H.R. 7608 — Southeast Asian Deportation Relief Act of 2026

This section states congressional findings on the history of U.S. military involvement in Cambodia, Laos, and Vietnam (1954-1975); refugee resettlement of over 1.2 million individuals from those countries (1975-2008), including 2,182,735 Vietnamese Americans, 338,637 Cambodian Americans, 254,304 Laotian Americans, and 326,843 Hmong Americans per the 2019 American Community Survey; health and socioeconomic challenges faced by these communities; disproportionate criminal justice involvement of Southeast Asian youth in the 1990s; and deportation risks for approximately 15,000 long-term Southeast Asian residents with final removal orders, including over 1,000 Cambodian deportations since the 2002 U.S.-Cambodia Repatriation Agreement.

This section prohibits the detention or removal, on or after the date of enactment, of aliens subject to a removal order who are nationals of Cambodia, Laos, or Vietnam, entered the United States on or before January 1, 2008, and have continuously resided in the United States since entry. The section directs the Secretary of Homeland Security to authorize such aliens to engage in employment in the United States indefinitely through 5-year "employment authorized" endorsements or work permits that may be renewed any number of times. The section further permits such aliens under supervision pursuant to INA §241(a)(3) (8 U.S.C. §1231(a)(3)) to satisfy periodic identification requirements, upon application to the Secretary, through virtual appearances before an immigration officer not more frequently than once every 5 years (instead of periodic in-person appearances).

This section requires the Attorney General to grant motions to reopen or reconsider removal proceedings under INA §240(c)(6) or (7) (8 U.S.C. 1229a(c)) for nationals of Cambodia, Laos, or Vietnam who, between April 24, 1996, and enactment, were ordered removed, deported, or excluded or departed under voluntary departure (8 U.S.C. 1229c), and who demonstrate they would not have been subject to detention or removal under this Act if it had applied then (except sec. 3(a)(3)). Upon reopening, the Attorney General must terminate proceedings with prejudice, vacate pre-enactment removal orders, and deem such aliens as never removed, deported, excluded, departed voluntarily, or failed to depart, for all INA purposes (8 U.S.C. 1101 et seq.). This section further (1) bars denial of such motions for lack of prior applications or previous motions to reopen or reconsider; (2) waives INA §240(c) deadlines (8 U.S.C. 1229a(c)(6)(B), (7)(C)(i)); (3) directs the Secretary of Homeland Security, with the Secretary of State, to provide government-funded transportation, travel documents, and admission or parole for return to the U.S. for proceedings; and (4) provides that prior removal, etc., does not toll physical presence requirements for cancellation of removal (8 U.S.C. 1229b) or other relief. Finally, this section authorizes de novo judicial review of motion denials in the federal district court for the applicant's residence or last known U.S. address, notwithstanding other INA provisions (8 U.S.C. 1101 et seq.).

This section directs the Secretary of Homeland Security, not later than 60 days after enactment, to provide notice of this Act's provisions to each alien described in section 3(a)—and, to the extent practicable, to each alien described in section 4(a)—who are certain nationals of Cambodia, Laos, or Vietnam with removal orders. The notice must explain the requirements and instructions for filing a motion to reconsider or reopen removal proceedings under INA §240(c)(6) and (7) (8 U.S.C. §1229a(c)) and section 4 of this Act.

This section authorizes an individual or entity harmed by a violation of the Act to seek declaratory or injunctive relief in a U.S. district court, notwithstanding any other provision of law. It clarifies that such an action may proceed as a class action (i.e., any civil action filed in federal district court under Federal Rule of Civil Procedure 23 or any similar state-filed action removed to federal court).