Warner, Kaine, Colleagues Introduce Bill to Provide Legal Permanent Residency to TPS and DED Recipients Following Trump Attacks on Protections
WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine (both D-VA) and 29 Senate colleagues introduced the Safe Environment from Countries Under Repression and Emergency (SECURE) Act, legislation to provide qualified Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) recipients a path to legal permanent residency. The senators’ reintroduction of this bill comes as the Trump Administration and the Supreme Court undermine TPS, a program that has for years provided refuge to those living in America who have fled natural disasters, violence, and political insecurity. The Trump Administration has revoked TPS for an estimated 563,000 recipients from five countries–Venezuela, Haiti, Afghanistan, Cameroon, and Nepal–and while there have been legal challenges filed against this action, the Supreme Court has temporarily allowed the revocation to stand, which puts 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).
“Virginia is home to tens of thousands of law-abiding immigrants who are unable to return to their countries of origin due to painful extraordinary circumstances. Though these individuals benefit from certain protections from deportation, they remain in limbo despite having lived and worked in the U.S. for years,” said Warner. “I’m proud to introduce this legislation to create a real pathway to permanent residency for TPS and DED recipients who drive our economy and make valuable contributions to their communities.”
“TPS and DED recipients are valuable members of our communities. Many have lived here for years with U.S. children, spouses, and even businesses they’ve built — yet they are forced to live in uncertainty and fear that they may lose everything if they lose TPS or DED. I’m proud to introduce this legislation to give TPS and DED recipients a path to permanent residence so they can continue to contribute to America,” said Kaine.
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 emanates 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 intends 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.
In addition to Warner and Kaine, the legislation is cosponsored by U.S. Senators Chris Van Hollen (D-MD), Angela Alsobrooks (D-MD), Tammy Baldwin (D-WI), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Chris Coons (D-DE), Catherine Cortez-Masto (D-NV), Tammy Duckworth (D-IL), Dick Durbin (D-IL), Martin Heinrich (D-NM), John Hickenlooper (D-CO), Mazie Hirono (D-HI), Andy Kim (D-NJ) Amy Klobuchar (D-MN), Ben Ray Luján (D-NM), Edward Markey (D-MA), Patty Murray (D-WA), Alex Padilla (D-CA), Jack Reed (D-RI), Jacky Rosen (D-NV), Bernie Sanders (I-VT), Brian Schatz (D-HI), Adam Schiff (D-CA), Tina Smith (D-MN), Rev. Raphael Warnock (D-GA), Elizabeth Warren (D-MA), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR).
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