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house Bill H.R. 4184

Allowing People Granted Temporary Protected Status (TPS) to Apply For Permanent Resident Status

Argument in favor

People who were granted Temporary Protected Status years ago to live in the U.S. because of instability in their home countries have become essential parts of their communities here in America. They should be allowed to apply for legal permanent resident status so they can continue those contributions.

Samantha's Opinion
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01/12/2018
Please pass this bill to allow person granted TPS a legal option to permeant residency. If they received TPS before Jan 2011 that means they've lived in the USA for at least 7 years. 7 years of contributing to their new communities and building their lives. Let them stay!
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Leo's Opinion
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01/12/2018
If you have been here since 2011 and have committed no crime while contributing to the economy, you have earned the right for permanent residency.
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···
01/12/2018
This bill is a workable strategy to identify carefully those immigrants whose presence in this country is a result of seeking asylum and safety under extreme duress, engaging as fully as possible into the communities and values of this nation and contributing effectively towards the good of their cities, state and towards our country as a whole. I would prefer the more permanent status of citizenship, but as this bill is offered by a Republican in this time of woefully absent bipartisanship and basically achieves the aim of fairness and offers respect for the efforts of immigrants to assimilate, I can support it.
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Argument opposed

The Temporary Protected Status program is designed to temporarily allow people whose home countries are in turmoil to live and work in the U.S. until the situation in their homeland stabilizes. It shouldn’t last forever, and if those people want to return they can choose to go through the immigration process.

Bradley's Opinion
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01/12/2018
Follow the process. We have one for a reason.
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Jake's Opinion
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01/12/2018
NO ONE should be allowed to go to the front of the line! That’s a slap in the face to the immigrants waiting in line obeying the law and those that are now citizens that did it the right way. Pls don’t pass the unfair advantage bill.
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RadicalModerate's Opinion
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01/12/2018
Congress should do the right thing and protect all Americans and the world against the president. Impeach the Donald.
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bill Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
  • The house has not voted
      house Committees
      Committee on the Judiciary
      Immigration and Citizenship
    IntroducedOctober 31st, 2017

What is House Bill H.R. 4184?

This bill — the ESPERER Act — would allow qualified immigrants who received Temporary Protected Status (TPS) in the U.S. prior to January 13, 2011 to become legal permanent residents by applying before January 1, 2021. It would apply to nationals of Haiti, Nicaragua, El Salvador, and Honduras who satisfy the eligibility criteria. Successful applicants could not have ordered, incited, assisted, or participated in the persecution of others. They also could not have been convicted of any federal or state offense punishable by more than one year’s imprisonment, or convicted of at least three separate offenses where the aggregate prison sentence was 90 days or more.

Individuals would be ineligible for permanent resident status if they’re inadmissible under the Immigration and Nationality Act on health-related grounds; criminal- or security-related grounds; they’re a public charge; involved in human trafficking or child abduction; have abused a student visa; are permanently ineligible for citizenship; practice polygamy; or voted illegally.

Further, individuals would be ineligible for permanent resident status if they’re deportable under the Immigration Nationality Act because of human trafficking; participated in marriage fraud; criminal- or security-related grounds; they’re a public charge; or voted illegally.

Individuals who were previously subject to deportation or voluntary departure orders could apply for permanent status without having to file a motion to reopen or vacate the prior order. If their application is granted, the prior order would be cancelled. If the application is denied the prior order would be in effect and enforceable. The Dept. of Homeland Security (DHS) would be required to issue regulations to stay the removal of a person who has filed an application, and would be prevented from ordering an eligible person’s removal unless their application has been denied.

DHS would be allowed to grant work authorizations to applicants, and would be mandated to grant work authorizations when an application is pending for more than 180 days.

Spouses, children, and unmarried sons or daughters of the applicant would also be eligible for permanent resident status if:

  • They file an application when they are physically present in the U.S.;

  • Unmarried sons or daughters must have been physically present in the U.S. for at least one year;

  • They’re otherwise eligible for immigrant visa and are admissible, with exceptions made for the Immigration and Nationality Act’s requirements that admissible immigrants not be a public charge, certify that they’re working, and provide other documentations.

Applicants would be entitled to the same administrative review provided to those applying for legal status under the Immigration and Nationality Act or individuals going through deportation proceedings. DHS decisions on an application wouldn’t be subject to judicial review.

The bill’s full title is the Extending Status Protection for Eligible Refugees with Established Residency Act of 2017.

Impact

People granted Temporary Protected Status; and DHS.

Cost of House Bill H.R. 4184

A CBO cost estimate is unavailable.

More Information

In-Depth: Sponsoring Rep. Carlos Curbelo (R-FL) introduced this bill to grant legal permanent resident status to eligible Nicaraguan, Salvadoran, Honduran, and Haitian immigrants who were given Temporary Protected Status (TPS):

“While hoping and waiting they would be able to return to their native countries for years, Nicaraguan, Salvadoran, Honduran and Haitian immigrants have become essential parts of the South Florida community by contributing to our local economy and our culture. While I’m disappointed in the Administration’s announcement, these continued short-term extensions have created anxiety and uncertainty not only for these immigrants and their families, but also for their employers and neighbors whose prosperity also depends on them. Congress has an opportunity to change that, and I’m grateful the Administration has called for a permanent solution from Congress.”

This legislation has the support of 12 cosponsors, including eight Democrats and four Republicans.


Of Note: The Trump administration announced that TPS for Haitians who were granted the status following a 2010 earthquake and Salvadorans who received it following a 2001 earthquake will end in 2019.


Media:

Summary by Eric Revell

(Photo Credit: wildpixel / iStock)

AKA

ESPERER Act of 2017

Official Title

To adjust the immigration status of certain foreign nationals in temporary protected status who are in the United States, and for other purposes.

    Please pass this bill to allow person granted TPS a legal option to permeant residency. If they received TPS before Jan 2011 that means they've lived in the USA for at least 7 years. 7 years of contributing to their new communities and building their lives. Let them stay!
    Like (175)
    Follow
    Share
    Follow the process. We have one for a reason.
    Like (45)
    Follow
    Share
    If you have been here since 2011 and have committed no crime while contributing to the economy, you have earned the right for permanent residency.
    Like (95)
    Follow
    Share
    This bill is a workable strategy to identify carefully those immigrants whose presence in this country is a result of seeking asylum and safety under extreme duress, engaging as fully as possible into the communities and values of this nation and contributing effectively towards the good of their cities, state and towards our country as a whole. I would prefer the more permanent status of citizenship, but as this bill is offered by a Republican in this time of woefully absent bipartisanship and basically achieves the aim of fairness and offers respect for the efforts of immigrants to assimilate, I can support it.
    Like (72)
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    Hard working people...Family people...Law Abiding People...Students...Tax Payers...Home Owners...Community Contributors, this is the stuff we are made of. Clear a path. Do the right thing. Yesterday we saw a 39 year old man being desperately hugged by his wife son and daughter as he was to board a plane to a country that has not been his home since he was 9 Years Old. WE are Monsters! #immigrationReformNow #DACAnow
    Like (40)
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    I’m only second generation from numerous shithole countries So is trump Now the USA is considered a shithole because we have a shithead in charge To everyone in the world, we will take our country back in 11 months Holding your nose until then may be mandatory
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    Give me your poor your huddled masses yearning yo be free
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    It is extremely unkind, heartless, to send someone back to home they haven’t been in for 15-20 years, as some of these poor people will be forced to do. This is their home now. Ask them. If they are self-supporting let them have a chance.
    Like (17)
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    NO ONE should be allowed to go to the front of the line! That’s a slap in the face to the immigrants waiting in line obeying the law and those that are now citizens that did it the right way. Pls don’t pass the unfair advantage bill.
    Like (14)
    Follow
    Share
    Congress should do the right thing and protect all Americans and the world against the president. Impeach the Donald.
    Like (14)
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    There needs to be a resolution to the TPS program. You can’t expect to continuously extend TPS, then tell people to leave when they’ve developed a life and have raised a family in the United States. As the husband of a Haitian national who is under the TPS program along with other in laws, I fully support this piece of legislation that would pave the way to permanent residency for those people in the United States that are under the TPS program. The program has been temporary for far too long and needs to be remedied. You can’t expect everyone to just go back to their home country amid all the issues there.
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    I will support this as long as people who don’t apply by 2021 are given the boot and sent to their home country. However I see this similar as the DREAMer act and people won’t apply and then cry foul when they are asked to leave. There needs to be a hard end line that will be met and enforced for this to work. Also there should be an act like this enacted EVERY time TPS status is granted. An end date should be provided and enforced. No one should get immunity for ever.
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    I heard about the lapse of El Salvador citizens due to an incident that happened over 16 years ago!!! I’m sorry no amnesty for any illegal aliens. Even 2011 if you want to come into the country come in lawfully...the right way.
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    The Temporary Protected Status program, as it was designed, which was to TEMPORARY allow people whose home countries are in turmoil, to live and work in the U.S. until the situation in their homeland stabilizes. It shouldn’t last forever, and if those people want to return, they can choose to go through, the immigration process. It’s my opinion that people who entered the USA 🇺🇸 under the program shouldn’t be granted a fast-tracked route to US citizenship. Is there an ulterior motivation behind the TPS program being passed? Are we seeing an attempt of allowing these people to remain, as an attempt in gaining additional opportunities of increasing their voter base? At what expense will allowing these folks, going to cost both State and Federal taxpayers in educational, medical, housing, and other areas. Finally what will the impact be, if any, of “Anchor Babies” and the departure of individuals who’ve entered the USA 🇺🇸 under the TPS Program. Just some interesting facts/questions to consider.
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    This is a no brainer. I also believe that this also apply to Mexico and several other countries from the Middle East. There are good people who wish to be free and if they meet the vetting criteria, by all means allow them to proceed to become American citizens!
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    No brainer. TPS should be able to apply, period. If they want to stay and be part of their community and this country, allow them to do so.
    Like (7)
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    The process should be temporary as its namesake. If they want to become legal citizens they can go through the already existing immigration process.
    Like (7)
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    We must give law abiding productive workers (especially those who are in mid to lower class) the abilities they deserve. Fine them if they are not legally present, but if they are paying taxes, filling the wholes in the job force working jobs that most natural born citizens of the U.S. would refuse to work, paying taxes, helpful to the communities they live in, law abiding, with no connections at all to terrorism, let them stay and contribute to the nation they have already demonstrated their elegance too. They pay taxes so they should be allowed to have a drivers license, vote, own property, and raise a family just as our European predecessors did (that included our grandfathers and great grandfathers).
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    We are all immigrants unless indigenous.
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    Temporary is temporary. If they were on welfare or have committed crimes they’re not eligible for permanent status. If they did not use welfare or commit a crime then there can be placed on the list like anybody else. No moving to the front of the line.
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