Immigration

Fair Adjudications for Immigrants Act

United States · United States Congress · 2 May 2023

Fair Adjudications for Immigrants Act This bill narrows the scope of certain crime-based grounds for barring or removing a non-U.S. national ( alien under federal law) from the United States. (Generally, a conviction for certain crimes, such as a crime that carries a term of incarceration of a certain length, may constitute grounds for denying an individual certain immigration benefits.) The bill redefines the term conviction to exclude convictions that have been dismissed, expunged, deferred, annulled, invalidated, withheld, vacated, or pardoned. The term must also exclude adjudications where a court issued a recommendation against removal, an order of probation without entry of judgment, or a similar disposition. In addition, any reference to a term of imprisonment or sentence must, unless otherwise provided (1) only consider the period of incarceration ordered by a court, and (2) exclude any suspended portion of a sentence. Currently, for immigration purposes, a term of incarceration includes any part of the sentence that was suspended. These provisions pertaining to the definition of conviction and terms of imprisonment shall apply to convictions and judgments entered either before or after this bill's enactment. Furthermore, certain crime-based grounds for barring or removing a non-U.S. national shall not apply if the sentencing court issues a recommendation that the alien not be removed on the basis of the conviction.

Secure the Border Act of 2023

United States · United States Congress · 2 May 2023

Secure the Border Act of 2023 This bill addresses issues regarding immigration and border security, including by imposing limits to asylum eligibility. For example, the bill requires the Department of Homeland Security (DHS) to resume activities to construct a wall along the U.S.-Mexico border; provides statutory authorization for Operation Stonegarden, which provides grants to law enforcement agencies for certain border security operations; prohibits DHS from processing the entry of non-U.S. nationals ( aliens under federal law) arriving between ports of entry; limits asylum eligibility to non-U.S. nationals who arrive in the United States at a port of entry; authorizes the removal of a non-U.S. national to a country other than that individual's country of nationality or last lawful habitual residence, whereas currently this type of removal may only be to a country that has an agreement with the United States for such removal; expands the types of crimes that may make an individual ineligible for asylum, such as a conviction for driving while intoxicated causing another person's serious bodily injury or death; authorizes DHS to suspend the introduction of certain non-U.S. nationals at an international border if DHS determines that the suspension is necessary to achieve operational control of that border; prohibits states from imposing licensing requirements on immigration detention facilities used to detain minors; authorizes immigration officers to permit an unaccompanied alien child to withdraw their application for admission into the United States even if the child is unable to make an independent decision to withdraw the application; imposes additional penalties for overstaying a visa; and requires DHS to create an electronic employment eligibility confirmation system modeled after the E-Verify system and requires all employers to use the system.

Citizenship for Essential Workers Act

United States · United States Congress · 1 May 2023

Citizenship for Essential Workers Act This bill establishes a mechanism for eligible non-U.S. nationals ( aliens under federal law) who worked as essential workers during the declared COVID-19 public health emergency to apply for and obtain lawful permanent resident status (sometimes referred to as a green card). The bill also narrows certain grounds for deportability and inadmissibility. To be eligible for a green card under this bill, an individual must have earned income at any point during the COVID-19 emergency period doing work deemed essential by the Department of Homeland Security (DHS) or a state or local government. An individual may also be eligible if that individual is a parent, spouse, or child of (1) an eligible individual who died from COVID-19, or (2) a member of the Armed Forces. Certain individuals shall be ineligible, such as an individual who was a refugee on January 1, 2023. To obtain a green card under this bill, an applying individual must satisfy additional requirements, including by passing a background check. Furthermore, the bill repeals provisions providing for three-year bars and permanent bars to admission into the United States. (Generally, these bars apply to individuals who were previously removed or unlawfully present.) The bill also narrows the scope of certain crime-based grounds for inadmissibility or deportability, such as by redefining the term conviction to exclude expunged convictions. The Department of Justice or DHS may waive certain grounds of inadmissibility or deportability (1) for humanitarian purposes, (2) to ensure family unity, or (3) for the public interest.

Safe Zones Act of 2023

United States · United States Congress · 27 April 2023

Safe Zones Act of 2023 This bill makes changes to procedures relating to seeking asylum, including by establishing facilities outside of the United States to accept and process refugee applications to the United States. Specifically, the Department of State must establish safe zones that accept applications for asylum from individuals who are nationals of (1) the country where that safe zone is located, or (2) a country next to the country where the safe zone is located. The State Department must establish at least three safe zones along the U.S.-Mexico border and one safe zone in Guatemala. For each safe zone, the State Department must (1) ensure that it is fortified from danger; (2) provide temporary housing for individuals with pending applications; (3) provide adequate meals; and (4) provide access to various services, including medical services. The bill also imposes various requirements related to safe zones, including deadlines for processing applications. The bill expands the definition of asylum officer (i.e., officers who conduct initial credible fear reviews to determine whether an asylum seeker's application may proceed) to include trained and qualified staff as determined by the Department of Homeland Security (DHS). (In 2020, a federal court ruled that DHS may not use U.S. Customs and Border Protection agents to conduct such interviews.) The bill also requires the hiring of additional border patrol agents and immigration judges.

Fair Adjudications for Immigrants Act

United States · United States Congress · 27 April 2023

Fair Adjudications for Immigrants Act This bill narrows the scope of certain crime-based grounds for barring or removing a non-U.S. national ( alien under federal law) from the United States. (Generally, a conviction for certain crimes, such as a crime that carries a term of incarceration of a certain length, may constitute grounds for denying an individual certain immigration benefits.) The bill redefines the term conviction to exclude convictions that have been dismissed, expunged, deferred, annulled, invalidated, withheld, vacated, or pardoned. The term must also exclude adjudications where a court issued a recommendation against removal, an order of probation without entry of judgment, or a similar disposition. In addition, any reference to a term of imprisonment or sentence must, unless otherwise provided (1) only consider the period of incarceration ordered by a court, and (2) exclude any suspended portion of a sentence. Currently, for immigration purposes, a term of incarceration includes any part of the sentence that was suspended. These provisions pertaining to the definition of conviction and terms of imprisonment shall apply to convictions and judgments entered either before or after this bill's enactment. Furthermore, certain crime-based grounds for barring or removing a non-U.S. national shall not apply if the sentencing court issues a recommendation that the alien not be removed on the basis of the conviction.

EXAMINING THE EFFECTS OF INCREASED MIGRATION ON COMMUNITIES ALONG THE SOUTHERN BORDER

United States · United States Senate · 26 April 2023

Lebanon TPS Act of 2023

United States · United States Congress · 26 April 2023

Lebanon TPS Act of 2023 This bill permits nationals of Lebanon to qualify for temporary protected status, which prevents their removal from the United States and allows them to obtain employment and travel authorization. Such status shall be available to qualifying nationals of Lebanon for 18 months starting from this bill's enactment. To qualify, an individual must meet various requirements, such as not having been convicted for certain crimes.

Farm Workforce Support Act of 2023

United States · United States Congress · 26 April 2023

Farm Workforce Support Act of 2023 This bill requires the Government Accountability Office to report to Congress on the H-2A (temporary agricultural workers) visa program. The report must examine various issues, including (1) whether U.S. employers are increasingly reliant on the program, (2) any challenges in securing adequate and affordable housing for H-2A workers, and (3) compliance with the employment conditions of the program.

Securing our Border Act

United States · United States Congress · 26 April 2023

Securing our Border Act This bill addresses issues concerning border security and immigration, including by transferring funds from the Internal Revenue Service to certain border-related projects. Specifically, the bill transfers certain funds previously appropriated for tax enforcement activities (e.g., collecting owed taxes and conducting criminal investigations) to fund (1) nonintrusive inspection systems along the northern border and southwest border of the United States, and (2) the construction of a border wall system along the southwest border. The bill also authorizes the U.S. Customs and Border Protection to pay recruitment, retention, and relocation bonuses, subject to various requirements and limitations. For example, a relocation bonus may not exceed 15% of the agent's annual basic bay and must be conditioned on the agent agreeing to serve for at least three years at the new duty station. The bill also modifies the treatment of non-U.S. nationals ( aliens under federal law) arriving by land from a country next to the United States. Specifically, if such an individual is not clearly entitled to admission into the United States, the Department of Justice must (1) return the individual to that neighboring country or a safe third country while removal proceedings are pending, or (2) detain the individual while the individual's asylum application is under consideration. (Current law authorizes DOJ to return the individual to the neighboring country but does not require such action or detention.)

Partner with Korea Act

United States · United States Congress · 26 April 2023

Partner with Korea Act This bill creates an E-4 nonimmigrant visa category for up to 15,000 nationals of South Korea each fiscal year who are coming to the United States solely to perform specialty occupation services, subject to various requirements. The 15,000 limit shall only apply to principal recipients of such visas and not their accompanying spouses or children. (A specialty occupation is one that requires the theoretical and practical application of highly specialized knowledge and a bachelor's degree or higher.)

Transparency of Migration Act

United States · United States Congress · 25 April 2023

Transparency of Migration Act This bill requires the Department of Homeland Security and the Department of Health and Human Services (HHS) to make publicly available online certain information about individuals unlawfully present in the United States who are (1) apprehended by U.S. Customs and Border Protection and sent to a federal detention center or released into the United States, or (2) processed through an HHS facility. This information must be updated weekly and must include daily numbers, the country of origin of such individuals, and other details.

Crime Doesn’t Fly Act of 2023

United States · United States Congress · 25 April 2023

Crime Doesn't Fly Act of 2023 This bill prohibits the use of Immigration and Customs Enforcement warrants for the arrest, removal, or deportation of a non-U.S. national ( alien under federal law) as proof of identity at an airport security checkpoint unless the non-U.S. national is being removed from the United States pursuant to immigration laws.

Partner with Korea Act

United States · United States Congress · 25 April 2023

Partner with Korea Act This bill creates an E-4 treaty trader visa category for up to 15,000 nationals of South Korea each fiscal year who are coming to the United States solely to perform specialty occupation services, subject to various requirements. The 15,000 limit shall only apply to principal recipients of such visas and not their accompanying spouses or children. (A specialty occupation is one that requires the theoretical and practical application of highly specialized knowledge and a bachelor's degree or higher.)

Filipino Veterans Family Reunification Act of 2023

United States · United States Congress · 25 April 2023

Filipino Veterans Family Reunification Act of 2023 This bill exempts from worldwide or numerical limitations certain family-sponsored immigrant visas for the sons and daughters of Filipino World War II veterans who were naturalized under certain laws providing for naturalization for service during World War II.

Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to "Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States".

United States · United States Congress · 25 April 2023

This joint resolution nullifies a Department of Labor final rule entitled Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States and published on February 28, 2023. This rule makes changes to the methodology used to set adverse effect wage rates for H-2A workers (temporary agricultural workers), including by using Bureau of Labor Statistics wage surveys in certain instances. (Generally, the minimum wage for an H-2A worker is the highest of the adverse effect wage rate, the applicable minimum wage, the prevailing wage for that occupation in that area, or any agreed-upon collective bargaining wage.)

A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to "Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States".

United States · United States Congress · 25 April 2023

This joint resolution nullifies a Department of Labor final rule entitled Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States and published on February 28, 2023. This rule makes changes to the methodology used to set adverse effect wage rates for H-2A workers (temporary agricultural workers), including by using Bureau of Labor Statistics wage surveys in certain instances. (Generally, the minimum wage for an H-2A worker is the highest of the adverse effect wage rate, the applicable minimum wage, the prevailing wage for that occupation in that area, or any agreed-upon collective bargaining wage.)

Filipino Veterans Family Reunification Act of 2023

United States · United States Congress · 25 April 2023

Filipino Veterans Family Reunification Act of 2023 This bill exempts from worldwide or numerical limitations certain family-sponsored immigrant visas for the sons and daughters of Filipino World War II veterans who were naturalized under certain laws providing for naturalization for service during World War II.

Border Reinforcement Act of 2023

United States · United States Congress · 24 April 2023

Border Reinforcement Act of 2023 This bill requires certain actions related to border security and addresses related issues. For example, the bill requires the Department of Homeland Security (DHS) to resume all activities related to constructing a wall along the U.S.-Mexico border that were underway or planned prior to January 20, 2021; requires U.S. Customs and Border Protection (CBP) to submit a strategic five-year technology investment plan to Congress; requires CBP to maintain an active duty presence of at least 22,000 full-time equivalent Border Patrol agents by September 30, 2025; provides statutory authorization for Operation Stonegarden, a program which provides grants to law enforcement agencies involved with certain CBP operations; prohibits DHS from processing the entry of non-U.S. nationals ( aliens under federal law) arriving in between ports of entry; prohibits the Transportation Security Administration (TSA) from accepting as proof of identification certain documents, such as a warrant issued by U.S. Immigration and Customs Enforcement (ICE) or an employment authorization issued by DHS; prohibits DHS from issuing any COVID-19 vaccine mandate unless expressly authorized by Congress or taking any adverse action against an employee based solely on the employee's refusal to receive a COVID-19 vaccine; limits the use of the CBP One mobile application or a similar program to only for inspecting perishable cargo; and requires the Government Accountability Office to study and report to Congress on the costs incurred by states in support of the federal mission to secure the southwest border and the feasibility of reimbursing states for such costs.

U.S. Customs and Border Protection Rural and Remote Hiring and Retention Strategy Act of 2023

United States · United States Congress · 24 April 2023

U.S. Customs and Border Protection Rural and Remote Hiring and Retention Strategy Act of 2023 This bill requires the Office of the Chief Human Capital Officer of the Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP) to issue a strategy and implementation plan to improve CBP's hiring and retention of individuals in rural or remote areas. Until the strategy and implementation plan are issued, DHS must periodically brief Congress and the Government Accountability Office (GAO) on its progress. After receiving each DHS report, the GAO must submit to Congress an assessment of the effectiveness of the actions described in the DHS report.

Returning Worker Accountability Act of 2023

United States · United States Congress · 20 April 2023

Returning Worker Accountability Act of 2023 This bill makes various changes to the H-2B visa program (temporary nonagricultural services), including by requiring the Department of Homeland Security to use biometric data to vet workers to identify any aliases and vet any discovered aliases for issues relating to national security, criminal history, and inadmissibility.

Stop the Invasion Act

United States · United States Congress · 20 April 2023

Stop the Invasion Act This bill requires the President to bar the entry of certain non-U.S. nationals (aliens under federal law) into the United States if U.S. Customs and Border Protection (CBP) encounters a certain number of inadmissible non-U.S. nationals. Specifically, this bar shall apply if CBP detains or finds on average more than 30,000 such inadmissible individuals each month over the most recent 12-month period. The bar shall cease when the average drops below 30,000 encounters. Such encounters shall include non-U.S. nationals who seek entry into the United States when the President has suspended entry to prevent the spread of a communicable disease. While this bar is in effect, the President must prohibit the entry of non-U.S. nationals who are inadmissible for specified reasons related to illegal entry, violation of immigration law, or lack of documentation.

Make the Migrant Protection Protocols Mandatory Act of 2023

United States · United States Congress · 20 April 2023

Make the Migrant Protection Protocols Mandatory Act of 2023 This bill requires the Department of Justice (DOJ) to remove certain non-U.S. nationals ( aliens under federal law) from the United States while such an individual's application for admission is pending. Specifically, if such an individual arrived by land from a foreign country bordering the United States and the individual is not clearly and beyond a doubt entitled to admission into the United States, DOJ must return that individual to that bordering foreign country while the individual's application for admission is pending. (Currently, DOJ may choose to detain such an individual or return the individual to the bordering foreign country while the application for admission is pending.)

Dignity for Detained Immigrants Act

United States · United States Congress · 20 April 2023

Dignity for Detained Immigrants Act of 2023 This bill directs the Department of Homeland Security (DHS) to establish standards for facilities holding non-U.S. nationals ( aliens under federal law) in its custody, phases out using non-DHS facilities for such purposes, and addresses related issues. The standards must comply with the American Bar Association's Civil Immigration Detention Standards. The DHS Office of Inspector General (OIG) must conduct periodic unannounced inspections of each facility and take various actions against noncompliant facilities, including imposing fines, cancelling contracts, and closing facilities. DHS must report to Congress any death of an individual 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 may not contract with third parties to operate detention facilities or alternatives to detention programs and must 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 must maintain certain information relating to immigration-related detention, including the detained individual's location and whether the individual was separated from family. The bill provides for various requirements and procedures related to immigration-related detention, including (1) prohibiting DHS from detaining children, (2) imposing a presumption that a detained individual should be released, and (3) establishing that individuals in custody shall be subject to the least restrictive conditions. The bill also abolishes mandatory detention for asylum seekers.

Dignity for Detained Immigrants Act of 2023

United States · United States Congress · 19 April 2023

Dignity for Detained Immigrants Act of 2023 This bill directs the Department of Homeland Security (DHS) to establish standards for facilities holding non-U.S. nationals ( aliens under federal law) in its custody, phases out using non-DHS facilities for such purposes, and addresses related issues. The standards must comply with the American Bar Association's Civil Immigration Detention Standards. The DHS Office of Inspector General (OIG) must conduct periodic unannounced inspections of each facility and take various actions against noncompliant facilities, including imposing fines, cancelling contracts, and closing facilities. DHS must report to Congress any death of an individual 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 may not contract with third parties to operate detention facilities or alternatives to detention programs and must 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 must maintain certain information relating to immigration-related detention, including the detained individual's location and whether the individual was separated from family. The bill provides for various requirements and procedures related to immigration-related detention, including (1) prohibiting DHS from detaining children, (2) imposing a presumption that a detained individual should be released, and (3) establishing that individuals in custody shall be subject to the least restrictive conditions. The bill also abolishes mandatory detention for asylum seekers.

Stop Fentanyl Border Crossings Act

United States · United States Congress · 19 April 2023

Stop Fentanyl Border Crossings Act This bill authorizes the Department of Health and Human Services (HHS) to restrict migration and imports from foreign countries to prevent the introduction of illicit drugs into the United States. Current law authorizes HHS to restrict migration and imports from foreign countries to prevent the introduction of communicable diseases. Under this bill, HHS may also restrict migration and imports from a country if HHS determines that the existence of substantial illicit drug smuggling from that country poses a risk to public health.

Fairness to Freedom Act of 2023

United States · United States Congress · 18 April 2023

Fairness to Freedom Act of 2023 This bill establishes a right to legal representation in certain immigration proceedings (e.g., removal and immigration bond hearings) at the government's expense for individuals who cannot afford representation. The bill also establishes various entities to facilitate such legal representation. Currently, individuals in these immigration proceedings may be represented by counsel but not at government expense. The bill addresses various issues related to such legal representation, including (1) the scope of the representation, (2) criteria for determining whether the individual is financially unable to afford representation, and (3) requirements relating to allowing the individual to meet with their lawyer and receiving relevant documents. Immigration proceedings may not commence until counsel has been appointed. The bill also establishes the Office of Immigration Representation to ensure that qualified individuals who cannot afford legal representation receive the representation as required by this bill. The office's duties shall include establishing (1) administrative regions throughout the United States, and (2) a local immigration representation board for each region. The local boards must, subject to the office's approval, develop and implement plans for providing legal representation under this bill. To provide such legal representation, the local boards may (1) establish one or more immigrant public defender organizations, (2) contract with existing community defender organizations, and (3) establish a panel attorney system. The bill establishes minimum funding requirements for the office.

Fairness to Freedom Act of 2023

United States · United States Congress · 18 April 2023

Fairness to Freedom Act of 2023 This bill establishes a right to legal representation in certain immigration proceedings (e.g., removal and immigration bond hearings) at the government's expense for individuals who cannot afford representation. The bill also establishes various entities to facilitate such legal representation. Currently, individuals in these immigration proceedings may be represented by counsel but not at government expense. The bill addresses various issues related to such legal representation, including (1) the scope of the representation, (2) criteria for determining whether the individual is financially unable to afford representation, and (3) requirements relating to allowing the individual to meet with their lawyer and receiving relevant documents. Immigration proceedings may not commence until counsel has been appointed. The bill also establishes the Office of Immigration Representation to ensure that qualified individuals who cannot afford legal representation receive the representation as required by this bill. The office's duties shall include establishing (1) administrative regions throughout the United States, and (2) a local immigration representation board for each region. The local boards must, subject to the office's approval, develop and implement plans for providing legal representation under this bill. To provide such legal representation, the local boards may (1) establish one or more immigrant public defender organizations, (2) contract with existing community defender organizations, and (3) establish a panel attorney system. The bill establishes minimum funding requirements for the office.

Border Security and Enforcement Act of 2023

United States · United States Congress · 17 April 2023

Border Security and Enforcement Act of 2023 This bill addresses issues regarding immigration and border security, including by imposing limits to asylum eligibility. For example, the bill limits asylum eligibility to non-U.S. nationals ( aliens under federal law) who arrive in the United States at a port of entry; allows for the removal of a non-U.S. national to a country other than that individual's country of nationality or last lawful habitual residence, whereas currently this type of removal may only be to a country that has an agreement with the United States for such removal; expands the types of crimes that may make an individual ineligible for asylum, such as a conviction for driving while intoxicated causing another person's serious bodily injury or death; requires a fee of at least $50 for each asylum application, except for certain applications involving an unaccompanied alien child; authorizes the Department of Homeland Security (DHS) to suspend the introduction of certain non-U.S. nationals at an international border if DHS determines that the suspension is necessary to achieve operational control of that border; prohibits states from imposing licensing requirements on immigration detention facilities used to detain minors; authorizes immigration officers to permit an unaccompanied alien child to withdraw their application for admission into the United States even if the child is unable to make an independent decision to withdraw the application; imposes additional penalties for overstaying a visa; and requires DHS to create an electronic employment eligibility confirmation system modeled after the E-Verify system and requires all employers to use the system.

Secure Our Border and Our Streets Act of 2023

United States · United States Congress · 17 April 2023

Secure Our Border and Our Streets Act of 2023 This bill requires states to annually report to the Department of Justice (DOJ) the immigration status of individuals convicted of a crime under that state's laws as a condition for receiving any DOJ funding.

Unaccompanied Alien Children Assistance Control Act

United States · United States Congress · 17 April 2023

Unaccompanied Alien Children Assistance Control Act This bill directs the President to reduce assistance to El Salvador, Guatemala, and Honduras based on how many unaccompanied alien children from each of those countries are placed in custody for immigration status. For each unaccompanied alien child placed in custody who is a citizen or national of one of these countries, the President shall reduce assistance to that country by $15,000 the following fiscal year.

Ensuring United Families at the Border Act

United States · United States Congress · 13 April 2023

Ensuring United Families at the Border Act This bill addresses the treatment of children who are non-U.S. nationals ( aliens under federal law), including by statutorily establishing that there is no presumption that such a child (other than an unaccompanied child) should not be detained for immigration purposes. Specifically, the bill states that the detention of such minors shall be governed by specified sections of the Immigration and Nationality Act and not any other provision of law, judicial ruling, or settlement agreement. (A 1997 settlement agreement, commonly known as the Flores agreement, imposes requirements relating to the treatment of detained alien minors, including requiring such minors to be released or placed in a nonsecure facility after a certain amount of time in detention.) If an adult enters the United States unlawfully with their child, DHS must detain the adult and child together if the only criminal charge against the adult is a misdemeanor for unlawful entry. This bill also prohibits states from imposing licensing requirements on immigration detention facilities used to detain minors or families with minors.

POLICE Act of 2023

United States · United States Congress · 6 April 2023

Protect Our Law enforcement with Immigration Control and Enforcement Act of 2023 or the POLICE Act of 2023 This bill makes assaulting a law enforcement officer a deportable offense.

Immigration Parole Reform Act of 2023

United States · United States Congress · 30 March 2023

Immigration Parole Reform Act of 202 3 This bill limits the authority of the Department of Homeland Security (DHS) to grant immigration parole (i.e., give official permission for an individual to enter and temporarily remain in the United States). Specifically, the bill (1) limits what qualifies as an urgent humanitarian reason or a significant public benefit that would justify granting parole, and (2) prohibits granting parole based on an individual's membership in a defined class of individuals. An urgent humanitarian reason is limited to specified medical emergencies and a significant public benefit is limited to assisting the U.S. government in a law enforcement matter. Individuals granted parole on the basis of an urgent humanitarian reason or a significant public benefit are not permitted to work while in the United States. Additionally, the bill provides statutory authority for DHS to grant parole to (1) certain Cuban nationals, (2) certain family members of active-duty Armed Forces members, and (3) certain removed individuals for the purpose of attending their immigration hearing.

Migrant Processing and Protection Act of 2023

United States · United States Congress · 30 March 2023

Migrant Processing and Protection Act of 2023 This bill expands the category of non-U.S. nationals ( aliens under federal law) who are subject to expedited removal (i.e., removal without further hearing or review) and addresses related issues. Specifically, this bill requires expedited removal for individuals who are unlawfully present or who unlawfully entered the United States. (Currently, DHS may, but is not required to, apply expedited removal to unlawfully present individuals who have been physically present in the United States for less than two years.) This section also requires detention for individuals who (1) are subject to expedited removal, (2) are subject to expedited removal and have expressed an intention to apply for asylum, or (3) have established a credible fear of persecution and are awaiting consideration of an asylum application. If DHS cannot comply with this detention requirement or remove an individual to a safe third country, DHS must return the individual to the neighboring country that the individual traveled through to reach the United States while the individual's case is pending.

Protection of Children Act of 2023

United States · United States Congress · 30 March 2023

Protection of Children Act of 2023 This bill modifies the treatment of unaccompanied alien children and tightens eligibility requirements for Special Immigrant Juvenile visas (immigrant visas for non-U.S. nationals under 21 years of age in the United States who have been abused or abandoned by a parent). Current law authorizes the Department of Homeland Security (DHS) to remove an unaccompanied alien child to their country of nationality or last habitual residence if that country is next to the United States. This section (1) eliminates the requirement that the country is next to the United States; and (2) requires the child's removal, whereas currently removal is authorized. This section also establishes and modifies deadlines for the handling of unaccompanied alien children. For example, if the child is a victim of severe human trafficking, the child must have a hearing before an immigration judge within 14 days of screening as part of removal proceedings. Furthermore, before DHS places an unaccompanied alien child with an individual, the Department of Health and Human Services must provide DHS with certain information about the individual, including social security number and immigration status. DHS must initiate removal proceedings if the individual is unlawfully present. This bill establishes that an individual does not qualify for a Special Immigrant Juvenile visa if reunification is possible with any parent or legal guardian. Currently, an individual may qualify if the individual cannot reunite with one or both parents due to abuse, neglect, or abandonment (i.e., an individual may qualify even if reunification with one parent is possible).

Visa Overstays Penalties Act

United States · United States Congress · 30 March 2023

Visa Overstays Penalties Act This bill increases the civil penalties for unlawful entry into the United States and establishes criminal penalties for overstaying a visa. A non-U.S. national ( alien under federal law) apprehended while unlawfully entering the United States shall be subject to a fine of at least $500 and up to $1,000 (currently at least $50 and up to $250). If an individual overstays a visa (or otherwise fails to comply with the conditions of a visa) for 10 days or more, on first offense the individual shall be subject to fines or imprisonment for up to six months, or both. For subsequent violations, the individual shall be subject to fines or imprisonment of up to two years, or both.

Stop Dangerous Sanctuary Cities Act

United States · United States Congress · 30 March 2023

Stop Dangerous Sanctuary Cities Act This bill addresses issues related to state and local government cooperation with federal immigration enforcement efforts, including by prohibiting uncooperative jurisdictions from receiving certain grants. Specifically, the bill prohibits a sanctuary jurisdiction from receiving grants under certain Economic Development Assistance Programs and the Community Development Block Grant Program. Under the bill, a sanctuary jurisdiction is a state or local government that has in effect a statute, policy, or practice that prohibits or restricts (1) information sharing with another government entity about an individual's immigration status, or (2) compliance with a lawfully issued Department of Homeland Security (DHS) detainer request or notification of release request. When complying with a DHS-issued detainer, a state or local government shall be deemed to be acting as an agent of DHS with all authority available to DHS officers and employees. The bill also limits the legal liability of a state or local government for complying with a detainer.

Combating Cartels on Social Media Act of 2023

United States · United States Congress · 29 March 2023

Combating Cartels on Social Media Act of 2023 This bill requires the Department of Homeland Security (DHS) to report and implement a strategy to combat the use of social media by transnational criminal organizations to recruit individuals in the United States to support illicit activities in the United States or countries near a U.S. international border. DHS must also identify a designee within U.S. Customs and Border Protection to receive, process, and disseminate information about these social media recruitment activities. The information must be disseminated to federal, tribal, state, and local entities to support appropriate government functions, such as providing actionable intelligence to law enforcement.

To provide for a limitation on availability of funds for Department of Labor, Employment and Training Administration, Migrant and Seasonal Farmworker Programs for fiscal year 2024.

United States · United States Congress · 29 March 2023

This bill limits FY2024 funding for the Employment and Training Administration's Migrant and Seasonal Farmworker programs.

New Way Forward Act

United States · United States Congress · 29 March 2023

New Way Forward Act This bill makes changes to immigration enforcement, including ending mandatory detention in certain cases. The Department of Homeland Security (DHS) may not enter into or extend any contract with any for-profit entity to own or operate a detention facility. The bill provides for various protections related to detaining non-U.S. nationals ( aliens under federal law), such as (1) requiring DHS to make an initial custody determination and establish probable cause within 48 hours of taking an individual into custody, (2) establishing in hearings related to such determinations a presumption that the individual be released, and (3) requiring immigration judges to impose the least restrictive detention conditions necessary. A DHS officer may not interrogate an individual as to immigration status based on factors such as the individual's race, religion, or spoken language. The bill removes mandatory detention requirements for certain individuals, such as asylum seekers with a credible fear of persecution. Certain individuals who were previously admitted into the United States may be removed only if removal proceedings commenced within five years of the individual becoming deportable or inadmissible. The bill also removes certain crime-related grounds of inadmissibility and deportability. The bill gives immigration judges discretion to provide relief from removal if the removal is not based on certain crime-related grounds. State or local officers are prohibited from performing certain immigration enforcement functions. The National Crime Information Center database may not contain an individual's immigration information. The bill repeals criminal penalties for improper entry or reentry into the United States.

Special Immigrant Visas for Afghan Fulbright Scholars Act of 2023

United States · United States Congress · 28 March 2023

Special Immigrant Visas for Afghan Fulbright Scholars Act of 2023 This bill authorizes special immigrant visas for qualifying citizens or nationals of Afghanistan who were selected for certain educational and cultural exchange programs. Specifically, a citizen or national of Afghanistan (and any accompanying spouse or child of such an individual) may be eligible for a special immigrant visa if the individual was selected between October 7, 2001, and August 31, 2023, to participate in a qualifying educational or cultural exchange program administered by the Department of State, including the J. William Fulbright Educational Exchange Program. Generally, such visas shall be subject to protections and requirements similar to those for special immigrant visas for citizens or nationals of Afghanistan who were employed by the United States in Afghanistan.

POWER Act

United States · United States Congress · 28 March 2023

Protect Our Workers from Exploitation and Retaliation Act or the POWER Act This bill expands protections for non-U.S. nationals ( aliens under federal law) who are victims of crimes or serious workplace violations. U visas (nonimmigrant visas for certain crime victims) shall be available to individuals who have suffered substantial harm related to workplace claims. The Department of Homeland Security (DHS) may allow a non-U.S. national to work and temporarily remain in the United States if the individual (1) has filed for a U visa or T visa (nonimmigrant visas for victims of human trafficking), or (2) has filed or is a material witness to a workplace claim or civil claim arising from criminal activity and is helpful to authorities investigating the claim. The bill removes direct numerical limitations on U visas. A notice to an individual to appear at removal proceedings must contain specified certifications, if the individual was taken (1) at a facility where a workplace claim has been filed, or (2) as a result of information provided in retaliation against individuals exercising their legal rights. Specifically, the notice must state that (1) an adverse immigration determination may not be based solely on information furnished by the party engaged in the unlawful activity, and (2) the individual's information may not be disclosed. Such an individual may not be removed until law enforcement has had a chance to interview the individual. Removal proceedings against an individual who has filed or is a witness to a workplace claim must be stayed until the resolution of the claim, with limited exceptions.

H–1B and L–1 Visa Reform Act of 2023

United States · United States Congress · 27 March 2023

H-1B and L-1 Visa Reform Act of 2023 This bill modifies requirements related to H-1B (specialty occupation) and L-1 (intracompany transfers) nonimmigrant visas and contains related provisions. Provisions relating to H-1B visas include requiring the Department of Labor to review petitions for indicators of fraud or misrepresentation of material fact; requiring the Department of Homeland Security (DHS) to prioritize certain petitions, with top priority for workers with advanced degrees in science, technology, or engineering; requiring an H-1B worker to possess at minimum a bachelor's degree to meet specialty occupation requirements (currently, relevant experience may be used instead); and prohibiting an individual classifiable in certain H-1B categories from obtaining a B-1 (temporary business visitor) visa. Provisions relating to L-1 visas include requiring a waiver from Labor for an L-1 worker to be primarily stationed with an employer other than the petitioning employer; prohibiting an individual from receiving an L-1 visa to open or be employed in a new office if the individual has received two or more such visas in the last two years; and increasing the L-1 worker minimum wage to the highest of certain amounts, such as the median wage for the worker's occupational classification in the area of employment (currently, an L-1 worker must be paid at least the higher of the federal or state minimum wage). In regards to both visas, the bill (1) expands the authority of DHS and Labor to take various enforcement actions, and (2) directs DHS to conduct annual audits of a certain percentage of employers.

PREVENT Fentanyl Act

United States · United States Congress · 27 March 2023

Providing Resources for Exceptional Veterans to End Narcotic Trafficking of Fentanyl Act or the PREVENT Fentanyl Act This bill expands the Human Exploitation Rescue Operation Child-Rescue Corps program to address fentanyl trafficking. (The program, which is part of U.S. Immigration and Customs Enforcement, trains eligible members and veterans of the Armed Forces as computer forensic analysts to combat child exploitation.) Under this bill, program participants must investigate and analyze fentanyl trafficking in addition to the issues required under current law, such as child exploitation and human trafficking. The bill also changes the name of the program to the Human Exploitation Rescue Operation Corps.

BARN Act

United States · United States Congress · 24 March 2023

Better Agriculture Resources Now Act or the BARN Act This bill revises the H-2A visa program (temporary agricultural workers), moves administration of the program from the Department of Labor to the Department of Agriculture, and addresses other immigration issues. The bill eliminates a statutory provision calling for the 50% rule, which requires an H-2A employer to hire any qualified U.S. applicants until half of the time period on an H-2A worker's contract has elapsed. The bill also revises requirements for employer-provided housing or housing allowances for H-2A workers, including standards for such accommodations. The employer shall request an inspection to certify that the housing meets the required standards. An employer shall not be required to pay an H-2A worker more than 115% of the federal or applicable state minimum wage, whichever is higher. Non-U.S. nationals ( aliens under federal law) admitted as H-2A workers who overstay their visas are barred from the program for five years. Individuals admitted on the basis of fraud or who commit certain crimes are barred permanently. Employers who knowingly hire H-2A workers who overstay their visas or employers who engage in fraud or misrepresentation shall be barred from the program. The bill also prohibits the Legal Services Corporation (LSC) from providing legal assistance for a non-U.S. national unless (1) the non-U.S. national is present in the United States, and (2) the parties have attempted to mediate in good faith. An H-2A employer is not required to allow an entity receiving LSC funding to enter the employer's property without an appointment with a specific H-2A worker.

Carnivals are Real Entertainment Act

United States · United States Congress · 24 March 2023

Carnivals are Real Entertainment Act This bill makes certain workers with a traveling carnival or circus eligible for P visas (nonimmigrant visas for athletes, artists, and entertainers). Such visas shall be available for workers who perform functions that are integral and essential to the carnival or circus, such as transporting and assembling relevant structures and equipment. Such visas shall only be available for a position if (1) there are not sufficient U.S. workers available, and (2) employing a non-U.S. national ( alien under federal law) will not affect the wages and working conditions of similarly employed U.S. workers.

Expressing the sense of the House of Representatives that Vice President Kamala Harris should be removed from her position as the head of the Biden administration's strategy to address the root causes of migration.

United States · United States Congress · 24 March 2023

This resolution urges the Biden administration to (1) remove Vice President Kamala Harris as the head of any executive branch task force or strategy related to immigration, (2) appoint an experienced and competent leader to replace Vice President Harris as the head of the Biden administration's strategy to address the root causes of migration, and (3) immediately provide U.S. Customs and Border Protection with the adequate support and resources to do their job effectively and adequately. The resolution also urges the administration to take action to protect American communities from fentanyl.

To extend the admission to Guam or the Commonwealth of the Northern Mariana Islands for certain nonimmigrant H-2B workers.

United States · United States Congress · 23 March 2023

This bill extends a provision that removes numerical limits for visas for certain temporary nonagricultural workers working on Guam or the Northern Mariana Islands. Under this bill, the provision shall apply to qualifying H-2B visa holders who are admitted into Guam or the Northern Mariana Islands before December 31, 2029, whereas currently the provision applies to H-2B visa holders admitted before December 31, 2024. (The provision exempts qualifying H-2B visa holders from the annual numerical limit on such visas. Generally, this exemption applies to H-2B workers performing labor (1) related to construction or facility services associated with the military alignment occurring on Guam or the Northern Mariana Islands; or (2) as a health care worker at a facility that jointly serves Armed Forces members, dependents, and civilians on Guam or the Northern Mariana Islands.)

ORDER Act

United States · United States Congress · 22 March 2023

Regional Immigration Diplomacy and Enforcement Act or the RIDE Act This bill requires the Department of State to seek to negotiate agreements with Western Hemisphere countries concerning issues related to immigration enforcement and refugee processing. The bill also requires a State Department study on certain issues related to border security. Such agreements must contain certain provisions. For example, the government of Mexico must (1) accept the rapid entrance into Mexico of non-Mexican nationals seeking asylum; (2) process the asylum claims of such individuals inside Mexico in accordance with domestic law and international treaties; (3) accept the continued presence in Mexico of such individuals who have pending applications for asylum in the United States, if the individual is ineligible for asylum in Mexico; and (4) provide appropriate humanitarian protections. Such agreements must also require the governments of Honduras, El Salvador, and Guatemala to accept the entrance of nationals of other countries seeking asylum and process such claims in accordance with domestic law and international treaties. The State Department must also report to Congress an assessment of the feasibility of opening a U.S. International Law Enforcement Center in southern Mexico to assist U.S. efforts to combat transnational organized crime and illegal immigration.

SECURE Flights Act

United States · United States Congress · 22 March 2023

Strengthening Enforcement and Criminalizing Unlawful Records Enabling Flights Act or the SECURE Flights Act This bill prohibits the use of certain warrants and other documents issued by U.S. Immigration and Customs Enforcement (ICE), the Department of Homeland Security (DHS), and U.S. Customs and Border Protection (CBP) as proof of identification at airport security checkpoints. If an individual uses a prohibited document as proof of identification, the Transportation Security Administration (TSA) must inform ICE, CBP, and local law enforcement to determine whether the individual is in violation of any term of release from custody of the agency. An individual who is in violation may not be permitted to enter a sterile area (e.g., the boarding area) unless the individual (1) is being removed or deported from the United States, or (2) presents a covered valid and unexpired identification document. Examples of covered identification documents include a U.S. passport, a biometrically secure card issued by a DHS trusted or registered traveler program, a state-issued enhanced driver's license, and an employment authorization document issued by U.S. Citizenship and Immigration Services. Further, prior to authorizing entry into a sterile area, the TSA must collect biometric information from an individual who (1) does not present a covered identification document, and (2) the TSA cannot verify is a U.S. national. The TSA must submit the information to the national Automated Biometric Identification System (IDENT).