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H.R. 8428 · 116th Congress

Hong Kong People’s Freedom and Choice Act of 2020

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IntroducedPassed one chamberPassed both chambersBecame law (gold)Resolution agreed to (full, dark)Failed or vetoed (gray)

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Passed the House without a recorded vote, then expired. It passed by voice vote or unanimous consent, which don't record how each member voted, but didn't become law before the 116th Congress ended.

  1. House Introduced Sep 29, 2020
  2. House Passed Dec 7, 2020

This bill provides for temporary protected status (TPS) and refugee status for qualifying Hong Kong residents and contains other immigration-related provisions.

What it does: CRS summary · Passed House · Dec 7, 2020

Hong Kong People's Freedom and Choice Act of 2020

This bill provides for temporary protected status (TPS) and refugee status for qualifying Hong Kong residents and contains other immigration-related provisions.

Hong Kong shall be treated as a TPS-designated country for 18 months starting from this bill's enactment. (Qualifying nationals of a TPS-designated 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. (Hong Kong is part of China but has a largely separate legal and economic system.)

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 the purposes of seeking refugee status or asylum, a Priority Hong Kong Resident (and certain family members of such an individual) may establish that the individual has a well-founded fear of persecution if the individual asserts such fear and (1) had a significant role in an organization that supported the 2019 or 2020 protests related to China's encroachment into Hong Kong's autonomy or the Hong Kong National Security Law enacted in 2020; or (2) was arrested, charged, detained, or convicted for participating in the nonviolent exercise of certain rights.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov

About this bill and sources

Official title: Hong Kong People's Freedom and Choice Act of 2020

Latest action (Dec 8, 2020): Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Policy area: Immigration · Origin: House · Introduced: Sep 29, 2020

Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)

  1. House Introduced Sep 29, 2020
  2. House Passed Dec 7, 2020

No recorded floor vote found.