Senator Jeff Merkley and Representative James McGovern have introduced companion bills — S. 5606 in the Senate and H.R. 10685 in the House — that would let certain Hong Kong residents protected by Deferred Enforced Departure apply for lawful permanent residence. Both measures stand referred to the Judiciary Committees; they are introduced bills, not law.
A new U.S. proposal would replace temporary protection with a possible route to permanent status for a defined group of Hong Kong residents already in the United States.
On October 6, 2026, Senator Jeff Merkley and Representative James McGovern announced the Hong Konger Promise of Refuge Act. Their joint release says the measure is intended for Hong Kong residents who fled political repression and are living in the United States under Deferred Enforced Departure, or DED.
The filed text is narrow. It would direct U.S. Citizenship and Immigration Services to adjust the status of qualifying applicants to lawful permanent residence. Eligibility would be tied to DED granted under the August 5, 2021 presidential memorandum or the January 26, 2023 and January 15, 2025 extensions.
The draft would also require continuous U.S. residence since January 15, 2025, apart from authorized absences totaling no more than 180 days. Applicants could not have returned to Hong Kong or the People’s Republic of China after that date. The text excludes people convicted of a felony or two or more U.S. misdemeanors and people subject to extradition.
Applications would have to be filed within one year after enactment. The proposal would extend eligibility to spouses, children and unmarried adult sons and daughters, subject to the bill’s admissibility provisions. While an application is pending, the applicant could not be placed in immigration detention, removal or removal proceedings and would be eligible for work authorization.
Those protections are proposals, not current law. Senator Merkley introduced S. 5606 on September 30, 2026; the bill was read twice and referred to the Senate Committee on the Judiciary. Representative McGovern introduced the House companion, H.R. 10685, on October 1, 2026, and it was referred to the House Committee on the Judiciary. Neither measure has been enacted.
The immediate policy context is DED. Merkley and McGovern say the current protection for Hong Kong residents is scheduled to expire on February 5, 2027. Their proposal would create a statutory route for eligible people rather than depend only on another executive extension.
The distinction matters: announcement is not enactment, DED is not permanent residence, and eligibility under a future law would still require an application and statutory screening. The verified text supports reporting the proposed pathway, but not promising status to any individual.
Related coverage: Hong Konger Promise of Refuge Act Introduced: Green-Card Path for 3,000 Hong Kongers Facing DED Expiry (October 14, 2026).
Sources
- Sponsor release, Merkley and McGovern, October 6, 2026: merkley.senate.gov
- Hong Konger Promise of Refuge Act, filed bill text (sponsor-linked PDF): merkley.senate.gov
- S. 5606, introduction and referral to the Senate Committee on the Judiciary, Congressional Record, September 30, 2026: govinfo.gov
- H.R. 10685, official text (proposed INA Sec. 245B), U.S. Government Publishing Office: govinfo.gov
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