I 
115TH CONGRESS 
2D SESSION 
H. R. 5072 
To provide for the adjustment of status of certain nationals of Liberia 
to that of lawful permanent residents and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 20, 2018 
Mr. ELLISON (for himself, Mr. MCGOVERN, Mr. PAYNE, Ms. MOORE, Ms. 
LEE, and Mr. LANGEVIN) introduced the following bill; which was re-
ferred 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. 
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 Fairness Act of 2018’’. 
SEC. 2. ADJUSTMENT OF STATUS. 
(a) ADJUSTMENT OF STATUS.— 
(1) IN GENERAL.— 
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(A) ELIGIBILITY.—Except as provided in 
subparagraph (B), the Secretary of Homeland 
Security shall adjust the status of an alien de-
scribed in subsection (b) to that of an alien law-
fully admitted for permanent residence if the 
alien— 
(i) applies for adjustment not later 
than 1 year after the date of the enact-
ment of this Act; and 
(ii) is otherwise eligible to receive an 
immigrant visa and admissible to the 
United States for permanent residence, ex-
cept that, in determining such admissi-
bility, the grounds for inadmissibility speci-
fied in paragraphs (4), (5), (6)(A), and 
(7)(A) of section 212(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 
1182(a)) shall not apply. 
(B) INELIGIBLE ALIENS.—An alien shall 
not be eligible for adjustment of status under 
this section if the Secretary of Homeland Secu-
rity determines that the alien— 
(i) has been convicted of any aggra-
vated 
felony 
(as 
defined 
in 
section 
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101(a)(43) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(43))); 
(ii) has been convicted of two or more 
crimes involving moral turpitude; or 
(iii) has ordered, incited, assisted, or 
otherwise participated in the persecution of 
any person on account of race, religion, na-
tionality, membership in a particular social 
group, or political opinion. 
(2) RELATIONSHIP OF APPLICATION TO CER-
TAIN ORDERS.— 
(A) IN GENERAL.—An alien present in the 
United States who has been subject to an order 
of exclusion, deportation, or removal, or has 
been ordered to depart voluntarily from the 
United States under any provision of the Immi-
gration and Nationality Act (8 U.S.C. 1101 et 
seq.) may, notwithstanding such order, apply 
for adjustment of status under paragraph (1) if 
otherwise qualified under such paragraph. 
(B) SEPARATE MOTION NOT REQUIRED.— 
An alien described in subparagraph (A) may 
not be required, as a condition of submitting or 
granting such application, to file a separate mo-
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tion to reopen, reconsider, or vacate the order 
described in subparagraph (A). 
(C) 
EFFECT
OF
DECISION
BY
SEC-
RETARY.—If the Secretary of Homeland Secu-
rity adjusts the status of an alien pursuant to 
an application under paragraph (1), the Sec-
retary shall cancel the order described in sub-
paragraph (A). If the Secretary of Homeland 
Security makes a final decision to deny such 
adjustment of status, the order shall be effec-
tive and enforceable to the same extent as if the 
application had not been made. 
(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA-
TUS.— 
(1) IN GENERAL.—The benefits provided under 
subsection (a) shall apply to any alien— 
(A) who is— 
(i) a national of Liberia; and 
(ii) has been continuously present in 
the United States between November 20, 
2014, and the date on which the alien sub-
mits an application under subsection (a); 
or 
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(B) who is the spouse, child, or unmarried 
son or daughter of an alien described in sub-
paragraph (A). 
(2) DETERMINATION
OF
CONTINUOUS
PHYS-
ICAL PRESENCE.—For purposes of establishing the 
period of continuous physical presence referred to in 
paragraph (1)(A)(ii), an alien shall not be consid-
ered to have failed to maintain continuous physical 
presence by reasons of an absence, or absences, from 
the United States for any period or periods amount-
ing in the aggregate to not more than 180 days. 
(c) STAY OF REMOVAL.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall promulgate regulations establishing 
procedures through which an alien, who is subject to 
a final order of deportation, removal, or exclusion, 
may seek a stay of such order based upon the filing 
of an application under subsection (a). 
(2) DURING CERTAIN PROCEEDINGS.—Notwith-
standing any provision in the Immigration and Na-
tionality Act (8 U.S.C. 1101 et seq.), the Secretary 
of Homeland Security may not order an alien to be 
removed from the United States if the alien is in ex-
clusion, deportation, or removal proceedings under 
any provision of such Act and has applied for ad-
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justment of status under subsection (a) unless the 
Secretary has made a final determination to deny 
the application. 
(3) WORK AUTHORIZATION.— 
(A) 
IN
GENERAL.—The 
Secretary 
of 
Homeland Security may— 
(i) authorize an alien who has applied 
for adjustment of status under subsection 
(a) to engage in employment in the United 
States while a determination regarding 
such application is pending; and 
(ii) provide the alien with an ‘‘employ-
ment authorized’’ endorsement or other ap-
propriate document signifying authoriza-
tion of employment. 
(B) PENDING APPLICATIONS.—If an appli-
cation for adjustment of status under sub-
section (a) is pending for a period exceeding 
180 days and has not been denied, the Sec-
retary shall authorize such employment. 
(d) RECORD OF PERMANENT RESIDENCE.—Upon the 
approval of an alien’s application for adjustment of status 
under subsection (a), the Secretary of Homeland Security 
shall establish a record of the alien’s admission for perma-
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nent residence as of the date of the alien’s arrival in the 
United States. 
(e) AVAILABILITY OF ADMINISTRATIVE REVIEW.— 
The Secretary of Homeland Security shall provide appli-
cants for adjustment of status under subsection (a) with 
the same right to, and procedures for, administrative re-
view as are provided to— 
(1) applicants for adjustment of status under 
section 245 of the Immigration and Nationality Act 
(8 U.S.C. 1255); and 
(2) aliens subject to removal proceedings under 
section 240 of such Act (8 U.S.C. 1229a). 
(f) LIMITATION
ON JUDICIAL REVIEW.—A deter-
mination by the Secretary of Homeland Security regarding 
the adjustment of status of any alien under this section 
is final and shall not be subject to review by any court. 
(g) NO OFFSET IN NUMBER OF VISAS AVAILABLE.— 
The Secretary of State shall not be required to reduce the 
number of immigrant visas authorized to be issued under 
any provision of the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) to offset the adjustment of status 
of an alien who has been lawfully admitted for permanent 
residence pursuant to this section. 
(h) APPLICATION
OF IMMIGRATION
AND NATION-
ALITY ACT PROVISIONS.— 
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(1) DEFINITIONS.—Except as otherwise specifi-
cally provided in this Act, the definitions contained 
in the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.) shall apply in this section. 
(2) SAVINGS PROVISION.—Nothing in this Act 
may be construed to repeal, amend, alter, modify, ef-
fect, or restrict the powers, duties, function, or au-
thority of the Secretary of Homeland Security in the 
administration and enforcement of the Immigration 
and Nationality Act or any other law relating to im-
migration, nationality, or naturalization. 
(3) EFFECT OF ELIGIBILITY FOR ADJUSTMENT 
OF STATUS.—An alien’s eligibility to be lawfully ad-
mitted for permanent residence under this section 
shall not preclude the alien from seeking any status 
under any other provision of law for which the alien 
may otherwise be eligible. 
Æ 
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