I 

108TH CONGRESS 

2D SESSION H. R. 3918

To amend the Immigration and Nationality Act to reunify families, permit 

earned access to permanent resident status, provide protection against 

unfair immigration-related employment practices, reform the diversity 

visa program, provide adjustment of status for Haitians and Liberian 

nationals, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 9, 2004

Ms. JACKSON-LEE of Texas (for herself and Mr. CONYERS) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL

To amend the Immigration and Nationality Act to reunify 

families, permit earned access to permanent resident status, provide protection against unfair immigration-related 

employment practices, reform the diversity visa program, 

provide adjustment of status for Haitians and Liberian 

nationals, 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 ‘‘Comprehensive Immi5 gration Fairness Reform Act of 2004’’. 
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1 TITLE I—FAMILY 

2 REUNIFICATION 

3 SEC. 101. PERMANENT APPLICATION OF SECTION 245(i). 

4 Section 245(i) of the Immigration and Nationality 

5 Act (8 U.S.C. 1255(i)) is amended—

6 (1) by inserting ‘‘and’’ at the end of paragraph 

7 (1)(A); 

8 (2) by amending paragraph (1)(B) to read as 

9 follows: 

10 ‘‘(B) who is the beneficiary (including a 

11 spouse or child of the principal alien) of—

12 ‘‘(i) a petition for classification under 

13 section 204; or 

14 ‘‘(ii) an application for a labor certifi15 cation under section 212(a)(5)(A);’’; 

16 (3) by striking paragraph (1)(C); and 

17 (4) by striking ‘‘Attorney General’’ each place 

18 such term appears and inserting ‘‘Secretary of 

19 Homeland Security’’. 
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1 SEC. 102. DISCRETIONARY WAIVER OF INADMISSIBILITY 

2 BASED ON UNLAWFUL PRESENCE, FAILURE 

3 TO ATTEND REMOVAL PROCEEDINGS, AND 

4 MISREPRESENTATIONS. 

5 (a) IN GENERAL.—Section 212(i) of the Immigration 

6 and Nationality Act (8 U.S.C. 1182(i)) is amended to read 

7 as follows: 

8 ‘‘(i) The Secretary of Homeland Security may waive 

9 the application of subparagraph (A)(i) or (B), or clause 

10 (i) or (ii) of subparagraph (C), of subsection (a)(6) in the 

11 case of an immigrant who is the parent, spouse, son, or 

12 daughter of a United States citizen or of an alien lawfully 

13 admitted to the United States for permanent residence, 

14 if it is established to the satisfaction of the Secretary that 

15 the refusal of admission to the United States of such im16 migrant would result in hardship to the immigrant or to 

17 such citizen or lawful permanent resident parent, spouse, 

18 son, or daughter.’’. 

19 (b) CONFORMING AMENDMENTS.—Section 212(a)(6) 

20 of such Act (8 U.S.C. 1182(a)(6)) is amended—

21 (1) in subparagraph (A), by adding at the end 

22 the following: 

23 ‘‘(iii) WAIVER AUTHORIZED.—For a 

24 provision authorizing the waiver of clause 

25 (i), see subsection (i).’’; 

26 (2) in subparagraph (B)—
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1 (A) by inserting ‘‘(i)’’ after the subpara2 graph heading; and 

3 (B) by adding at the end the following: 

4 ‘‘(ii) WAIVER AUTHORIZED.—For a 

5 provision authorizing the waiver of clause 

6 (i), see subsection (i).’’; and 

7 (3) in subparagraph (C)(iii), by inserting ‘‘or 

8 (ii)’’ after ‘‘(i)’’. 

9 SEC. 103. GENERAL WAIVER FOR ALIENS PREVIOUSLY RE10 MOVED AND FOR THE UNLAWFUL PRESENCE 

11 BARS. 

12 (a) IN GENERAL.—Section 212(d) of the Immigra13 tion and Nationality Act (8 U.S.C. 1182(d)) is amended 

14 by adding at the end the following: 

15 ‘‘(14) The Secretary of Homeland Security may, in 

16 the discretion of the Secretary, for humanitarian purposes, 

17 to assure family unity, or when it is otherwise in the public 

18 interest, waive the application of subparagraph (A) or 

19 (B)(i) of subsection (a)(9).’’. 

20 (b) CONFORMING AMENDMENT.—Section 

21 212(a)(9)(B) of such Act (8 U.S.C. 1182(a)(9)(B)) is 

22 amended by striking clause (v). 
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1 SEC. 104. ADDRESSING THE PROBLEM OF VISA NUMBER 

2 BACKLOGS FOR THE FAMILY MEMBERS OF 

3 CITIZENS AND LAWFUL PERMANENT RESI4 DENTS. 

5 (a) CLASSES OF NONIMMIGRANT ALIENS.—Section 

6 101(a)(15)(K) of the Immigration and Nationality Act (8 

7 U.S.C. 1101(a)(15)(K)) is amended—

8 (1) by striking ‘‘or’’ at the end of clause (ii); 

9 (2) by adding ‘‘or’’ at the end of clause (iii); 

10 and 

11 (3) by adding at the end the following: 

12 ‘‘(iv)(I) has concluded a valid mar13 riage with an alien lawfully admitted for 

14 permanent residence, is the parent of a cit15 izen of the United States, or is the son or 

16 daughter of an alien lawfully admitted for 

17 permanent residence or a citizen of the 

18 United States; (II) is the beneficiary of a 

19 petition to accord immigrant status on the 

20 basis of such family relationship that was 

21 filed under section 204 by such family 

22 member; (III) has waited more than 6 

23 months for the approval of such petition or 

24 the availability to the alien of an immi25 grant visa; and (IV) seeks to enter the 

26 United States to await the approval of 
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1 such petition and the availability to the 

2 alien of an immigrant visa;’’. 

3 (b) ADMISSION OF NONIMMIGRANTS.—Section 

4 214(d) of such Act (8 U.S.C. 1184(d)) is amended—

5 (1) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; 

6 and 

7 (2) by adding at the end the following: 

8 ‘‘(2) A visa shall not be issued under the provisions 

9 of section 101(a)(15)(K)(iv) until the consular officer has 

10 received a petition filed in the United States by the lawful 

11 permanent resident or citizen relative of the applying alien 

12 and approved by the Secretary of Homeland Security. The 

13 petition shall be in such form and contain such informa14 tion as the Secretary shall, by regulation, prescribe.’’. 

15 SEC. 105. WAIVER OF AGGRAVATED FELONY CON16 SEQUENCES. 

17 Section 101 of the Immigration and Nationality Act 

18 (8 U.S.C. 1101) is amended by adding at the end the fol19 lowing: 

20 ‘‘(j) For purposes of this Act, and notwithstanding 

21 subsection (a)(43), the Secretary of Homeland Security 

22 may treat any conviction that did not result in incarcer23 ation for more than 1 year as if such conviction were not 

24 a conviction for an aggravated felony. This discretion may 
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1 be exercised for humanitarian purposes, to assure family 

2 unity, or when it is otherwise in the public interest.’’. 

3 SEC. 106. AGE-OUT PROTECTION FOR CHILDREN. 

4 (a) IN GENERAL.—Chapter 1 of title IV of the Immi5 gration and Nationality Act (8 U.S.C. 1101 note) is 

6 amended by adding at the end the following: 

7 ‘‘AGE-OUT PROTECTION FOR CHILDREN

8 ‘‘SEC. 408. (a) IN GENERAL.—In the case of an ap9 plication initially to grant a benefit under this Act (other 

10 than an application for naturalization) that otherwise 

11 would be granted only after a determination that the bene12 ficiary of the application is a child (such as classification 

13 as an immediate relative under section 201(b)(2)(A)(i)), 

14 if the application is neither approved nor denied (on proce15 dural or substantive grounds) during the 90-day period 

16 beginning on the date of the filing of the application, the 

17 beneficiary shall be considered to be a child for all pur18 poses related to the receipt of the benefit if the beneficiary 

19 was a child on the last day of such 90-day period, and 

20 the beneficiary shall not otherwise be prejudiced with re21 spect to such determination by such delay, and shall be 

22 considered to be a child under this Act for all purposes 

23 related to such application. 

24 ‘‘(b) TERMINATION OF BENEFIT.—Subsection (a) 

25 shall remain in effect until the termination of the 1-year 
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1 period beginning on the date on which the application de2 scribed in such paragraph is approved.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 for the Immigration and Nationality Act is amended by 

5 inserting after the item relating to section 407 the fol6 lowing:

‘‘408. Age-out protection for children.’’.

7 TITLE II—EARNED ACCESS TO 

8 LEGALIZATION 

9 SEC. 201. ADJUSTMENT OF STATUS ON THE BASIS OF 

10 EARNED ACCESS TO LEGALIZATION. 

11 (a) IN GENERAL.—Chapter 5 of title II of the Immi12 gration and Nationality Act (8 U.S.C. 1255 et seq.) is 

13 amended by inserting after section 245A the following: 

14 ‘‘ADJUSTMENT OF STATUS ON THE BASIS OF EARNED

15 ACCESS TO LEGALIZATION

16 ‘‘SEC. 245B. (a) IN GENERAL.—The Secretary of 

17 Homeland Security may adjust the status of an alien to 

18 that of an alien lawfully admitted for permanent residence 

19 if the alien—

20 ‘‘(1) was physically present in the United 

21 States for a continuous period of not less than 5 

22 years immediately preceding the date on which this 

23 provision was enacted and has maintained contin24 uous physical presence since then; 
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1 ‘‘(2) has at all times been a person of good 

2 moral character; 

3 ‘‘(3) has never been convicted of a criminal of4 fense in the United States; 

5 ‘‘(4) in the case of an alien who is 18 years of 

6 age or older, but who is not over the age of 65, has 

7 successfully completed a course on reading, writing, 

8 and speaking words in ordinary usage in the English 

9 language, unless unable to do so on account of phys10 ical or developmental disability or mental impair11 ment; 

12 ‘‘(5) in the case of an alien 18 years of age or 

13 older, has accepted the values and cultural life of the 

14 United States; and 

15 ‘‘(6) in the case of an alien 18 years of age or 

16 older, has performed at least 40 hours of community 

17 service. 

18 ‘‘(b) TREATMENT OF BRIEF, CASUAL, AND INNO19 CENT ABSENCES.—An alien shall not be considered to 

20 have failed to maintain a continuous presence in the 

21 United States for purposes of subsection (a)(1) by virtue 

22 of brief, casual, and innocent absences from the United 

23 States. 

24 ‘‘(c) ADMISSIBLE AS IMMIGRANT.—
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1 ‘‘(1) IN GENERAL.—The alien shall establish 

2 that the alien is admissible to the United States as 

3 immigrant, except as otherwise provided in para4 graph (2). 

5 ‘‘(2) EXCEPTIONS.—The provisions of para6 graphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), 

7 (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) 

8 shall not apply in the determination of an alien’s ad9 missibility under this section. 

10 ‘‘(d) SECURITY AND LAW ENFORCEMENT CLEAR11 ANCES.—The alien, if over 15 years of age, shall submit 

12 fingerprints in accordance with procedures established by 

13 the Secretary of Homeland Security. Such fingerprints 

14 shall be submitted to relevant Federal agencies to be 

15 checked against existing databases for information relat16 ing to criminal, national security, or other law enforce17 ment actions that would render the alien ineligible for ad18 justment of status under this section. The Secretary of 

19 Homeland Security shall provide a process for challenging 

20 the accuracy of matches that result in a finding of ineligi21 bility for adjustment of status. 

22 ‘‘(e) INAPPLICABILITY OF NUMERICAL LIMITA23 TIONS.—When an alien is granted lawful permanent resi24 dent status under this subsection, the number of immi25 grant visas authorized to be issued under any provision 
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1 of this Act shall not be reduced. The numerical limitations 

2 of sections 201 and 202 shall not apply to adjustment of 

3 status under this section. 

4 ‘‘(f) TERMINATION OF PROCEEDINGS.—The Sec5 retary of Homeland Security may terminate removal pro6 ceedings without prejudice pending the outcome of an 

7 alien’s application for adjustment of status under this sec8 tion on the basis of a prima facie showing of eligibility 

9 for relief under this section.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents 

11 for the Immigration and Nationality Act is amended by 

12 inserting after the item relating to section 245A the fol13 lowing:

‘‘245B. Adjustment of status on the basis of earned access to legalization.’’.

14 TITLE III—EMPLOYEE 

15 PROTECTIONS 

16 SEC. 301. UNFAIR IMMIGRATION-RELATED EMPLOYMENT 

17 PRACTICES. 

18 Section 274B of the Immigration and Nationality Act 

19 (8 U.S.C. 1324b) is amended—

20 (1) in subsection (a)(5)—

21 (A) by amending the paragraph heading to 

22 read ‘‘PROHIBITION OF INTIMIDATION, RETAL23 IATION, OR UNLAWFUL DISCRIMINATION IN EM24 PLOYMENT’’; 
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1 (B) by moving the text down and to the 

2 right 2 ems; 

3 (C) by inserting before such text the fol4 lowing: ‘‘(A) IN GENERAL.—’’; and 

5 (D) by adding at the end the following: 

6 ‘‘(B) FEDERAL LABOR OR EMPLOYMENT

7 LAWS.—It is an unfair employment practice for 

8 any employer to directly or indirectly threaten 

9 any individual with removal or any other ad10 verse consequences pertaining to that individ11 ual’s immigration status or employment bene12 fits for the purpose of intimidating, pressuring, 

13 or coercing any such individual not to exercise 

14 any right protected by state or federal labor or 

15 employment law (including section 7 of the Na16 tional Labor Relations Act (29 U.S.C. 157)), or 

17 for the purpose of retaliating against any such 

18 individual for having exercised or having stated 

19 an intention to exercise any such right. 

20 ‘‘(C) DISCRIMINATION BASED ON IMMIGRA21 TION STATUS.—It is an unfair employment 

22 practice for any employer, except to the extent 

23 specifically authorized or required by law, to 

24 discriminate in any term or condition of em25 ployment against any individual employed by 
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1 such employer on the basis of such individual’s 

2 immigration status.’’; and 

3 (2) in subsection (c)(2), by adding at the end 

4 the following: ‘‘The Special Counsel shall not dis5 close to the Secretary of Homeland Security or any 

6 other government agency or employee, and shall not 

7 cause to be published in a manner that discloses to 

8 the Secretary of Homeland Security or any other 

9 government agency or employee, any information ob10 tained by the Special Counsel in any manner con11 cerning the immigration status of any individual who 

12 has filed a charge under this section, or the identity 

13 of any individual or entity that is a party or witness 

14 to a proceeding brought pursuant to such charge. 

15 The Secretary of Homeland Security may not rely, 

16 in whole or in part, in any enforcement action or re17 moval proceeding, upon any information obtained as 

18 a result of the filing or prosecution of an unfair im19 migration-related employment practice charge. For 

20 purposes of this paragraph, the term ‘Special Coun21 sel’ includes individuals formerly appointed to the 

22 position of Special Counsel and any current or 

23 former employee of the office of the Special Counsel. 

24 Whoever knowingly uses, publishes, or permits infor-
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1 mation to be used in violation of this paragraph 

2 shall be fined not more than $10,000.’’. 

3 SEC. 302. DEPARTMENT OF LABOR TASK FORCE. 

4 The Secretary of Labor, in consultation with the At5 torney General and the Secretary of Homeland Security, 

6 shall conduct a national study of American workplaces to 

7 determine the causes, extent, circumstances, and con8 sequences, of exploitation of undocumented alien workers 

9 by their employers. As part of this study, the Secretary 

10 of Labor shall create a plan for targeted review of federal 

11 labor law enforcement in industries with a substantial im12 migrant workforce, for the purpose of identifying, moni13 toring, and deterring frequent or egregious violators of 

14 wage and hour, anti-discrimination, National Labor Rela15 tions Act, and workplace safety and health requirements. 

16 Not later than 18 months after the date of the enactment 

17 of this Act, the Secretary of Labor shall submit to the 

18 Congress a report describing the results of the study and 

19 the Secretary’s recommendations based on the study. 

20 SEC. 303. RECRUITMENT OF AMERICAN WORKERS. 

21 Section 214 of the Immigration and Nationality Act 

22 is amended—

23 (1) by redesignating subsections (m) (as added 

24 by section 105 of Public Law 106–313), (n) (as 

25 added by section 107(e) of Public Law 106–386), 
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1 (o) (as added by section 1513(c) of Public Law 106–

2 386), (o) (as added by section 1102(b) of the Legal 

3 Immigration Family Equity Act), and (p) (as added 

4 by section 1503(b) of the Legal Immigration Family 

5 Equity Act) as subsections (n), (o), (p), (q), and (r), 

6 respectively; and 

7 (2) by adding at the end the following: 

8 ‘‘(s)(1) No petition to accord employment status 

9 under any nonimmigrant classification described in section 

10 101(a)(15) shall be granted in the absence of an affidavit 

11 from the petitioner describing the efforts that were made 

12 to recruit an alien lawfully admitted for permanent resi13 dence or a citizen of the United States before resorting 

14 to a petition to obtain a foreign employee. The recruitment 

15 efforts must have included substantial attempts to find 

16 employees in minority communities. 

17 ‘‘(2)(A) The Secretary of Homeland Security shall re18 serve 3 percent of all fees collected for petitions to accord 

19 employment status and shall use these funds to establish 

20 an employment training program which will include unem21 ployed workers in the United States who need to be 

22 trained or retrained. The purpose of this program shall 

23 be to increase the number of lawful permanent residents 

24 and citizens of the United States who are available for 
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1 employment in the occupations that are the subjects of 

2 such petitions. 

3 ‘‘(B) The Secretary of Homeland Security shall re4 serve and make available to the Secretary of Labor a por5 tion of the funds collected under this paragraph. Such 

6 funds shall be used by the Secretary of Labor to establish 

7 an ‘Office to Preserve American Jobs’ within the Depart8 ment of Labor. The purpose of this office shall be to estab9 lish policies intended to ensure that employers in the 

10 United States will hire available workers in the United 

11 States before resorting to foreign labor, giving substantial 

12 emphasis to hiring minority workers in the United 

13 States.’’. 

14 TITLE IV—DIVERSITY VISAS 

15 SEC. 401. INCREASE IN WORLDWIDE LEVEL OF DIVERSITY 

16 IMMIGRANTS. 

17 Section 201(e) of the Immigration and Nationality 

18 Act (8 U.S.C. 1151(e)) is amended by striking ‘‘55,000’’ 

19 and inserting ‘‘110,000’’. 

20 SEC. 402. PERIOD DESIGNATED FOR APPLICATION. 

21 Section 203(e)(1) of the Immigration and Nationality 

22 Act (8 U.S.C. 1153(e)(1)) is amended—

23 (1) by striking ‘‘Attorney General’’ each place 

24 such term appears and and inserting ‘‘Secretary of 

25 Homeland Security’’; and 
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1 (2) by adding at the end the following: ‘‘The 

2 Secretary shall provide for a filing system that will 

3 permit unlimited filing throughout the entire period 

4 designated for the filing of petitions. If an electronic 

5 filing system is chosen, the Secretary shall ensure 

6 that the computer equipment and software used to 

7 accept the filed petitions will have the capacity to ac8 cept every application that is submitted during the 

9 period designated for filing the petitions. In the 

10 event that petitions submitted during the designated 

11 period are rejected, the designated period will be ex12 tended for an additional 10-day period.’’

13 TITLE V—HAITIAN PARITY 

14 SEC. 501. ADJUSTMENT OF STATUS FOR HAITIANS. 

15 (a) IN GENERAL.—After section 245B of the Immi16 gration and Nationality Act (as added by section 201 of 

17 this Act) insert the following: 

18 ‘‘ADJUSTMENT OF STATUS OF CERTAIN HAITIAN

19 NATIONALS

20 ‘‘SEC. 245C. Notwithstanding the provisions of sec21 tion 245(c), the status of any alien who is a national or 

22 citizen of Haiti, and who has been physically present in 

23 the United States for at least one year, may be adjusted 

24 by the Secretary of Homeland Security, in the Secretary’s 

25 discretion and under such regulations as the Secretary 

26 may prescribe, to that of an alien lawfully admitted for 
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1 permanent residence, if the alien makes an application for 

2 such adjustment and the alien is eligible to receive an im3 migrant visa and is admissible to the United States for 

4 permanent residence. Upon approval of such an applica5 tion for adjustment of status, the Secretary shall create 

6 a record of the alien’s admission for permanent residence 

7 as of a date 30 months prior to the filing of such an appli8 cation or the date of the alien’s last arrival into the United 

9 States, whichever date is later. The provisions of this Act 

10 shall be applicable to the spouse and child of any alien 

11 described in this section, regardless of their citizenship 

12 and place of birth, if the spouse or child is residing with 

13 such alien in the United States.’’. 

14 (b) CLERICAL AMENDMENT.—The table of contents 

15 for the Immigration and Nationality Act is amended by 

16 inserting after the item relating to section 245B the fol17 lowing:

‘‘Sec. 245C. Adjustment of status of certain Haitian nationals.’’.

18 (c) SUNSET.—The amendments made by this section 

19 shall cease to be effective on the date that is 3 years after 

20 the date of the enactment of this Act. 

21 SEC. 502. LIMITATION OF ATTORNEY GENERAL’S BOND DIS22 CRETION. 

23 Section 236 of the Immigration and Nationality Act 

24 (8 U.S.C. 1226) is amended by adding at the end the fol25 lowing: 
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1 ‘‘(f) EXERCISE OF AUTHORITY FOR ARREST, DETEN2 TION, AND RELEASE.—The Secretary of Homeland Secu3 rity shall exercise the discretion afforded under subsection 

4 (a) on a case-by-case basis. If bond is to be denied on 

5 the ground that the alien’s release would give rise to ad6 verse consequences for national security or national immi7 gration policy, the finding of such adverse consequences 

8 shall be based on circumstances pertaining to the indi9 vidual alien whose release is being considered.’’. 

10 SEC. 503. ELIMINATION OF MANDATORY DETENTION IN EX11 PEDITED REMOVAL PROCEEDINGS. 

12 Section 235(b)(1)(B)(iii)(IV) of the Immigration and 

13 Nationality Act (8 U.S.C. 1225(b)(1)(B)(iii)(IV)) is 

14 amended to read as follows: 

15 ‘‘(IV) DETENTION.—Aliens sub16 ject to the procedures under this 

17 clause shall be detained in accordance 

18 with section 236.’’. 

19 SEC. 504. AMENDMENTS TO HAITIAN AND IMMIGRANT 

20 FAIRNESS ACT OF 1998. 

21 (a) GROUND FOR INADMISSIBILITY FOR DOCUMENT

22 FRAUD DOES NOT APPLY.—The Haitian Refugee Immi23 gration Fairness Act of 1998 (8 U.S.C. 1255 note) is 

24 amended in subsections (a)(1)(B) and (d)(1)(D) of section 

25 902 by inserting ‘‘(6)(C)(i),’’ after ‘‘(6)(A),’’. 
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1 (b) DETERMINATIONS WITH RESPECT TO CHIL2 DREN.—Section 902(d) of such Act is amended by adding 

3 at the end the following: 

4 ‘‘(3) DETERMINATIONS WITH RESPECT TO

5 CHILDREN.—

6 ‘‘(A) USE OF APPLICATION FILING

7 DATE.—Determinations made under this sub8 section as to whether an individual is a child of 

9 a parent shall be made using the age and status 

10 of the individual on the date of the enactment 

11 of this section. 

12 ‘‘(B) APPLICATION SUBMISSION BY PAR13 ENT.—Notwithstanding paragraph (1)(C), an 

14 application under this subsection filed based on 

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

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

17 if the child is physically present in the United 

18 States on such filing date.’’. 

19 SEC. 505. NEW APPLICATIONS AND MOTIONS TO REOPEN. 

20 (a) NEW APPLICATIONS.—Notwithstanding section 

21 902(a)(1)(A) of the Haitian and Immigrant Fairness Act 

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

23 under such Act, as amended by section 504 of this Act, 

24 may submit an application for adjustment of status under 

25 such Act not later than the later of—
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1 (1) 2 years after the date of the enactment of 

2 this Act; and 

3 (2) 1 year after the date on which final regula4 tions implementing section 504 are promulgated. 

5 (b) MOTIONS TO REOPEN.—The Secretary of Home6 land Security shall establish procedures for the reopening 

7 and reconsideration of applications for adjustment of sta8 tus under the Haitian Refugee Immigration Fairness Act 

9 of 1998 that are affected by the amendments under sec10 tion 504 of this Act. 

11 (c) RELATIONSHIP OF APPLICATION TO CERTAIN OR12 DERS.—Section 902(a)(3) of the Haitian and Immigrant 

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

14 the United States who has been ordered excluded, de15 ported, removed, or ordered to depart voluntarily, and who 

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

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

18 902(a)(3) applied to aliens filing applications for adjust19 ment of status under such Act before April 1, 2000. 

20 SEC. 506. SENSE OF CONGRESS REGARDING TEMPORARY 

21 PROTECTED STATUS FOR HAITIANS. 

22 It is the sense of the Congress that the Secretary of 

23 Homeland Security should be more liberal with respect to 

24 Haiti in deciding whether to designate that country for 

25 temporary protected status under section 244(b)(1)(A) of 
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1 the Immigration and Nationality (8 U.S.C. 

2 1254(b)(1)(A)). It is the sense of the Congress that this 

3 decision has sometimes been made without due regard to 

4 the serious threat to personal safety that results from 

5 sending Haitians back to Haiti during a period of ongoing 

6 armed conflict in that country. 

7 TITLE VI—LIBERIAN REFUGEE 

8 RELIEF 

9 SEC. 601. ADJUSTMENT OF STATUS OF CERTAIN LIBERIAN 

10 NATIONALS. 

11 (a) ADJUSTMENT OF STATUS.—

12 (1) IN GENERAL.—Notwithstanding section 

13 245(c) of the Immigration and Nationality Act, the 

14 status of any alien described in subsection (b) shall 

15 be adjusted by the Secretary of Homeland Security 

16 to that of an alien lawfully admitted for permanent 

17 residence, if the alien—

18 (A) applies for such adjustment before 

19 April 1, 2005; and 

20 (B) is otherwise eligible to receive an im21 migrant visa and is otherwise admissible to the 

22 United States for permanent residence, except 

23 in determining such admissibility the grounds 

24 for inadmissibility specified in paragraphs (4), 

25 (5), (6)(A), and (7)(A) of section 212(a) of the 
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1 Immigration and Nationality Act shall not 

2 apply. 

3 (2) RELATIONSHIP OF APPLICATION TO CER4 TAIN ORDERS.—An alien present in the United 

5 States who has been ordered excluded, deported, re6 moved, or ordered to depart voluntarily from the 

7 United States under any provision of the Immigra8 tion and Nationality Act may, notwithstanding such 

9 order, apply for adjustment of status under para10 graph (1). Such an alien may not be required, as a 

11 condition on submitting or granting such applica12 tion, to file a motion to reopen, reconsider, or vacate 

13 such order. If the Secretary of Homeland Security 

14 grants the application, the Secretary of Homeland 

15 Security shall cancel the order. If the Secretary of 

16 Homeland Security renders a final administrative 

17 decision to deny the application, the order shall be 

18 effective and enforceable to the same extent as if the 

19 application had not been made. 

20 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA21 TUS.—The benefits provided by subsection (a) shall apply 

22 to any alien who—

23 (1) is a national of Liberia; and 

24 (2)(A) who was granted temporary protected 

25 status on or after March 27, 1991; or 
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1 (B) was eligible to apply for temporary pro2 tected status on or after March 27, 1991. 

3 (c) STAY OF REMOVAL.—

4 (1) IN GENERAL.—The Secretary of Homeland 

5 Security shall provide by regulation for an alien sub6 ject to a final order of deportation or removal or ex7 clusion to seek a stay of such order based on the fil8 ing of an application under subsection (a). 

9 (2) DURING CERTAIN PROCEEDINGS.—Notwith10 standing any provision of the Immigration and Na11 tionality Act, the Secretary of Homeland Security 

12 shall not order any alien to be removed from the 

13 United States, if the alien is in exclusion, deporta14 tion, or removal proceedings under any provision of 

15 such Act and raises as a defense to such an order 

16 the eligibility of the alien to apply for adjustment of 

17 status under subsection (a), except where the Sec18 retary of Homeland Security has rendered a final 

19 administrative determination to deny the application. 

20 (3) WORK AUTHORIZATION.—The Secretary of 

21 Homeland Security may authorize an alien who has 

22 applied for adjustment of status under subsection 

23 (a) to engage in employment in the United States 

24 during the pendency of such application and may 

25 provide the alien with an ‘‘employment authorized’’ 
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1 endorsement or other appropriate document signi2 fying authorization of employment, except that if 

3 such application is pending for a period exceeding 

4 180 days, and has not been denied, the Secretary of 

5 Homeland Security shall authorize such employment. 

6 (d) ADJUSTMENT OF STATUS FOR SPOUSES AND

7 CHILDREN.—

8 (1) IN GENERAL.—Notwithstanding section 

9 245(c) of the Immigration and Nationality Act, the 

10 status of an alien shall be adjusted by the Secretary 

11 of Homeland Security to that of an alien lawfully 

12 admitted for permanent residence, if—

13 (A) the alien is a national of Liberia; 

14 (B) the alien is the spouse, child, or un15 married son or daughter, of an alien whose sta16 tus is adjusted to that of an alien lawfully ad17 mitted for permanent residence under sub18 section (a), except that in the case of such an 

19 unmarried son or daughter, the son or daughter 

20 shall be required to establish that they have 

21 been physically present in the United States for 

22 at least 1 year and is physically present in the 

23 United States on the date the application for 

24 such adjustment is filed; 
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1 (C) the alien applies for such adjustment 

2 and is physically present in the United States 

3 on the date the application is filed; and 

4 (D) the alien is otherwise eligible to receive 

5 an immigration visa and is otherwise admissible 

6 to the United States for permanent residence, 

7 except in determining such admissibility the 

8 grounds for exclusion specified in paragraphs 

9 (4), (5), (6)(A), and (7)(A) of section 212(a) of 

10 the Immigration and Nationality Act shall not 

11 apply. 

12 (2) PROOF OF CONTINUOUS PRESENCE.—For 

13 purposes of establishing the period of continuous 

14 physical presence referred to in paragraph (1)(B), 

15 an alien shall not be considered to have failed to 

16 maintain continuous physical presence by reason of 

17 an absence, or absences, from the United States for 

18 any periods in aggregate not exceeding 180 days. 

19 (e) AVAILABILITY OF ADMINISTRATIVE REVIEW.—

20 The Secretary of Homeland Security shall provide to ap21 plicants for adjustment of status under subsection (a) the 

22 same right to, and procedures for, administrative review 

23 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 or 

4 (2) aliens subject to removal proceedings under 

5 section 240 of such Act. 

6 (f) LIMITATION ON JUDICIAL REVIEW.—A deter7 mination by the Secretary of Homeland Security as to 

8 whether the status of any alien should be adjusted under 

9 this section is final and shall not be subject to review by 

10 any court. 

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

12 When an alien is granted the status of having been law13 fully admitted for permanent residence pursuant to this 

14 section, the Secretary of State shall not be required to re15 duce the number of immigrant visas authorized to be 

16 issued under any provision of the Immigration and Na17 tionality Act. 

18 (h) APPLICATION OF IMMIGRATION AND NATION19 ALITY ACT PROVISIONS.—Except as otherwise specifically 

20 provided in this section, the definitions contained in the 

21 Immigration and Nationality Act shall apply in the admin22 istration of this section. Nothing contained in this section 

23 shall be held to repeal, amend, alter, modify, effect, or re24 strict the powers, duties, functions, or authority of the 

25 Secretary of Homeland Security in the administration and 
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1 enforcement of such Act or any other law relating to immi2 gration, nationality, or naturalization. The fact that an 

3 alien may be eligible to be granted the status of having 

4 been lawfully admitted for permanent residence under this 

5 section shall not preclude the alien from seeking such sta6 tus under any other provision of law for which the alien 

7 may be eligible. 

8 TITLE VII—DISCRETION RE9 GARDING RESIDENCY RE10 QUIREMENTS FOR NATU11 RALIZATION 

12 SEC. 701. PHYSICAL PRESENCE REQUIREMENT. 

13 Section 316(a) of the Immigration and Nationality 

14 Act (8 U.S.C. 1427) is amended by adding at the end the 

15 following: 

16 ‘‘When warranted by extraordinary circumstances, the 

17 Secretary of Homeland Security may reduce, by not more 

18 than 90 days, the physical presence requirement described 

19 in the preceding sentence.’’. 

20 SEC. 702. ABSENCES FROM THE UNITED STATES. 

21 Section 316(b) of the Immigration and Nationality 

22 Act (8 U.S.C. 1427(b)) is amended—

23 (1) in the first sentence, by striking ‘‘one year’’ 

24 and inserting ‘‘18 months’’; and 
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1 (2) in the second sentence, by striking ‘‘contin2 uous period of one year’’ and inserting ‘‘continuous 

3 period of 18 months’’.

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