Haitian Refugee Immigration Fairness Act of 2026
Sponsored By: Representative Wilson, Frederica S. [D-FL-24]
Introduced
Summary
Creates a temporary pathway to lawful permanent residency for certain Haitian nationals. It would let eligible Haitian nationals and some immediate family members apply to adjust status under special, waiver-based rules in immigration law.
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- Haitian nationals and families. Eligible Haitian nationals who have continuously resided in the United States since June 26, 2024 could apply within 3 years after enactment. Spouses, children, and unmarried sons or daughters of eligible nationals may also qualify.
- People with removal orders. Individuals subject to exclusion, deportation, removal, or voluntary departure orders could file for adjustment without filing a separate motion. The bill generally bars removal while an application is pending and cancels a related order if adjustment is granted.
- Application rights and benefits. The measure authorizes work permission during the pendency of an application and requires automatic employment authorization if a pending application is unresolved after 180 days. If approved, the Secretary would record admission for permanent residence as of the applicant's U.S. arrival, and the State Department would not have to reduce immigrant visas to offset these adjustments.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 0 costs, 2 mixed.
Pathway to green cards for Haitians
If enacted, Haitian nationals who have been physically present in the U.S. since June 26, 2024 would be able to apply to adjust to lawful permanent resident status within 3 years after enactment. Spouses, children, and unmarried sons or daughters of eligible Haitians would also be able to apply. Short absences totaling up to 180 days, travel authorized by the Secretary (including advance parole), and certain departures on or after February 3, 2026 would not break the continuous-presence requirement. Several specified INA inadmissibility grounds (INA 212(a) paragraphs (4), (5), (6)(A), (7)(A), and (9)) would not apply for admissibility under this pathway. However, applicants convicted of any aggravated felony, convicted of two or more crimes involving moral turpitude (other than a purely political offense), or who participated in persecution would be disqualified. If approved, the Secretary would record permanent residence as of the applicant's arrival date, and the State Department would not have to reduce immigrant visa numbers to offset these adjustments.
Work authorization for Haitian applicants
If enacted, the Secretary would be able to authorize applicants under this adjustment pathway to work while their application is pending. The Secretary would be required to grant employment authorization automatically if an application has been pending more than 180 days and has not been denied. This would let eligible applicants earn income legally while they wait for a decision.
Protection for Haitians with orders
If enacted, people in the U.S. subject to an order of exclusion, deportation, removal, or voluntary departure would be able to file an adjustment application under this section despite that order. They would not have to file a separate motion to reopen, reconsider, or vacate to seek adjustment. The Secretary generally could not remove an applicant while the application is pending, and must issue rules to allow stays of removal based on filing such an application. If the Secretary grants adjustment, the existing order would be canceled; if the application is finally denied, the underlying order would remain in effect. Applicants would get the same administrative and judicial review rights as applicants under INA 245 and INA 240, with judicial review governed by INA 242.
Sponsors & CoSponsors
Sponsor
Wilson, Frederica S. [D-FL-24]
FL • D
Cosponsors
Rep. Jackson, Jonathan L. [D-IL-1]
IL • D
Sponsored 6/25/2026
Rep. Bell, Wesley [D-MO-1]
MO • D
Sponsored 6/25/2026
Rep. Brown, Shontel M. [D-OH-11]
OH • D
Sponsored 6/25/2026
Rep. Carson, André [D-IN-7]
IN • D
Sponsored 6/25/2026
Rep. Clarke, Yvette D. [D-NY-9]
NY • D
Sponsored 6/25/2026
Rep. Davis, Danny K. [D-IL-7]
IL • D
Sponsored 6/25/2026
Rep. Figures, Shomari [D-AL-2]
AL • D
Sponsored 6/25/2026
Rep. Frost, Maxwell [D-FL-10]
FL • D
Sponsored 6/25/2026
Rep. Moore, Gwen [D-WI-4]
WI • D
Sponsored 6/25/2026
Rep. Wasserman Schultz, Debbie [D-FL-25]
FL • D
Sponsored 6/25/2026
Rep. Waters, Maxine [D-CA-43]
CA • D
Sponsored 6/25/2026
Rep. Krishnamoorthi, Raja [D-IL-8]
IL • D
Sponsored 7/21/2026
Rep. Moulton, Seth [D-MA-6]
MA • D
Sponsored 7/21/2026
Del. Norton, Eleanor Holmes [D-DC-At Large]
DC • D
Sponsored 7/21/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov