II 

108TH CONGRESS 

2D SESSION S. 2187

To amend the Haitian Refugee Immigration Fairness Act of 1998. 

IN THE SENATE OF THE UNITED STATES 

MARCH 10, 2004

Mr. GRAHAM of Florida (for himself, Mr. DEWINE, Mr. LAUTENBERG, Mr. 

DURBIN, and Mr. KENNEDY) introduced the following bill; which was 

read twice and referred to the Committee on the Judiciary 

A BILL

To amend the Haitian Refugee Immigration Fairness Act 

of 1998.

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 2004’’. 

6 SEC. 2. AMENDMENTS TO HAITIAN REFUGEE IMMIGRATION 

7 FAIRNESS ACT OF 1998. 

8 (a) GROUND FOR INADMISSIBILITY FOR DOCUMENT

9 FRAUD DOES NOT APPLY.—Section 902 of the Haitian 

10 Refugee Immigration Fairness Act of 1998 (8 U.S.C. 
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•S 2187 IS 

1 1255 note) is amended in subsections (a)(1)(B) and 

2 (d)(1)(D) by inserting ‘‘(6)(C)(i),’’ after ‘‘(6)(A),’’. 

3 (b) DETERMINATION WITH RESPECT TO CHIL4 DREN.—Section 902(d) of such Act (8 U.S.C. 1255 note) 

5 is amended by adding at the end the following: 

6 ‘‘(3) DETERMINATIONS WITH RESPECT TO

7 CHILDREN.— 

8 ‘‘(A) USE OFAPPLICATION FILING

9 DATE.—Determinations made under this sub10 section as to whether an alien is a child of a 

11 parent shall be made using the age and status 

12 of the alien on the date of enactment of this 

13 section. 

14 ‘‘(B) APPLICATION SUBMISSION BY PAR15 ENT.—Notwithstanding paragraph (1)(C), an 

16 application filed under this subsection based on 

17 an alien’s status as a child may be filed for the 

18 benefit of such child by a parent or guardian of 

19 the child, if the child is physically present in the 

20 United States on such filing date.’’. 

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

22 (a) NEW APPLICATIONS.—Notwithstanding section 

23 902(a)(1)(A) of the Haitian Refugee Immigration Fair24 ness Act of 1998 (8 U.S.C. 1255 note), an alien who is 

25 eligible for adjustment of status under that Act, as amend-
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1 ed by section 2, may submit an application for adjustment 

2 of status under that Act not later than the later of— 

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

4 Act; or 

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 (8 U.S.C. 1255 note) that are affected by the 

12 amendments made by section 2. 

13 (c) RELATIONSHIP OF APPLICATION TO CERTAIN OR14 DERS.—Section 902(a)(3) of the Haitian Refugee Immi15 gration Fairness Act of 1998 (8 U.S.C. 1255 note) shall 

16 apply to an alien present in the United States who has 

17 been ordered excluded, deported, removed, or ordered to 

18 depart voluntarily, and who files an application under sub19 section (a) or a motion under subsection (b), in the same 

20 manner as such section 902(a)(3) applied to aliens who 

21 filed applications for adjustment of status under that Act 

22 before April 1, 2000.

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