[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1737 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1737

   To amend the Haitian Refugee Immigration Fairness Act of 1998 to 
    benefit individuals who were children when such Act was enacted.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 20, 2005

 Mr. Meek of Florida (for himself, Mr. Towns, Mr. Hastings of Florida, 
 Mr. Jackson of Illinois, Mr. Conyers, Ms. Kilpatrick of Michigan, Mr. 
Serrano, Mr. Owens, Mr. Cummings, Mr. Rush, Mr. Lynch, Mr. Weiner, Mr. 
 Kucinich, Mr. Bishop of Georgia, Mr. Meeks of New York, Ms. Wasserman 
   Schultz, Mr. Engel, Ms. Lee, and Mrs. Christensen) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend the Haitian Refugee Immigration Fairness Act of 1998 to 
    benefit individuals who were children when such Act was enacted.

    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 ``HRIFA Improvement Act of 2005''.

SEC. 2. DETERMINATIONS WITH RESPECT TO CHILDREN UNDER THE HAITIAN AND 
              IMMIGRANT FAIRNESS ACT OF 1998.

    Section 902(d) of the Haitian Refugee Immigration Fairness Act of 
1998 (8 U.S.C. 1255 note) is amended by adding at the end the 
following:
            ``(3) Determinations with respect to children.--
                    ``(A) Use of application filing date.--
                Determinations made under this subsection as to whether 
                an individual is a child of a parent shall be made 
                using the age and status of the individual on the date 
                of the enactment of this section.
                    ``(B) Application submission by parent.--
                Notwithstanding paragraph (1)(C), an application under 
                this subsection filed based on status as a child may be 
                filed for the benefit of such child by a parent or 
                guardian of the child, if the child is physically 
                present in the United States on such filing date.''.

SEC. 3. NEW APPLICATIONS AND MOTIONS TO REOPEN.

    (a) New Applications.--Notwithstanding section 902(a)(1)(A) of the 
Haitian and Immigrant Fairness Act of 1998, an alien who is eligible 
for adjustment of status under such Act, as amended by section 2 of 
this Act, may submit an application for adjustment of status under such 
Act not later than the later of--
            (1) 2 years after the date of the enactment of this Act; 
        and
            (2) 1 year after the date on which final regulations 
        implementing this Act are promulgated.
    (b) Motions to Reopen.--The Secretary of Homeland Security shall 
establish procedures for the reopening and reconsideration of 
applications for adjustment of status under the Haitian Refugee 
Immigration Fairness Act of 1998 that are affected by the amendments 
under section 2 of this Act.
    (c) Relationship of Application to Certain Orders.--Section 
902(a)(3) of the Haitian and Immigrant Fairness Act of 1998 shall apply 
to an alien present in the United States who has been ordered excluded, 
deported, removed, or ordered to depart voluntarily, and who files an 
application under subsection (a), or a motion under subsection (b), in 
the same manner as such section 902(a)(3) applied to aliens filing 
applications for adjustment of status under such Act before April 1, 
2000.
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