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S. 2106: Safe Environment from Countries Under Repression and Emergency Act

This bill, known as the Safe Environment from Countries Under Repression and Emergency Act (SECURE Act), proposes changes to the Immigration and Nationality Act to facilitate a pathway to lawful permanent residency for certain foreign nationals who meet specific criteria. Below are the core components of the bill:

Eligibility for Permanent Residency

Aliens (non-U.S. citizens) may apply for lawful permanent resident status if they meet the following conditions:

They must be nationals of countries designated under temporary protected status or have similar circumstances that justify this request.
They must have continuously lived in the United States for at least three years, unless specific conditions applied, such as being removed from the U.S. after September 28, 2016.
They must pass criminal and national security background checks.

Application Process

The bill allows aliens who are physically present in the United States to apply for adjustment of status while also providing specific provisions for those who have been removed or departed under certain conditions. The application fee is set at a maximum of $1,440, but exemptions may be available for certain vulnerable populations, such as minors or those with no financial means.

Protection from Removal Proceedings

If an alien has a pending application for adjustment of status, the bill dictates that they cannot be removed from the U.S. until a final decision is made on their application. This provision aims to protect individuals who demonstrate the intent to seek lawful residency while their application is evaluated.

Work Authorization

The Secretary of Homeland Security is required to authorize individuals who apply for adjustment of status under this bill to work in the U.S. while their application is still pending.

Family Integration

Spouses and children of individuals who have their status adjusted to lawful permanent residence under this act may also be eligible for similar adjustments, provided they are present in the United States and meet certain eligibility criteria.

Confidentiality of Information

Information provided during the application process cannot be used for immigration enforcement against individuals who secure permanent resident status under this act, thus offering a degree of confidentiality to applicants.

Reporting Requirements

The bill includes mandates for the Secretary of Homeland Security to report to Congress about the conditions of countries currently designated under temporary protected status and any changes to their status. This should provide more transparency regarding the situations these individuals are fleeing.

Administration and Oversight

The bill reinforces the roles and responsibilities of the Secretary of Homeland Security in administering these changes while ensuring that established definitions of the Immigration and Nationality Act apply.