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Bill· SS. 119 (109th)referred
United States · United States Congress · 24 January 2005
Unaccompanied Alien Child Protection Act of 2005 - Addresses the care and custody of unaccompanied alien children, defined as children under the age of 18 with no lawful immigration status and no parent or legal guardian in the United States who is available to provide care and physical custody. Directs immigration officers who find such children at U.S. land borders or ports of entry to permit them to withdraw their applications for admission and return to their country of nationality or last habitual residence in certain circumstances. States that such children shall have the right to consult with a consular officer prior to repatriation and with the Office of Refugee Resettlement (the Office) at the Department of Health and Human Services. Gives the Office jurisdiction over the care and custody of all other such children, including trafficking victims, except those charged with or convicted of felonies (excluding offenses proscribed by the Immigration and Nationality Act) or who threaten national security, whose custody and care is vested in the Directorate of Border and Transportation Security (the Directorate) at the Department of Homeland Security (DHS). Requires the Secretary of Homeland Security (the Secretary) to notify the Office promptly of the apprehension or discovery of such children. Specifies the order of preference for placing such children, subject to the discretion of the Director of the Office (the Director) and a suitability assessment by the State of the child's proposed residence or a voluntary agency contracted with the Office. Prohibits the placement of such children in adult detention facilities or in facilities housing delinquent children unless they exhibit violent or criminal behavior. Requires the Director and the Secretary to: (1) promulgate regulations incorporating standards for the conditions of detention of such children; and (2) develop procedures prohibiting the unreasonable use of restraints, solitary confinement, or pat or strip searches. Expresses the sense of Congress that the U.S. Government should undertake efforts to ensure that it does not repatriate children in its custody into settings that would threaten their life and safety. Requires: (1) the Secretary of State to include in each year's State Department Country Report on Human Rights an assessment of the degree to which each country protects children from smugglers and traffickers; and (2) the Directorate to consult that report and the Victims of Trafficking and Violence Protection Act of 2000: Trafficking in Persons Report in assessing whether to repatriate an unaccompanied alien child. Requires the Director to develop procedures for promptly determining the age of aliens in the custody of DHS or the Office when age is at issue. Authorizes the Director to appoint qualified and duly trained guardians ad litem for such children. Specifies the duties and powers of such guardians ad litem. Requires the Director to: (1) provide professional training for such guardians ad litem; and (2) implement a pilot program for their appointment. States that the Director should ensure that all such children in the Custody of the Office or the Directorate, except those being repatriated to a contiguous country, have competent counsel to represent them in immigration proceedings or matters. Requires the Executive Office for Immigration Review (EOIR) to develop and implement model guidelines for the legal representation of alien children in immigration proceedings. States that counsel shall: (1) have reasonable access to such children; (2) be given 24 hours advance notice of a transfer absent compelling and unusual circumstances; and (3) except in emergency situations involving the child's physical safety, be given prompt and adequate notice of all immigration matters affecting or involving such children. Bars such children in the custody of the Office from consenting to immigration actions, including voluntary departure, unless first afforded an opportunity to consult with counsel. Makes such guardian ad litem and counsel provisions applicable to all such children in Federal custody on, before, or after the effective date of this Act. Amends the Immigration and Nationality Act to specify that: (1) aliens seeking special immigrant juvenile (SIJ) status must be 18 years of age and under on the date of application; (2) court orders declaring such aliens dependent on a juvenile court located in the United States or placing them in the custody of a State entity due to abuse, neglect, abandonment or similar grounds shall be binding on the Secretary for purposes of SIJ adjudications; and (3) the Office must certify to the Director that SIJ classifications with respect to alien children in Federal custody have not been made solely to provide immigration benefits. Excludes presence without admission or parole as a ground for inadmissibility with regard to aliens seeking SIJ status. Authorizes the Secretary to waive certain additional grounds of inadmissibility. Makes the SIJ-related amendments of this Act applicable to all aliens who were in the United States before, on, or after enactment of this Act. Commends the (former) Immigration and Naturalization Service (INS) for its issuance of the Guidelines for Children's Asylum Claims and encourages implementation of such guidelines by INS and its successor. Calls upon EOIR to adopt such guidelines in its handling of children's asylum claims. Requires the Secretary to provide periodic comprehensive training under such guidelines. Requires such children apprehended by the Directorate, except those subject to contiguous country rules, to be placed in removal proceedings. Exempts such children from certain bars to seeking asylum. Amends the Homeland Security Act of 2002 (HSA) to make the Director responsible for: (1) continued assessments of the suitability of placements of such children; and (2) ensuring that minimum standards of care are met with regard to such children who reside in settings that are alternatives to detention. States that the amendments to HSA made by this Act shall be effective as if enacted as part of HSA.
Bill· SS. 15 (109th)open
United States · United States Congress · 24 January 2005
Quality Education for All Act - Extends authorizations of appropriations under: (1) the Head Start Act (HSA); and (2) the Child Care and Development Block Grant Act of 1990 (CCDBGA). Revises HSA provisions for: (1) Indian and migrant and seasonal programs; (2) expanded access to Early Head Start and Head Start; (3) part-day to full-day programs; (4) school readiness standards; (5) staff training, development, and salaries; and (6) tribal college or university partnership. Revises CCDBGA requirements for staff training and child care quality improvement activities. Directs the Secretary of Education to make competitive grants to rural local educational agencies for purchasing new school buses. Expresses the sense of the Senate regarding: (1) fully funding the Individuals with Disabilities Education Act by 2011; (2) funding for the Elementary and Secondary Education Act of 1965 (ESEA); and (3) increasing the maximum Pell Grant under the Higher Education Act of 1965 (HEA). Revises ESEA requirements for: (1) public school choice, supplemental educational services, and teacher quality; (2) adequate yearly progress determinations; (3) technical assistance; (4) assessment and accountability; and (5) prohibiting discrimination. Revises HEA to provide for: (1) extending and increasing authorizations of appropriations for TRIO and GEARUP programs; (2) no reduction of student aid eligibility based on updates to tax tables; (3) demonstration grants to help low-income students enroll in summer courses to complete their college degrees; and (4) tuition-free college for mathematics, science, and special education teachers, through additional amounts of student loan forgiveness. Amends the Internal Revenue Code to: (1) expand the deduction for higher education expenses; (2) establish a credit for interest on higher education loans; and (3) make Hope and Lifetime Learning credits refundable.
Bill· SS. 86 (109th)referred
United States · United States Congress · 24 January 2005
Declares Sung Jun Oh to be lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act upon payment of any necessary visa fees.
Bill· HRH.R. 295 (109th)referred
United States · United States Congress · 20 January 2005
Makes Konstantinos Ritos eligible for issuance of an immigrant visa or for adjustment of status to that of a lawful permanent resident of the United States under the Immigration and Nationality Act, upon payment of the required visa fees.
Bill· HRH.R. 261 (109th)referred
United States · United States Congress · 6 January 2005
Amends the Immigration and Nationality Act to extend to April 30, 2002, the deadline by which certain immigrant petitions or applications for labor certifications must be filed in order to allow beneficiaries of such petitions or applications to apply for adjustment of status. Makes this Act retroactively applicable as if enacted as part of the Legal Immigration Family Equity Act (signed into law on December 21, 2000).
Bill· HRH.R. 251 (109th)referred
United States · United States Congress · 6 January 2005
Preserving Educational Opportunities for Immigrant Children Act of 2005 - Amends the Immigration and Nationality Act (INA) to define "transplanted child" as an alien who has been granted cancellation of removal or who has such an application pending. Amends the Illegal Immigration Reform and Responsibility Act of 1996 to eliminate the provision prohibiting postsecondary education benefits based on State residency for an illegal alien unless a U.S. citizen or national is eligible for similar benefits without regard to such residency. Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to add transplanted children to the definition of "qualified alien" (thus making them eligible for public benefits). Amends the INA to authorize the Attorney General to cancel the removal of, and adjust to permanent resident status, certain aliens who are under the age of 18, or who are 18 and older, with qualifying years of continuous U.S. residency.
Bill· HRH.R. 248 (109th)referred
United States · United States Congress · 6 January 2005
Rural and Urban Health Care Act of 2005 - Amends the Immigration and Nationality Act to revise admission requirements for H-1C nonimmigrant nurses by, among other things: (1) allowing aliens who received a nursing education in Canada to claim licensure equivalency; (2) requiring aliens who twice fail to pass a State licensure examination to depart the United States; (3) substantially increasing the total number of available H-1C visas; and (4) increasing the type of qualifying employer-facilities. Increases the number of annual two-year foreign residency requirement waivers available to interested State agencies for aliens receiving graduate medical education or training in the United States.
Bill· HRH.R. 260 (109th)referred
United States · United States Congress · 6 January 2005
Father's Equity Act - Amends the Immigration and Nationality Act respecting acquisition of citizenship for a child born abroad and out of wedlock to a U.S.-citizen father to: (1) eliminate the requirement that the father agree in writing to provide financial support until the child reaches 18 years old; and (2) require that the child, at any time (currently, while under age 18), must have been legitimated or had paternity acknowledged or adjudicated. States that nothing in the provision respecting acquisition of citizenship for a child born abroad and out of wedlock shall be construed to preclude establishment of citizenship after the parent or parents' death.
Bill· HRH.R. 291 (109th)referred
United States · United States Congress · 6 January 2005
Makes Sharif Kesbeh, Asmaa Sharif Kesbeh, Baol Kesbeh, Noor Sharif Kesbeh, Alaa Kesbeh, Sondos Kesbeh, Hadeel Kesbeh, and Mohanned Kesbeh each eligible for issuance of an immigrant visa or for adjustment of status to that of a lawful permanent resident of the United States under the Immigration and Nationality Act, upon payment of the required visa fees.
Bill· HRH.R. 255 (109th)referred
United States · United States Congress · 6 January 2005
Commercial Alien Smuggling Elimination Act of 2005 or the CASE Act of 2005 - Amends the Immigration and Nationality Act to establish within the S visa nonimmigrant classification (criminal or terrorist law enforcement assistance) a category for an alien: (1) who has reliable information about a commercial alien smuggling enterprise; (2) who is willing to supply or has supplied such information to a Federal or State court; and (3) whose presence in the United States is essential to such investigation. Authorizes: (1) up to 400 annual entrants; and (2) status adjustment to permanent resident. Authorizes measures as necessary to protect such individuals and their families. Authorizes increased criminal penalties for a person illegally bringing in and harboring aliens into the United States if: (1) part of a commercial enterprise; and (2) the aliens were transported in groups of ten or more, and in a manner that endangered their lives or presented a U.S. health risk. Establishes in the Department of Homeland Security a rewards program to help eliminate such enterprises. (States that Federal, State, local, or foreign officers or employees performing their official duties shall be ineligible for such rewards.) Directs the Secretary of Homeland Security to implement a related public outreach program.
Bill· HRH.R. 245 (109th)referred
United States · United States Congress · 6 January 2005
Date of Registry and Legal Amnesty Restoration Act of 2005 - Amends the Immigration and Nationality Act to update the statutory eligibility date for the registry program. Authorizes aliens who have lived continuously in the United States since 1986 and are able to demonstrate good moral character to apply for permanent resident status. Establishes a rolling registry system to automatically update the statutory eligibility date for registry each year, beginning in 2006 and ending in 2010.
Bill· HRH.R. 257 (109th)referred
United States · United States Congress · 6 January 2005
Comprehensive Immigration Fairness Act - Amends the Immigration and Nationality Act (INA) to make permanently available the exception to the adjustment of status bar for beneficiaries of family petitions or labor certification applications. Adds grounds for discretionary waiver of inadmissibility. Authorizes K nonimmigrant status for specified family members of lawful permanent residents (LPRs) and additional family members of U.S. citizens who are awaiting immigrant visas. Authorizes the Secretary of Homeland Security (Secretary) to disregard as aggravated felonies (with immigration consequences) certain criminal convictions. Provides that a person who is a child on the last day of the 90-day period after a pending application for INA benefits is filed shall be considered to be a child for all purposes related to such application. Clarifies that the term "child" includes children for whom adoption proceedings were initiated prior to specified ages. Authorizes the Secretary to waive certain bars to admission. Establishes a program for earned access to legalization. Authorizes the adjustment of status of certain undocumented children. Amends the registry provision. Expands the list of unfair immigration-related employment practices. Requires petitioners for nonimmigrant workers to file affidavits describing efforts to recruit U.S. citizens or LPRs. Doubles the numerical cap on worldwide diversity immigrant visas. Provides for adjustment of status of certain Haitian nationals. Eliminates mandatory detention in asylum seekers' expedited removal proceedings. Amends the Haitian Refugee Immigration Fairness Act of 1998 to remove document fraud as a ground of inadmissibility and to address child-related determinations. Provides for adjustment of status of certain Liberian nationals. Modifies requirements applicable to asylum and refugee proceedings. Authorizes adjustment of status for certain recipients of temporary protected status. Repeals a provision in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 that bars Federal, State, and local governments from preventing the communication of immigration status information to the Department of Homeland Security. Repeals a provision of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 concerning verification of eligibility for Federal public benefits. Eliminates statutory authority permitting State personnel to carry out immigration officer functions.
Bill· HRH.R. 253 (109th)referred
United States · United States Congress · 6 January 2005
Traffic Stops Along the Border Statistics Study Act of 2005 - Directs the Attorney General to: (1) conduct a nationwide study of stops for traffic violations by law enforcement officers; (2) perform an initial analysis of existing data, including complaints alleging and information concerning traffic stops motivated by race and other bias; and (3) gather specified data from a nationwide sample of jurisdictions, including the traffic infraction alleged to have been committed that led to the stop, identifying characteristics of the driver stopped, whether immigration status was questioned, and whether any warning or citation was issued as a result of the stop. Authorizes the Attorney General to make grants to law enforcement agencies to collect and submit data collected under this Act to the appropriate agency as designated by the Attorney General. Prohibits information released from revealing the identity of any individual who is stopped or any officer involved.
Bill· HRH.R. 247 (109th)referred
United States · United States Congress · 6 January 2005
Increase in Numerical Limitation for Asylees Adjustment Act of 2005 - Amends the Immigration and Nationality Act to increase the annual limitation on the number of asylees who may adjust to permanent legal resident status.
Bill· HRH.R. 98 (109th)open
United States · United States Congress · 4 January 2005
Illegal Immigration Enforcement and Social Security Protection Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require inclusion of encrypted machine-readable electronic identification strips on Social Security cards. Requires the Commissioner of Social Security to: (1) develop the strip in a manner that enables employers to access the Employment Eligibility Database (EED) established by this Act; and (2) transmit to the Secretary of Homeland Security necessary information from an individual's application for a Social Security card or number (as determined by the Secretary) for inclusion in the EED. Directs the Secretary to establish and maintain the EED. Requires the EED to include data on the citizenship status and work and residency eligibility of noncitizens authorized to work in the United States. Restricts access to EED information. Prohibits individuals from commencing employment with a U.S. employer absent a Social Security card that meets the requirements of this Act and presentation of such card to the employer. Prohibits employers from hiring individuals absent verification of identity and work authorization. Authorizes the Secretary to: (1) assess penalties against employers who knowingly hire unauthorized workers or fail to comply with verification procedures; and (2) bring civil actions against those who fail to pay assessments or otherwise violate this Act. Establishes criminal penalties for such violations. Mandates integration of Border Patrol and Federal Bureau of Investigation fingerprint databases. States that nothing in this Act shall be construed to establish a national identification card.
Bill· HRH.R. 209 (109th)referred
United States · United States Congress · 4 January 2005
Baseball Diplomacy Act - Waives certain foreign assistance and trade and travel prohibitions against Cuba under specified Federal law regarding Cuban nationals who: (1) enter the United States on a visa to play organized professional baseball; and (2) return to Cuba with their baseball earnings. States that such visa shall be valid only for the duration of the season and need not be renewed as long as the player remains with the same team. Prohibits the President from denying visas to such nationals based upon authority under the Immigration and Nationality Act to restrict any entry of aliens or class of aliens that would be detrimental to U.S. interests. Declares that this Act shall not be affected by the economic embargo requirements against Cuba under the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996.
Bill· HRH.R. 193 (109th)referred
United States · United States Congress · 4 January 2005
Amends the Immigration and Nationality Act to allow States to be compensated for incarcerating undocumented aliens who are charged with a felony or two or more misdemeanors (currently, conviction is required).
Bill· HRH.R. 100 (109th)referred
United States · United States Congress · 4 January 2005
Citizens and Legal Immigration Act - Amends the Immigration and Nationality Act (INA) to bar inadmissible arriving aliens from seeking judicial review of removal orders through habeas corpus, mandamus, or other extraordinary petitions. Imposes a similar bar on denials of discretionary relief and orders against criminal aliens with an exception for petitions for review concerning constitutional claims or pure questions of law. Establishes the INA's judicial review provisions as the sole avenue for challenging removal orders and reviewing claims arising under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment.
Bill· HRH.R. 60 (109th)referred
United States · United States Congress · 4 January 2005
Tsunamis Temporary Protected Status Act of 2005 - Requires Sri Lanka, India, Indonesia, Thailand, Somalia, Myanmar, Malaysia, Maldives, Tanzania, Seychelles, Bangladesh, and Kenya to be treated as if such countries had been designated for purposes of the temporary protected status (TPS) provisions of the Immigration and Nationality Act. Establishes a one-year period of initial TPS designation. Makes aliens who are nationals of such nations eligible for TPS if they: (1) have been continuously physically present since the date of enactment of this Act; (2) are admissible as immigrants or eligible for certain waivers of inadmissibility and are not ineligible for TPS; and (3) register for TPS in the manner established by the Secretary of Homeland Security. Directs the Secretary to give prior consent to travel abroad to an alien granted TPS pursuant to this Act if the alien establishes that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad.
Bill· HRH.R. 105 (109th)referred
United States · United States Congress · 4 January 2005
Amends the Immigration and Nationality Act to exempt elementary and secondary schools from the fee imposed on employers filing petitions for temporary nonimmigrant workers under the H-1B (specialty occupations) visa program.
Bill· HRH.R. 143 (109th)referred
United States · United States Congress · 4 January 2005
Rural America Job Assistance and Creation Act - Directs the Secretary of Labor to make matching grants to regional consortia meeting specified criteria to improve the job skills necessary for employment in specific industries. Directs the Secretary of Commerce to make grants to establish and support entities that provide business incubator services (necessary to initiate and sustain operations of a newly established business, including legal, intellectual property, and technology services and planning) for small- and medium-sized businesses. Directs the Comptroller General to study how rural infrastructure, venture capital, and Federal programs can enhance rural areas. Amends the Worker Adjustment and Retraining Notification Act to require employer notification of Federal and State elected officials (as well as local ones) before dislocation of workers. Amends the Immigration and Nationality Act to require submission of H-1B labor condition applications at same time as H-1B nonimmigrant classification petitions. Amends the Internal Revenue Code to: (1) exclude certain amounts of severance payments from gross income; and (2) expand the work opportunity tax credit to include qualified small business employees.
Bill· HRH.R. 27 (109th)open
United States · United States Congress · 4 January 2005
Job Training Improvement Act of 2005 - Amends the Workforce Investment Act of 1998 (WIA) to revise requirements and reauthorize appropriations for: (1) WIA title I, workforce investment systems for job training and employment services; and (2) WIA title II, adult basic skills and family literacy education programs (renamed as the Adult Basic Skills and Family Literacy Education Act). Directs the Secretary of Labor to implement a national demonstration project on personal reemployment accounts (PRAs), through competitive project grants to States or local boards or consortia to provide PRAs to eligible individuals who are likely to exhaust their unemployment compensation. Revises and reauthorizes workforce investment systems with respect to: (1) State and local planning, allocation, work force investment board membership, and performance accountability; (2) one-stop centers; (3) consolidated funding for adult program activities, including job training, dislocated worker retraining, the employment service system, and reemployment grants; (4) training programs for both out-of-school and in-school youth, including challenge grants; and (5) national job training programs, including the Job Corps and programs for Native Americans, migrant and seasonal farmworkers, and veterans. Exempts religious organizations, with respect to their employment of individuals of a particular religion, from WIA nondiscrimination requirements. Repeals Wagner-Peyser Act provisions relating to the U.S. Employment Service. Revises requirements and reauthorizes appropriations for: (1) vocational rehabilitation services under the Rehabilitation Act of 1973; and (2) the Helen Keller National Center Act.
Bill· HRH.R. 19 (109th)referred
United States · United States Congress · 4 January 2005
Renames the basic employment eligibility verification pilot program established under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 as the Employment Eligibility Verification System. Directs the Secretary of Homeland Security to provide for permanent nationwide implementation of the System. Requires entities hiring individuals for employment in the United States to participate in such System. Phases in compliance requirements over a seven-year period according to the number of persons employed by the entity. Establishes sanctions for noncompliance. Provides for voluntary participation by entities not required to participate.
Bill· HRH.R. 139 (109th)referred
United States · United States Congress · 4 January 2005
Health Improvement and Professionals Act of 2005 - Requires the number of employment-based visas available in a fiscal year, beginning with FY 2005, to be increased by the number of unused visas in the four prior fiscal years. Makes such recaptured visas available to certain classes of skilled immigrants.