119-hr1348

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1348 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1348

To authorize the Secretary of Homeland Security to adjust the status of 
 certain aliens who are nationals of Venezuela to that of aliens 
 lawfully admitted for permanent residence, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 13, 2025

 Mr. Soto (for himself, Ms. Salazar, Ms. Wasserman Schultz, and Ms. 
Wilson of Florida) introduced the following bill; which was referred to 
 the Committee on the Judiciary

_______________________________________________________________________

 A BILL

To authorize the Secretary of Homeland Security to adjust the status of 
 certain aliens who are nationals of Venezuela to that of aliens 
 lawfully admitted for permanent residence, and for other purposes.

 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 ``Venezuelan Adjustment Act''.

SEC. 2. VENEZUELAN REFUGEE IMMIGRATION FAIRNESS.

    (a) 

=== Definitions. ===
-In this section:

    (1) In general.--Except as otherwise specifically provided, 
 any term used in this Act that is used in the immigration laws 
 shall have the meaning given the term in the immigration laws.

    (2) Immigration laws.--The term ``immigration laws'' has 
 the meaning given the term in 

section 101

    (a)

    (17) of the 
 Immigration and Nationality Act (8 U.S.C. 1101

    (a)

    (17) ).

    (3) Secretary.--The term ``Secretary'' means the Secretary 
 of Homeland Security.

    (b) Adjustment of Status.--

    (1) In general.--Except as provided in paragraph

    (3) , the 
 Secretary shall adjust the status of an alien described in 
 subsection
            (c) to that of an alien lawfully admitted for 
 permanent residence if the alien--
        (A) applies for adjustment not later than 3 years 
 after the date of the enactment of this Act;
        (B) is otherwise eligible to receive an immigrant 
 visa; and
            (C) subject to paragraph

    (2) , is admissible to the 
 United States for permanent residence.

    (2) Applicability of grounds of inadmissibility.--In 
 determining the admissibility of an alien under paragraph

    (1)
            (C) , the grounds of inadmissibility specified in paragraphs

    (4) ,

    (5) ,

    (6)
        (A) , and

    (7)
        (A) of 

section 212

    (a) of the 
 Immigration and Nationality Act (8 U.S.C. 1182

    (a) ) shall not 
 apply.

    (3) Exceptions.--An alien shall not be eligible for 
 adjustment of status under this subsection if the Secretary 
 determines that the alien--
        (A) has been convicted of any aggravated felony;
        (B) has been convicted of two or more crimes 
 involving moral turpitude (other than a purely 
 political offense); or
            (C) has ordered, incited, assisted, or otherwise 
 participated in the persecution of any person on 
 account of race, religion, nationality, membership in a 
 particular social group, or political opinion.

    (4) Relationship of application to certain orders.--
        (A) In general.--An alien present in the United 
 States who has been subject to an order of exclusion, 
 deportation, removal, or voluntary departure under any 
 provision of the Immigration and Nationality Act (8 
 U.S.C. 1101 et seq.) may, notwithstanding such order, 
 submit an application for adjustment of status under 
 this subsection if the alien is otherwise eligible for 
 adjustment of status under paragraph

    (1) .
        (B) Separate motion not required.--An alien 
 described in subparagraph
        (A) shall not be required, as 
 a condition of submitting or granting an application 
 under this subsection, to file a separate motion to 
 reopen, reconsider, or vacate an order described in 
 subparagraph
        (A) .
            (C) Effect of decision by secretary.--
            (i) Grant.--If the Secretary adjusts the 
 status of an alien pursuant to an application 
 under this subsection, the Secretary shall 
 cancel any order described in subparagraph
        (A) to which the alien has been subject.
            (ii) Denial.--If the Secretary makes a 
 final decision to deny such application, any 
 such order shall be effective and enforceable 
 to the same extent that such order would be 
 effective and enforceable if the application 
 had not been made.
            (c) Aliens Eligible for Adjustment of Status.--

    (1) In general.--The benefits provided under subsection

    (b) shall apply to any alien who--
        (A)
            (i) is a national of Venezuela;
            (ii) entered the United States before or on 
 December 31, 2021; and
            (iii) has been continuously physically present in 
 the United States for not less than 1 year as of the 
 date on which the alien submits an application under 
 such subsection

    (b) ; or
        (B) is the spouse, child, or unmarried son or 
 daughter of an alien described in subparagraph
        (A) .

    (2) Determination of continuous physical presence.--For 
 purposes of establishing the period of continuous physical 
 presence referred to in paragraph

    (1)
        (A)
            (ii) , an alien shall 
 not be considered to have failed to maintain continuous 
 physical presence based on one or more absences from the United 
 States for one or more periods amounting, in the aggregate, to 
 not more than 180 days.
            (d) Stay of Removal.--

    (1) In general.--The Secretary shall promulgate regulations 
 establishing procedures by which an alien who is subject to a 
 final order of deportation, removal, or exclusion, may seek a 
 stay of such order based on the filing of an application under 
 subsection

    (b) .

    (2) During certain proceedings.--
        (A) In general.--Except as provided in subparagraph
        (B) , notwithstanding any provision of the Immigration 
 and Nationality Act (8 U.S.C. 1101 et seq.), the 
 Secretary may not order an alien to be removed from the 
 United States if the alien--
            (i) is in exclusion, deportation, or 
 removal proceedings under any provision of such 
 Act; and
            (ii) has submitted an application for 
 adjustment of status under subsection

    (b) .
        (B) Exception.--The Secretary may order an alien 
 described in subparagraph
        (A) to be removed from the 
 United States if the Secretary has made a final 
 determination to deny the application for adjustment of 
 status under subsection

    (b) of the alien.

    (3) Work authorization.--
        (A) In general.--The Secretary may--
            (i) authorize an alien who has applied for 
 adjustment of status under subsection

    (b) to 
 engage in employment in the United States 
 during the period in which a determination on 
 such application is pending; and
            (ii) provide such alien with an 
 ``employment authorized'' endorsement or other 
 appropriate document signifying authorization 
 of employment.
        (B) Pending applications.--If an application for 
 adjustment of status under subsection

    (b) is pending 
 for a period exceeding 180 days and has not been 
 denied, the Secretary shall authorize employment for 
 the applicable alien.

    (e) Record of Permanent Residence.--On the approval of an 
application for adjustment of status under subsection

    (b) of an alien, 
the Secretary shall establish a record of admission for permanent 
residence for the alien as of the date of the arrival of the alien in 
the United States.

    (f) Availability of Administrative Review.--The Secretary shall 
provide applicants for adjustment of status under subsection

    (b) with 
the same right to, and procedures for, administrative review as are 
provided to--

    (1) applicants for adjustment of status under 

section 245 
 of the Immigration and Nationality Act (8 U.S.C. 1255); and

    (2) aliens subject to removal proceedings under 

section 240 
 of such Act (8 U.S.C. 1229a).

    (g) Limitation on Judicial Review.--

    (1) In general.--A determination by the Secretary with 
 respect to the adjustment of status of any alien under this 
 section is final and shall not be subject to review by any 
 court.

    (2) Rule of construction.--Nothing in paragraph

    (1) shall 
 be construed to preclude the review of a constitutional claim 
 or a question of law under 

section 704 of title 5, United 
 States Code, with respect to a denial of adjustment of status 
 under this section.

    (h) No Offset in Number of Visas Available.--The Secretary of State 
shall not be required to reduce the number of immigrant visas 
authorized to be issued under any provision of the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.) to offset the adjustment of 
status of an alien who has been lawfully admitted for permanent 
residence pursuant to this section.
            (i) Application of Immigration and Nationality Act Provisions.--

    (1) Savings provision.--Nothing in this Act may be 
 construed to repeal, amend, alter, modify, effect, or restrict 
 the powers, duties, function, or authority of the Secretary in 
 the administration and enforcement of the Immigration and 
 Nationality Act (8 U.S.C. 1101 et seq.) or any other law 
 relating to immigration, nationality, or naturalization.

    (2) Effect of eligibility for adjustment of status.--The 
 eligibility of an alien to be lawfully admitted for permanent 
 residence under this section shall not preclude the alien from 
 seeking any status under any other provision of law for which 
 the alien may otherwise be eligible.
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