
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1254a]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                 Part V--Adjustment and Change of Status
 
Sec. 1254a. Temporary protected status


(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) of this section (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) of this section, 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) of this section, 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) of this section, an alien (who is a national of such 
    state) is in a removal proceeding under this subchapter, 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 (c)(1)(A)(iv) of 
    this section 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 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 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 
    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) of this section, 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).

       (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) of this section (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 
        documentation of work authorization. Notwithstanding section 
        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 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 1182(a) of this title shall not apply;
                (ii) except as provided in clause (iii), the Attorney 
            General may waive any other provision of section 1182(a) of 
            this title 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 1158(b)(2)(A) of 
            this title.

            (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) of this section, 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
            (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) of 
    this section, 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).

                       (4) Detention of 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 
1229b(a) of this title, 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 1101(a)(36) of this title) 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 1255 of 
    this title and change of status under section 1258 of this title, 
    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 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 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) of this 
        section and, with respect to foreign states or parts thereof 
        previously designated, why the designation was terminated or 
        extended under subsection (b)(3) of this section.

                        (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.

(June 27, 1952, ch. 477, title II, ch. 5, Sec. 244, formerly Sec. 244A, 
as added and amended Pub. L. 101-649, title III, Sec. 302(a), title VI, 
Sec. 603(a)(24), Nov. 29, 1990, 104 Stat. 5030, 5084; Pub. L. 102-232, 
title III, Secs. 304(b), 307(l)(5), Dec. 12, 1991, 105 Stat. 1749, 1756; 
Pub. L. 103-416, title II, Sec. 219(j), (z)(2), Oct. 25, 1994, 108 Stat. 
4317, 4318; renumbered Sec. 244 and amended Pub. L. 104-208, div. C, 
title III, Sec. 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.)


                               Amendments

    1996--Subsec. (a)(1)(A). Pub. L. 104-208, Sec. 308(e)(11), 
substituted ``remove'' for ``deport''.
    Subsec. (a)(3)(B), (C). Pub. L. 104-208, Sec. 308(e)(1)(G), 
substituted ``removal'' for ``deportation''.
    Subsec. (b)(5)(B). Pub. L. 104-208, Sec. 308(e)(1)(G), substituted 
``removal'' for ``deportation''.
    Subsec. (c)(2)(B)(ii). Pub. L. 104-208, Sec. 308(g)(7)(E)(i), 
substituted ``section 1158(b)(2)(A)'' for ``section 1253(h)(2)''.
    Subsec. (e). Pub. L. 104-208, Sec. 308(g)(8)(A)(i), substituted 
``section 1229b(a)'' for ``section 1254(a)''.
    Pub. L. 104-208, Sec. 308(e)(11), amended heading.
    1994--Subsec. (c)(1)(B). Pub. L. 103-416, Sec. 219(z)(2), made 
technical correction to directory language of Pub. L. 102-232, 
Sec. 304(b)(2). See 1991 Amendment note below.
    Subsec. (c)(2)(A)(iii)(III). Pub. L. 103-416, Sec. 219(j), 
substituted ``paragraphs'' for ``Paragraphs'' and ``and (3)(E)'' for 
``or (3)(E)''.
    1991--Subsec. (a)(1). Pub. L. 102-232, Sec. 304(b)(1), inserted 
parenthetical relating to alien having no nationality.
    Subsec. (c)(1)(A). Pub. L. 102-232, Sec. 304(b)(3), inserted 
parenthetical relating to alien having no nationality.
    Subsec. (c)(1)(B). Pub. L. 102-232, Sec. 304(b)(2), as amended by 
Pub. L. 103-416, Sec. 219(z)(2), inserted provisions requiring separate 
fee of aliens registered pursuant to designation made after July 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, Sec. 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, Sec. 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, Sec. 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 of 
Congress.
    Subsec. (c)(2)(A)(iii)(I). Pub. L. 101-649, Sec. 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, Sec. 603(a)(24)(C), 
substituted ``(2)(C)'' for ``(23)'' and inserted ``or'' at end.
    Subsec. (c)(2)(A)(iii)(III). Pub. L. 101-649, Sec. 603(a)(24)(D), 
which directed the substitution of ``(3) (relating to security and 
related grounds)'' for ``(27) and (29) (relating to national 
security)'', 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 national security)'', and a period for ``, 
or'', as the probable intent of Congress.
    Subsec. (c)(2)(A)(iii)(IV). Pub. L. 101-649, Sec. 603(a)(24)(E), 
struck out subcl. (IV) which referred to par. (33).


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-208 effective, with certain transitional 
provisions, on the first day of the first month beginning more than 180 
days after Sept. 30, 1996, see section 309 of Pub. L. 104-208, set out 
as a note under section 1101 of this title.


                    Effective Date of 1994 Amendment

    Amendment by section 219(j) of Pub. L. 103-416 effective as if 
included in the enactment of the Immigration Act of 1990, Pub. L. 101-
649, see section 219(dd) of Pub. L. 103-416, set out as a note under 
section 1101 of this title.
    Section 219(z) of Pub. L. 103-416 provided that the amendment made 
by subsec. (z)(2) of that section is effective as if included in the 
Miscellaneous and Technical Immigration and Naturalization Amendments of 
1991, Pub. L. 102-232.


                    Effective Date of 1991 Amendment

    Amendment by section 304(b) of Pub. L. 102-232 effective as if 
included in the enactment of the Immigration Act of 1990, Pub. L. 101-
649, see section 310(1) of Pub. L. 102-232, set out as a note under 
section 1101 of this title.
    Section 307(l) of Pub. L. 102-232 provided that the amendment made 
by that section is effective as if included in section 603(a) of the 
Immigration Act of 1990, Pub. L. 101-649.


                    Effective Date of 1990 Amendment

    Amendment by section 603(a)(24) of Pub. L. 101-649 applicable to 
individuals entering United States on or after June 1, 1991, see section 
601(e)(1) of Pub. L. 101-649, set out as a note under section 1101 of 
this title.


                 Limitation on Suspension of Deportation

    The Attorney General may not suspend deportation and adjust status 
under this section of more than 4,000 aliens in any fiscal year, 
beginning after Sept. 30, 1996, regardless of when aliens applied for 
such suspension and adjustment, see section 309(c)(7) of Pub. L. 104-
208, set out in an Effective Date of 1996 Amendments note under section 
1101 of this title.


             Aliens Authorized To Travel Abroad Temporarily

    Section 304(c) of Pub. L. 102-232, as amended by Pub. L. 104-208, 
div. C, title III, Sec. 308(g)(1), (8)(A)(ii), (C), Sept. 30, 1996, 110 
Stat. 3009-622, 3009-624, provided that:
    ``(1) In the case of an alien described in paragraph (2) whom the 
Attorney General authorizes to travel abroad temporarily and who returns 
to the United States in accordance with such authorization--
        ``(A) the alien shall be inspected and admitted in the same 
    immigration status the alien had at the time of departure if--
            ``(i) in the case of an alien described in paragraph (2)(A), 
        the alien is found not to be excludable on a ground of exclusion 
        referred to in section 301(a)(1) of the Immigration Act of 1990 
        [Pub. L. 101-649, set out as a note under section 1255a of this 
        title], or
            ``(ii) in the case of an alien described in paragraph 
        (2)(B), the alien is found not to be excludable on a ground of 
        exclusion referred to in section 244(c)(2)(A)(iii) of the 
        Immigration and Nationality Act [8 U.S.C. 1254a(c)(2)(A)(iii)]; 
        and
        ``(B) the alien shall not be considered, by reason of such 
    authorized departure, to have failed to maintain continuous physical 
    presence in the United States for purposes of section 240A(a) of the 
    Immigration 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 the 
    Immigration Act of 1990 (relating to family unity).
        ``(B) Aliens provided temporary protected status under section 
    244 of the Immigration and Nationality Act, including aliens 
    provided such status under section 303 of the Immigration Act of 
    1990 [Pub. L. 101-649, set out below].''


                     Effect on Executive Order 12711

    Section 302(c) of Pub. L. 101-649, as amended by Pub. L. 102-232, 
title III, Sec. 304(a), Dec. 12, 1991, 105 Stat. 1749; Pub. L. 103-416, 
title II, Sec. 219(y), Oct. 25, 1994, 108 Stat. 4318; Pub. L. 104-208, 
div. C, title III, Sec. 308(g)(1), Sept. 30, 1996, 110 Stat. 3009-622, 
provided that: ``Notwithstanding subsection (g) of section 244 of the 
Immigration and Nationality Act [8 U.S.C. 1254a(g)] (inserted by the 
amendment made by subsection (a)), such section shall not supersede or 
affect Executive Order 12711 (April 11, 1990 [8 U.S.C. 1101 note], 
relating to policy implementation with respect to nationals of the 
People's Republic of China).''


           Special Temporary Protected Status for Salvadorans

    Section 303 of Pub. L. 101-649, as amended by Pub. L. 102-65, 
Sec. 1, July 2, 1991, 105 Stat. 322; Pub. L. 104-208, div. C, title III, 
Sec. 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 the Immigration 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 
    beginning January 1, 1991.
    ``(b) Aliens Eligible.--
        ``(1) In general.--In applying section 244 of the Immigration 
    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 
    alien who is a national of El Salvador meets the requirements of 
    section 244(c)(1) of such Act only if--
            ``(A) the alien has been continuously physically present in 
        the United States since September 19, 1990;
            ``(B) the alien 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 the Attorney General shall 
        establish, the alien registers for temporary protected status 
        under this section during the registration period beginning 
        January 1, 1991, and ending October 31, 1991.
        ``(2) Registration fee.--The Attorney General shall require 
    payment of a reasonable fee as a condition of registering an alien 
    under paragraph (1)(C) (including providing an alien with 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. Notwithstanding 
    section 3302 of title 31, United States Code, 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 the Immigration and Nationality Act [8 
    U.S.C. 1254a] (including subsection (h) thereof) shall apply to El 
    Salvador (and aliens provided temporary protected status) under this 
    section in the same manner as they apply to a foreign state 
    designated (and aliens provided 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 the Immigration 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 the Immigration and 
    Nationality Act under this section, the Attorney General shall 
    provide for advance parole in the case of an alien provided special 
    temporary protected status under this section if the alien 
    establishes to the satisfaction of the Attorney General that 
    emergency and extenuating circumstances beyond the control of the 
    alien requires the alien to 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 and Naturalization Service shall serve on the alien 
    granted 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 the Immigration and 
    Nationality Act [8 U.S.C. 1254a], the Service shall cancel such 
    orders.
        ``(2) Sanction for failure to appear.--If an alien is provided 
    an order to show cause under paragraph (1) and fails to appear at 
    such proceedings, except for exceptional circumstances, the alien 
    may be deported in absentia under section 240(b)(5) of the 
    Immigration 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 alien pursuant to such 
    section.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1182, 1375, 1574 of this 
title.
