SECURE Act Creates New Green Card Path for Long-Term TPS Holders, Includes Fee Waivers and Privacy Protections

The Safe Environment from Countries Under Repression and Emergency Act, or the SECURE Act, is setting up a major new pathway for certain immigrants who have been in the U.S. long-term to apply for permanent residency. Specifically, it establishes a new Section 245B in the Immigration and Nationality Act, allowing nationals from countries designated for Temporary Protected Status (TPS) or specific Deferred Enforced Departure (DED) to adjust their status to a Green Card, provided they have been continuously present in the U.S. for at least three years and pass background checks.

The Long Road to Stability

This bill directly addresses the limbo faced by people who have lived and worked in the U.S. for years under temporary protections like TPS. If you’re one of the many who has been renewing their temporary status every 18 months, this is the exit ramp you’ve been waiting for. The core requirement is proving you’ve had at least three years of continuous presence here, and you must have previously held or qualified for TPS/DED. Critically, if you were removed or left under voluntary departure after September 28, 2016, you can still apply from outside the U.S. if you met the eligibility criteria before you left.

For those applying, the bill mandates that the Department of Homeland Security (DHS) must grant work authorization and permission to travel abroad (advance parole) while the application is pending. This means applicants can hold stable jobs and visit family without fear of being barred from re-entry. Furthermore, the bill offers a huge relief for those with old paperwork: if your application is approved, any existing removal or voluntary departure order against you is automatically canceled. This essentially wipes the slate clean, removing the need for costly and complex motions to reopen old cases.

Protecting Privacy and Pocketbooks

One of the most significant provisions in the SECURE Act is its robust confidentiality clause (SEC. 3). It strictly prohibits DHS from using the information submitted on your application for general immigration enforcement purposes—meaning the act of applying won’t be used to deport you. This wall of separation is designed to encourage eligible people to come forward without fear. The only exceptions for sharing information are for national security, fraud detection, determining eligibility, or investigating/prosecuting a serious felony that is unrelated to immigration status. Someone who violates this confidentiality rule faces a fine up to $10,000.

In terms of cost, DHS can charge a fee up to $1,440 to cover processing. However, the bill creates crucial fee waivers. If you are under 18 or if your income is less than 150 percent of the Federal poverty line, you are exempt from paying the fee entirely. Waivers are also available for those in foster care or unable to care for themselves due to chronic disability. This ensures that the path to permanent residency isn't blocked by financial barriers for the most vulnerable applicants.

The Fine Print on Family and Future TPS Decisions

The new law also extends benefits to family members. If you successfully adjust your status, your spouse, domestic partner, and children can also apply for permanent residency, provided they are physically present in the U.S. when they file. This keeps families together and provides stability for the next generation.

Finally, the SECURE Act adds new reporting requirements for DHS whenever the agency decides to end a country’s TPS designation (SEC. 4). If TPS is terminated, DHS must provide a detailed report to Congress within three days. This report needs to include specific metrics like the home country’s GDP, its economic independence, and a full analysis of the social and economic effect of repatriating its citizens. This adds a layer of transparency and analysis to TPS decisions, making it harder to end designations without a clear, fact-based rationale.