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.