SECURE Act
- Sponsor
- Sen. Van Hollen, Chris [D-MD]
- Committees
- Judiciary Committee (primary)
- Last action
- Jun 18, 2025
Bottom line
The SECURE Act aims to provide a path to permanent residency for long-term residents who have held temporary protected status or deferred enforced departure, while also enhancing transparency in future TPS designation decisions.
What it actually does
The SECURE Act establishes a new pathway for certain foreign nationals, primarily those who have held Temporary Protected Status (TPS) or Deferred Enforced Departure (DED), to adjust their status to lawful permanent residency. It outlines specific eligibility criteria, including continuous presence in the U.S. and passing background checks, and provides for confidentiality protections for applicants. Additionally, the bill mandates enhanced reporting requirements for the Department of Homeland Security when terminating a country's TPS designation, requiring detailed analyses of conditions and repatriation capabilities.
Proponents argue
Supporters argue that this bill provides much-needed stability and certainty for hundreds of thousands of individuals who have lived and contributed to the U.S. for many years, often unable to return safely to their home countries due to ongoing crises. They contend it is a humanitarian and practical solution that recognizes the established ties and economic contributions of these residents, allowing them to fully integrate into American society.
Opponents contend
Critics contend that the bill creates a new form of amnesty that bypasses existing immigration laws and could incentivize further unauthorized immigration. They argue that such measures undermine the rule of law and the integrity of the immigration system, potentially straining resources and encouraging individuals to remain in the U.S. without legal status in anticipation of future relief programs.
The bill is moderately complex due to its technical immigration language and cross-references, requiring careful reading to understand its full implications, which may exceed the time typically allotted for quick legislative review.
Section 2, new INA Sec. 245B(a)
Adjustment of Status for Certain Foreign Nationals
This provision establishes a new process allowing eligible foreign nationals to apply for lawful permanent resident (LPR) status. To qualify, individuals must not be inadmissible under specific security or criminal grounds, not deportable under certain categories, and not have committed particularly serious crimes. The bill also clarifies that expunged or set-aside convictions resulting in rehabilitative dispositions are not considered 'convictions' for this purpose.
Supporters argue
Supporters argue this provision offers a crucial pathway to stability for individuals who have lived and contributed to the U.S. for many years, often due to conditions in their home countries that prevent safe return. It provides a legal mechanism for them to fully integrate.
Critics contend
Critics may argue this creates a new amnesty program that bypasses established immigration channels and could incentivize further unauthorized immigration, undermining existing legal frameworks.
Tradeoffs
Balances humanitarian concerns for long-term residents with concerns about immigration enforcement and the rule of law, particularly regarding the scope of eligibility and the treatment of past legal issues.
Section 2, new INA Sec. 245B(b)
Eligibility Criteria for Adjustment of Status
This section defines who is eligible for the new LPR pathway. An alien must be a national of a country that was at any time designated for Temporary Protected Status (TPS), and either currently hold TPS, previously held TPS, qualified for TPS on the last designation date, or were present under Deferred Enforced Departure (DED) after September 28, 2016. Additionally, applicants must have been continuously present in the U.S. for at least 3 years (allowing for short absences) and pass all criminal and national security background checks. Special provisions apply for those removed or who departed after September 28, 2016.
Section 2, new INA Sec. 245B(a)(2)(C)-(D)
Application Fees, Exemptions, and Handling of Removal Orders
This provision outlines the financial and procedural aspects of applying for LPR status. It mandates a reasonable application fee, not to exceed $1,440, but also provides exemptions for vulnerable applicants, including minors, low-income individuals, those in foster care, or those with serious disabilities. Crucially, it states that applicants with prior removal or voluntary departure orders are not required to file a motion to reopen such orders; approval of the LPR application automatically cancels these orders, while denial makes them effective again.
Section 2, new INA Sec. 245B(c)
Stay of Removal and Work Authorization for Applicants
This provision offers significant protections for individuals applying for LPR status under the SECURE Act. It stipulates that an alien with a pending application, or one who is prima facie eligible and intends to apply, cannot be removed from the United States. Furthermore, the Department of Homeland Security (DHS) is mandated to authorize employment for these applicants while their LPR application is being processed, providing them with legal work authorization.
Section 2, new INA Sec. 245B(e)
Adjustment of Status for Spouses and Children
This provision extends eligibility for lawful permanent resident (LPR) status to immediate family members of individuals whose status has been adjusted under the SECURE Act. Specifically, spouses, domestic partners, children, and unmarried sons or daughters of the principal applicant are eligible. Unmarried sons or daughters must demonstrate at least one year of continuous physical presence in the U.S. Additionally, certain grounds for inadmissibility (related to public charge, labor certification, documentation, and prior immigration violations) are waived for these family members.
Section 2, new INA Sec. 245B(g)
Exemption from Numerical Immigration Limitations
This provision ensures that the new pathway to lawful permanent resident (LPR) status created by the SECURE Act is not constrained by existing annual immigration quotas. It explicitly states that the numerical limitations set forth in sections 201 and 202 of the Immigration and Nationality Act (which govern worldwide and per-country limits on immigrant visas) shall not apply to aliens whose status is adjusted under this new section. This means that all eligible individuals can adjust their status without being subject to visa backlogs or caps.
Section 2(b), amending INA Sec. 244(f)(4)
Clarification of 'Inspected and Admitted' for TPS Holders
This provision amends the existing Immigration and Nationality Act to explicitly state that an alien granted Temporary Protected Status (TPS) shall be considered 'as having been inspected and admitted into the United States' for immigration purposes. This clarification addresses a long-standing legal ambiguity that has prevented some TPS holders from adjusting their status to lawful permanent residency through other existing immigration pathways, such as family-based petitions, even if they otherwise qualified.
Section 4, amending INA Sec. 244(b)(3)
Additional Reporting Requirements for TPS Terminations
This provision significantly enhances the reporting requirements for the Department of Homeland Security (DHS) when it decides to terminate a country's Temporary Protected Status (TPS) designation. Within three days of publishing a termination decision, the Secretary must submit a detailed report to Congress. This report must include an explanation of the initial designation, the country's progress in remedying conditions, any requests from the country regarding its TPS status, and a comprehensive analysis of the country's ability to repatriate its nationals, including financial capacity, political stability, economic indicators (GDP), and the social impact of repatriation.
Prohibits the Department of Homeland Security (DHS) from disclosing or using information provided in LPR applications for immigration enforcement purposes, with limited exceptions for application processing, fraud prevention, national security, or felony investigations unrelated to immigration status. It also prohibits referrals to U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP) for individuals granted LPR status under this Act. A penalty of up to $10,000 is imposed for knowing violations.
Section 3
Why it matters:It is standard legislative practice to include confidentiality clauses in separate sections to ensure they apply broadly to the new program rather than being embedded within specific eligibility criteria.
Case for: Supporters argue this provision is crucial to encourage eligible individuals to apply without fear of deportation, fostering trust in the process and ensuring that sensitive personal information is protected from misuse. This builds confidence in the program's integrity.
Case against: Critics might argue that limiting information sharing could hinder broader immigration enforcement efforts or make it harder to identify individuals who might pose a risk but whose offenses are not felonies, potentially creating a 'safe harbor' for some individuals.
Estimated impact: This provision has a significant impact on applicant trust and data security, potentially influencing the willingness of eligible individuals to come forward and apply for status.
For the purposes of determining inadmissibility or deportability under this section, the term 'conviction' does not include a judgment that has been expunged or set aside that resulted in a rehabilitative disposition or the equivalent. This means certain past minor criminal offenses that have been legally cleared will not disqualify an applicant.
Section 2, new INA Sec. 245B(a)(1)(B)
Why it matters:It is standard legislative drafting to include specific definitions or clarifications within the relevant section where the term is first used or most critical, rather than in a separate, easily skippable definitions section.
Case for: Proponents argue this allows individuals who have demonstrated rehabilitation and whose minor offenses have been legally expunged to be eligible for permanent residency, aligning with principles of second chances and successful reintegration into society.
Case against: Opponents might argue that any conviction, even if expunged or set aside, should be considered for immigration purposes when granting permanent residency, as it reflects on an individual's past conduct and adherence to laws.
Estimated impact: This provision affects a subset of potential applicants who have minor past legal issues that have been expunged, potentially expanding eligibility for LPR status for these individuals.