S. 2144Senate115th Congress (2017-2019)In Committee

SECURE Act

Introduced November 16, 2017

AI-Generated Summary

Updated April 15, 2026 at 7:13 PM UTC

The SECURE Act creates a new way for certain foreign nationals from countries that have been designated for Temporary Protected Status (TPS) to become lawful permanent residents. It lets eligible individuals apply for a green card even if they have a removal order, and it also extends the benefit to their spouses, domestic partners, and children. The law adds reporting duties for the government when a TPS designation ends and removes the usual numerical caps on these adjustments.

Key Provisions

  • Allows eligible aliens—those from TPS‑designated countries who have lived continuously in the U.S. for at least three years, pass background checks, and are not inadmissible or deportable—to have their status adjusted to permanent residence by the Secretary of Homeland Security.
  • Permits applicants with a final removal order to apply for adjustment without having to reopen or vacate that order; if approved, the order is cancelled, and if denied, the order remains enforceable.
  • Provides a stay of removal for anyone with a pending application or who intends to file, and grants work authorization while the application is pending.
  • Extends adjustment eligibility to spouses, domestic partners, and children of approved applicants; children must have at least one year of physical presence before adjustment.
  • Allows waivers for the continuous‑presence requirement if removal would cause extreme hardship to the applicant or close family members.
  • Excludes these adjustments from the usual annual immigration caps and gives applicants the same administrative‑review rights as other adjustment applicants.
  • Requires the Secretary of Homeland Security to report to Congress within three days after a TPS designation is terminated, detailing the country’s conditions, progress, and ability to repatriate its nationals.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

November 16, 2017

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SenateIntro Referral

Introduced in Senate

November 16, 2017

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

November 16, 2017

Floor Debate

13 members

What members said about S. 2144 on the floor

2 Republicans11 Democrats
John Cornyn
Sen. John CornynR-TX · Feb 13, 2018

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, yesterday we began floor debate on something that we have literally been talking about for…

Sheldon Whitehouse
Sen. Sheldon WhitehouseD-RI · Feb 13, 2018

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I am here for my 197th ``Time to Wake Up'' speech. My poster board is getting a little…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Feb 13, 2018

Mr. President, I want to share with my colleagues a concern I have about a group of people who are legally in this country and have a similar problem as the DACA registrant Dreamers who we need to…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Jan 18, 2018

Mr. President, the Dreamers are part of this country. They are America's future. They are helping to build this great Nation, and they need our attention now. The Republicans control the House, the…

Jack Reed
Sen. Jack ReedD-RI · Feb 13, 2018

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, last September, President Trump took it upon himself to create an economic, humanitarian, and…

Show 8 more
Richard J. Durbin
Sen. Richard J. DurbinD-IL · Dec 21, 2017

Mr. President, I thank my colleague from Colorado. We have been engaged in this battle of immigration reform for years. He is a worthy ally, thoughtful, and always thinking of a solution. I thank him…

Tim Kaine
Sen. Tim KaineD-VA · Dec 21, 2017

Mr. President, I also rise to advocate the passage of a clean Dream Act now. I had a youngster say to me--and I am going to tell the stories of a few of the youngsters--at an event in November, a…

Patty Murray
Sen. Patty MurrayD-WA · Dec 21, 2017

Mr. President, over the years there has been a lot of debate on the Senate floor, from healthcare to tax reform. There is no doubt that some days it feels impossible to get the majority of…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Dec 21, 2017

Mr. President, I thank Senator Durbin for his extraordinary leadership on this issue and so many others. The Dreamers are part of this country. They are America's future. They are helping to build…

Chris Van Hollen
Sen. Chris Van HollenD-MD · Feb 13, 2018

I thank the Presiding Officer. Mr. President, I start by thanking my colleague from the State of Maryland, Senator Cardin, for his leadership on many, many issues but, especially, as we gather here…

Gary C. Peters
Sen. Gary C. PetersD-MI · Feb 13, 2018

Mr. President, a community built without access to drinking water would never be expected to grow and thrive. Parents wouldn't move their children to a home where they don't have running water for…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Oct 11, 2018

Mr. President, this month, I join the Nation in celebrating Hispanic Heritage Month and the invaluable contributions of the Latino community to our country. Hispanic Americans comprise an integral…

Patty Murray
Sen. Patty MurrayD-WA · Feb 13, 2018

Mr. President, as people around the Nation listen to this floor debate, I am sure they can hear the divisions about immigration loud and clear. I know I can. Immigration policy is hard, it is…

Show 6 more
Elizabeth Warren
Sen. Elizabeth WarrenD-MA · Dec 21, 2017

Mr. President, just yesterday, the Republican-controlled Congress passed a massive tax giveaway that will shovel truckloads of money into pockets of giant corporations and the superrich, while it…

Sheldon Whitehouse
Sen. Sheldon WhitehouseD-RI · Dec 21, 2017

Mr. President, I am delighted to join my colleagues here in support of these kids who are known as Dreamers or DACA kids, who came in under the statute or under President Obama's program and who have…

Amy Klobuchar
Sen. Amy KlobucharD-MN · Dec 21, 2017

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I rise, once again today, to express my strong support for taking action on the Dream Act. I…

Michael F. Bennet
Sen. Michael F. BennetD-CO · Dec 21, 2017

Mr. President, I wish to talk about the Dreamers. As I have from the time I was a school superintendent in Denver until now, I had the opportunity to spend time last weekend or the week before with a…

Mitch McConnell
Sen. Mitch McConnellR-KY · Feb 13, 2018

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I ask unanimous consent that the motion to proceed to H.R. 2579 be agreed to; that Senator…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Feb 13, 2018

Mr. President, reserving the right to object, there have been meetings going on all day on a bipartisan basis to try to resolve the issue before us, which was the President's decision to end the DACA…

Bill Text

Latest available legislative text

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Introduced in SenateIssued November 16, 2017

II

115th CONGRESS

1st Session

S. 2144

IN THE SENATE OF THE UNITED STATES

November 16, 2017

Mr. Van Hollen (for himself, Mr. Cardin, Mrs. Feinstein, Mr. Reed, Ms. Hirono, Mrs. Gillibrand, Mr. Markey, Ms. Harris, Mr. Whitehouse, and Ms. Cortez Masto) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To provide a process for granting lawful permanent resident status to aliens from certain countries who meet specified eligibility requirements.

1.

Short title

This Act may be cited as the Safe Environment from Countries Under Repression and Emergency Act or the SECURE Act.

2.

Adjustment of status of certain foreign nationals

(a)

Adjustment of status

(1)

In general

Notwithstanding section 245(c) of the Immigration and Nationality Act (8 U.S.C. 1255(c)), the status of any alien described in subsection (b) shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence if the alien—

(A)

is not inadmissible under paragraph (2) or (3) of section 212(a) of such Act (8 U.S.C. 1182(a));

(B)

is not deportable under paragraph (2), (3), or (4) of section 237(a) of such Act (8 U.S.C. 1227(a)); and

(C)

is not described in section 208(b)(2)(A)(i) of such Act (8 U.S.C. 1158(b)(2)(A)(i)).

(2)

Relationship of application to certain orders

(A)

In general

An alien who is present in the United States and has been ordered removed, or permitted voluntarily to depart, from the United States under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) may, notwithstanding such order, apply for adjustment of status under paragraph (1).

(B)

Motion not required

An alien described in subparagraph (A) may not be required, as a condition of submitting or approving an application under such subparagraph, to file a motion to reopen, reconsider, or vacate an order described in such subparagraph.

(C)

Approval

If the Secretary of Homeland Security approves an application submitted by an alien under subparagraph (A), the Secretary shall cancel the order related to the alien that is referred to in such subparagraph.

(D)

Denial

If the Secretary of Homeland Security renders a final administrative decision to deny an application submitted by an alien under subparagraph (A), the order related to such alien shall be effective and enforceable to the same extent as if such application had not been made.

(b)

Aliens eligible for adjustment of status

(1)

In general

An alien is described in this subsection if the alien—

(A)

is a national of a foreign state that was at any time designated under section 244(b) of the Immigration and Nationality Act (8 U.S.C. 1254a(b));

(B)
(i)

is in temporary protected status under section 244 of the Immigration and Nationality Act 8 (8 U.S.C. 1254a);

(ii)

held temporary protected status as a national of a designated country listed in paragraph (1); or

(iii)

qualified for temporary protected status at the time the last designation was made by the Secretary of Homeland Security;

(C)

has been continuously present in the United States for at least 3 years and is physically present in the United States on the date on which the alien files an application for adjustment of status under this section; and

(D)

passes all applicable criminal and national security background checks.

(2)

Short absences

An alien shall not be considered to have failed to maintain continuous physical presence in the United States under paragraph (1)(C) by reason of an absence, or multiple absences, from the United States for any period or periods that do not exceed, in the aggregate, 180 days.

(3)

Waiver authorized

Notwithstanding any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), an alien who fails to meet the continuous physical presence requirement under paragraph (1)(C) shall be considered eligible to receive an adjustment of status under this section if the Attorney General or the Secretary of Homeland Security determines that the removal of the alien from the United States would result in extreme hardship to the alien or the alien’s spouse, children, parents, or domestic partner.

(c)

Stay of removal

(1)

In general

Except as provided in paragraph (2), an alien who is subject to a final order of removal may not be removed if the alien—

(A)

has a pending application under subsection (a); or

(B)
(i)

is prima facie eligible to file an application under subsection (a); and

(ii)

indicates that he or she intends to file such an application.

(2)

Exception

Paragraph (1) shall not apply to any alien whose application under subsection (a) has been denied by the Secretary of Homeland Security in a final administrative determination.

(3)

During certain proceedings

(A)

In general

Except as provided in subparagraph (B) and notwithstanding any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary of Homeland Security may not order any alien to be removed from the United States if the alien raises, as a defense to such an order, the eligibility of the alien to apply for adjustment of status under subsection (a).

(B)

Exception

Subparagraph (A) shall not apply to any alien whose application under subsection (a) has been denied by the Secretary of Homeland Security in a final administrative determination.

(4)

Work authorization

The Secretary of Homeland Security—

(A)

shall authorize any alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States while such application is pending; and

(B)

may provide such alien with an employment authorized endorsement or other appropriate document signifying such employment authorization.

(d)

Adjustment of status for spouses and children

(1)

In general

Notwithstanding section 245(c) of the Immigration and Nationality Act (8 U.S.C. 1255(c)) and except as provided in paragraphs (2) and (3), the Secretary of Homeland Security shall adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien—

(A)

is the spouse, domestic partner, child, or unmarried son or daughter of an alien whose status has been adjusted to that of an alien lawfully admitted for permanent residence under subsection (a);

(B)

is physically present in the United States on the date on which the alien files an application for such adjustment of status; and

(C)

is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence.

(2)

Continuous presence requirement

(A)

In general

The status of an unmarried son or daughter referred to in paragraph (1)(A) may not be adjusted under paragraph (1) until such son or daughter establishes that he or she has been physically present in the United States for at least 1 year.

(B)

Short absences

An alien shall not be considered to have failed to maintain continuous physical presence in the United States under subparagraph (A) by reason of an absence, or multiple absences, from the United States for any period or periods that do not exceed, in the aggregate, 180 days.

(3)

Waiver

In determining eligibility and admissibility under paragraph (1)(C), the grounds for inadmissibility under paragraphs (4), (5), (6), (7)(A), and (9) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply.

(e)

Availability of administrative review

The Secretary of Homeland Security shall provide applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to—

(1)

applicants for adjustment of status under section 245 of the Immigration and Nationality Act 19 (8 U.S.C. 1255); or

(2)

aliens who are subject to removal proceedings under section 240 of such Act (8 U.S.C. 1229a).

(f)

Exceptions to numerical limitations

The numerical limitations set forth in sections 201 and 202 of the Immigration and Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to aliens whose status is adjusted pursuant to subsection (a).

3.

Additional reporting requirements regarding future discontinued eligibility of aliens from countries currently listed under temporary protected status

Section 244(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)(3)) is amended—

(1)

in subparagraph (A)—

(A)

by striking the Attorney General and inserting , the Secretary of Homeland Security;

(B)

by inserting (including a recommendation from the Secretary of State that is received by the Secretary of Homeland Security not later than 90 days before the end of such period of designation) after Government; and

(C)

by striking The Attorney General and inserting The Secretary; and

(2)

in subparagraph (B)—

(A)

by striking If the Attorney General and inserting the following:

(i)

In general

If the Secretary of Homeland Security

;

(B)

in clause (i), as redesignated, by striking Attorney General and inserting Secretary; and

(C)

by adding at the end the following:

(ii)

Report

Not later than 3 days after the publication of the Secretary’s determination in the Federal Register that a country’s designation under paragraph (1) is being terminated, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that shall include—

(I)

an explanation of the event or events that initially prompted such country’s designation under paragraph (1);

(II)

the progress the country has made in remedying the designation under paragraph (1), including any significant challenges or shortcomings that have not been addressed since the initial designation;

(III)

a statement indicating whether the country has requested a designation under paragraph (1), a redesignation under such paragraph, or an extension of such designation; and

(IV)

an analysis, with applicable and relevant metrics, as determined by the Secretary, of the country’s ability to repatriate its nationals, including—

(aa)

the country’s financial ability to provide for its repatriated citizens;

(bb)

the country’s financial ability to address the initial designation under paragraph (1) without foreign assistance;

(cc)

the country’s gross domestic product and per capita gross domestic product per capita;

(dd)

an analysis of the country’s political stability and its ability to be economically self-sufficient without foreign assistance;

(ee)

the economic and social impact repatriation of nationals in possession of temporary protected status would have on the recipient country; and

(ff)

any additional metrics the Secretary considers necessary.

.

4.

Other matters

(a)

Application of Immigration and Nationality Act provisions

Except as otherwise specifically provided in this Act, the definitions in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall apply in this Act.

(b)

Savings provision

Nothing in this Act may be construed to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the Secretary of Homeland Security in the administration and enforcement of the immigration laws.

(c)

Eligibility for other immigration benefits

An alien who is eligible to be granted the status of an alien lawfully admitted for permanent residence under section 2 may not be precluded from seeking such status under any other provision of law for which the alien may otherwise be eligible.