[Congressional Record Volume 157, Number 42 (Monday, March 28, 2011)]
[Senate]
[Page S1898]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REED (for himself, Mr. Whitehouse, Mr. Durbin, Ms. 
        Mikulski, Mr. Kerry, Mr. Franken, Ms. Klobuchar, and Mr. 
        Cardin):
  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 
printed 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 2011''.

     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 not later than 1 year after the 
     date of the enactment of this Act; 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--
       (i) has been convicted of any aggravated felony (as defined 
     in section 101(a)(43) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(43));
       (ii) has been convicted of 2 or more crimes involving moral 
     turpitude; or
       (iii) 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.
       (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 adjusts the status of an alien pursuant to 
     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 
     such adjustment of status, 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 
     between January 1, 2011 and the date on which the alien 
     submits an 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)(A)(ii), 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 
     establish procedures, by regulation, through which an alien, 
     who is subject to a final order of deportation, removal, or 
     exclusion, may seek a stay of such order based upon the 
     filing of an application under subsection (a).
       (2) During certain proceedings.--Notwithstanding any 
     provision in the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.), the Secretary of Homeland Security may 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) unless 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 while a determination regarding such 
     application is pending; and
       (ii) provide the alien with an ``employment authorized'' 
     endorsement or other appropriate document signifying 
     authorization of employment.
       (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.
                                 ______