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S5606119th Congress

Hong Konger Promise of Refuge Act

Sponsored By: Senator Merkley, Jeff [D-OR]

Introduced

Summary

Creates a mandatory pathway to lawful permanent residence for Hong Kong residents granted Deferred Enforced Departure. This bill would let qualifying DED recipients apply to adjust to lawful permanent resident status under defined residency, conduct, and filing deadlines.

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  • Eligible Hong Kong DED recipients: Would be able to adjust if they were granted DED under the Aug 5, 2021 memorandum or later extensions, have continuously resided in the U.S. since Jan 15, 2025 with limited absences, meet criminal and extradition standards, and file within one year of enactment.
  • Family members: Spouses, children, and unmarried adult sons and daughters of eligible individuals may also adjust if they are not barred by specified inadmissibility or deportability grounds.
  • Process protections and numerical treatment: Applicants would be protected from detention or removal while the application is pending and would receive work authorization. Granting adjustment cancels prior removal orders and backdates LPR status to arrival, and the bill adds INA section 245B and treats it like 245A for visa numerical limits.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Permanent residency path for Hong Kongers

If enacted, the bill would require USCIS to adjust the status of qualifying Hong Kong permanent residents to lawful permanent resident (green card) if they were granted Deferred Enforced Departure on August 5, 2021 or under extensions on January 26, 2023 or January 15, 2025. Applicants would have to have lived in the United States continuously since January 15, 2025, with authorized absences totaling no more than 180 days, and must not have returned to Hong Kong or the People’s Republic of China since that date. Applicants would also have to have no U.S. felony or two-or-more misdemeanor convictions, not be subject to extradition, and file an application with USCIS within one year after enactment. Spouses, children, and unmarried adult sons or daughters would be able to adjust status under the bill unless barred by specified admissibility or deportability rules; applicants would be protected from detention, removal, and removal proceedings while the application is pending and would be authorized to work. If adjustment is granted, prior removal orders would be canceled, permanent resident status would be effective as of the applicant's U.S. arrival date, and these adjustments would be exempt from numerical per-country caps.

Sponsors & CoSponsors

Sponsor

Merkley, Jeff [D-OR]

OR • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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