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S. 5606Senate119th Congress (2025-2027)In Committee

Hong Konger Promise of Refuge Act

A bill to authorize the adjustment to lawful permanent resident status for certain permanent residents of Hong Kong who were granted Deferred Enforced Departure.

Sponsored by Jeff MerkleySen. Jeff Merkley (D-OR)
Introduced September 30, 2026

AI-Generated Summary

Updated October 8, 2026 at 3:12 AM UTC

The Hong Konger Promise of Refuge Act creates a new pathway for certain Hong Kong residents who were given Deferred Enforced Departure (DED) to become lawful permanent residents of the United States. It applies to those who have lived continuously in the U.S. since Jan. 15, 2025, meet specific eligibility criteria, and submit an application within one year of the law’s enactment.

Key Provisions

  • Adds a new Section 245B that lets eligible Hong Kong DED recipients adjust to permanent‑resident status.
  • Eligibility requires DED under the 2021 presidential memorandum (or its 2023/2025 extensions), continuous U.S. residence since Jan. 15, 2025 (with ≤180 days of authorized travel), no return to Hong Kong or China, no felony or two misdemeanors, and not being subject to extradition.
  • Spouses, children, and unmarried adult children of eligible individuals can also adjust, unless they are inadmissible or deportable under other immigration grounds.
  • Waives several inadmissibility (212(a)) and deportability (237(a)) grounds for applicants.
  • Provides work authorization and protects applicants from detention or removal while their adjustment application is pending.
  • Cancels any prior removal orders and retroactively sets the permanent‑resident effective date to the applicant’s original U.S. entry.
  • Amends the Immigration and Nationality Act’s table of contents and removes the new category from numerical caps on green cards.

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

September 30, 2026

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SenateIntro Referral

Introduced in Senate

September 30, 2026

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

September 30, 2026

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Introduced in SenateIssued September 30, 2026

II

119th CONGRESS

2d Session

S. 5606

IN THE SENATE OF THE UNITED STATES

September 30, 2026

Mr. Merkley introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To authorize the adjustment to lawful permanent resident status for certain permanent residents of Hong Kong who were granted Deferred Enforced Departure.

1.

Short title

This Act may be cited as the Hong Konger Promise of Refuge Act.

2.

Adjustment of status for certain permanent residents of Hong Kong

Chapter 5 of title II of the Immigration and Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:

245B.

Adjustment of status for certain permanent residents of Hong Kong

(a)

In general

The Director of U.S. Citizenship and Immigration Services shall adjust the status of any individual who qualifies as a permanent resident of Hong Kong, regardless of country of birth, and who meets the conditions described in subsection (b) to that of an alien lawfully admitted for permanent residence.

(b)

Conditions

An alien meets the conditions described in this subsection if the alien—

(1)

was granted Deferred Enforced Departure by a Presidential Memorandum issued August 5, 2021 (relating to Deferred Enforced Departure for Certain Hong Kong Residents), or by the extension of such authority issued on January 26, 2023, or January 15, 2025;

(2)

has continuously resided in the United States since January 15, 2025, except for authorized absences totaling not more than 180 days in the aggregate;

(3)

has not returned to Hong Kong or the People's Republic of China since such date;

(4)

has not been convicted of a felony or 2 or misdemeanors committed in the United States;

(5)

is not subject to extradition; and

(6)

submits an application to the Director containing such information as the Director may reasonably require not later than 1 year after the date of the enactment of the Hong Konger Promise of Refuge Act.

(c)

Family members

The spouse, children, and unmarried adult sons and daughters of an alien described in subsection (a) are eligible to adjust to lawful permanent resident status if they are not inadmissible under section 212(a) or deportable under section 237(a), except as provided in subsection (d).

(d)

Waiver of certain grounds of inadmissibility and deportability

(1)

Grounds of inadmissibility

Paragraphs (4), (5), (6)(A), (7), and (9)(B) of section 212(a) shall not apply to aliens seeking adjustment of status under this section.

(2)

Grounds of deportability

Paragraphs (3)(A) and (5) of section 237(a) shall not apply to aliens seeking adjustment of status under this section.

(e)

Work authorization

An alien who has submitted an application for adjustment of status under this section—

(1)

may not be subject to immigration detention, removal, or removal proceedings while such application is pending; and

(2)

shall be authorized to engage in employment in the United States through an employment authorized endorsement or other appropriate work permit.

(f)

Cancellation of removal; effective date

If the status of an alien is adjusted to that of a lawful permanent resident under this section—

(1)

any prior removal orders to which such alien was subject shall be cancelled; and

(2)

the effective date of such lawful permanent resident status shall be the date on which the alien arrived in the United States.

.

3.

Conforming amendments

(a)

Clerical amendment

The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 245A the following:

Sec. 245B. Adjustment of status for certain permanent residents of Hong Kong.

.

(b)

Exemption from numerical limitations

Section 201(b)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)(C)) is amended by striking or 245A and inserting , 245A, or 245B.