Hong Konger Promise of Refuge Act
- Sponsor
- Sen. Merkley, Jeff [D-OR]
- Committees
- Judiciary Committee (primary)
- Last action
- Sep 30, 2026
Bottom line
The Hong Konger Promise of Refuge Act creates a pathway to permanent residency for eligible Hong Kongers who have sought refuge in the U.S. under DED, offering them long-term stability and protection.
What it actually does
This bill authorizes the Director of U.S. Citizenship and Immigration Services (USCIS) to grant lawful permanent resident (LPR) status to certain permanent residents of Hong Kong who were previously granted Deferred Enforced Departure (DED). It establishes specific eligibility criteria, extends benefits to immediate family members, waives certain grounds of inadmissibility and deportability, and provides work authorization and protection from removal while applications are pending.
Proponents argue
Supporters argue this bill provides a necessary and humanitarian pathway to permanent residency for Hong Kongers fleeing political repression and the erosion of autonomy by the Chinese government. They contend it aligns with American values of offering refuge to those facing persecution and provides stability for individuals who have already established lives in the U.S. under DED, allowing them to fully contribute to society.
Opponents contend
Opponents might argue that this bill creates a new, potentially broad, pathway to citizenship outside of existing immigration frameworks, which could set an undesirable precedent or strain immigration resources. They may also raise concerns about the specific waivers of inadmissibility and deportability, suggesting they could compromise national security or public safety standards by circumventing standard vetting processes.
The bill is very concise, making it accessible for a quick read, though understanding its full implications requires familiarity with existing immigration law.
Section 2, inserting new Section 245B(a) and (b) into the Immigration and Nationality Act
Eligibility for Adjustment to Lawful Permanent Resident Status
This provision establishes that the Director of U.S. Citizenship and Immigration Services (USCIS) must adjust the status of eligible Hong Kong permanent residents to lawful permanent residence. Eligibility requires the individual to have been granted Deferred Enforced Departure (DED) by specific Presidential Memoranda (August 2021, January 2023, or January 2025), continuously resided in the U.S. since January 15, 2025 (with limited absences), not returned to Hong Kong or the People's Republic of China since that date, and not have certain criminal convictions or be subject to extradition. An application must be submitted within one year of the Act's enactment.
Supporters argue
Supporters argue this provision provides a clear, defined, and necessary pathway for a specific group facing unique circumstances, offering them long-term stability and certainty in the United States, consistent with humanitarian values.
Critics contend
Opponents may argue that the specific dates and conditions could be seen as arbitrary or that creating special pathways undermines the existing, comprehensive immigration processes and could lead to demands for similar carve-outs for other groups.
Tradeoffs
This provision balances the humanitarian imperative to protect individuals fleeing political repression with the desire to maintain structured and consistent immigration processes, potentially creating a precedent for future targeted relief.
Section 2, inserting new Section 245B(c)
Eligibility for Family Members
This provision extends eligibility for lawful permanent resident status to the spouse, children (unmarried and under 21), and unmarried adult sons and daughters of the principal alien adjusting status under this Act. These family members must not be inadmissible under section 212(a) or deportable under section 237(a), with specific waivers provided in subsection (d) of the new Section 245B.
Section 2, inserting new Section 245B(d)
Waivers for Certain Grounds of Inadmissibility and Deportability
This section specifies that certain grounds of inadmissibility (specifically paragraphs (4), (5), (6)(A), (7), and (9)(B) of section 212(a)) and deportability (specifically paragraphs (3)(A) and (5) of section 237(a)) under existing immigration law will not apply to aliens seeking adjustment of status under this Act. This means applicants will not be denied LPR status based on these specific issues, which include public charge, labor certification, lack of proper documentation, and certain prior immigration violations.
Section 2, inserting new Section 245B(e)
Interim Protections and Work Authorization
This provision ensures that any alien who has submitted an application for adjustment of status under this Act will not be subject to immigration detention, removal, or removal proceedings while their application is pending. Additionally, these applicants will be authorized to engage in employment in the United States through an 'employment authorized' endorsement or other appropriate work permit, providing them legal means to work during the processing period.
Section 2, inserting new Section 245B(f)
Cancellation of Removal and Effective Date of LPR Status
Upon successful adjustment to lawful permanent resident status under this Act, any prior removal orders to which such alien was subject will be cancelled. Furthermore, the effective date of their lawful permanent resident status will be retroactively set to the date on which the alien first arrived in the United States, which can have significant implications for future eligibility for naturalization and other benefits tied to the duration of LPR status.
Amends Section 201(b)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)(C)) by striking "or 245A" and inserting ", 245A, or 245B", thereby exempting individuals adjusting status under this Act from numerical limitations on immigrant visas.
Section 3(b)
Why it matters:This is standard legislative practice for ensuring new categories of immigrants, particularly those granted humanitarian relief, do not count against existing annual caps, which would otherwise limit the number of beneficiaries.
Case for: Supporters argue this ensures the humanitarian intent of the bill is not undermined by existing immigration quotas, allowing all eligible individuals to benefit without displacing other immigrant visa applicants or creating a bottleneck.
Case against: Opponents might argue that any new pathway to LPR status should be subject to numerical limitations to manage overall immigration levels and prevent unforeseen impacts on other visa categories, regardless of the humanitarian context.
Estimated impact: This provision ensures that the number of Hong Kongers granted LPR status under this Act is not restricted by annual visa caps, potentially allowing for a greater number of adjustments than if subject to such limitations, depending on the number of eligible DED holders.