Hong Konger Promise of Refuge Act
- Sponsor
- Rep. McGovern, James P. [D-MA-2]
- Committees
- Judiciary Committee (primary)
- Last action
- Oct 1, 2026
Bottom line
The bill provides a permanent immigration pathway for Hong Kong residents who have sought refuge in the United States under Deferred Enforced Departure.
What it actually does
This bill establishes a pathway to lawful permanent resident (LPR) status for certain permanent residents of Hong Kong who were granted Deferred Enforced Departure (DED) by Presidential memoranda. It outlines specific eligibility criteria, including continuous residency and a clean criminal record, and extends eligibility to immediate family members. The bill also waives certain grounds of inadmissibility and deportability, provides work authorization during the application process, and cancels prior removal orders upon adjustment of status.
Proponents argue
Supporters argue that this bill honors the United States' commitment to human rights and democratic values by providing a safe haven for Hong Kongers fleeing political repression and the erosion of autonomy by the People's Republic of China. They contend it is a necessary humanitarian measure to protect individuals who have demonstrated continuous residency and adherence to U.S. laws, offering them stability and security.
Opponents contend
Critics may raise concerns about the precedent of converting temporary humanitarian statuses like DED into permanent residency pathways, arguing it could encourage future migrations or bypass established immigration processes. Some may also express general concerns about increasing the number of lawful permanent residents without a comprehensive review of overall immigration levels or potential impacts on national security, despite the specific eligibility requirements.
The bill is very short and can be read quickly, allowing ample time for detailed consideration of its implications.
Section 245B(a)-(b) of the Immigration and Nationality Act
Adjustment of Status Eligibility for Hong Kong DED Recipients
This provision authorizes the Director of U.S. Citizenship and Immigration Services to grant lawful permanent resident (LPR) status to individuals who were permanent residents of Hong Kong, regardless of their country of birth, and who received Deferred Enforced Departure (DED) under specific Presidential memoranda issued in 2021, 2023, or 2025. To qualify, individuals must have continuously resided in the U.S. since January 15, 2025 (with limited absences), not returned to Hong Kong or China since that date, have no felony or two or more misdemeanor convictions, not be subject to extradition, and apply within one year of the bill's enactment.
Supporters argue
Supporters argue this provision provides a crucial and deserved pathway to permanence for individuals who have already been granted temporary protection due to the deteriorating political situation in Hong Kong. They emphasize the humanitarian aspect and the importance of offering stability to those who cannot safely return home.
Critics contend
Some critics might argue that creating specific pathways for DED recipients could set a precedent for other groups, potentially expanding the scope of immigration beyond existing frameworks. They may also express concerns about the administrative burden on immigration agencies.
Tradeoffs
This provision balances the humanitarian goal of protecting vulnerable populations with concerns about the structure and scope of U.S. immigration law. It aims to provide a permanent solution for a specific group while navigating broader debates about immigration policy.
Section 245B(c) of the Immigration and Nationality Act
Family Member Eligibility for Adjustment of Status
This section extends eligibility for lawful permanent resident status to the spouse, children, and unmarried adult sons and daughters of an alien who qualifies for adjustment under subsection (a). These family members must not be inadmissible or deportable under general immigration law, with certain exceptions specified in the bill.
Section 245B(d) of the Immigration and Nationality Act
Waiver of Certain Grounds of Inadmissibility and Deportability
This provision waives specific grounds of inadmissibility and deportability that would otherwise prevent eligible Hong Kong residents and their family members from adjusting to LPR status. Specifically, it waives grounds related to public charge (212(a)(4)), labor certification and certain foreign medical graduates (212(a)(5)), certain documentation requirements (212(a)(6)(A), (7)), and unlawful presence after previous immigration violations (212(a)(9)(B)). For deportability, it waives grounds related to security and related grounds (237(a)(3)(A)) and public charge (237(a)(5)).
Section 245B(e) of the Immigration and Nationality Act
Work Authorization and Protection During Application
This provision ensures that any alien who has submitted an application for adjustment of status under this section will not be subject to immigration detention, removal, or removal proceedings while their application is pending. Additionally, these applicants will be authorized to work in the United States through an appropriate work permit.
Section 3(b) of the bill
Exemption from Numerical Immigration Limitations
This provision amends Section 201(b)(1)(C) of the Immigration and Nationality Act to explicitly exempt individuals whose status is adjusted under this bill (Section 245B) from numerical limitations on immigration. This means that the number of Hong Kong residents granted LPR status under this Act will not count against the annual caps set for other categories of immigrants.
If an alien's status is adjusted to lawful permanent resident under this section, the effective date of their LPR status shall be the date on which the alien arrived in the United States.
Section 245B(f)(2) of the Immigration and Nationality Act
Why it matters:This is a standard legislative practice for technical details related to the effective date of status changes, rather than an attempt to obscure the provision.
Case for: Proponents argue that making the LPR status retroactive to the date of arrival provides greater legal continuity and potentially allows individuals to accrue time towards naturalization more quickly, recognizing their long-term presence and contributions to the U.S.
Case against: Critics might argue that granting retroactive LPR status could create administrative complexities or set a precedent for other immigration categories, potentially blurring the lines between temporary presence and permanent residency.
Estimated impact: This provision primarily impacts the individual's legal timeline for naturalization and other benefits tied to the start date of LPR status.