II 

116TH CONGRESS 

1ST SESSION S. 456 

To provide for the adjustment of status of certain nationals of Liberia 

to that of lawful permanent residents, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 12, 2019 

Mr. REED (for himself, Mr. WHITEHOUSE, Mr. DURBIN, Ms. KLOBUCHAR, 

Ms. SMITH, Mr. CARDIN, Mr. VAN HOLLEN, and Ms. DUCKWORTH) introduced the following bill; which was read twice and 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Liberian Refugee Im5 migration Fairness Act of 2019’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) IN GENERAL.—Except as otherwise specifi9 cally provided, any term used in this Act that is 


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1 used in the immigration laws shall have the meaning 

2 given the term in the immigration laws. 

3 (2) IMMIGRATION LAWS.—The term ‘‘immigra4 tion laws’’ has the meaning given the term in section 

5 101(a)(17) of the Immigration and Nationality Act 

6 (8 U.S.C. 1101(a)(17)). 

7 (3) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Homeland Security. 

9 SEC. 3. ADJUSTMENT OF STATUS. 

10 (a) ADJUSTMENT OF STATUS.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (3), the Secretary shall adjust the status of 

13 an alien described in subsection (b) to that of an 

14 alien lawfully admitted for permanent residence if 

15 the alien— 

16 (A) applies for adjustment not later than 

17 1 year after the date of the enactment of this 

18 Act; 

19 (B) is otherwise eligible to receive an im20 migrant visa; and 

21 (C) subject to paragraph (2), is admissible 

22 to the United States for permanent residence. 

23 (2) APPLICABILITY OF GROUNDS OF INADMIS24 SIBILITY.—In determining the admissibility of an 

25 alien under paragraph (1)(C), the grounds of inadVerDate Sep 11 2014 01:14 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S456.IS S456

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1 missibility specified in paragraphs (4), (5), (6)(A), 

2 and (7)(A) of section 212(a) of the Immigration and 

3 Nationality Act (8 U.S.C. 1182(a)) shall not apply. 

4 (3) EXCEPTIONS.—An alien shall not be eligible 

5 for adjustment of status under this subsection if the 

6 Secretary determines that the alien— 

7 (A) has been convicted of any aggravated 

8 felony; 

9 (B) has been convicted of 2 or more crimes 

10 involving moral turpitude; or 

11 (C) has ordered, incited, assisted, or other12 wise participated in the persecution of any per13 son on account of race, religion, nationality, 

14 membership in a particular social group, or po15 litical opinion. 

16 (4) RELATIONSHIP OF APPLICATION TO CER17 TAIN ORDERS.— 

18 (A) IN GENERAL.—An alien present in the 

19 United States who has been subject to an order 

20 of exclusion, deportation, removal, or voluntary 

21 departure under any provision of the Immigra22 tion and Nationality Act (8 U.S.C. 1101 et 

23 seq.) may, notwithstanding such order, submit 

24 an application for adjustment of status under 


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1 this subsection if the alien is otherwise eligible 

2 for adjustment of status under paragraph (1). 

3 (B) SEPARATE MOTION NOT REQUIRED.— 

4 An alien described in subparagraph (A) shall 

5 not be required, as a condition of submitting or 

6 granting an application under this subsection, 

7 to file a separate motion to reopen, reconsider, 

8 or vacate an order described in subparagraph 

9 (A). 

10 (C) EFFECT OF DECISION BY SEC11 RETARY.— 

12 (i) GRANT.—If the Secretary adjusts 

13 the status of an alien pursuant to an appli14 cation under this subsection, the Secretary 

15 shall cancel any order described in sub16 paragraph (A) to which the alien has been 

17 subject. 

18 (ii) DENIAL.—If the Secretary makes 

19 a final decision to deny such application, 

20 any such order shall be effective and en21 forceable to the same extent that such 

22 order would be effective and enforceable if 

23 the application had not been made. 

24 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA25 TUS.— 


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1 (1) IN GENERAL.—The benefits provided under 

2 subsection (a) shall apply to any alien who— 

3 (A)(i) is a national of Liberia; and 

4 (ii) has been continuously present in the 

5 United States during the period beginning on 

6 November 20, 2014, and ending on the date on 

7 which the alien submits an application under 

8 subsection (a); or 

9 (B) is the spouse, child, or unmarried son 

10 or daughter of an alien described in subpara11 graph (A). 

12 (2) DETERMINATION OF CONTINUOUS PHYS13 ICAL PRESENCE.—For purposes of establishing the 

14 period of continuous physical presence referred to in 

15 paragraph (1)(A)(ii), an alien shall not be consid16 ered to have failed to maintain continuous physical 

17 presence based on 1 or more absences from the 

18 United States for 1 or more periods amounting, in 

19 the aggregate, to not more than 180 days. 

20 (c) STAY OF REMOVAL.— 

21 (1) IN GENERAL.—The Secretary shall promul22 gate regulations establishing procedures by which an 

23 alien who is subject to a final order of deportation, 

24 removal, or exclusion, may seek a stay of such order 


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1 based on the filing of an application under sub2 section (a). 

3 (2) DURING CERTAIN PROCEEDINGS.— 

4 (A) IN GENERAL.—Except as provided in 

5 subparagraph (B), notwithstanding any provi6 sion of the Immigration and Nationality Act (8 

7 U.S.C. 1101 et seq.), the Secretary may not 

8 order an alien to be removed from the United 

9 States if the alien— 

10 (i) is in exclusion, deportation, or re11 moval proceedings under any provision of 

12 such Act; and 

13 (ii) has submitted an application for 

14 adjustment of status under subsection (a). 

15 (B) EXCEPTION.—The Secretary may 

16 order an alien described in subparagraph (A) to 

17 be removed from the United States if the Sec18 retary has made a final determination to deny 

19 the application for adjustment of status under 

20 subsection (a) of the alien. 

21 (3) WORK AUTHORIZATION.— 

22 (A) IN GENERAL.—The Secretary may— 

23 (i) authorize an alien who has applied 

24 for adjustment of status under subsection 

25 (a) to engage in employment in the United 


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1 States during the period in which a deter2 mination on such application is pending; 

3 and 

4 (ii) provide such alien with an ‘‘em5 ployment authorized’’ endorsement or 

6 other appropriate document signifying au7 thorization of employment. 

8 (B) PENDING APPLICATIONS.—If an appli9 cation for adjustment of status under sub10 section (a) is pending for a period exceeding 

11 180 days and has not been denied, the Sec12 retary shall authorize employment for the appli13 cable alien. 

14 (d) RECORD OF PERMANENT RESIDENCE.—On the 

15 approval of an application for adjustment of status under 

16 subsection (a) of an alien, the Secretary shall establish a 

17 record of admission for permanent residence for the alien 

18 as of the date of the arrival of the alien in the United 

19 States. 

20 (e) AVAILABILITY OF ADMINISTRATIVE REVIEW.— 

21 The Secretary shall provide applicants for adjustment of 

22 status under subsection (a) with the same right to, and 

23 procedures for, administrative review as are provided to— 


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1 (1) applicants for adjustment of status under 

2 section 245 of the Immigration and Nationality Act 

3 (8 U.S.C. 1255); and 

4 (2) aliens subject to removal proceedings under 

5 section 240 of such Act (8 U.S.C. 1229a). 

6 (f) LIMITATION ON JUDICIAL REVIEW.—A deter7 mination by the Secretary with respect to the adjustment 

8 of status of any alien under this section is final and shall 

9 not be subject to review by any court. 

10 (g) NO OFFSET IN NUMBER OF VISAS AVAILABLE.— 

11 The Secretary of State shall not be required to reduce the 

12 number of immigrant visas authorized to be issued under 

13 any provision of the Immigration and Nationality Act (8 

14 U.S.C. 1101 et seq.) to offset the adjustment of status 

15 of an alien who has been lawfully admitted for permanent 

16 residence pursuant to this section. 

17 (h) APPLICATION OF IMMIGRATION AND NATION18 ALITY ACT PROVISIONS.— 

19 (1) SAVINGS PROVISION.—Nothing in this Act 

20 may be construed to repeal, amend, alter, modify, ef21 fect, or restrict the powers, duties, function, or au22 thority of the Secretary in the administration and 

23 enforcement of the Immigration and Nationality Act 

24 (8 U.S.C. 1101 et seq.) or any other law relating to 

25 immigration, nationality, or naturalization. 


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1 (2) EFFECT OF ELIGIBILITY FOR ADJUSTMENT

2 OF STATUS.—The eligibility of an alien to be law3 fully admitted for permanent residence under this 

4 section shall not preclude the alien from seeking any 

5 status under any other provision of law for which 

6 the alien may otherwise be eligible. 

Æ 


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