I 
111TH CONGRESS 
1ST SESSION H. R. 2258 
To adjust the immigration status of certain Liberian nationals who were 
provided refuge in the United States. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 5, 2009 
Mr. KENNEDY (for himself, Mr. ELLISON, and Mr. MCMAHON) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To adjust the immigration status of certain Liberian 
nationals who were provided refuge in the United States. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Liberian Refugee Im-
migration Protection Act of 2009’’. 
SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN LIBERIAN 
NATIONALS. 
(a) ADJUSTMENT OF STATUS.— 
(1) IN
GENERAL.—Notwithstanding section 
245(c) of the Immigration and Nationality Act, the 
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status of any alien described in subsection (b) shall 
be adjusted by the Secretary of Homeland Security 
to that of an alien lawfully admitted for permanent 
residence, if the alien— 
(A) applies for such adjustment before 
April 1, 2011; and 
(B) is otherwise eligible to receive an im-
migrant visa and is otherwise admissible to the 
United States for permanent residence, except 
in determining such admissibility the grounds 
for inadmissibility specified in paragraphs (4), 
(5), (6)(A), and (7)(A) of section 212(a) of the 
Immigration and Nationality Act shall not 
apply. 
(2) RELATIONSHIP OF APPLICATION TO CER-
TAIN
ORDERS.—An alien present in the United 
States who has been ordered excluded, deported, re-
moved, or ordered to depart voluntarily from the 
United States under any provision of the Immigra-
tion and Nationality Act may, notwithstanding such 
order, apply for adjustment of status under para-
graph (1). Such an alien may not be required, as a 
condition on submitting or granting such applica-
tion, to file a motion to reopen, reconsider, or vacate 
such order. If the Secretary of Homeland Security 
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grants the application, the Secretary of Homeland 
Security shall cancel the order. If the Secretary of 
Homeland Security renders a final administrative 
decision to deny the application, the order shall be 
effective and enforceable to the same extent as if the 
application had not been made. 
(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA-
TUS.—The benefits provided by subsection (a) shall apply 
to any alien who— 
(1) is a national of Liberia; and 
(2)(A) who was granted temporary protected 
status on or after March 27, 1991; or 
(B) was eligible to apply for temporary pro-
tected status on or after March 27, 1991. 
(c) STAY OF REMOVAL.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall provide by regulation for an alien sub-
ject to a final order of deportation or removal or ex-
clusion to seek a stay of such order based on the fil-
ing of an application under subsection (a). 
(2) DURING CERTAIN PROCEEDINGS.—Notwith-
standing any provision of the Immigration and Na-
tionality Act, the Secretary of Homeland Security 
shall not order any alien to be removed from the 
United States, if the alien is in exclusion, deporta-
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tion, or removal proceedings under any provision of 
such Act and raises as a defense to such an order 
the eligibility of the alien to apply for adjustment of 
status under subsection (a), except where the Sec-
retary of Homeland Security has rendered a final 
administrative determination to deny the application. 
(3) WORK AUTHORIZATION.—The Secretary of 
Homeland Security may authorize an alien who has 
applied for adjustment of status under subsection 
(a) to engage in employment in the United States 
during the pendency of such application and may 
provide the alien with an ‘‘employment authorized’’ 
endorsement or other appropriate document signi-
fying authorization of employment, except that if 
such application is pending for a period exceeding 
180 days, and has not been denied, the Secretary of 
Homeland Security shall authorize such employment. 
(d) ADJUSTMENT OF STATUS FOR SPOUSES AND 
CHILDREN.— 
(1) IN
GENERAL.—Notwithstanding section 
245(c) of the Immigration and Nationality Act, the 
status of an alien shall be adjusted by the Secretary 
of Homeland Security to that of an alien lawfully 
admitted for permanent residence, if— 
(A) the alien is a national of Liberia; 
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(B) the alien is the spouse, child, or un-
married son or daughter, of an alien whose sta-
tus is adjusted to that of an alien lawfully ad-
mitted for permanent residence under sub-
section (a), except that in the case of such an 
unmarried son or daughter, the son or daughter 
shall be required to establish that they have 
been physically present in the United States for 
at least 1 year and is physically present in the 
United States on the date the application for 
such adjustment is filed; 
(C) the alien applies for such adjustment 
and is physically present in the United States 
on the date the application is filed; and 
(D) the alien is otherwise eligible to receive 
an immigration visa and is otherwise admissible 
to the United States for permanent residence, 
except in determining such admissibility the 
grounds for exclusion specified in paragraphs 
(4), (5), (6)(A), and (7)(A) of section 212(a) of 
the Immigration and Nationality Act shall not 
apply. 
(2) PROOF OF CONTINUOUS PRESENCE.—For 
purposes of establishing the period of continuous 
physical presence referred to in paragraph (1)(B), 
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an alien shall not be considered to have failed to 
maintain continuous physical presence by reason of 
an absence, or absences, from the United States for 
any periods in aggregate not exceeding 180 days. 
(e) AVAILABILITY OF ADMINISTRATIVE REVIEW.— 
The Secretary of Homeland Security shall provide to ap-
plicants for adjustment of status under subsection (a) 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; 
or 
(2) aliens subject to removal proceedings under 
section 240 of such Act. 
(f) LIMITATION
ON JUDICIAL REVIEW.—A deter-
mination by the Secretary of Homeland Security as to 
whether the status of any alien should be adjusted under 
this section is final and shall not be subject to review by 
any court. 
(g) NO OFFSET IN NUMBER OF VISAS AVAILABLE.— 
When an alien is granted the status of having been law-
fully admitted for permanent residence pursuant to this 
section, the Secretary of State shall not be required to re-
duce the number of immigrant visas authorized to be 
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issued under any provision of the Immigration and Na-
tionality Act. 
(h) APPLICATION
OF IMMIGRATION
AND NATION-
ALITY ACT PROVISIONS.—Except as otherwise specifically 
provided in this Act, the definitions contained in the Immi-
gration and Nationality Act shall apply in the administra-
tion of this section. Nothing contained in this Act shall 
be held to repeal, amend, alter, modify, effect, or restrict 
the powers, duties, functions, or authority of the Secretary 
of Homeland Security in the administration and enforce-
ment of such Act or any other law relating to immigration, 
nationality, or naturalization. The fact that an alien may 
be eligible to be granted the status of having been lawfully 
admitted for permanent residence under this section shall 
not preclude the alien from seeking such status under any 
other provision of law for which the alien may be eligible. 
Æ 
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