Hong Kong People's Freedom and Choice Act of 2020

Bill: 116-hr-8428
Sponsor: Rep. Malinowski, Tom [D-NJ-7]
Introduced: 2020-09-29 in the House
Policy area: Immigration
Subjects: Alliances
Area studies and international education
Asia
Australia
Canada
China
Citizenship and naturalization
Congressional oversight
Cultural exchanges and relations
Detention of persons
Diplomacy, foreign officials, Americans abroad
Elections, voting, political campaign regulation
Europe
Hong Kong
Human rights
Immigration status and procedures
International exchange and broadcasting
International organizations and cooperation
Japan
News media and reporting
Oceania
Protest and dissent
Racial and ethnic relations
Refugees, asylum, displaced persons
Religion
South Korea
Sovereignty, recognition, national governance and status
Travel and tourism
United Kingdom
User charges and fees
Visas and passports

Summary:
action_date: 2020-09-29
text: 

Hong Kong People's Freedom and Choice Act of 2020

 
This bill provides for temporary protected status (TPS) and refugee status for qualifying Hong Kong residents and contains other immigration-related provisions.
 
Hong Kong shall be treated as a TPS-designated country for 18 months starting from this bill's enactment. (Qualifying nationals of a TPS-designated country may not be removed from the United States and shall have employment authorization while the designation is in effect.)
 
Furthermore, Hong Kong shall be treated as separate from China for the purposes of various numerical limitations on immigrant visas. (Hong Kong is part of China but has a largely separate legal and economic system.)
 
The bill also establishes Priority Hong Kong Resident status for qualified individuals. To obtain such status, an individual must meet certain requirements, such as having resided in Hong Kong for at least ten years and not having citizenship in any jurisdiction other than China, Hong Kong, or Macau. 
 
For the purposes of seeking refugee status or asylum, a Priority Hong Kong Resident (and certain family members of such an individual) may establish that the individual has a well-founded fear of persecution if the individual asserts such fear and (1) had a significant role in an organization that supported the 2019 or 2020 protests related to China's encroachment into Hong Kong's autonomy or the Hong Kong National Security Law enacted in 2020; or (2) was arrested, charged, detained, or convicted for participating in the nonviolent exercise of certain rights.

action_date: 2020-12-07
text: 

Hong Kong People's Freedom and Choice Act of 2020

 
This bill provides for temporary protected status (TPS) and refugee status for qualifying Hong Kong residents and contains other immigration-related provisions.
 
Hong Kong shall be treated as a TPS-designated country for 18 months starting from this bill's enactment. (Qualifying nationals of a TPS-designated country may not be removed from the United States and shall have employment authorization while the designation is in effect.)
 
Furthermore, Hong Kong shall be treated as separate from China for the purposes of various numerical limitations on immigrant visas. (Hong Kong is part of China but has a largely separate legal and economic system.)
 
The bill also establishes Priority Hong Kong Resident status for qualified individuals. To obtain such status, an individual must meet certain requirements, such as having resided in Hong Kong for at least ten years as of the day of this bill's enactment and not having citizenship in any jurisdiction other than China, Hong Kong, or Macau. 
 
For the purposes of seeking refugee status or asylum, a Priority Hong Kong Resident (and certain family members of such an individual) may establish that the individual has a well-founded fear of persecution if the individual asserts such fear and (1) had a significant role in an organization that supported the 2019 or 2020 protests related to China's encroachment into Hong Kong's autonomy or the Hong Kong National Security Law enacted in 2020; or (2) was arrested, charged, detained, or convicted for participating in the nonviolent exercise of certain rights.


Legislative actions:
action_date: 2020-12-08
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2020-12-07
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2020-12-07
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H6872-6874)
action_date: 2020-12-07
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H6872-6874)
action_date: 2020-12-07
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 8428.
action_date: 2020-12-07
text: Considered under suspension of the rules. (consideration: CR H6872-6877)
action_date: 2020-12-07
text: Mr. Engel moved to suspend the rules and pass the bill, as amended.
action_date: 2020-10-01
text: Ordered to be Reported by Voice Vote.
action_date: 2020-10-01
text: Committee Consideration and Mark-up Session Held.
action_date: 2020-09-29
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2020-09-29
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2020-09-29
text: Introduced in House
action_date: 2020-09-29
text: Introduced in House