SECURE Act

Bill Number

S. 2106

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Immigration

Status

Introduced

Latest Action

2025-06-18: Read twice and referred to the Committee on the Judiciary.

Last Updated

2026-06-03T19:08:10Z

AI-Generated Summary

Purpose

The SECURE Act (S. 2106) aims to create a streamlined process for certain immigrants from countries facing repression, emergencies, or other crises—specifically those designated for Temporary Protected Status (TPS, a temporary relief program for nationals of countries unable to safely repatriate their citizens due to conditions like armed conflict, natural disasters, or extraordinary circumstances)—to apply for lawful permanent resident status (often called a "green card"). It seeks to provide a path to permanent residency for eligible individuals already in the U.S. or recently removed, while protecting them from deportation during the process.

Key Provisions

• Eligibility for Adjustment of Status (New Section 245B of the Immigration and Nationality Act):
• Applies to nationals of countries ever designated for TPS under section 244(b) of the INA.
• Individuals must: (1) hold TPS, have previously held it, qualify for it, or have been granted deferred enforced departure (a similar temporary protection) after September 28, 2016; (2) have been continuously present in the U.S. for at least 3 years (with allowances for short absences up to 180 days total, and waivers for extreme hardship); (3) pass criminal and national security background checks; and (4) not be inadmissible or deportable on grounds like certain crimes, security threats, or terrorism-related activities.
• Expunged (erased or set aside) convictions with rehabilitative outcomes do not count against eligibility.
• Applications can be filed from inside the U.S. if physically present, or from outside if removed or voluntarily departed after September 28, 2016, provided they met criteria before leaving.
• Fee: Up to $1,440, but exemptions for minors under 18, low-income applicants (below 150% of the federal poverty line), those in foster care without family support, or individuals with serious chronic disabilities.

• Protections During Application:
• No need to file motions to reopen, reconsider, or vacate prior removal or voluntary departure orders.
• Approval cancels any such orders; denial reinstates them.
• Stay of removal (halting deportation) for applicants with pending applications or those who indicate intent to apply and appear eligible at first glance.
• Work authorization granted while applications are pending, including an employment document.
• Eligibility for advance parole (permission to travel abroad and return without losing application status), exempting applicants from certain re-entry bars.

• Family Adjustments:
• Spouses, domestic partners, children, and unmarried adult children of approved principal applicants can also adjust status if physically present in the U.S. and otherwise eligible for an immigrant visa.
• Unmarried adult children need at least 1 year of continuous U.S. presence (with short absence allowances).
• Waivers for certain inadmissibility grounds, such as lack of proper documentation, prior unlawful presence, or certain immigration violations.

• Procedural Safeguards:
• Same administrative review rights as other adjustment applicants or those in removal proceedings.
• No numerical caps on green cards under this program (bypassing annual visa limits in sections 201 and 202 of the INA).
• Clarifies that TPS holders are considered "inspected and admitted" for adjustment purposes.
• Confidentiality: Application information cannot be used for immigration enforcement, and approved individuals cannot be referred to enforcement agencies like ICE or CBP, except for fraud prevention, national security, or non-immigration felonies. Violations carry fines up to $10,000.

• TPS Designation Changes:
• Requires the Secretary of Homeland Security to consider State Department input 90 days before TPS ends.
• Mandates a detailed report to Congress within 3 days of terminating a TPS designation, covering the original reasons, progress made, the country's repatriation capacity (e.g., financial stability, GDP, political conditions), and impacts of mass returns.

• Other:
• Does not limit eligibility for other immigration benefits.
• Preserves DHS's overall immigration enforcement authority.

Significant Changes to Existing Law

• Introduces a new section (245B) to the INA, creating a dedicated adjustment pathway for TPS-eligible individuals, bypassing typical bars like unlawful entry or prior removals—unlike current law, which often requires leaving the U.S. and facing re-entry bans.
• Amends TPS provisions (section 244) to treat holders as "inspected and admitted," easing their path to other benefits, and adds reporting requirements for terminations to increase transparency and congressional oversight.
• Expands stay-of-removal protections and family waivers, reducing procedural hurdles not present in standard adjustment processes.
• Shifts some references from "Attorney General" to "Secretary of Homeland Security," reflecting modern agency roles.

Potential Impacts

• On Government Agencies: Increases workload for DHS (particularly USCIS) in processing applications, background checks, and reports, potentially requiring more resources. Enhances congressional oversight of TPS decisions, which could slow or complicate terminations.
• On Citizens and Immigrants: Provides stability and work/travel rights to an estimated hundreds of thousands of TPS holders (from countries like Haiti, Venezuela, and others), allowing integration into society without fear of sudden deportation. Families benefit from derivative adjustments, reducing family separations. Low-income and vulnerable applicants gain fee waivers.
• On International Relations: Requires analysis of TPS countries' readiness for repatriation, which could strain U.S. ties if terminations proceed despite shortcomings. May encourage designated countries to improve conditions to end TPS, or signal U.S. commitment to humanitarian protections, affecting foreign aid or diplomatic discussions.

Main Stakeholders Affected

• TPS Holders and Families: Primary beneficiaries, including nationals from currently or previously TPS-designated countries (e.g., El Salvador, Honduras, Nepal, Sudan, Ukraine, Yemen), especially long-term residents facing uncertain futures.
• DHS and Enforcement Agencies: USCIS handles applications and authorizations; ICE and CBP are restricted from using data for enforcement, potentially shifting focus to other priorities.
• Congress: Judiciary Committees receive mandatory reports, gaining influence over TPS policy.
• Advocacy Groups and Legal Aid: Nonprofits aiding immigrants may see increased demand for application support.
• U.S. Employers and Communities: Gain from work-authorized immigrants contributing to the economy without deportation risks.
• TPS-Designated Countries: Governments face scrutiny on repatriation capacity, which could impact bilateral relations and aid.

Notable Legal, Constitutional, or Political Implications

• Legal: Broadens humanitarian relief by waiving key inadmissibility grounds (e.g., unlawful presence), potentially challenging strict enforcement under current INA interpretations. Ensures due process through administrative reviews and stays of removal, aligning with judicial precedents on fair hearings. Confidentiality provisions protect against misuse of data, similar to DACA safeguards, but with penalties to enforce compliance.
• Constitutional: Supports equal protection by offering a uniform pathway for vulnerable groups, avoiding arbitrary deportations. Advance parole and work rights uphold liberty interests for those with pending applications, consistent with Supreme Court rulings on procedural fairness in immigration.
• Political: Introduced by a bipartisan group but led by Democrats, it reflects ongoing debates on immigration reform, emphasizing humanitarian pathways over border security. Could face opposition as an amnesty-like measure, influencing midterm elections or future comprehensive reform bills. By mandating repatriation analyses, it promotes evidence-based policy, potentially reducing politicization of TPS extensions.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Van Hollen, Chris [D-MD]

Cosponsors (35)

Sen. Alsobrooks, Angela D. [D-MD], Sen. Baldwin, Tammy [D-WI], Sen. Bennet, Michael F. [D-CO], Sen. Blumenthal, Richard [D-CT], Sen. Booker, Cory A. [D-NJ], Sen. Coons, Christopher A. [D-DE], Sen. Cortez Masto, Catherine [D-NV], Sen. Duckworth, Tammy [D-IL], Sen. Durbin, Richard J. [D-IL], Sen. Heinrich, Martin [D-NM], Sen. Hickenlooper, John W. [D-CO], Sen. Hirono, Mazie K. [D-HI], Sen. Kaine, Tim [D-VA], Sen. Kim, Andy [D-NJ], Sen. Klobuchar, Amy [D-MN], Sen. Markey, Edward J. [D-MA], Sen. Murray, Patty [D-WA], Sen. Padilla, Alex [D-CA], Sen. Reed, Jack [D-RI], Sen. Rosen, Jacky [D-NV], Sen. Sanders, Bernard [I-VT], Sen. Schatz, Brian [D-HI], Sen. Schiff, Adam B. [D-CA], Sen. Smith, Tina [D-MN], Sen. Warner, Mark R. [D-VA], Sen. Warnock, Raphael G. [D-GA], Sen. Warren, Elizabeth [D-MA], Sen. Whitehouse, Sheldon [D-RI], Sen. Wyden, Ron [D-OR], Sen. Luján, Ben Ray [D-NM], Sen. Welch, Peter [D-VT], Sen. Merkley, Jeff [D-OR], Sen. Murphy, Christopher [D-CT], Sen. Schumer, Charles E. [D-NY], Sen. Blunt Rochester, Lisa [D-DE]

Recent Actions

• 2025-06-18: Read twice and referred to the Committee on the Judiciary.
• 2025-06-18: Introduced in Senate

Bill Versions

• Safe Environment from Countries Under Repression and Emergency Act — issued 2025-06-18 — PDF (17 pages)