in a removal proceeding under this title, the Attorney General
shall promptly notify the alien of the temporary protected status that may be available
under this section.
(D) Notices under this paragraph shall be provided in a form and language that the alien
can understand.
(4) Temporary treatment for eligible aliens.(A) In the case of an alien who can establish a prima facie case of eligibility for benefits
under paragraph (1), but for the fact that the period of registration under subsection

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(c)(1)(A)(iv) has not begun, until the alien has had a reasonable opportunity to register
during the first 30 days of such period, the Attorney General shall provide for the
benefits of paragraph (1).
(B) In the case of an alien who establishes a prima facie case of eligibility for benefits
under paragraph (1), until a final determination with respect to the alien's eligibility for
such benefits under paragraph (1) has been made, the alien shall be provided such
benefits.
(5) Clarification.-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 Act. The granting of temporary protected status under this section
shall not be considered to be inconsistent with the granting of nonimmigrant status
under this Act.
(b) Designations.(1) In general.-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) the Attorney General finds that there is an ongoing armed conflict within the state
and, due to such conflict, requiring the return of aliens who are nationals of that state to
that state (or to the part of the state) would pose a serious threat to their personal safety;
(B) the Attorney General finds that(i) there has been an earthquake, flood, drought, epidemic, or other environmental
disaster in the state resulting in a substantial, but temporary, disruption of living
conditions in the area affected,
(ii) the foreign state is unable, temporarily, to handle adequately the return to the state of
aliens who are nationals of the state, and
(iii) the foreign state officially has requested designation under this subparagraph; or
(C) the Attorney General finds that there exist extraordinary and temporary conditions in
the foreign state that prevent aliens who are nationals of the state from returning to the
state in safety, unless the Attorney General finds that permitting the aliens to remain
temporarily in the United States is contrary to the national interest of the United States.
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

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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.
(2) Effective period of designation for foreign states.-The designation of a foreign state
(or part of such foreign state) under paragraph (1) shall(A) take effect upon the date of publication of the designation under such paragraph, or
such later date as the Attorney General may specify in the notice published under such
paragraph, and
(B) shall remain in effect until the effective date of the termination of the designation
under paragraph (3)(B). 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.
(3) Periodic review, terminations, and extensions of designations.(A) Periodic review.-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.
(B) Termination of designation.-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).
(C) Extension of designation.-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).

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(4) Information concerning protected status at time of designations.-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.
(5) Review.(A) Designations.-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.
(B) Application to individuals.-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).
(c) Aliens Eligible for Temporary Protected Status.(1) In general.(A) Nationals of designated foreign states.-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(i) the alien has been continuously physically present in the United States since the
effective date of the most recent designation of that state;
(ii) the alien has continuously resided in the United States since such date as the
Attorney General may designate;
(iii) the alien is admissible as an immigrant, except as otherwise provided under
paragraph (2)(A), and is not ineligible for temporary protected status under paragraph
(2)(B); and
(iv) to the extent and in a manner which the Attorney General establishes, the alien
registers for the temporary protected status under this section during a registration
period of not less than 180 days.
(B) Registration fee.-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

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documentation of work authorization. Notwithstanding section 3302 of title 31, United
States Code, all fees collected under this subparagraph shall be credited to the
appropriation to be used in carrying out this section.
(2) Eligibility standards.(A) Waiver of certain grounds for inadmissibility.-In the determination of an alien's
admissibility for purposes of subparagraph (A)(iii) of paragraph (1)(i) the provisions of paragraphs (5) and (7)(A) of section 212(a) shall not apply;
(ii) except as provided in clause (iii), the Attorney General may waive any other
provision of section 212(a) in the case of individual aliens for humanitarian purposes, to
assure family unity, or when it is otherwise in the public interest; but
(iii) the Attorney General may not waive(I) paragraphs (2)(A) and (2)(B) (relating to criminals) of such section,
(II) paragraph (2)(C) of such section (relating to drug offenses), except for so much of
such paragraph as relates to a single offense of simple possession of 30 grams or less of
marijuana, or
(III) paragraphs (3)(A), (3)(B), (3)(C), and (3)(E) of such section (relating to national
security and participation in the Nazi persecutions or those who have engaged in
genocide).
(B) Aliens ineligible.-An alien shall not be eligible for temporary protected status under
this section if the Attorney General finds that(i) the alien has been convicted of any felony or 2 or more misdemeanors committed in
the United States, or
(ii) the alien is described in section 208(b)(2)(A).
(3) Withdrawal of temporary protected status.-The Attorney General shall withdraw
temporary protected status granted to an alien under this section if(A) the Attorney General finds that the alien was not in fact eligible for such status
under this section,
(B) except as provided in paragraph (4) and permitted in subsection (f)(3), the alien has
not remained continuously physically present in the United States from the date the
alien first was granted temporary protected status under this section, or

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(C) the alien fails, without good cause, to register with the Attorney General annually, at
the end of each 12-month period after the granting of such status, in a form and manner
specified by the Attorney General.
(4) Treatment of brief, casual, and innocent departures and certain other absences.(A) For purposes of paragraphs (1)(A)(i) and (3)(B), an alien shall not be considered to
have failed to maintain continuous physical presence in the United States by virtue of
brief, casual, and innocent absences from the United States, without regard to whether
such absences were authorized by the Attorney General.
(B) For purposes of paragraph (1)(A)(ii), an alien shall not be considered to have failed
to maintain continuous residence in the United States by reason of a brief, casual, and
innocent absence described in subparagraph (A) or due merely to a brief temporary trip
abroad required by emergency or extenuating circumstances outside the control of the
alien.
(5) Construction.-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.
(6) Confidentiality of information.-The Attorney General shall establish procedures to
protect the confidentiality of information provided by aliens under this section.
(d) Documentation.(1) Initial issuance.-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.
(2) Period of validity.-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).
(3) Effective date of terminations.-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).

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(4) Detention of the alien.-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.
(e) Relation of Period of Temporary Protected Status to cancellation of removal.-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 240A(a) 2/, 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.
(f) Benefits and Status During Period of Temporary Protected Status.-During a period in
which an alien is granted temporary protected status under this section(1) the alien shall not be considered to be permanently residing in the United States
under color of law;
(2) the alien may be deemed ineligible for public assistance by a State (as defined in
section 101(a)(36)) or any political subdivision thereof which furnishes such assistance;
(3) the alien may travel abroad with the prior consent of the Attorney General; and
(4) for purposes of adjustment of status under section 245 and change of status under
section 248, the alien shall be considered as being in, and maintaining, lawful status as a
nonimmigrant.
(g) Exclusive Remedy.-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.
(h) Limitation on Consideration in the Senate of Legislation Adjusting Status.(1) In general.-Except as provided in paragraph (2), it shall not be in order in the Senate
to consider any bill, resolution, or amendment that(A) provides for adjustment to lawful temporary or permanent resident alien status for
any alien receiving temporary protected status under this section, or
(B) has the effect of amending this subsection or limiting the application of this
subsection.
(2) Supermajority required.-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

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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).
(3) Rules.-Paragraphs (1) and (2) are enacted(A) as an exercise of the rulemaking power of the Senate and as such they are deemed a
part of the rules of the Senate, but applicable only with respect to the matters described
in paragraph (1) and supersede other rules of the Senate only to the extent that such
paragraphs are inconsistent therewith; and
(B) with full recognition of the constitutional right of the Senate to change such rules at
any time, in the same manner as in the case of any other rule of the Senate.
(i) Annual Report and Review.(1) Annual report.-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(A) a listing of the foreign states or parts thereof designated under this section,
(B) the number of nationals of each such state who have been granted temporary
protected status under this section and their immigration status before being granted
such status, and
(C) an explanation of the reasons why foreign states or parts thereof were designated
under subsection (b)(1) and, with respect to foreign states or parts thereof previously
designated, why the designation was terminated or extended under subsection (b)(3).
(2) Committee report.-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.

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