Key Legislation
True Immigration Reform Resolution (H. Res. 1026)
On Thursday, January 21, Congressman Jason Chaffetz (R-Utah), along
with Congressmen Duncan Hunter (R-Cal.), Frank Kratovil (D-Mar.), and
Glenn Nye (D-Vir.), introduced a bipartisan resolution (
H. Res. 1026)
in the U.S. House of Representatives calling on Members of Congress to
support commonsense immigration reform. The resolution states that it is
the sense of the House of Representatives that: (1) E-Verify should be
mandatory, and that worksite enforcement policies should hold both
employers and illegal employees responsible for violations of
immigration law; (2) installing and sustaining border security
infrastructure and manpower is a critical responsibility of the federal
government; and (3) any immigration reform Congress adopts should not
grant amnesty to, or confer legal status upon, illegal aliens in the
United States. To send a fax to your Representative in support of the
Chaffetz resolution, click
here.
The Secure America through Verification and Enforcement (SAVE) Act (H.R. 3308, S. 1505)
Sponsored by Representative Heath Shuler (D-N.C.) and Senator Mark
Pryor (D-Ark.), the "Secure America through Verification and Enforcement
(
SAVE) Act" (
H.R. 3308,
S. 1505)
is bipartisan legislation that would take a significant step towards
true immigration reform. Specifically, the SAVE Act would strengthen
border security by providing for increases in Border Patrol personnel,
fencing, and technology. Additionally, the legislation would expand
E-Verify and make it mandatory for all employers. Finally, the bill
would strengthen interior enforcement by increasing the investigative
abilities of Immigration and Customs Enforcement (ICE) agents and by
expediting the processing and removal of illegal aliens.
The Gutierrez Amnesty Bill (H.R. 4321)
On December 15, 2009, Representatives Luis Gutierrez (D-Ill.) and
Solomon Ortiz (D-Tex.), along with 91 original co-sponsors, introduced
H.R. 4321,
the "Comprehensive Immigration Reform for America's Security and
Prosperity Act of 2009," (CIR ASAP). The bill would grant amnesty to
millions of illegal aliens, dramatically increase legal immigration, and
create loopholes in existing penalties in exchange for promises of
"enforcement" in the future. CIR ASAP contains several amnesty programs,
including AgJOBS (Title IV, Subtitle B); the DREAM Act (sprinkled
throughout the bill); and a broad amnesty program through which millions
of illegal aliens could obtain "earned legalization" (Title IV,
Subtitle A). In exchange for the multiple amnesties and massive
increases in legal immigration proposed in the bill, H.R. 4321 contains
measures ostensibly aimed at strengthening immigration "enforcement."
Upon closer examination, however, CIR ASAP would actually undermine the
enforcement of our immigration laws. Click
here for an overview of the major provisions in the bill.
The Birthright Citizenship Act (H.R. 1868)
Authored by now-retired Congressman Nathan Deal (R-Geo.) and
co-sponsored by a bipartisan group of 90 Members of the House of
Representatives, the Birthright Citizenship Act (
H.R. 1868)
seeks to end the automatic granting of citizenship to children born to
illegal alien parents on American soil. H.R.1868 would amend the
Immigration and Nationality Act (INA) to change the current
interpretation of federal law that automatically confers citizenship to
any child born in the United States regardless of the immigration status
of the child's parents. The bill would limit birthright citizenship
only to children born to at least one parent who is either: (1) a
citizen or national of the United States; (2) a lawful permanent
resident; or (3) actively serving in the U.S. military. The legislation
would only apply prospectively and would not "affect the citizenship or
nationality status of any person born before the date of the [bill's]
enactment."
The DREAM Act Amnesty Bill (H.R. 1751, S. 729)
On March 26, 2009, Senator Richard Durbin (D-Ill.) re-introduced the
Development, Relief, and Education for Alien Minors Act of 2009,
otherwise known as the DREAM Act (
S. 729). Companion legislation entitled the "American Dream Act" (
H.R. 1751)
was also introduced in the House of Representatives by Rep. Howard
Berman (D-Cal.) on March 26, 2009. The DREAM Act has two major
components: (1) it grants amnesty
to illegal aliens who
entered the country as children and have met minimal educational
requirements; and (2) it reverses current law to allow states to provide
taxpayer subsidized in-state tuition to illegal aliens. Click
here for a summary of the DREAM Act.
The Fairness for American Students Act (H.R. 4548)
On Wednesday, January 27, Congressmen Todd Tiahrt (R-Kan.), Rodney
Alexander (R-Lou.), Brian Bilbray (R-Cal.), and Duncan Hunter (R-Cal.)
introduced the "Fairness for American Students Act" (
H.R. 4548).
This commonsense legislation would amend the Illegal Immigration Reform
and Immigrant Responsibility Act to clarify that illegal aliens who
attend a postsecondary educational institution are ineligible for
in-state tuition unless the institution offers those rates to all
American citizens. To help enforce this provision, the bill provides
out-of-state students legal standing to file civil actions against
states and institutions that violate the law. Finally, H.R. 4548 would
bar any college or university that provides in-state tuition to illegal
aliens from receiving any Federal funding.
The AgJOBS Amnesty Bill (H.R. 2414, S. 1038)
On May 14, 2009, Senator Dianne Feinstein (D-Cal.) and Representative
Howard Berman (D-Cal.) introduced the Agricultural Job Opportunities,
Benefits and Security (AgJOBS) Act of 2009 (
S. 1038,
H.R. 2414).
AgJOBS creates an amnesty program for illegal aliens who have worked in
the agricultural industry. This bill consists of two-parts: "Part I" of
the legislation gives illegal alien agricultural workers a two-step
amnesty to transition from unlawful status to green card holding, legal
permanent residence; and "Part II" of the bill "reforms" the H-2A
temporary agricultural guest worker program to allow large
agribusinesses easier access to cheap foreign labor. Click
here for a legislative analysis of the bill.
The Secure the Border Act (H.R. 5173)
On Wednesday, April 28, Reps. Todd Tiahrt (R-Kan.), Brian Bilbray
(R-Cal.), Dana Rohrabacher (R-Cal.), Todd Akin (R-Missouri), and Ken
Calvert (R-Cal.) introduced "The Secure the Border Act of 2010" (
H.R. 5173).
With violence along the border rising to dangerous levels, H.R. 5173
would implement a number of long overdue measures to secure our porous
borders. Specifically, the Secure the Border Act would: (1) require the
Department of Homeland Security to construct double-layered,
reinforced fencing along the entire U.S.-Mexico border; (2) mandate the
installation of additional strategic structures, roads, lighting,
cameras, and sensors along the border; and (3) create a border
surveillance program that would continuously monitor the entire
U.S.-Mexico border through the use of aerial surveillance technology,
sensors, satellites, and other equipment. FAIR has endorsed the Secure
the Border Act. Click
here to read FAIR's endorsement letter.
The Reinstatement of Personal Responsibility for Immigrants Act (H.R. 4708)
On Thursday, February 25, Congressman Todd Tiahrt (R-Kan.) introduced
the "Reinstatement of Personal Responsibility for Immigrants Act" (
H.R. 4708).
H.R. 4708 would reverse several troubling changes that were made to the
State Children's Health Insurance Program (SCHIP) when President Obama
signed the SCHIP Reauthorization bill (
H.R. 2)
into law in February 2009. Specifically, the Reinstatement of Personal
Responsibility for Immigrants Act would require applicants for
taxpayer-subsidized benefits under SCHIP to be verified through a
well-established verification system that requires applicants to present
documentation to establish both their identity and citizenship. In
addition, the legislation would reinstate the five-year waiting period
before legal immigrants could access benefits under SCHIP. Finally, the
bill would require that legal immigrants who apply for SCHIP have their
eligibility verified through the proven Systematic Alien Verification
for Entitlements (SAVE) system. FAIR has endorsed the Reinstatement of
Personal Responsibility for Immigrants Act. Click
here to read FAIR's endorsement letter.
PASS ID (S. 1261)
In response to the 9/11 terrorist attacks, Congress passed the REAL
ID Act. REAL ID establishes uniform security requirements for
State-issued driver's licenses and identification cards. On June 15,
2009, Senator Daniel Akaka (D-Haw.) introduced legislation (
S. 1261)
entitled "Providing for Additional Security in States' Identification
Act of 2009" (PASS ID). PASS ID will repeal many key provisions of REAL
ID related to national security and immigration enforcement.
Accordingly, PASS ID will re-establish many of the security and
immigration loopholes that allowed the 9/11 highjackers to carry out the
attack on the Pentagon and the World Trade Center.
- On July 24, 2009, FAIR submitted comments to the Department of
Homeland Security raising serious concerns about the impact that PASS ID
would have on security and immigration enforcement. Click here to read FAIR's comments.
- Click here
for background information on America's need for secure IDs, a
section-by-section summary of PASS ID, and an analysis of the bill's
provisions.
- Click here for a legislative "marked copy" depicting the changes that PASS ID would make to REAL ID.
- Click here for a chart that analyzes 11 of the key security and immigration differences between REAL ID and PASS ID.
The Security and Fairness Enhancement for America (SAFE) Act (H.R. 2305)
Established in 1990, the visa lottery awards approximately 50,000
visas randomly to foreign nationals of countries considered
underrepresented in immigration admissions. Unlike family-based or
employment-based green cards, diversity visa applicants do not need to
have a sponsoring family member or employer, and no specific job skills
or abilities are required. As a result, the visa lottery fails to take
the United States' national interests into account when deciding who to
give visas to. Moreover, the visa lottery poses inherent security risks:
it awards visas to nationals from all four countries that the United
States considers to be state sponsors of terror (Iran, Sudan, Cuba, and
Syria), in addition to 13 of the 14 nations that the Transportation
Security Administration has brought under special monitoring as sources
of terrorism. Recognizing that the visa lottery serves no national
interest and that it poses inherent security risks, Congressman Bob
Goodlatte (R-Vir.) has sponsored the "Security and Fairness Enhancement
for America (SAFE) Act" (
H.R. 2305), which would scrap the program.
The H-1B and L-1 Visa Reform Act (S. 887)
Introduced by Senators Dick Durbin (D-Ill.) and Chuck Grassley (R-Iowa), the "H-1B and L-1 Visa Reform Act" (
S. 887)
would reform the H-1B "specialty occupation" visa and the L-1
"intercompany" visa programs. The bill would require employers to make a
good faith effort to hire an American before they hire an H-1B visa
holder. In addition, the bill includes: (1) provisions to ensure that
job openings are better publicized, thereby improving the chances that
employers will hire American workers; (2) new limits to curb the current
practice of "leasing" or "outsourcing" of H-1B workers to circumvent
protections for American workers; (3) improvements in how the Department
of Labor (DOL) and the Department of Homeland Security (DHS)
investigate fraud and an increase in fines for any violations; and (4)
provisions that seek to improve information sharing between DOL and DHS.
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