HRIFA Improvement Act of 2004 - Amends the Haitian Refugee Immigration Fairness Act of 1998 (HRIFA) to require determinations regarding derivative status for the children of qualifying Haitians to be made using the age of the child as of October 21, 1998. Authorizes parents or guardians of children seeking derivative status to file an adjustment application on the child's behalf if the child is physically present in the United States on the date of filing.
Authorizes the Secretary of Homeland Security or the Attorney General to waive grounds of inadmissibility not specified in HRIFA for humanitarian purposes, to assure family unity, or when otherwise in the public interest, with the exception of those grounds related to controlled substances trafficking and certain security and related matters.
Permits qualifying Haitians seeking benefits pursuant to this Act to file new status adjustment applications and motions to reopen. Extends to those who file the same protection from exclusion, deportation, removal, or enforcement of a voluntary departure order as currently applies to HRIFA beneficiaries.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 3006 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 3006
To amend the Haitian Refugee Immigration Fairness Act of 1998.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 18, 2004
Mr. Graham of Florida introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Haitian Refugee Immigration Fairness Act of 1998.
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 ``HRIFA Improvement Act of 2004''.
SEC. 2. AMENDMENTS TO HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998.
(a) Determination With Respect to Children.--Section 902(d) of the
Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 note)
is amended by adding at the end the following:
``(3) Determinations with respect to children.--
``(A) Age-out protection.--Determinations made
under this subsection as to whether an alien is a child
of a parent shall be made using the age and status of
the alien on October 21, 1998.
``(B) Application submission by parent.--
Notwithstanding paragraph (1)(C), an application filed
under this subsection based on an alien's status as a
child may be filed for the benefit of such child by a
parent or guardian of the child, if the child is
physically present in the United States on such filing
date.''.
(b) Waiver of Certain Grounds for Exclusion.--Section 902 of the
Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 note)
is amended in subsections (a)(1)(B) and (d)(1)(D) by striking the
period at the end and inserting ``, and the Secretary of Homeland
Security or the Attorney General, where applicable, may waive any other
provision of such section (other than paragraph (2)(C) or subparagraph
(A), (B), (C), or (E) of paragraph (3)) with respect to such an alien
for humanitarian purposes, to assure family unity, or when it is
otherwise in the public interest.''.
SEC. 3. NEW APPLICATIONS AND MOTIONS TO REOPEN.
(a) New Applications.--Notwithstanding section 902(a)(1)(A) of the
Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 note),
an alien who is eligible for adjustment of status under that Act, as
amended by section 2, may submit an application for adjustment of
status under that Act not later than the later of--
(1) 2 years after the date of enactment of this Act; or
(2) 1 year after the date on which final regulations
implementing this Act are promulgated.
(b) Motions to Reopen.--The Secretary of Homeland Security shall
establish procedures for the reopening and reconsideration of
applications for adjustment of status under the Haitian Refugee
Immigration Fairness Act of 1998 (8 U.S.C. 1255 note) that are affected
by the amendments made by section 2.
(c) Relationship of Application to Certain Orders.--Section
902(a)(3) of the Haitian Refugee Immigration Fairness Act of 1998 (8
U.S.C. 1255 note) shall apply to an alien present in the United States
who has been ordered excluded, deported, removed, or ordered to depart
voluntarily, and who files an application under subsection (a) or a
motion under subsection (b), in the same manner as such section
902(a)(3) applied to aliens who filed applications for adjustment of
status under that Act before April 1, 2000.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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