I 

109TH CONGRESS 

1ST SESSION H. R. 1737 

To amend the Haitian Refugee Immigration Fairness Act of 1998 to benefit 

individuals who were children when such Act was enacted. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 20, 2005 

Mr. MEEK of Florida (for himself, Mr. TOWNS, Mr. HASTINGS of Florida, Mr. 

JACKSON of Illinois, Mr. CONYERS, Ms. KILPATRICK of Michigan, Mr. 

SERRANO, Mr. OWENS, Mr. CUMMINGS, Mr. RUSH, Mr. LYNCH, Mr. 

WEINER, Mr. KUCINICH, Mr. BISHOP of Georgia, Mr. MEEKS of New 

York, Ms. WASSERMAN SCHULTZ, Mr. ENGEL, Ms. LEE, and Mrs. 

CHRISTENSEN) introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend the Haitian Refugee Immigration Fairness Act 

of 1998 to benefit individuals who were children when 

such Act was enacted. 

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 ‘‘HRIFA Improvement 

5 Act of 2005’’. 
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1 SEC. 2. DETERMINATIONS WITH RESPECT TO CHILDREN 

2 UNDER THE HAITIAN AND IMMIGRANT FAIR3 NESS ACT OF 1998. 

4 Section 902(d) of the Haitian Refugee Immigration 

5 Fairness Act of 1998 (8 U.S.C. 1255 note) is amended 

6 by adding at the end the following: 

7 ‘‘(3) DETERMINATIONS WITH RESPECT TO

8 CHILDREN.— 

9 ‘‘(A) USE OF APPLICATION FILING

10 DATE.—Determinations made under this sub11 section as to whether an individual is a child of 

12 a parent shall be made using the age and status 

13 of the individual on the date of the enactment 

14 of this section. 

15 ‘‘(B) APPLICATION SUBMISSION BY PAR16 ENT.—Notwithstanding paragraph (1)(C), an 

17 application under this subsection filed based on 

18 status as a child may be filed for the benefit of 

19 such child by a parent or guardian of the child, 

20 if the child is physically present in the United 

21 States on such filing date.’’. 

22 SEC. 3. NEW APPLICATIONS AND MOTIONS TO REOPEN. 

23 (a) NEW APPLICATIONS.—Notwithstanding section 

24 902(a)(1)(A) of the Haitian and Immigrant Fairness Act 

25 of 1998, an alien who is eligible for adjustment of status 

26 under such Act, as amended by section 2 of this Act, may 
3 

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1 submit an application for adjustment of status under such 

2 Act not later than the later of— 

3 (1) 2 years after the date of the enactment of 

4 this Act; and 

5 (2) 1 year after the date on which final regula6 tions implementing this Act are promulgated. 

7 (b) MOTIONS TO REOPEN.—The Secretary of Home8 land Security shall establish procedures for the reopening 

9 and reconsideration of applications for adjustment of sta10 tus under the Haitian Refugee Immigration Fairness Act 

11 of 1998 that are affected by the amendments under sec12 tion 2 of this Act. 

13 (c) RELATIONSHIP OF APPLICATION TO CERTAIN OR14 DERS.—Section 902(a)(3) of the Haitian and Immigrant 

15 Fairness Act of 1998 shall apply to an alien present in 

16 the United States who has been ordered excluded, de17 ported, removed, or ordered to depart voluntarily, and who 

18 files an application under subsection (a), or a motion 

19 under subsection (b), in the same manner as such section 

20 902(a)(3) applied to aliens filing applications for adjust21 ment of status under such Act before April 1, 2000. 

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