[Congressional Record Volume 155, Number 48 (Thursday, March 19, 2009)]
[Senate]
[Pages S3566-S3567]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REED (for himself, Mr. Whitehouse, Mr. Kerry, Ms. 
        Mikulski, Ms. Klobuchar, and Mr. Kennedy):
  S. 656. A bill to provide for the adjustment of status of certain 
nationals of Liberia to that of lawful permanent residents; to the 
Committee on the Judiciary.
  Mr. REED. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                 S. 656

       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 
     Fairness Act of 2009''.

     SEC. 2. ADJUSTMENT OF STATUS.

       (a) Adjustment of Status.--
       (1) In general.--
       (A) Eligibility.--Except as provided under subparagraph 
     (B), the Secretary of Homeland Security shall adjust the 
     status of an alien described in subsection (b) to that of an 
     alien lawfully admitted for permanent residence, if the 
     alien--
       (i) applies for adjustment before April 1, 2011; and
       (ii) is otherwise eligible to receive an immigrant visa and 
     admissible to the United States for permanent residence, 
     except that, 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 (8 U.S.C. 1182(a)) shall not apply.
       (B) Ineligible aliens.--An alien shall not be eligible for 
     adjustment of status under this section if the Secretary of 
     Homeland Security determines that the alien has been 
     convicted of--
       (i) any aggravated felony (as defined in section 101(a)(43) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(43)); or
       (ii) 2 or more crimes involving moral turpitude.
       (2) 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, or 
     removal, or has been 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) if otherwise 
     qualified under such paragraph.
       (B) Separate motion not required.--An alien described in 
     subparagraph (A) may not be required, as a condition of 
     submitting or granting such application, to file a separate 
     motion to reopen, reconsider, or vacate the order described 
     in subparagraph (A).
       (C) Effect of decision by secretary.--If the Secretary of 
     Homeland Security grants an application under paragraph (1), 
     the Secretary shall cancel the order described in 
     subparagraph (A). If the Secretary of Homeland Security makes 
     a final 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.--
       (1) In general.--The benefits provided under subsection (a) 
     shall apply to any alien--
       (A) who is--
       (i) a national of Liberia; and
       (ii) has been continuously present in the United States 
     from January 1, 2009, through the date of application under 
     subsection (a); or
       (B) who 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 paragraph (1), an alien shall not be 
     considered to have failed to maintain continuous physical 
     presence by reasons of an absence, or absences, from the 
     United States for any period or periods amounting in the 
     aggregate to not more than 180 days.
       (c) Stay of Removal.--
       (1) In general.--The Secretary of Homeland Security shall 
     provide by regulation for an alien who is 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 in the Immigration and Nationality Act, the 
     Secretary of Homeland Security shall not order an 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 has applied for adjustment of status under 
     subsection (a), except where the Secretary of Homeland 
     Security has made a final determination to deny the 
     application.
       (3) Work authorization.--
       (A) In general.--The Secretary of Homeland Security may--
       (i) 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
       (ii) provide the alien with an ``employment authorized'' 
     endorsement or other appropriate document signifying 
     authorization of employment.

[[Page S3567]]

       (B) Pending applications.--If an application for adjustment 
     of status under subsection (a) is pending for a period 
     exceeding 180 days and has not been denied, the Secretary of 
     Homeland Security shall authorize such employment.
       (d) Record of Permanent Residence.--Upon the approval of an 
     alien's application for adjustment of status under subsection 
     (a), the Secretary of Homeland Security shall establish a 
     record of the alien's admission for permanent record as of 
     the date of the alien's arrival in the United States.
       (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 (8 U.S.C. 1255); and
       (2) aliens subject to removal proceedings under section 240 
     of such Act (8 U.S.C. 1229a).
       (f) Limitation on Judicial Review.--A determination by the 
     Secretary of Homeland Security regarding the adjustment of 
     status of any alien under this section is final and shall not 
     be subject to review by any court.
       (g) No Offset in Number of Visas Available.--If 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 (8 U.S.C. 1101 et 
     seq.).
       (h) Application of Immigration and Nationality Act 
     Provisions.--
       (1) Definitions.--Except as otherwise specifically provided 
     in this Act, the definitions contained in the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.) shall apply in this 
     section.
       (2) 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 of Homeland Security in the administration and 
     enforcement of the Immigration and Nationality Act or any 
     other law relating to immigration, nationality, or 
     naturalization.
       (3) Effect of eligibility for adjustment of status.--
     Eligibility to be granted the status of having been lawfully 
     admitted for permanent residence under this section shall not 
     preclude an alien from seeking any status under any other 
     provision of law for which the alien may otherwise be 
     eligible.
                                 ______