Bill Summary
This bill, titled the "Temporary Protected Status (TPS) for Ecuador Act of 2024," aims to designate Ecuador under section 244 of the Immigration and Nationality Act in order to allow nationals of Ecuador to be eligible for temporary protected status in the United States. This designation is in response to the humanitarian crisis in Ecuador caused by increasing violence and instability due to organized crime and drug-trafficking gangs. The bill also includes provisions for a mandatory 18-month designation, with the possibility for renewal, and eligibility requirements for those seeking temporary protected status. It also addresses the issue of travel for those granted temporary protected status. The budgetary effects of the bill will be determined by a statement submitted prior to the vote on passage.
Possible Impacts
1) The Temporary Protected Status (TPS) for Ecuador Act of 2024 could provide relief for up to 300,000 Ecuadorian nationals who have fled their country due to the violent and unstable conditions described in the bill. This could greatly benefit those individuals and their families by allowing them to stay in the United States and work legally for at least 18 months.
2) The bill could also potentially cause controversy and backlash from those who believe the United States should not be responsible for providing temporary protection to citizens of another country. This could lead to debates and protests, affecting both those in support of the bill and those against it.
3) The bill's designation of Ecuador as a country in an "internal armed conflict" could also have implications for diplomatic relations between the United States and Ecuador. This could potentially affect trade agreements, travel restrictions, and other interactions between the two countries.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7371 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7371
To designate Ecuador under section 244 of the Immigration and
Nationality Act to permit nationals of Ecuador to be eligible for
temporary protected status under such section, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 15, 2024
Mr. Espaillat (for himself, Mr. Bowman, Ms. Norton, Mr. Garcia of
Illinois, Mr. McGovern, Ms. Wasserman Schultz, Ms. Meng, Ms. Omar, Ms.
Lee of California, and Ms. Schakowsky) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committee on the Budget, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To designate Ecuador under section 244 of the Immigration and
Nationality Act to permit nationals of Ecuador to be eligible for
temporary protected status under such section, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Temporary Protected Status (TPS) for
Ecuador Act of 2024''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In recent years, the nation of Ecuador, which was once
viewed as one of South America's model nations for security and
political stability, has been gripped by an unprecedented wave
of violence due to the country's infiltration by organized
crime and drug-trafficking gangs.
(2) Between 2017 and 2023, the homicide rate in Ecuador
increased by 800%, rising from five homicides per 100,000
inhabitants in 2017 to 45 homicides per 100,000 inhabitants in
2023, depicting Ecuador's recent and rapid descent into a full-
blown humanitarian crisis and spurring mass migration from the
once-peaceful nation.
(3) Since 2021, the Government of Ecuador has declared
multiple states of emergency due to wave upon wave of gang-
initiated violence that has resulted in brutal homicides,
routine extortion, regular prison riots, and multiple attacks
on civil society.
(4) In August 2023, Ecuador's anti-gang presidential
candidate, Fernando Villavicencio, was assassinated, allegedly
by gang members.
(5) Emboldened in the months that followed Villavicencio's
assassination, Ecuador's criminal gangs were responsible for a
new wave of violent deaths in late 2023 that caused Ecuador's
violent death rate in 2023 to nearly double over 2022's
already-elevated levels.
(6) The month of January 2024 oversaw the worst spate of
gang-instigated violence in Ecuador in recent memory,
highlighted by additional gang-led prison riots and bombs
exploding in several cities.
(7) On January 8, 2024, following the reported escape from
prison of gang leader Jose Adolfo ``Fito'' Macias, Ecuadorian
President Daniel Noba declared a 60-day national state of
emergency which declared the country of Ecuador to be engaged
in an ``internal armed conflict,'' imposed a nationwide curfew
for citizens, and authorized members of the Ecuadorian military
to patrol the streets and arrest suspected gang members.
(8) On January 9, 2024, gang members conducted an armed
assault of a television news broadcast in Guayaquil, Ecuador,
with multiple armed men in masks hijacking a live broadcast,
firing several rounds of ammunition live on air, and injuring
multiple television station employees.
(9) On January 17, 2024, also in Guayaquil, Ecuador, Cesar
Suarez, a criminal prosecutor who was actively investigating
organized crime in Ecuador, was shot dead in his car during his
morning commute.
(10) In recent years and in early 2024, Ecuador's
humanitarian crisis catalyzed the mass migration to the United
States of ordinary Ecuadorian citizens fleeing unspeakable
violence and instability in their home country.
(11) On January 25, 2024, Ecuadorian Foreign Minister
Gabriela Sommerfield actively called on the United States to
grant temporary protected status for Ecuadorian citizens.
(12) Based on recent migration statistics compiled from the
American Community Survey, demographers estimate that as many
as 300,000 Ecuadorians currently residing in the U.S. could
benefit from a designation of temporary protected status,
providing them with life-saving protection from deportation and
allowing them access to work authorization in the United States
to support themselves and their families.
(13) The crisis facing Ecuador amounts to extraordinary and
temporary conditions that prevent Ecuadorian nationals from
safely returning to Ecuador, thus meriting a temporary
protected status designation for no less than 18 months in
duration.
SEC. 3. DESIGNATION FOR PURPOSES OF GRANTING TEMPORARY PROTECTED
STATUS.
(a) Designation.--
(1) In general.--For purposes of section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a), Ecuador shall
be treated as if such country had been designated under
subsection (b)(1)(C) of that section, subject to the provisions
of this section.
(2) Mandatory period of designation.--The initial period of
the designation referred to in paragraph (1) shall be for no
less than the 18-month period beginning on the date of the
enactment of this Act, with subsequent renewals of temporary
protected status thereafter being subject to the discretion of
the Secretary of Homeland Security.
(b) Aliens Eligible.--As a result of the designation made under
subsection (a), an alien who is a national of Ecuador is deemed to
satisfy the requirements under paragraph (1) of section 244(c) of the
Immigration and Nationality Act (8 U.S.C. 1254a(c)), subject to
paragraph (3) of such section, if the alien--
(1) has been continuously physically present in the United
States since the date of the enactment of this Act;
(2) is admissible as an immigrant, except as otherwise
provided in paragraph (2)(A) of such section, and is not
ineligible for temporary protected status under paragraph
(2)(B) of such section; and
(3) registers for temporary protected status in a manner
established by the Secretary of Homeland Security.
(c) Consent To Travel Abroad.--
(1) In general.--The Secretary of Homeland Security shall
give prior consent to travel abroad, in accordance with section
244(f)(3) of the Immigration and Nationality Act (8 U.S.C.
1254a(f)(3)), to an alien who is granted temporary protected
status pursuant to the designation made under subsection (a) if
the alien establishes to the satisfaction of the Secretary of
Homeland Security that emergency and extenuating circumstances
beyond the control of the alien require the alien to depart for
a brief, temporary trip abroad.
(2) Treatment upon return.--An alien returning to the
United States in accordance with an authorization described in
paragraph (1) shall be treated as any other returning alien
provided temporary protected status under section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a).
SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
<all>