Haitian Refugee Immigration Fairness Act of 2026

Path to Permanent Residence: Certain Haitian nationals and their qualified family members can adjust their status to become lawful permanent residents (Section 2(b)(1) and Section 2(c)(1)).

Relief from Specific Inadmissibility Grounds: The bill prevents certain grounds of inadmissibility from being used to block an application for adjustment of status (Section 2(b)(2)).

Simplified Legal Processes: Individuals subject to existing orders of exclusion, deportation, or removal can apply for adjustment of status without being required to file a separate motion to reopen or vacate those orders (Section 2(b)(4)).

Protection from Removal: While an application for adjustment of status is pending, the Secretary or Attorney General may not order an individual to be removed from the United States (Section 2(d)(2)).

Work Authorization: Individuals who have applied for adjustment of status may be authorized to work in the United States while their application is pending; specifically, if a case is pending for more than 180 days and not denied, the Secretary shall authorize employment (Section 2(d)(3)).

Flexibility in Physical Presence: The bill allows for certain absences, such as those totaling up to 180 days, without breaking the requirement for continuous physical presence (Section 2(c)(2)(A)).

Criminal Ineligibility: Individuals are ineligible for adjustment of status if they have been convicted of an aggravated felony, two or more crimes involving moral turpitude, or have participated in persecution (Section 2(b)(3)).

Risk of Removal upon Denial: If a final decision is made to deny an application for adjustment of status, any existing removal orders remain effective and enforceable (Section 2(b)(4)(C)(ii)).

Time Constraints on Applications: To be eligible for adjustment of status, an alien must apply no later than 3 years after the date of the Act's enactment (Section 2(b)(1)(A)).