Haitian Refugee Immigration Fairness Act of 2026

the alien has been subject. (ii) Denial.--If the Secretary makes a final decision to deny such application, any such order shall be effective and enforceable to the same extent that such order would be effective and enforceable if the application had not been made. (c) Aliens Eligible for Adjustment of Status.-- (1) In general.--The benefits provided under subsection (b) shall apply to any alien who-- (A)(i) is a national of Haiti; and (ii) has been continuously present in the United States during the period beginning on June 26, 2024, and ending on the date on which the alien submits an application under subsection (b); or (B) is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A). (2) Determination of continuous physical presence.--For purposes of establishing the period of continuous physical presence referred to in subparagraph (B), an alien shall not be considered to have failed to maintain continuous physical presence as a result of-- (A) one or more absences from the United States for one or more periods of time amounting, in the aggregate, to not more than 180 days; (B) travel authorized by the Secretary, including travel pursuant to advance parole; or (C) a departure, removal, or voluntary departure occurring on or after February 3, 2026, or on or after the effective date of any termination of temporary protected status for Haiti under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), whichever is earlier, and before the date of enactment of this Act, if the alien otherwise satisfied the requirements of this subsection prior to such departure or removal. (d) Stay of Removal.-- (1) In general.--The Secretary shall promulgate regulations establishing procedures by which an alien who is subject to a final order of deportation, removal, or exclusion, may seek a stay of such order based on the filing of an application under subsection (b). (2) During certain proceedings.-- (A) In general.--Except as provided in subparagraph (B), notwithstanding any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary or the Attorney General, as applicable, may not order an alien to be removed from the United States if the alien-- (i) is in exclusion, deportation, or removal proceedings under any provision of such Act; and (ii) has submitted an application for adjustment of status under subsection (b). (B) Exception.--The Secretary or the Attorney General, as applicable, may order an alien described in subparagraph (A) to be removed from the United States if the Secretary has made a final determination to deny the application for adjustment of status under subsection (b) of the alien. (3) Work authorization.-- (A) In general.--The Secretary may authorize an alien who has applied for adjustment of status under subsection (b) to engage in employment in the United States during the period in which a determination on such application is pending. (B) Pending applications.--If an application for adjustment of status under subsection (b) is pending for a period exceeding 180 days and has not been denied, the Secretary shall authorize employment for the applicable alien. (e) Record of Permanent Residence.--On the approval of an application for adjustment of status under subsection (b) of an alien, the Secretary shall establish a record of admission for permanent residence for the alien as of the date of the arrival of the alien in the United States. (f) Availability of Administrative Review.--The Secretary shall provide applicants for adjustment of status under subsection (b) with 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 (8 U.S.C. 1255); and (2) aliens subject to removal proceedings under section 240 of such Act (8 U.S.C. 1229a). (g) Judicial Review.-- (1) In general.--Judicial review of a final order of removal under this section shall be governed by section 242 of the Immigration and Nationality Act (8 U.S.C. 1252). (2) Rule of construction.--Nothing in paragraph (1) shall be construed to preclude the review of a constitutional claim or a question of law under section 242(a)(2)(D) of the Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(D)). (h) 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. (i) Application of Immigration and Nationality Act Provisions.-- (1) Savings provision.--Nothing in this Act may be construed to repeal, amend, alter, modify, effect, or restrict the powers, duties, function, or authority of the Secretary in the administration and enforcement of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) or any other law relating to immigration, nationality, or naturalization. (2) Effect of eligibility for adjustment of status.--The eligibility of an alien to be lawfully admitted 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. <all>