; or (II) who have previously been ordered removed from the United States. (iii) Consultation (I) In general Not later than 30 days after submitting a recommendation described in clause (i) to Congress, the Secretary of Homeland Security shall provide a briefing to the appropriate congressional committees. (II) Consultation described Each consultation required under subclause (I) shall involve an in-person appearance by a designated cabinet-level representative of the President with members of the appropriate congressional committees to review the justification extending a designation under this subparagraph, including a discussion of the elements described in clause (ii). (D) Prohibition against new designations (i) In general Subject to clauses (ii) and (iii), the Secretary of Homeland Security may not designate a foreign state (or part of a foreign state) for which a designation has terminated pursuant to subparagraph (B)(i) during the 18-month period beginning on the date of such termination. (ii) Applicability Clause (i) shall not apply to a designation that is expressly authorized by an Act of Congress. (iii) Same or similar designation The Secretary of Homeland Security may not redesignate a foreign state (or part of a foreign state) for which a designation has terminated pursuant to subparagraph (B)(i) based on the same or a similar criteria, event, or justification. (E) Clarification regarding eligibility for temporary protected status (i) Treatment of prior status Any alien who has been admitted and held valid nonimmigrant status shall not be considered eligible for temporary protected status under this subsection unless such status is terminated not later than 180 days before the termination of a designation or an extension of a designation of temporary protected status. (ii) Treatment of criminal convictions Any alien who has been convicted of 2 or more misdemeanors or 1 or more felonies is not eligible for temporary protected status under this section. (iii) Unlawful entry or visa overstay