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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>

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