[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9494 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9494
To provide for adjustment of status for certain nationals of Haiti, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 25, 2026
Ms. Wilson of Florida (for herself, Mr. Bell, Ms. Brown, Mr. Carson,
Ms. Clarke of New York, Mr. Davis of Illinois, Mr. Figures, Mr. Frost,
Mr. Jackson of Illinois, Ms. Moore of Wisconsin, Ms. Wasserman Schultz,
and Ms. Waters) introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for adjustment of status for certain nationals of Haiti, and
for other purposes.
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 ``Haitian Refugee Immigration Fairness
Act of 2026''.
SEC. 2. HAITIAN REFUGEE IMMIGRATION FAIRNESS.
(a) Definitions.--In this section:
(1) In general.--Except as otherwise specifically provided,
any term used in this Act that is used in the immigration laws
shall have the meaning given the term in the immigration laws.
(2) Attorney general.--The term ``Attorney General''
includes the Executive Office for Immigration Review and an
immigration judge exercising jurisdiction under section 240 of
the Immigration and Nationality Act (8 U.S.C. 1229a).
(3) Immigration laws.--The term ``immigration laws'' has
the meaning given the term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(b) Adjustment of Status.--
(1) In general.--Except as provided in paragraph (3), the
Secretary shall adjust the status of an alien described in
subsection (c) to that of an alien lawfully admitted for
permanent residence if the alien--
(A) applies for adjustment not later than 3 years
after the date of the enactment of this Act; and
(B) subject to paragraph (2), is admissible to the
United States for permanent residence.
(2) Applicability of grounds of inadmissibility.--In
determining the admissibility of an alien under paragraph
(1)(B), the grounds of inadmissibility specified in paragraphs
(4), (5), (6)(A), (7)(A), and (9) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not
apply.
(3) Exceptions.--An alien shall not be eligible for
adjustment of status under this subsection if the Secretary
determines that the alien--
(A) has been convicted of any aggravated felony;
(B) has been convicted of two or more crimes
involving moral turpitude (other than a purely
political offense); or
(C) has ordered, incited, assisted, or otherwise
participated in the persecution of any person on
account of race, religion, nationality, membership in a
particular social group, or political opinion.
(4) Relationship of application to certain orders.--
(A) In general.--An alien present in the United
States who has been subject to an order of exclusion,
deportation, removal, or voluntary departure under any
provision of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) may, notwithstanding such order,
submit an application for adjustment of status under
this subsection if the alien is otherwise eligible for
adjustment of status under paragraph (1).
(B) Separate motion not required.--An alien
described in subparagraph (A) shall not be required, as
a condition of submitting or granting an application
under this subsection, to file a separate motion to
reopen, reconsider, or vacate an order described in
subparagraph (A).
(C) Effect of decision by secretary.--
(i) Grant.--If the Secretary adjusts the
status of an alien pursuant to an application
under this subsection, the Secretary shall
cancel any order described in subparagraph (A)
to which the alien has been subject.
(ii) Denial.--If the Secretary makes a
final decision to deny such application, any
such order shall be effective and enforceable
to the same extent that such order would be
effective and enforceable if the application
had not been made.
(c) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefits provided under subsection (b)
shall apply to any alien who--
(A)(i) is a national of Haiti; and
(ii) has been continuously present in the United
States during the period beginning on June 26, 2024,
and ending on the date on which the alien submits an
application under subsection (b); or
(B) is the spouse, child, or unmarried son or
daughter of an alien described in subparagraph (A).
(2) Determination of continuous physical presence.--For
purposes of establishing the period of continuous physical
presence referred to in subparagraph (B), an alien shall not be
considered to have failed to maintain continuous physical
presence as a result of--
(A) one or more absences from the United States for
one or more periods of time amounting, in the
aggregate, to not more than 180 days;
(B) travel authorized by the Secretary, including
travel pursuant to advance parole; or
(C) a departure, removal, or voluntary departure
occurring on or after February 3, 2026, or on or after
the effective date of any termination of temporary
protected status for Haiti under section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a),
whichever is earlier, and before the date of enactment
of this Act, if the alien otherwise satisfied the
requirements of this subsection prior to such departure
or removal.
(d) Stay of Removal.--
(1) In general.--The Secretary shall promulgate regulations
establishing procedures by which an alien who is subject to a
final order of deportation, removal, or exclusion, may seek a
stay of such order based on the filing of an application under
subsection (b).
(2) During certain proceedings.--
(A) In general.--Except as provided in subparagraph
(B), notwithstanding any provision of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.), the
Secretary or the Attorney General, as applicable, may
not order an alien to be removed from the United States
if the alien--
(i) is in exclusion, deportation, or
removal proceedings under any provision of such
Act; and
(ii) has submitted an application for
adjustment of status under subsection (b).
(B) Exception.--The Secretary or the Attorney
General, as applicable, may order an alien described in
subparagraph (A) to be removed from the United States
if the Secretary has made a final determination to deny
the application for adjustment of status under
subsection (b) of the alien.
(3) Work authorization.--
(A) In general.--The Secretary may authorize an
alien who has applied for adjustment of status under
subsection (b) to engage in employment in the United
States during the period in which a determination on
such application is pending.
(B) Pending applications.--If an application for
adjustment of status under subsection (b) is pending
for a period exceeding 180 days and has not been
denied, the Secretary shall authorize employment for
the applicable alien.
(e) Record of Permanent Residence.--On the approval of an
application for adjustment of status under subsection (b) of an alien,
the Secretary shall establish a record of admission for permanent
residence for the alien as of the date of the arrival of the alien in
the United States.
(f) Availability of Administrative Review.--The Secretary shall
provide applicants for adjustment of status under subsection (b) with
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 (8 U.S.C. 1255); and
(2) aliens subject to removal proceedings under section 240
of such Act (8 U.S.C. 1229a).
(g) Judicial Review.--
(1) In general.--Judicial review of a final order of
removal under this section shall be governed by section 242 of
the Immigration and Nationality Act (8 U.S.C. 1252).
(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to preclude the review of a constitutional claim
or a question of law under section 242(a)(2)(D) of the
Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(D)).
(h) No Offset in Number of Visas Available.--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 (8 U.S.C. 1101 et seq.) to offset the adjustment of
status of an alien who has been lawfully admitted for permanent
residence pursuant to this section.
(i) Application of Immigration and Nationality Act Provisions.--
(1) Savings provision.--Nothing in this Act may be
construed to repeal, amend, alter, modify, effect, or restrict
the powers, duties, function, or authority of the Secretary in
the administration and enforcement of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) or any other law
relating to immigration, nationality, or naturalization.
(2) Effect of eligibility for adjustment of status.--The
eligibility of an alien to be lawfully admitted for permanent
residence under this section shall not preclude the alien from
seeking any status under any other provision of law for which
the alien may otherwise be eligible.
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