Page:United States Statutes at Large Volume 104 Part 6.djvu/645

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PUBLIC LAW 101-649—NOV. 29, 1990 104 STAT. 5035 "(4) DETENTION OF THE AUEN. —An alien provided temporary protected status under this section shall not be detained by the Attorney General on the basis of the alien's immigration status in the United States. " (e) RELATION OF PERIOD OF TEMPORARY PROTECTED STATUS TO SUSPENSION OF DEPORTATION.—With respect to an alien granted temporary protected status under this section, the period of such status shall not be counted as a period of physical presence in the United States for purposes of section 244(a), unless the Attorney General determines that extreme hardship exists. Such period shall not cause a break in the continuity of residence of the period before and after such period for purposes of such section. "(f) BENEFITS AND STATUS DURING PERIOD OF TEMPORARY PRO- TECTED STATUS.—During a period in which an alien is granted temporary protected status under this section— "(1) the alien shall not be considered to be permanently residing in the United States under color of law; "(2) the alien may be deemed ineligible for public assistance by a State (as defined in section 101(a)(36)) or any political subdivision thereof which furnishes such assistance; "(3) the alien may travel abroad with the prior consent of the Attorney General; and "(4) for purposes of adjustment of status under section 245 and change of status under section 248, the alien shall be considered as being in, and maintaining, lawful status as a nonimmigrant. "(g) EXCLUSIVE REMEDY.— Except as otherwise specifically provided, this section shall constitute the exclusive authority of the Attorney General under law to permit aliens who are or may become otherwise deportable or have been paroled into the United States to remain in the United States temporarily because of their particular nationality or region of foreign state of nationality. "(h) LIMITATION ON CONSIDERATION IN THE SENATE OF LEGISLATION ADJUSTING STATUS. — "(1) IN GENERAL.— Except as provided in paragraph (2), it shall not be in order in the Senate to consider any bill, resolution, or amendment that— "(A) provides for adjustment to lawful temporary or permanent resident alien status for any alien receiving temporary protected status under this section, or "(B) has the effect of amending this subsection or limiting the application of this subsection. "(2) SUPERMAJORITY REQUIRED. —Paragraph (1) may be waived or suspended in the Senate only by the affirmative vote of threefifths of the Members duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate duly chosen and sworn shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under paragraph (1). "(3) RULES. —Paragraphs (1) and (2) are enacted— "(A) as an exercise of the rulemaking power of the Senate and as such they are deemed a part of the rules of the Senate, but applicable only with respect to the matters described in paragraph (1) and supersede other rules of the Senate only to the extent that such paragraphs are inconsistent therewith; and