Hong Konger Promise of Refuge Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5606 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5606

  To authorize the adjustment to lawful permanent resident status for 
  certain permanent residents of Hong Kong who were granted Deferred 
                          Enforced Departure.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 30, 2026

  Mr. Merkley introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To authorize the adjustment to lawful permanent resident status for 
  certain permanent residents of Hong Kong who were granted Deferred 
                          Enforced Departure.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hong Konger Promise of Refuge Act''.

SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN PERMANENT RESIDENTS OF HONG 
              KONG.

    Chapter 5 of title II of the Immigration and Nationality Act (8 
U.S.C. 1255 et seq.) is amended by inserting after section 245A the 
following:

``SEC. 245B. ADJUSTMENT OF STATUS FOR CERTAIN PERMANENT RESIDENTS OF 
              HONG KONG.

    ``(a) In General.--The Director of U.S. Citizenship and Immigration 
Services shall adjust the status of any individual who qualifies as a 
permanent resident of Hong Kong, regardless of country of birth, and 
who meets the conditions described in subsection (b) to that of an 
alien lawfully admitted for permanent residence.
    ``(b) Conditions.--An alien meets the conditions described in this 
subsection if the alien--
            ``(1) was granted Deferred Enforced Departure by a 
        Presidential Memorandum issued August 5, 2021 (relating to 
        Deferred Enforced Departure for Certain Hong Kong Residents), 
        or by the extension of such authority issued on January 26, 
        2023, or January 15, 2025;
            ``(2) has continuously resided in the United States since 
        January 15, 2025, except for authorized absences totaling not 
        more than 180 days in the aggregate;
            ``(3) has not returned to Hong Kong or the People's 
        Republic of China since such date;
            ``(4) has not been convicted of a felony or 2 or 
        misdemeanors committed in the United States;
            ``(5) is not subject to extradition; and
            ``(6) submits an application to the Director containing 
        such information as the Director may reasonably require not 
        later than 1 year after the date of the enactment of the Hong 
        Konger Promise of Refuge Act.
    ``(c) Family Members.--The spouse, children, and unmarried adult 
sons and daughters of an alien described in subsection (a) are eligible 
to adjust to lawful permanent resident status if they are not 
inadmissible under section 212(a) or deportable under section 237(a), 
except as provided in subsection (d).
    ``(d) Waiver of Certain Grounds of Inadmissibility and 
Deportability.--
            ``(1) Grounds of inadmissibility.--Paragraphs (4), (5), 
        (6)(A), (7), and (9)(B) of section 212(a) shall not apply to 
        aliens seeking adjustment of status under this section.
            ``(2) Grounds of deportability.--Paragraphs (3)(A) and (5) 
        of section 237(a) shall not apply to aliens seeking adjustment 
        of status under this section.
    ``(e) Work Authorization.--An alien who has submitted an 
application for adjustment of status under this section--
            ``(1) may not be subject to immigration detention, removal, 
        or removal proceedings while such application is pending; and
            ``(2) shall be authorized to engage in employment in the 
        United States through an `employment authorized' endorsement or 
        other appropriate work permit.
    ``(f) Cancellation of Removal; Effective Date.--If the status of an 
alien is adjusted to that of a lawful permanent resident under this 
section--
            ``(1) any prior removal orders to which such alien was 
        subject shall be cancelled; and
            ``(2) the effective date of such lawful permanent resident 
        status shall be the date on which the alien arrived in the 
        United States.''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting 
after the item relating to section 245A the following:

``Sec. 245B. Adjustment of status for certain permanent residents of 
                            Hong Kong.''.
    (b) Exemption From Numerical Limitations.--Section 201(b)(1)(C) of 
the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)(C)) is amended 
by striking ``or 245A'' and inserting ``, 245A, or 245B''.
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