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8 U.S. Code § 1254a - Temporary protected status

(a) Granting of status

(1) In generalIn the case of analien who is anational of aforeign state designated under subsection (b) (or in the case of an alienhaving no nationality, is a person who last habitually resided in such designated state) and who meets the requirements of subsection (c), theAttorney General, in accordance with this section—

(A)

may grant thealien temporary protected status in theUnited States and shall not remove the alienfrom theUnited States during the period in which such status is in effect, and

(B)

shall authorize thealien to engage in employment in theUnited States and provide the alienwith 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 thealien is in temporary protected status under this section.

(3) Notice

(A)

Upon the granting of temporary protected status under this section, theAttorney General shall provide the alienwith information concerning such status under this section.

(B)

If, at the time of initiation of a removal proceeding against analien, theforeign state (of which the alienis a national) is designated under subsection (b), theAttorney General shall promptly notify the alienof the temporary protected status that may be available under this section.

(C)

If, at the time of designation of aforeign state under subsection (b), an alien(who is a nationalof such state) is in a removal proceeding under this subchapter, theAttorney General shall promptly notify the alienof 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 thealien can understand.

(4) Temporary treatment for eligible aliens

(A)

In the case of analien 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 (c)(1)(A)(iv) has not begun, until thealien has had a reasonable opportunity to register during the first 30 days of such period, theAttorney General shall provide for the benefits of paragraph (1).

(B)

In the case of analien who establishes a prima facie case of eligibility for benefits under paragraph (1), until a final determination with respect to thealien’s eligibility for such benefits under paragraph (1) has been made, thealien shall be provided such benefits.

(5) Clarification

Nothing in this section shall be construed as authorizing theAttorney General to deny temporary protected status to an alienbased 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 alienmay have or to execute any waiver of other rights under this chapter. The granting of temporary protected status under this section shall not be considered to be inconsistent with the granting of nonimmigrant status under this chapter.

(b) Designations

(1) In generalTheAttorney 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)

theAttorney General finds that there is an ongoing armed conflict within the stateand, due to such conflict, requiring the return of alienswho are nationalsof that stateto that state(or to the part of the state) would pose a serious threat to their personal safety;

(B) theAttorney General finds that—

(i)

there has been an earthquake, flood, drought, epidemic, or other environmental disaster in thestate resulting in asubstantial, but temporary, disruption of living conditions in the area affected,

(ii)

theforeign state is unable, temporarily, to handle adequately the return to the stateof alienswho are nationalsof the state, and

(iii)

theforeign state officially has requested designation under this subparagraph; or

(C)

theAttorney General finds that there exist extraordinary and temporary conditions in the foreign statethat prevent alienswho are nationalsof the statefrom returning to the statein safety, unless theAttorney General finds that permitting the aliensto remain temporarily in the United Statesis contrary to the nationalinterest of the United States.

A designation of aforeign state (or part of suchforeign 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 the Federal Register. In such notice, theAttorney General shall also statean estimate of the number of nationalsof the foreign statedesignated 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 statesThe designation of aforeign state (or part of suchforeign state) under paragraph (1) shall—

(A)

take effect upon the date of publication of the designation under such paragraph, or such later date as theAttorney 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 aforeign state (or part thereof) under paragraph (1) is the period, specified by theAttorney 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 aforeign state (or part thereof) under this section theAttorney 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. TheAttorney 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 theAttorney 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), theAttorney 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).

If theAttorney 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 stateis extended for an additional period of 6 months (or, in the discretion of theAttorney General, a period of 12 or 18 months).

(4) Information concerning protected status at time of designations

At the time of a designation of aforeign state under this subsection, theAttorney General shall make available information respecting the temporary protected status made available to alienswho are nationalsof such designated foreign state.

(5) Review

(A) Designations

There is no judicial review of any determination of theAttorney General with respect to the designation, or termination or extension of a designation, of a foreign stateunder this subsection.

(B) Application to individuals

TheAttorney General shall establish an administrative procedure for the review of the denial of benefits to aliensunder this subsection. Such procedure shall not prevent an alienfrom asserting protection under this section in removal proceedings if the aliendemonstrates that the alienis a nationalof a statedesignated under paragraph (1).

(1) In general

(A) Nationals of designated foreign statesSubject to paragraph (3), analien, who is anational of a statedesignated under subsection (b)(1) (or in the case of an alienhaving no nationality, is a person who last habitually resided in such designated state), meets the requirements of this paragraph only if—

(i)

thealien has been continuously physically present in theUnited States since the effective date of the most recent designation of that state;

(ii)

thealien has continuously resided in theUnited States since such date as theAttorney General may designate;

(iii)

thealien 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 theAttorney General establishes, the alienregisters for the temporary protected status under this section during a registration period of not less than 180 days.

(B) Registration fee

TheAttorney General may require payment of a reasonable fee as a condition of registering an alienunder subparagraph (A)(iv) (including providing an alienwith 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 aliensregistered pursuant to a designation under this section made afterJuly 17, 1991, the Attorney Generalmay impose a separate, additional fee for providing an alienwith documentation of work authorization. Notwithstandingsection 3302 of title 31, 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 inadmissibilityIn the determination of analien’s admissibility for purposes of subparagraph (A)(iii) of paragraph (1)—

(i)

the provisions of paragraphs (5) and (7)(A) ofsection 1182(a) of this title shall not apply;

(ii)

except as provided in clause (iii), theAttorney General may waive any other provision ofsection 1182(a) of this title in the case of individual aliensfor humanitarian purposes, to assure family unity, or when it is otherwise in the public interest; but

(iii) theAttorney 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 tonational security and participation in the Nazi persecutions or those who have engaged in genocide).

(B) Aliens ineligibleAnalien shall not be eligible for temporary protected status under this section if theAttorney General finds that—

(i)

thealien has been convicted of any felony or 2 or more misdemeanors committed in theUnited States, or

(ii)

thealien is described insection 1158(b)(2)(A) of this title.

(3) Withdrawal of temporary protected statusTheAttorney General shall withdraw temporary protected status granted to an alienunder this section if—

(A)

theAttorney General finds that the alienwas not in fact eligible for such status under this section,

(B)

except as provided in paragraph (4) and permitted in subsection (f)(3), thealien has not remained continuously physically present in theUnited States from the date the alienfirst was granted temporary protected status under this section, or

(C)

thealien fails, without good cause, to register with theAttorney General annually, at the end of each 12-month period after the granting of such status, in a form and manner specified by theAttorney General.

(4) Treatment of brief, casual, and innocent departures and certain other absences

(A)

For purposes of paragraphs (1)(A)(i) and (3)(B), analien shall not be considered to have failed to maintain continuous physical presence in theUnited States by virtue of brief, casual, and innocent absences from theUnited States, without regard to whether such absences were authorized by theAttorney General.

(B)

For purposes of paragraph (1)(A)(ii), analien shall not be considered to have failed to maintain continuousresidence in theUnited 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 analien to apply for admission to, or to be admitted to, theUnited States in order to apply for temporary protected status under this section.

(6) Confidentiality of information

TheAttorney General shall establish procedures to protect the confidentiality of information provided by aliensunder this section.

(d) Documentation

(1) Initial issuance

Upon the granting of temporary protected status to analien under this section, theAttorney 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 theforeign state (or part thereof) involved and any extension of such period. TheAttorney 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 theAttorney 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 theAttorney General’s option, after such period after the effective date of the determination as theAttorney General determines to be appropriate in order to provide for an orderly transition).

(4) Detention of alien

Analien provided temporary protected status under this section shall not be detained by theAttorney 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 analien granted temporary protected status under this section, the period of such status shall not be counted as a period of physical presence in theUnited States for purposes ofsection 1229b(a) of this title, unless the Attorney Generaldetermines that extreme hardship exists. Such period shall not cause a break in the continuity of residenceof the period before and after such period for purposes of such section.

(f) Benefits and status during period of temporary protected statusDuring a period in which analien is granted temporary protected status under this section—

(1)

thealien shall not be considered to be permanently residing in theUnited States under color of law;

(2)

thealien may be deemed ineligible for public assistance by aState (as defined insection 1101(a)(36) of this title) or any political subdivision thereof which furnishes such assistance;

(3)

thealien may travel abroad with the prior consent of theAttorney General; and

(4)

for purposes of adjustment of status undersection 1255 of this title and change of status undersection 1258 of this title, the alienshall 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 theAttorney General under law to permit alienswho are or may become otherwise deportable or have been paroled into the United Statesto remain in the United Statestemporarily because of their particular nationality or region of foreign stateof nationality.

(h) Limitation on consideration inSenate of legislation adjusting status

(1) In generalExcept as provided in paragraph (2), it shall not be in order in theSenate to consider any bill, resolution, or amendment that—

(A)

provides for adjustment to lawful temporary orpermanent resident alienstatus for any alienreceiving 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 theSenate only by the affirmative vote of three-fifths of the Members duly chosen and sworn. An affirmative vote of three-fifths of the Members of theSenate duly chosen and sworn shall be required in theSenate to sustain an appeal of the ruling of the Chair on a point of order raised under paragraph (1).

(3) RulesParagraphs (1) and (2) are enacted—

(A)

as an exercise of the rulemaking power of theSenate and as such they are deemed a part of the rules of theSenate, but applicable only with respect to the matters described in paragraph (1) and supersede other rules of theSenate only to the extent that such paragraphs are inconsistent therewith; and

(B)

with full recognition of the constitutional right of theSenate to change such rules at any time, in the same manner as in the case of any other rule of theSenate.

(i) Annual report and review

(1) Annual reportNot later than March 1 of each year (beginning with 1992), theAttorney General, after consultation with the appropriate agencies of the Government, shall submit a report to the Committees on the Judiciary of theHouse of Representatives and of theSenate on the operation of this section during the previous year. Each report shall include—

(A)

a listing of theforeign states or parts thereof designated under this section,

(B)

the number ofnationals of each such statewho 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 whyforeign states or parts thereof were designated under subsection (b)(1) and, with respect toforeign 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 ofCongress shall report to its respective House such oversight findings and legislation as it deems appropriate.

(June 27, 1952, ch. 477, title II, ch. 5, § 244, formerly § 244A, as added and amendedPub. L. 101–649, title III, § 302(a), title VI, § 603(a)(24),Nov. 29, 1990,104 Stat. 5030, 5084;Pub. L. 102–232, title III, §§ 304(b), 307(l)(5),Dec. 12, 1991,105 Stat. 1749, 1756;Pub. L. 103–416, title II, § 219(j), (z)(2),Oct. 25, 1994,108 Stat. 4317, 4318; renumbered § 244 and amendedPub. L. 104–208, div. C, title III, § 308(b)(7), (e)(1)(G), (11), (g)(7)(E)(i), (8)(A)(i),Sept. 30, 1996,110 Stat. 3009–615, 3009–619, 3009–620, 3009–624.)

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 theImmigration 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 undersection 1101 of this title and Tables.

Amendments

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

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

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

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

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

Pub. L. 104–208, § 308(e)(11), amended heading.

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

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

1991—Subsec. (a)(1).Pub. L. 102–232, § 304(b)(1), inserted parenthetical relating to alienhaving no nationality.

Subsec. (c)(1)(A).Pub. L. 102–232, § 304(b)(3), inserted parenthetical relating to alienhaving no nationality.

Subsec. (c)(1)(B).Pub. L. 102–232, § 304(b)(2), as amended byPub. L. 103–416, § 219(z)(2), inserted provisions requiring separate fee of aliensregistered pursuant to designation made afterJuly 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).Pub. 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).Pub. 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).Pub. 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 ofCongress.

Subsec. (c)(2)(A)(iii)(I).Pub. 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).Pub. L. 101–649, § 603(a)(24)(C), substituted “(2)(C)” for “(23)” and inserted “or” at end.

Subsec. (c)(2)(A)(iii)(III).Pub. 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 nationalsecurity)”, 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 nationalsecurity)”, and a period for “, or”, as the probable intent ofCongress.

Subsec. (c)(2)(A)(iii)(IV).Pub. 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 byPub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days afterSept. 30, 1996, seesection 309 of Pub. L. 104–208, set out as a note undersection 1101 of this title.

Effective Date of 1994 Amendment

Amendment bysection 219(j) of Pub. L. 103–416 effective as if included in the enactment of theImmigration Act of 1990,Pub. L. 101–649, seesection 219(dd) of Pub. L. 103–416, set out as a note undersection 1101 of this title.

Pub. 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 NaturalizationAmendments of 1991,Pub. L. 102–232.

Effective Date of 1991 Amendment

Amendment bysection 304(b) of Pub. L. 102–232 effective as if included in the enactment of theImmigration Act of 1990,Pub. L. 101–649, seesection 310(1) of Pub. L. 102–232, set out as a note undersection 1101 of this title.

Pub. 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 theImmigration Act of 1990,Pub. L. 101–649.

Effective Date of 1990 Amendment

Amendment bysection 603(a)(24) of Pub. L. 101–649 applicable to individuals entering United Stateson or afterJune 1, 1991, seesection 601(e)(1) of Pub. L. 101–649, set out as a note undersection 1101 of this title.

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration andNaturalization Service, transfer of functions, and treatment of related references, see note set out undersection 1551 of this title.

Limitation on Suspension of Deportation

TheAttorney General may not suspend deportation and adjust status under this section of more than 4,000 aliensin any fiscal year, beginning afterSept. 30, 1996, regardless of when aliensapplied for such suspension and adjustment, seesection 309(c)(7) of Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note undersection 1101 of this title.

Aliens Authorized To Travel Abroad Temporarily

Pub. L. 102–232, title III, § 304(c),Dec. 12, 1991,105 Stat. 1749, as amended byPub. 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 analien described in paragraph (2) whom theAttorney General authorizes to travel abroad temporarily and who returns to the United Statesin accordance with such authorization—

“(A) thealien shall be inspected and admitted in the same immigration status thealien had at the time of departure if—

“(i)

in the case of analien described in paragraph (2)(A), thealien is found not to be excludable on a ground of exclusion referred to in section 301(a)(1) of theImmigration Act of 1990 [Pub. L. 101–649, set out as a note undersection 1255a of this title], or

“(ii)

in the case of analien described in paragraph (2)(B), thealien is found not to be excludable on a ground of exclusion referred to in section 244(c)(2)(A)(iii) of theImmigration and Nationality Act [8 U.S.C. 1254a(c)(2)(A)(iii)]; and

“(B)

thealien shall not be considered, by reason of such authorized departure, to have failed to maintain continuous physical presence in theUnited States for purposes of section 240A(a) of theImmigration and Nationality Act [8 U.S.C. 1229b(a)] if the absence meets the requirements of section 240A(b)(2) of such Act.

“(2)Aliens described in this paragraph are the following:

“(A)

Aliens provided benefits under section 301 of theImmigration Act of 1990 (relating to family unity).

“(B)

Aliens provided temporary protected status under section 244 of theImmigration and Nationality Act, including aliensprovided such status under section 303 of theImmigration Act of 1990 [Pub. L. 101–649, set out below].”

Effect on Executive Order 12711

Pub. L. 101–649, title III, § 302(c),Nov. 29, 1990,104 Stat. 5036, as amended byPub. L. 102–232, title III, § 304(a),Dec. 12, 1991,105 Stat. 1749;Pub. L. 103–416, title II, § 219(y),Oct. 25, 1994,108 Stat. 4318;Pub. 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 theImmigration and Nationality Act [8 U.S.C. 1254a(g)] (inserted by the amendment made by subsection (a)), such section shall not supersede or affectExecutive Order 12711 (April 11, 1990 [8 U.S.C. 1101 note], relating to policy implementation with respect to nationalsof the People’s Republic of China).”

Special Temporary Protected Status for Salvadorans

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

“(b) Aliens Eligible.—

“(1) In general.—In applying section 244 of theImmigration 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 alienwho is a nationalof El Salvador meets the requirements of section 244(c)(1) of such Act only if—

“(A)

thealien has been continuously physically present in theUnited States sinceSeptember 19, 1990;

“(B)

thealien 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 theAttorney General shall establish, the alienregisters for temporary protected status under this section during the registration period beginningJanuary 1, 1991, and endingOctober 31, 1991.

“(2) Registration fee.—

TheAttorney General shall require payment of a reasonable fee as a condition of registering an alienunder paragraph (1)(C) (including providing an alienwith 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. Notwithstandingsection 3302 of title 31, United StatesCode, 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 theImmigration and Nationality Act [8 U.S.C. 1254a] (including subsection (h) thereof) shall apply to El Salvador (and aliensprovided temporary protected status) under this section in the same manner as they apply to a foreign statedesignated (and aliensprovided temporary protected status) under such section.

“(2) Provisions not applicable.—

Subsections (b)(1), (b)(2), (b)(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 theImmigration 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 theImmigration and Nationality Act under this section, the Attorney Generalshall provide for advance parole in the case of an alienprovided special temporary protected status under this section if the alienestablishes to the satisfaction of the Attorney Generalthat emergency and extenuating circumstances beyond the control of the alienrequires the aliento 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 andNaturalization Serviceshall serve on the aliengranted 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(b) of theImmigration and Nationality Act [8 U.S.C. 1254a], the Serviceshall cancel such orders.

“(2) Sanction for failure to appear.—

If analien is provided an order to show cause under paragraph (1) and fails to appear at such proceedings, except for exceptional circumstances, thealien may be deported in absentia under section 240(b)(5) of theImmigration and Nationality Act [8 U.S.C. 1229a(b)(5)] (inserted by section 545(a) of this Act) and certain discretionary forms of relief are no longer available to the alienpursuant to such section.”

CFR Title	Parts
8	106, 244, 246, 1003, 1244
20	416

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8 U.S. Code § 1254a - Temporary protected status

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