[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5072 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 5072
To provide for the adjustment of status of certain nationals of Liberia
to that of lawful permanent residents and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 20, 2018
Mr. Ellison (for himself, Mr. McGovern, Mr. Payne, Ms. Moore, Ms. Lee,
and Mr. Langevin) introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for the adjustment of status of certain nationals of Liberia
to that of lawful permanent residents 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 ``Liberian Refugee Immigration
Fairness Act of 2018''.
SEC. 2. ADJUSTMENT OF STATUS.
(a) Adjustment of Status.--
(1) In general.--
(A) Eligibility.--Except as provided in
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 two 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 (8 U.S.C. 1101
et seq.) 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 November 20, 2014, 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
promulgate regulations establishing procedures 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 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 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 residence 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 applicants for adjustment of status
under subsection (a) 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).
(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.--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.
(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.--An
alien's eligibility 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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