Haitian Refugee Immigration Fairness Act of 2026

This bill allows certain Haitian nationals who have been continuously present in the United States since June 26, 2024, to apply for lawful permanent residence (a green card) within three years of the bill's enactment. It also covers their spouses, children, and unmarried sons and daughters. The bill waives some grounds of inadmissibility, provides protections against removal while an application is pending, and allows work authorization during the process.

Sec. 2, Haitian Refugee Immigration Fairness: Defines key terms, including the Secretary of Homeland Security and the Attorney General.

Sec. 2(b), Adjustment of Status: The Secretary must adjust the status of eligible Haitians to permanent resident if they apply within three years and are admissible. Certain grounds of inadmissibility (like public charge or lack of documents) are waived. Exceptions include those convicted of an aggravated felony, two or more crimes involving moral turpitude, or who participated in persecution. Applicants with existing removal orders can still apply without reopening their case; if granted, the order is canceled; if denied, the order is enforced.

Sec. 2(c), Aliens Eligible for Adjustment of Status: Eligible aliens are Haitian nationals continuously present in the U.S. from June 26, 2024, through the application date, and their immediate family members. Brief absences (up to 180 days total) or authorized travel do not break continuous presence. Departures after February 3, 2026, or after TPS for Haiti ends (whichever is earlier) but before the bill's enactment may be excused if the alien otherwise qualified.

Sec. 2(d), Stay of Removal: The Secretary must create rules for stays of removal based on a pending application. During proceedings, removal is generally barred while an application is pending, unless the application is finally denied. The Secretary may grant work authorization; if the application is pending over 180 days without denial, work authorization is mandatory.

Sec. 2(e), Record of Permanent Residence: Upon approval, the Secretary records the alien's permanent residence as of the date they arrived in the U.S.

Sec. 2(f), Availability of Administrative Review: Applicants get the same administrative review rights as those under standard adjustment of status and removal proceedings.

Sec. 2(g), Judicial Review: Court review of final removal orders follows standard immigration law, including review of constitutional claims or legal questions.

Sec. 2(h), No Offset in Number of Visas Available: The State Department does not have to reduce other immigrant visas to offset green cards issued under this bill.

Sec. 2(i), Application of Immigration and Nationality Act Provisions: The bill does not change the Secretary's existing immigration enforcement powers. Eligibility for this status does not prevent an alien from seeking other legal status.