[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2258 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2258

To adjust the immigration status of certain Liberian nationals who were 
                 provided refuge in the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 2009

Mr. Kennedy (for himself, Mr. Ellison, and Mr. McMahon) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To adjust the immigration status of certain Liberian nationals who were 
                 provided refuge in the United States.

    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 ``Liberian Refugee Immigration 
Protection Act of 2009''.

SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN LIBERIAN NATIONALS.

    (a) Adjustment of Status.--
            (1) In general.--Notwithstanding section 245(c) of the 
        Immigration and Nationality Act, the status of any alien 
        described in subsection (b) shall be adjusted by the Secretary 
        of Homeland Security to that of an alien lawfully admitted for 
        permanent residence, if the alien--
                    (A) applies for such adjustment before April 1, 
                2011; and
                    (B) is otherwise eligible to receive an immigrant 
                visa and is otherwise admissible to the United States 
                for permanent residence, except in determining such 
                admissibility the grounds for inadmissibility specified 
                in paragraphs (4), (5), (6)(A), and (7)(A) of section 
                212(a) of the Immigration and Nationality Act shall not 
                apply.
            (2) Relationship of application to certain orders.--An 
        alien present in the United States who has been ordered 
        excluded, deported, removed, or ordered to depart voluntarily 
        from the United States under any provision of the Immigration 
        and Nationality Act may, notwithstanding such order, apply for 
        adjustment of status under paragraph (1). Such an alien may not 
        be required, as a condition on submitting or granting such 
        application, to file a motion to reopen, reconsider, or vacate 
        such order. If the Secretary of Homeland Security grants the 
        application, the Secretary of Homeland Security shall cancel 
        the order. If the Secretary of Homeland Security renders a 
        final administrative decision to deny the application, the 
        order shall be effective and enforceable to the same extent as 
        if the application had not been made.
    (b) Aliens Eligible for Adjustment of Status.--The benefits 
provided by subsection (a) shall apply to any alien who--
            (1) is a national of Liberia; and
            (2)(A) who was granted temporary protected status on or 
        after March 27, 1991; or
            (B) was eligible to apply for temporary protected status on 
        or after March 27, 1991.
    (c) Stay of Removal.--
            (1) In general.--The Secretary of Homeland Security shall 
        provide by regulation for an alien subject to a final order of 
        deportation or removal or exclusion to seek a stay of such 
        order based on the filing of an application under subsection 
        (a).
            (2) During certain proceedings.--Notwithstanding any 
        provision of the Immigration and Nationality Act, the Secretary 
        of Homeland Security shall not order any alien to be removed 
        from the United States, if the alien is in exclusion, 
        deportation, or removal proceedings under any provision of such 
        Act and raises as a defense to such an order the eligibility of 
        the alien to apply for adjustment of status under subsection 
        (a), except where the Secretary of Homeland Security has 
        rendered a final administrative determination to deny the 
        application.
            (3) Work authorization.--The Secretary of Homeland Security 
        may authorize an alien who has applied for adjustment of status 
        under subsection (a) to engage in employment in the United 
        States during the pendency of such application and may provide 
        the alien with an ``employment authorized'' endorsement or 
        other appropriate document signifying authorization of 
        employment, except that if such application is pending for a 
        period exceeding 180 days, and has not been denied, the 
        Secretary of Homeland Security shall authorize such employment.
    (d) Adjustment of Status for Spouses and Children.--
            (1) In general.--Notwithstanding section 245(c) of the 
        Immigration and Nationality Act, the status of an alien shall 
        be adjusted by the Secretary of Homeland Security to that of an 
        alien lawfully admitted for permanent residence, if--
                    (A) the alien is a national of Liberia;
                    (B) the alien is the spouse, child, or unmarried 
                son or daughter, of an alien whose status is adjusted 
                to that of an alien lawfully admitted for permanent 
                residence under subsection (a), except that in the case 
                of such an unmarried son or daughter, the son or 
                daughter shall be required to establish that they have 
                been physically present in the United States for at 
                least 1 year and is physically present in the United 
                States on the date the application for such adjustment 
                is filed;
                    (C) the alien applies for such adjustment and is 
                physically present in the United States on the date the 
                application is filed; and
                    (D) the alien is otherwise eligible to receive an 
                immigration visa and is otherwise admissible to the 
                United States for permanent residence, except in 
                determining such admissibility the grounds for 
                exclusion specified in paragraphs (4), (5), (6)(A), and 
                (7)(A) of section 212(a) of the Immigration and 
                Nationality Act shall not apply.
            (2) Proof of continuous presence.--For purposes of 
        establishing the period of continuous physical presence 
        referred to in paragraph (1)(B), an alien shall not be 
        considered to have failed to maintain continuous physical 
        presence by reason of an absence, or absences, from the United 
        States for any periods in aggregate not exceeding 180 days.
    (e) Availability of Administrative Review.--The Secretary of 
Homeland Security shall provide to applicants for adjustment of status 
under subsection (a) the same right to, and procedures for, 
administrative review as are provided to--
            (1) applicants for adjustment of status under section 245 
        of the Immigration and Nationality Act; or
            (2) aliens subject to removal proceedings under section 240 
        of such Act.
    (f) Limitation on Judicial Review.--A determination by the 
Secretary of Homeland Security as to whether the status of any alien 
should be adjusted under this section is final and shall not be subject 
to review by any court.
    (g) No Offset in Number of Visas Available.--When an alien is 
granted the status of having been lawfully admitted for permanent 
residence pursuant to this section, the Secretary of State shall not be 
required to reduce the number of immigrant visas authorized to be 
issued under any provision of the Immigration and Nationality Act.
    (h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions 
contained in the Immigration and Nationality Act shall apply in the 
administration of this section. Nothing contained in this Act shall be 
held to repeal, amend, alter, modify, effect, or restrict the powers, 
duties, functions, or authority of the Secretary of Homeland Security 
in the administration and enforcement of such Act or any other law 
relating to immigration, nationality, or naturalization. The fact that 
an alien may be eligible to be granted the status of having been 
lawfully admitted for permanent residence under this section shall not 
preclude the alien from seeking such status under any other provision 
of law for which the alien may be eligible.
                                 <all>