Hong Kong People’s Freedom and Choice Act of 2021
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Hong Kong People's Freedom and Choice Act of 2021
This bill provides for temporary protected status (TPS) for qualifying Hong Kong residents and contains other immigration-related provisions.
Hong Kong shall be treated as a TPS-designated territory for 18 months starting from this bill's enactment. (Qualifying nationals of a TPS-designated territory or country may not be removed from the United States and shall have employment authorization while the designation is in effect.)
Furthermore, Hong Kong shall be treated as separate from China for the purposes of various numerical limitations on immigrant visas. (In the treaty that transferred sovereignty of Hong Kong to China, China pledged that Hong Kong "will enjoy a high degree of autonomy.")
The bill also establishes Priority Hong Kong Resident status for qualified individuals. To obtain such status, an individual must meet certain requirements, such as having resided in Hong Kong for at least ten years as of the day of this bill's enactment and not having citizenship in any jurisdiction other than China, Hong Kong, or Macau.
For seeking refugee status or asylum, a Priority Hong Kong Resident may establish a well-founded fear of persecution based on various factors, such as fear based on the individual's significant role in certain protests against China's encroachment into Hong Kong's autonomy. The Department of Homeland Security (DHS) or the Department of State may provide special immigrant status to an eligible Priority Hong Kong Resident with a bachelor's or graduate degree if DHS determines that doing so would provide a significant benefit to the United States.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on June 30, 2021. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on November 1, 2022: Referred to the Subcommittee on Immigration and Citizenship.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 117th Congress (2021-22), 362 of the 15,242 bills and joint resolutions introduced became law, about 2.4 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
Tom Malinowski (D-NJ) introduced it on June 30, 2021, and 27 members have since signed on as cosponsors.
They come from both major parties: 14 Democrats, 13 Republicans.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on June 30, 2021, 1898 days ago. The most recent recorded action was 1409 days ago, on November 1, 2022.
Measures do not carry over. Anything the 117th Congress has not finished by January 3, 2023 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers