Haitian Refugee Immigration Fairness Act of 2026

[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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