Immigration

EXIT Act of 2021

United States · United States Congress · 15 April 2021

Eradicate Crossing of Illegal Tunnels Act of 2021 or the EXIT Act of 2021 This bill authorizes the Department of Homeland Security (DHS) to take various actions to facilitate the search for and remediation of unlawful border crossing tunnels on private land. Specifically, DHS may waive federal, state, or local environmental permits and reviews as necessary to search for or remediate such tunnels. U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement may enter into indefinite delivery, indefinite quantity contracts with two or more sources to facilitate such border tunnel activities. (Indefinite delivery, indefinite quantity contracts provide for an indefinite quantity of services for a fixed time.)

AMIGOS Act

United States · United States Congress · 15 April 2021

Advancing Mutual Interests and Growing Our Success Act or the AMIGOS Act This bill makes Portuguese nationals eligible for E-1 and E-2 nonimmigrant visas if the government of Portugal provides similar nonimmigrant status to U.S. nationals. The bill also imposes additional requirements on such visas. An E-1 visa is for individuals entering the United States to engage in international trade, while an E-2 visa is for individuals investing a substantial amount of capital in the United States. Both are limited to nationals from countries that have a treaty of commerce and navigation with the United States. Furthermore, under this bill, if an alien who has never received an E visa became the national of an E visa-eligible foreign country by making a financial investment in that foreign country, that alien must have been domiciled in that foreign country for a continuous period of at least three years at any point before applying for an E visa.

E Visa Integrity Act of 2021

United States · United States Congress · 15 April 2021

E Visa Integrity Act of 2021 This bill imposes additional requirements to acquire an E visa (for an investor or trader who is a national of a foreign country with a treaty of commerce and navigation with the United States, or an Australian specialty worker). Specifically, if an alien became the national of a foreign country with a treaty of commerce and navigation with the United States through a financial investment in that foreign country and the alien had not previously received an E visa, the alien must have been domiciled in that foreign country for a continuous period of at least three years at any point before applying for an E visa.

AMIGOS Act

United States · United States Congress · 15 April 2021

Advancing Mutual Interests and Growing Our Success Act or the AMIGOS Act This bill makes Portuguese nationals eligible for E-1 and E-2 nonimmigrant visas if the government of Portugal provides similar nonimmigrant status to U.S. nationals. The bill also imposes additional requirements on such visas. An E-1 visa is for individuals entering the United States to engage in international trade, while an E-2 visa is for individuals investing a substantial amount of capital in the United States. Both are limited to nationals from countries that have a treaty of commerce and navigation with the United States. Furthermore, under this bill, if an alien who has never received an E visa became the national of an E visa-eligible foreign country by making a financial investment in that foreign country, that alien must have been domiciled in that foreign country for a continuous period of at least three years at any point before applying for an E visa.

Dignity for Detained Immigrants Act of 2021

United States · United States Congress · 15 April 2021

Dignity for Detained Immigrants Act of 2021 This bill directs the Department of Homeland Security (DHS) to establish standards for facilities holding aliens in its custody, phases out using non-DHS facilities for such purposes, and contains other related provisions. The standards shall comply with the American Bar Association's Civil Immigration Detention Standards. The DHS Office of Inspector General (OIG) shall conduct periodic unannounced inspections of each facility and shall take various actions against noncompliant facilities, including imposing fines, cancelling contracts, and closing facilities. DHS shall report to Congress any death of an alien in its custody within 24 hours and conduct an investigation within 30 days that identifies policy changes that could reduce the likelihood of such a death. DHS is prohibited from entering into contracts for third parties to operate detention facilities or alternatives to detention programs and shall terminate existing contracts within three years of the bill's enactment. The bill establishes that OIG facility inspection reports and contracts for an outside entity to operate a detention facility are records available to the public under the Freedom of Information Act. DHS shall maintain certain information relating to detained aliens, including the alien's location and whether the alien was separated from family. The bill provides for various requirements and procedures related to detaining aliens, including (1) prohibiting DHS from detaining children, (2) imposing a presumption that an alien should be released, and (3) establishing that aliens in custody shall be subject to the least restrictive conditions. The bill also abolishes mandatory detention for asylum seekers.

Summer Meals Act of 2021

United States · United States Congress · 15 April 2021

Summer Meals Act of 2021 This bill revises provisions related to the Summer Food Service Program (SFSP) of the Department of Agriculture (USDA), which provides meals to children and teens in low-income areas during the summer months when school is not in session. The bill redefines areas in which poor economic conditions exist , where the SFSP may operate, as areas in which at least 40% (currently, 50%) of the children have been determined to be eligible for free or reduced price school meals under the school lunch and breakfast programs. The bill reimburses service institutions (other than school food authorities) for up to one meal and one snack per child each day during after-school hours, weekends, and school holidays during the regular school calendar. Currently, such institutions are reimbursed for meals and snacks served to children over the summer months or to children who are on vacation under a continuous school calendar. USDA must award competitive grants to service institutions to increase participation in the summer food service program for children who lack the ability to access a congregate feeding site through (1) innovative approaches to limited transportation, (2) mobile meal trucks, and (3) any other method or approach that does not require children to access a congregate feeding site. Service institutions that are participating in the summer food service program for children may serve up to three meals, or two meals and one snack, during each day of operation. Currently, this option is reserved for camps and service institutions that serve meals primarily to migrant children.

GRACE Act

United States · United States Congress · 15 April 2021

Guaranteed Refugee Admission Ceiling Enhancement Act or the GRACE Act This bill establishes that the maximum number of refugees admitted each fiscal year shall be no less than 125,000 and that the maximum number shall be treated as the numerical goal for refugee admissions for the applicable fiscal year. The President may set a higher number if it is justified by humanitarian concerns or is otherwise in the national interest. Currently, the number admitted each fiscal year may not exceed 50,000 unless the President determines that a higher number is justified by humanitarian concerns or is otherwise in the national interest. The bill directs the President to take into consideration information from the United Nations High Commissioner for Refugees when establishing the maximum admission number and making certain other related decisions. The President shall report to Congress quarterly on (1) the number of refugees admitted during the preceding quarter, (2) the number of aliens who were security-cleared during the preceding quarter, (3) a plan to reach the numerical goal for admitted refugees for that fiscal year, and (4) other related information.

RENEWING THE UNITED STATES' COMMITMENT TO ADDRESSING THE ROOT CAUSES OF MIGRATION FROM CENTRAL AMERICA

United States · United States House of Representatives · 14 April 2021

Prevention of Anti-Immigrant Violence Act of 2021

United States · United States Congress · 14 April 2021

Prevention of Anti-Immigrant Violence Act of 2021 This bill provides protections for noncitizens who are victims of certain crimes. The bill expands eligibility for U visas, which are for victims of certain serious crimes or individuals who are likely helpful to law enforcement in persecuting such a crime, to include victims of hate crimes. The bill raises the annual cap on U visas to 12,000 (from 10,000) and designates the additional visas for victims of hate crimes. (Such caps apply only to the primary visa recipient, not to certain family members who may accompany the primary recipient.) A noncitizen with a pending application for certain immigration benefits, such as for a U visa or a T visa (human trafficking victim), may not be removed from the United States. A noncitizen with such a pending application may only be detained if there is clear and convincing evidence that (1) alternatives to detention would not reasonably ensure the noncitizen's appearance at removal proceedings, or (2) the noncitizen is a threat to the community. The Department of Justice may award grants to entities to assist noncitizen victims of hate crimes or to train law enforcement to identify and protect victims of anti-immigrant violence.

Protecting Flores Agreement Act

United States · United States Congress · 14 April 2021

Protecting Flores Agreement Act This bill prohibits federal funds from being used to violate a 1997 agreement, which is commonly known as the Flores settlement agreement and imposes requirements related to the treatment of detained alien minors.

Commending the men and women of U.S. Customs and Border Protection for their service and sacrifice amidst a growing crisis at the southern border.

United States · United States Congress · 14 April 2021

This resolution recognizes the men and women of U.S. Customs and Border Protection for their work to defend American sovereignty, uphold law and order, and mitigate the threat at the southern border.

A resolution commending the officers and personnel of Federal, State, and local agencies deployed by air, ground, and marine, and as tactical border security, for their work during the crisis at the Southern border.

United States · United States Congress · 14 April 2021

This resolution recognizes that there is a crisis on the southern border and commends the men and women of various federal, state, and local agencies for their work during this crisis.

Immigrants’ Mental Health Act of 2021

United States · United States Congress · 13 April 2021

Immigrants' Mental Health Act of 2021 This bill directs Customs and Border Protection (CBP) to take steps to address mental health issues among immigrants and CBP agents and officers. It also restricts the sharing of mental health information for use in certain immigration proceedings. CBP shall develop training to enable its agents and officers to (1) identify mental health issues and risk factors in immigrants and refugees, (2) provide crisis intervention using a trauma-informed approach, and (3) better manage work-related stress and psychological pressures. CBP shall assign at least one qualified mental or behavioral health expert to each Border Patrol station, port of entry, checkpoint, forward operating base, secondary inspection area, and short-term custody facility. The Department of Health and Human Services may not provide to the Department of Homeland Security information about the mental health of an alien that was obtained by a mental health professional while the alien was in federal government custody if the information will be used for (1) an asylum determination, (2) an immigration hearing, or (3) a deportation hearing.

No Taxpayer Handouts to Illegal Immigrants Act

United States · United States Congress · 13 April 2021

No Taxpayer Handouts to Illegal Immigrants Act This bill prohibits any state government that provides monetary payments to undocumented immigrants from receiving funds made available under the American Rescue Plan Act of 2021. If a state made such prohibited payments after the enactment of the American Rescue Plan Act of 2021 but before the enactment of this bill, the state must immediately pay to the federal government the amount equal to the sum of the prohibited payments.

Uyghur Human Rights Protection Act

United States · United States Congress · 13 April 2021

Uyghur Human Rights Protection Act This bill designates certain residents of the Xinjiang region in China as prioritized refugees of special humanitarian concern and addresses other related issues. This priority designation shall apply to Uyghurs and members of other predominately Turkic or Muslim ethnic groups (and the spouses, children, and parents of such individuals) who (1) reside in or fled Xinjiang and who suffered persecution on account of their religious or ethnic identity, or have a well-founded fear of such persecution; or (2) have been formally charged, detained, or convicted for certain peaceful actions related to Xinjiang. Such an individual may not be denied admission into the United States based primarily on an arrest or other adverse government action due to that individual's participation in religious, cultural, or protest activities. The bill also waives certain immigration-related requirements for such individuals. Furthermore, a Chinese national seeking refugee status shall be considered to have been persecuted on account of political opinion if the Chinese government revoked that individual's residency in any region of China because the individual submitted a nonfrivolous application for a U.S. immigration benefit. Similarly, if the Chinese government revoked a Chinese national's citizenship, nationality, or residency because that individual filed for a U.S. immigration benefit, that revocation shall constitute a changed circumstance. (Among other things, a changed circumstance may allow an individual who has been rejected for asylum to apply again.)

Immigrants’ Mental Health Act of 2021

United States · United States Congress · 13 April 2021

Immigrants' Mental Health Act of 2021 This bill directs Customs and Border Protection (CBP) to take steps to address mental health issues among immigrants and CBP agents and officers. It also restricts the sharing of mental health information for use in certain immigration proceedings. CBP shall develop training to enable its agents and officers to (1) identify mental health issues and risk factors in immigrants and refugees, (2) provide crisis intervention using a trauma-informed approach, and (3) better manage work-related stress and psychological pressures. CBP shall assign at least one qualified mental or behavioral health expert to each Border Patrol station, port of entry, checkpoint, forward operating base, secondary inspection area, and short-term custody facility. The Department of Health and Human Services may not provide to the Department of Homeland Security information about the mental health of an alien if the information will be used for (1) an asylum determination, (2) an immigration hearing, or (3) a deportation hearing.

End the Border Crisis Now Act

United States · United States Congress · 12 April 2021

End the Border Crisis Now Act This bill imposes additional restrictions on asylum eligibility. Under this bill, an alien must be lawfully admitted into the United States to apply for asylum. (Currently, an alien may apply for asylum upon being physically present or arriving in the United States, subject to certain restrictions.) In addition, if an alien was in a qualifying third country (generally one where the alien's life or freedom would not be threatened on account of certain characteristics) during the 180 days before being admitted into the United States, the alien may not apply for asylum unless the alien proves that (1) the alien applied for and was denied asylum or equivalent status in that third country, or (2) the conditions in the alien's country of nationality have significantly worsened since the alien was in the third country.

Veterans’ Pathway to Citizenship Act of 2021

United States · United States Congress · 8 April 2021

Veterans' Pathway to Citizenship Act of 2021 This bill waives certain requirements for eligible noncitizens seeking U.S. citizenship through service in the Armed Forces and addresses related issues. Currently, a noncitizen who served honorably during a designated period of hostilities may acquire citizenship on an expedited basis, subject to certain requirements. Under this bill, such a noncitizen shall be deemed to be a lawful permanent resident and to have fulfilled all residency and physical presence requirements for naturalization purposes if that noncitizen meets all other naturalization requirements. In addition, for such a noncitizen seeking naturalization, any prior removals from the United States shall not affect the noncitizen's eligibility for any immigration benefit or in determining whether the alien is deportable or inadmissible. Similarly, if such a noncitizen has received a pardon for an offense, that offense shall not affect the noncitizen's naturalization application unless the pardoned offense led to the noncitizen's separation from the Armed Forces in any manner other than honorable. Furthermore, when a noncitizen becomes eligible for naturalization through military service during hostilities, the Department of Homeland Security shall notify the noncitizen and submit an application on the noncitizen's behalf, unless the noncitizen requests otherwise. If a noncitizen is eligible for citizenship through this path but had filed an untimely application, that application shall be treated as timely and reviewed. This provision shall be in effect for a one-year period starting from this bill's enactment.

Accountability Through Electronic Verification Act

United States · United States Congress · 1 April 2021

Accountability Through Electronic Verification Act This bill expands the E-Verify program by requiring all employers to use it and permanently reauthorizes the program. Currently, E-Verify use is voluntary for most employers, although some states mandate its use. All employers shall use E-Verify to confirm the identity and employment eligibility of all recruited, referred, or hired individuals, including current employees who were never verified under the program. Failure to use E-Verify shall create a rebuttable presumption that the employer is violating immigration law. U.S. Citizenship and Immigration Services shall generate weekly reports about individuals who have received a final nonconfirmation of employment eligibility. The Department of Homeland Security (DHS) shall use the report to enforce immigration laws. DHS shall establish a program to help certain small businesses verify employee eligibility. DHS shall also update E-Verify's design to help prevent and detect fraud and identity theft. The bill increases civil and criminal penalties for hiring unauthorized aliens. DHS shall debar repeat offenders and those criminally convicted from holding federal contracts, grants, or cooperative agreements. The Social Security Administration, Internal Revenue Service, Department of the Treasury, and DHS shall jointly establish a program to share information to help identify unauthorized aliens. The bill establishes the Employer Compliance Inspection Center within Homeland Security Investigations of U.S. Immigration and Customs Enforcement. The center's duties include processing I-9 employment eligibility verification forms and ensuring compliance with employment eligibility laws. DHS shall report to Congress on ways to simplify procedures relating to I-9 forms and on whether the I-9 process should be eliminated.

To terminate certain executive actions, and for other purposes.

United States · United States Congress · 1 April 2021

This bill terminates certain executive actions related to immigration. Specifically, this bill terminates an executive order that directs the Bureau of the Census to include in a state's population count each individual whose usual place of residence is in that state, regardless of an individual's immigration status; an executive order that revokes another executive order that prioritized immigration enforcement against certain classes of aliens, such as aliens who have been charged with any criminal offense; and a presidential proclamation that ends the declared emergency pertaining to the U.S.-Mexico border and terminates the authorities used to redirect funds to construct a wall along that border.

Border Surge Response and Resilience Act

United States · United States Congress · 1 April 2021

Border Surge Response and Resilience Act This bill requires the Department of Homeland Security (DHS) to develop a plan for responding to irregular increases in migration at the border that present risks to border security. The plan shall include various elements including (1) a list of each agency, component, and office involved; (2) a process for quickly expanding capacity to temporarily process and hold individuals; and (3) a strategy for coordinating with local governments and other entities when DHS releases detained individuals. DHS must also identify metric thresholds for determining when to activate the plan and must activate the plan when such thresholds are satisfied. Furthermore, DHS must notify Congress no later than 14 days after activating the plan.

Protecting American Voters Act

United States · United States Congress · 1 April 2021

Protecting American Voters Act This bill requires the Department of Homeland Security (DHS) and the Social Security Administration (SSA) to provide certain information to a state election official, upon the official's request, to verify citizenship status for the purpose of voting in federal elections. Specifically, the agencies must provide the state election official with such information necessary to verify that an applicant for voter registration or a registrant on the official list of eligible voters is a U.S. citizen. DHS may respond to a request by using the Systematic Alien Verification for Entitlements program, which is used to verify immigration status. DHS may not charge a fee for this information. DHS must comply with any safeguards that the SSA determines are necessary to protect the confidentiality of an individual's Social Security number. Finally, the bill requires states to remove the names of noncitizens from their official lists of eligible voters.

Department of Veterans Affairs Information Technology Reform Act of 2022

United States · United States Congress · 26 March 2021

Department of Veterans Affairs Information Technology Reform Act of 2021 This bill addresses the management and implementation of information technology projects and investments of the Department of Veterans Affairs (VA). Specifically, the bill prohibits the VA from obligating or expending funds for any major information technology project that begins after the date of enactment of this bill unless a report is submitted that includes information on the cost, schedule, and performance of the project. The information in the report must be used as a baseline against which changes or variances are measured and reported on during the life cycle of the project. Projects must be managed by an interdisciplinary team that includes a certified project manager, a functional lead, a technical lead, a contracting officer, and other appropriate personnel. The VA's Chief Information Officer must (1) exercise authority over the management, governance, and oversight processes relating to information technology of the VA's Financial Services Center; and (2) supervise the information technology employees and contractors of the center. Finally, the VA must assess all of its information technology investments to determine the suitability for migration to a cloud computing service.

GRACE Act

United States · United States Congress · 26 March 2021

Guaranteed Refugee Admission Ceiling Enhancement Act or the GRACE Act This bill establishes that the maximum number of refugees admitted each fiscal year shall be no less than 125,000 and that the maximum number shall be treated as the numerical goal for refugee admissions for the applicable fiscal year. The President may set a higher number if it is justified by humanitarian concerns or is otherwise in the national interest. Currently, the number admitted each fiscal year may not exceed 50,000 unless the President determines that a higher number is justified by humanitarian concerns or is otherwise in the national interest. The bill directs the President to take into consideration information from the United Nations High Commissioner for Refugees when establishing the maximum admission number and making certain other related decisions. The President shall report to Congress quarterly on (1) the number of refugees admitted during the preceding quarter, (2) the number of aliens who were security-cleared during the preceding quarter, (3) a plan to reach the numerical goal for admitted refugees for that fiscal year, and (4) other related information.

Healthcare Workforce Resilience Act

United States · United States Congress · 26 March 2021

Healthcare Workforce Resilience Act This bill makes previously unused immigrant visas available to nurses and physicians who petition for such a visa before the date that is 90 days after the end of the declared national emergency relating to the COVID-19 (i.e., coronavirus disease 2019) outbreak. The number of visas available shall be the total number of unused employment-based immigrant visas from FY1992-FY2020, up to 40,000. Of such visas, 25,000 shall be reserved for nurses and 15,000 for physicians. Certain family members may accompany the principal beneficiary of a visa provided under this bill, and visas for such family members shall (1) be made available from the unused visas from FY1992-FY2020, and (2) not be counted against the 40,000 cap. Visas provided under this bill shall be exempt from per-country limitations.

Dignity for Detained Immigrants Act of 2021

United States · United States Congress · 26 March 2021

Dignity for Detained Immigrants Act of 2021 This bill directs the Department of Homeland Security (DHS) to establish standards for facilities holding aliens in its custody, phases out using non-DHS facilities for such purposes, and contains other related provisions. The standards shall comply with the American Bar Association's Civil Immigration Detention Standards. The DHS Office of Inspector General (OIG) shall conduct periodic unannounced inspections of each facility and shall take various actions against noncompliant facilities, including imposing fines, cancelling contracts, and closing facilities. DHS shall report to Congress any death of an alien in its custody within 24 hours and conduct an investigation within 30 days that identifies policy changes that could reduce the likelihood of such a death. DHS is prohibited from entering into contracts for third parties to operate detention facilities or alternatives to detention programs and shall terminate existing contracts within three years of the bill's enactment. The bill establishes that OIG facility inspection reports and contracts for an outside entity to operate a detention facility are records available to the public under the Freedom of Information Act. DHS shall maintain certain information relating to detained aliens, including the alien's location and whether the alien was separated from family. The bill provides for various requirements and procedures related to detaining aliens, including (1) prohibiting DHS from detaining children, (2) imposing a presumption that an alien should be released, and (3) establishing that aliens in custody shall be subject to the least restrictive conditions. The bill also abolishes mandatory detention for asylum seekers.

End Child Trafficking Now Act

United States · United States Congress · 26 March 2021

End Child Trafficking Now Act This bill imposes restrictions related to adult aliens being admitted into the United States with a minor. An adult alien shall not be admitted with a minor unless the adult (1) presents documents or witness testimony proving that the adult is a relative or guardian of the minor, or (2) submits to a DNA test that proves such a relationship. The Department of Homeland Security shall request a DNA test only if the required relationship cannot be established by documents or testimony. An adult alien who does not consent to a requested DNA test shall be inadmissible. If the required relationship cannot be established and the immigration officer believes the alien is guilty of a felony offense, the officer may arrest the alien adult. The bill makes it a crime for an alien adult to knowingly use a minor to whom the adult is not a relative or guardian to enter the United States.

BELIEVE Act

United States · United States Congress · 25 March 2021

Backlog Elimination, Legal Immigration, and Employment Visa Enhancement Act or the BELIEVE Act This bill increases maximum limits on employment-based visas and makes other related changes. The bill increases the worldwide cap on employment-based immigrants admitted each fiscal year, from 140,000 plus certain additions to 270,000 plus the same additions. The bill (1) eliminates existing per-country caps on employment-based immigrants, (2) allows certain employment-based immigrants to comprise a higher percentage of the worldwide level of immigration in a fiscal year than under current law, (3) exempts from numerical caps immigrants coming to work in the United States as physical therapists or professional nurses, and (4) exempts from numerical caps a qualifying alien who graduated from a U.S. institution of higher education and who was admitted into the United States as a dependent of a nonimmigrant. The bill provides various immigration-related benefits, such as work authorization and exemption from certain numerical limits, to qualifying spouses and children of employment-based immigrants. An alien who has properly filed for permanent legal resident status and is awaiting a visa number becoming available shall have lawful status and employment authorization while the application is pending, subject to requirements such as a background check.

Empowering Immigration Courts Act

United States · United States Congress · 25 March 2021

Empowering Immigration Courts Act This bill authorizes immigration judges to impose a fine for contempt in accordance with the criminal code. Currently, the Department of Justice is authorized to prescribe regulations providing immigration judges with such authority, but has not done so.

Criminal Alien Gang Member Removal Act

United States · United States Congress · 25 March 2021

Criminal Alien Gang Member Removal Act This bill makes aliens associated with criminal gangs inadmissible for entry into the United States and deportable and establishes procedures related to designating groups with criminal gang status. An alien shall be inadmissible if a consular officer, the Department of Homeland Security (DHS), or the Department of Justice knows or has reason to believe that the individual is or was a criminal gang member or has participated or aided such a group's illegal activities. An alien who is or was a member of such a gang, or has participated or aided such a group's illegal activities, shall be deportable. Such individuals shall be subject to mandatory detention, shall not be eligible for asylum, temporary protected status, or special immigrant juvenile visas, and shall not be eligible for parole unless they are assisting the government in a law enforcement matter. The bill defines a criminal gang as a group of five or more persons (1) where one of its primary purposes is the commission of specified criminal offenses and the members of which engage or have engaged within the past five years in a continuing series of such offenses, or (2) that has been designated as a criminal gang by DHS. The bill establishes procedures for DHS to designate a group as a criminal gang, including notification to Congress, publication in the Federal Register, and an opportunity for the group to petition for administrative and judicial review.

Criminal Alien Removal Clarification Act of 2021

United States · United States Congress · 25 March 2021

Criminal Alien Removal Clarification Act of 2021 This bill subjects to deportation an alien who at any time after admission has been convicted of a felony or two misdemeanors under state or federal law. Currently, an alien is subject to deportation for a single conviction for certain felonies (such as an aggravated felony), two or more convictions for crimes involving moral turpitude, or being a drug addict.

Terrorist Deportation Act of 2021

United States · United States Congress · 25 March 2021

Terrorist Deportation Act of 2021 This bill establishes that aliens identified in the terrorist screening database, except for permanent residents, shall be deportable and inadmissible into the United States. The Department of Homeland Security (DHS) may temporarily waive the inadmissibility of such an alien if it is in the national security interests of the United States. DHS shall grant such a waiver only with the unanimous concurrence of the Department of Justice, the Federal Bureau of Investigation, the Office of the Director of National Intelligence, and the Department of State. An alien identified in the terrorist screening database shall be ineligible for various immigration benefits, including asylum, withholding or cancellation of removal, voluntary departure, or adjustment of status. DHS shall determine on an expedited basis the removal of an alien identified in the terrorist screening database, if the alien has not received a waiver and does not have permanent residence status. The alien shall be entitled to various protections, including the privilege of representation by counsel and judicial review.

Adoptee Citizenship Act of 2021

United States · United States Congress · 25 March 2021

Adoptee Citizenship Act of 2021 This bill provides for the automatic acquisition of citizenship for certain individuals adopted by a U.S. citizen. A child born outside the United States and adopted by a U.S. citizen shall automatically acquire citizenship upon meeting certain requirements, regardless of when the adoption was finalized. Currently, adoptees who were over the age of 18 on February 27, 2001, do not automatically acquire citizenship. An individual born outside the United States and residing in the United States shall automatically acquire citizenship if the individual (1) was adopted by a citizen before becoming 18 years old, (2) was physically present in the United States in the citizen parent's custody pursuant to lawful admission before becoming 18 years old, (3) never acquired citizenship before this bill's enactment, and (4) was lawfully residing in the United States on this bill's enactment date. An individual born outside the United States and residing outside the United States but who otherwise meets all of the requirements shall automatically acquire citizenship upon being physically present in the United States pursuant to lawful admission. Such an individual shall be subject to a background check. If the background check reveals the individual has committed a crime that was not properly resolved, the individual may not receive a visa unless the Department of Homeland Security and Department of State have coordinated with law enforcement to ensure that action was taken to resolve the issue.

A bill to require that certain aliens receive written notice of removal proceedings before being granted parole or released from detention and to enumerate the possible consequences for failing to attend such proceedings.

United States · United States Congress · 25 March 2021

This bill increases the penalties for an alien who fails to appear at a removal proceeding and modifies related procedures. Currently, an alien who misses a required removal proceeding shall be ordered removed from the United States if U.S. Immigration and Customs Enforcement proves that the alien had received written notice to appear at the removal proceeding. If an alien in Department of Justice or Department of Homeland Security custody is required to attend a removal proceeding, this bill requires DOJ or DHS to issue such a written notice to the alien before removing or paroling that alien from its custody. Furthermore, under this bill, an alien who fails to attend a required removal proceeding after receiving written notice shall lose any immigration status or benefit the alien may have, absent exceptional circumstances.

Healthcare Workforce Resilience Act

United States · United States Congress · 25 March 2021

Healthcare Workforce Resilience Act This bill makes previously unused immigrant visas available to nurses and physicians who petition for such a visa before the date that is 90 days after the end of the declared national emergency relating to the COVID-19 (i.e., coronavirus disease 2019) outbreak. The number of visas available shall be the total number of unused employment-based immigrant visas from FY1992-FY2020, up to 40,000. Of such visas, 25,000 shall be reserved for nurses and 15,000 for physicians. Certain family members may accompany the principal beneficiary of a visa provided under this bill, and visas for such family members shall (1) be made available from the unused visas from FY1992-FY2020, and (2) not be counted against the 40,000 cap. Visas provided under this bill shall be exempt from per-country limitations.

Secure and Protect Act of 2021

United States · United States Congress · 24 March 2021

Secure and Protect Act of 2021 This bill makes changes to the handling of unaccompanied alien children and asylum applications. The Flores settlement (a court settlement imposing conditions on the treatment of detained alien minors) shall not restrict any activities. The Department of Homeland Security (DHS) shall have sole discretion as to detention standards of alien minors. Statutory provisions governing the handling of unaccompanied alien children from U.S.-bordering countries shall now govern all unaccompanied alien children. The bill provides for requirements relating to the handling of such alien children. Certain immigration officer determinations relating to unaccompanied alien children shall be unreviewable. DHS may detain accompanied alien children pending the completion of removal proceedings (some courts have ruled that Flores limits the detention of certain alien children to 20 days). States may not impose licensing requirements for family detention facilities. An unaccompanied alien child shall not be released from custody while immigration or removal proceedings are pending, with some exceptions. The bill limits asylum eligibility to aliens entering the United States at a designated port of entry and provides for additional grounds for asylum ineligibility. A credible fear of persecution is redefined to mean that it is more likely than not that the alien would be able to establish eligibility for asylum. The Department of State shall establish refugee application and processing centers in Mexico and Central America. The bill requires the hiring of additional immigration judges, support staff, and U.S. Immigration and Customs Enforcement attorneys.

A resolution expressing the sense of the Senate that the current influx of migrants is causing a crisis at the Southern border.

United States · United States Congress · 24 March 2021

This resolution expresses the sense that the current influx of migrants at the southern land border constitutes a crisis.

Criminalize Fleeing from Immigration Enforcement Act of 2021

United States · United States Congress · 23 March 2021

Criminalize Fleeing from Immigration Enforcement Act of 2021 This bill revises the federal criminal offense involving flight from an immigration checkpoint or other law enforcement checkpoint at high speed in a motor vehicle. Specifically, the bill retains the existing prohibition on flight from an immigration or other law enforcement checkpoint, but it removes the qualifier that such flight must be at high speed in a motor vehicle. The bill also expands the scope of unlawful flight offenses to include flight from a law enforcement officer who is enforcing immigration laws. An unlawful flight offense is generally punishable by a fine, a prison term of up to five years, or both. However, an unlawful flight offense that involves high-speed flight in a motor vehicle is punishable by a fine, prison term of up to eight years, or both.

FAIR Proceedings Act

United States · United States Congress · 23 March 2021

Funding Attorneys for Indigent Removal Proceedings Act or the FAIR Proceedings Act This bill expands access to counsel for aliens in immigration proceedings and provides for protections related to such proceedings. An alien shall have the privilege of being represented by counsel in any immigration proceeding, whereas currently this privilege is statutorily provided for only in removal proceedings. Similarly, the Department of Justice (DOJ) may provide counsel at government expense to aliens in any immigration proceeding, whereas currently DOJ is statutorily authorized to provide counsel to aliens only in removal proceedings and at no expense to the government. Under this bill, DOJ shall provide counsel to children and vulnerable individuals in such proceedings, at government expense if necessary. If DOJ fails to do so, certain limits on filing a motion to reopen removal proceedings (such as the time limit for filing) shall not apply, and the alien's removal shall be stayed upon the motion's filing. The Department of Homeland Security (DHS) shall provide each alien, generally at the beginning of proceedings, a complete copy of the alien's case file in DHS possession, unless the alien waives this right in writing. Failure to provide such documents shall delay the alien's removal proceeding. DHS shall facilitate for all detained aliens access to counsel and programs that inform such aliens of their immigration-related rights and obligations.

End Child Trafficking Now Act

United States · United States Congress · 23 March 2021

End Child Trafficking Now Act This bill imposes restrictions related to adult aliens being admitted into the United States with a minor. An adult alien shall not be admitted with a minor unless the adult (1) presents documents and witness testimony proving that the adult is a relative or guardian of the minor, or (2) submits to a DNA test that proves such a relationship. The Department of Homeland Security shall request a DNA test only if the required relationship cannot be established by the presented documents and witness testimony. An adult alien who does not consent to a requested DNA test shall be inadmissible. If the required relationship cannot be established and the immigration officer believes the alien is guilty of a felony offense, the officer may arrest the alien adult. The bill makes it a crime for an alien adult to knowingly use a minor to whom the adult is not a relative or guardian to enter the United States.

Kate's Law

United States · United States Congress · 22 March 2021

Stop Illegal Reentry Act or Kate's Law This bill increases criminal penalties for certain aliens who illegally reenter the United States after removal or exclusion. Generally, an alien who had been denied entry into or removed from the United States and who later enters or attempts to enter the United States without prior approval from the Department of Homeland Security shall be fined, imprisoned for up to five years, or both. Current law requires a fine, imprisonment for up to two years, or both, for such an alien. An alien who had been denied entry or removed three or more times and who later enters or attempts to enter the United States shall be fined, imprisoned for up to 10 years, or both. An alien who was convicted of an aggravated felony or convicted at least two times before removal or departure and who subsequently enters or tries to enter the United States shall be imprisoned at least five years and for up to twenty years, and may also be fined. Currently, there is no minimum term of imprisonment for an alien who reenters after a conviction for an aggravated felony, and there are no criminal penalties for a reentering alien who had been convicted at least two times (other than the penalties for illegal reentry generally).

Stopping Border Surges Act

United States · United States Congress · 22 March 2021

Stopping Border Surges Act This bill modifies immigration law provisions relating to unaccompanied alien minors and to asylum seekers. For certain unaccompanied inadmissible alien children, generally those not at risk of being trafficking victims nor having a fear of persecution, the Department of Homeland Security (DHS) shall repatriate the child. Currently, only inadmissible unaccompanied aliens from neighboring countries are subject to repatriation, and DHS has discretion whether to repatriate. When HHS releases an unaccompanied child to an individual, it shall provide DHS with certain information about that individual, including Social Security number and immigration status. The bill amends the definition of credible fear of persecution to require that such fear can be established by statements that are more probable than not. The bill also imposes certain rules relating to credible fear interviews, including requirements for recordings and interpreters. If an alien is granted asylum because of fear of persecution in a country, the alien shall be deemed to have renounced asylum status by returning to that country, if there has been no change in the country's conditions. The bill also (1) expands the definition of what constitutes a frivolous asylum application, (2) imposes additional limitations on eligibility for asylum, (3) shortens the deadline for applying for asylum, and (4) extends the time period an alien seeking asylum must wait before receiving employment authorization. Any individual who knowingly and willfully makes materially false statements or uses fraudulent documents in asylum-related proceedings shall be fined or imprisoned up to 10 years, or both.

AGRI Act of 2021

United States · United States Congress · 19 March 2021

Agricultural Guest Worker Reform Initiative Act of 2021 or the AGRI Act of 2021 This bill revises provisions related to H-2A (temporary agricultural worker) visas, including to eliminate certain requirements to hire U.S. workers, expand the program to include dairy and ranch workers, and shift administrative responsibilities from the Department of Labor to the Department of Agriculture (USDA). The bill establishes a trust fund to be used to (1) administer and enforce the program, (2) collect a portion of guest worker wages to be paid upon a worker's return to the worker's country of origin, and (3) provide emergency medical services for guest workers. The bill eliminates a requirement that, during the first half of the time period of a guest worker contract, certain employers must hire any qualified U.S. employee who applies to perform the job the guest worker was hired to perform. Furthermore, an employer shall not be required to pay a guest worker a wage higher than the highest of federal, state, or local minimum wage rates. The bill places limitations on when guest workers may receive civil legal assistance for low-income individuals. Employer-provided housing shall be governed generally by USDA regulations, where currently such housing must meet applicable federal, state, or local standards. Employers shall not have to provide housing to workers who can reasonably return to their permanent residence within the same day. An employer may file a civil action to recover transportation costs from a guest worker who absconds from a contract.

COVID–19 Border Protection (CBP) Act

United States · United States Congress · 19 March 2021

COVID-19 Border Protection (CBP) Act This bill requires the Department of Homeland Security (DHS) to devise and implement a strategy to ensure that no alien with COVID-19 (i.e., coronavirus disease 2019) in DHS or Department of Health and Human Services custody may be released into the community during a public health emergency related to COVID-19. Funds previously provided to the Department of State for supporting international efforts to help migrants and refugees respond to COVID-19 shall be transferred to DHS to implement this strategy.

TPS and DED Protection Act of 2021

United States · United States Congress · 18 March 2021

TPS and DED Protection Act of 2021 This bill provides a path to lawful permanent resident status for qualifying aliens who, on or before a certain date (1) had or were eligible for temporary protected status (TPS), or (2) had received deferred enforced departure (DED) status. (TPS is available to nationals of designated countries, and an alien with such status is allowed to remain in the United States with work authorization. DED status also prevents removal and provides work authorization.) A qualifying alien must have been continually present in the United States for at least three years before this bill's enactment. An alien who previously had TPS or DED status and was removed or departed solely due to the termination of such status may apply for lawful admission as a permanent resident from abroad, subject to certain conditions. Certain grounds for inadmissibility, such as an alien likely being a public charge, shall not apply to aliens applying for permanent resident status under this bill. The parents, spouse, or unmarried child of an alien admitted for permanent residence under this bill shall also be admitted for permanent residence. Qualifying aliens admitted for permanent residence under this bill shall be eligible for naturalization. Language proficiency requirements related to naturalization shall be waived for such aliens. Venezuela and Eritrea shall be treated as designated TPS countries. Within three days after announcing the termination a country's designation for TPS, the Department of Justice shall report to Congress the circumstances surrounding the termination.

Protect DREAMer Confidentiality Act of 2021

United States · United States Congress · 18 March 2021

Protect DREAMer Confidentiality Act of 2021 This bill directs the Department of Homeland Security (DHS) to prevent disclosing information from applications to the Deferred Action for Childhood Arrivals (DACA) program to U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP), except to implement the program. Application information may be shared only to identify or prevent fraudulent claims, for particularized national security purposes relating to the applicant, or to investigate or prosecute a felony not related to immigration status. The bill also prohibits DHS from referring any individual with deferred action status to ICE, CBP, the Department of Justice, or any law enforcement agency.

Asylum Abuse Reduction Act

United States · United States Congress · 18 March 2021

Asylum Abuse Reduction Act This bill places restrictions on aliens seeking asylum and contains provisions related to immigration enforcement. Under this bill, an asylum seeker who arrives at a U.S. land port of entry without entry documents may not be admitted unless an asylum officer at a U.S. embassy or consulate has interviewed the alien and has concluded that the alien (1) has been persecuted in the alien's country of nationality due to their race, religion, or other characteristics; (2) has a credible fear of persecution if they returned to that country; or (3) would be tortured by the government upon return to that country. (Currently, an alien arriving at a port of entry may apply for asylum and an immigration officer there typically will give the alien a credible fear interview.) Furthermore, an alien who traveled through a third country to enter the United States through the southern border shall be ineligible for asylum unless (1) the alien has applied for and been denied asylum or protection in that third country, (2) the alien was a victim of severe human trafficking, or (3) the third country is not party to certain international agreements relating to refugees. Each federal judicial district shall appoint at least one judge to issue arrest warrants for individuals violating orders to depart, upon a showing of probable cause. Under this bill, the Flores agreement (a lawsuit settlement which imposes various requirements relating to the treatment of alien minors detained for immigration-related purposes) shall not apply.

No Amnesty Act

United States · United States Congress · 18 March 2021

No Amnesty Act This bill prohibits federal agencies from expending funds or resources to implement, administer, or enforce certain executive actions related to immigration, including actions that (1) prioritize the removal of certain aliens, such as those suspected of engaging in terrorism; (2) revoke an earlier executive order that required heightened vetting of aliens seeking admission as refugees; and (3) direct the Assistant to the President for National Security Affairs to develop a strategy to address the root causes of migration from El Salvador, Guatemala, and Honduras. Such executive actions shall have no force or effect.

Secure the Southern Border Act

United States · United States Congress · 18 March 2021

Secure the Southern Border Act This bill enacts into law several immigration-related executive orders, including orders (1) requiring reports on various issues, such as efforts by the Department of Homeland Security (DHS) to end policies relating to the release of certain detained aliens; (2) requiring DHS to take actions to construct a physical barrier along the U.S.-Mexico border; and (3) directing DHS to prioritize the removal of certain aliens, including those convicted or charged with any criminal offense.

BITMAP Authorization Act

United States · United States Congress · 18 March 2021

Biometric Identification Transnational Migration Alert Program Authorization Act or the BITMAP Authorization Act This bill provides statutory authority for the Department of Homeland Security (DHS) Biometric Identification Transnational Migration Alert Program (BITMAP). That program was established to address and reduce national security, border security, and terrorist threats before such threats reach the international border of the United States. Before carrying out BITMAP operations in a foreign country, DHS must enter into an agreement with the government of such country that sets forth program goals for such country and must provide the congressional homeland security committees with a copy of the agreement.