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Kurt Faulhammer

Border Security and Immigration Reform Act

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Plain English Summary:

  • $25 billion to the Department of Homeland Security with $12 billion for the construction of physical barriers

  • DACA legislative protection

  • The creation of a new temporary H-2C agricultural worker visa program

  • Sets family-sponsored immigration priorities

  • Ending of the practice of family separation from border detentions

  • Mandatory E-Verify

  • Elimination of the Diversity Visa lottery program

  • Uses forfeited criminal proceeds from cartel activities for funding purposes

  • Creates a 10% foreign remittance tax fee for funding purposes

  • Provided revenue streams continue past fiscal year 2020 additional funds are allocated to the Department of Homeland Security for border security purposes

 

IN THE HOUSE OF REPRESENTATIVES

Mr Faulhammer (For himself, On the behalf of President Macmillan, with thanks to Mr. Issa, Mr. Flake, Mr. Goodlatte, Mr. Cruz, Mr. Leonard, Mr. Grassley, and others)  introduced the following bill;

 


A BILL

To improve border security, authorize the cancellation of removal and adjustment of status of certain individuals who are long-term United States residents and who entered the United States as children, to create a nonimmigrant H–2C work visa program for agricultural workers, to limit the separation of families seeking asylum in the United States and expedite the asylum process for individuals arriving in the United States with children, to expand the use of E-Verify, and for other purposes.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

SECTION 1. SHORT TITLE.

This Act may be cited as the “Border Security and Immigration Reform Act”.

 

TITLE I – BORDER SECURITY

 

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated a total of $25,000,000 to the Department of Homeland Security for fiscal years 2017 through 2020 for the purpose of improving border security

SEC. 3. OPERATIONS AND SUPPORT.

(a) Purpose.—It is the purpose of this section to establish a Border Security Enforcement Fund (referred to in this section as the “Fund”), to be administered through the Department of Homeland Security and, in fiscal year 2017 only, through the Department of State, to provide for costs necessary to implement this Act and other Acts related to border security for activities, including—

(1) constructing, installing, deploying, operating, and maintaining tactical infrastructure and technology in the vicinity of the United States border—

(A) to achieve situational awareness and operational control of the border; and

(B) to deter, impede, and detect illegal activity in high traffic areas; and

(C) to implement other border security provisions under this section;

(2) implementing port of entry provisions under this section;

(3) purchasing new aircraft, vessels, spare parts, and equipment to operate and maintain such craft; and

(4) hiring and recruitment.

(b) Funding.—There are appropriated, to the Fund, out of any monies in the Treasury not otherwise appropriated, a total of $25,000,000 as follows:

(1) For fiscal year 2017, $6,250,000,000, to remain available through fiscal year 2021.

(2) For fiscal year 2018, $6,250,000,000, to remain available through fiscal year 2022.

(3) For fiscal year 2019, $6,250,000,000, to remain available through fiscal year 2023.

(4) For fiscal year 2020, $6,250,000,000, to remain available through fiscal year 2024.

(c) Physical Barriers.—

(1) IN GENERAL.—In each of the following fiscal years, the Secretary of Homeland Security shall transfer, from the Fund to the U.S. Customs and Border Protection—Procurement, Construction and Improvements account, for the purpose of constructing, replacing, or planning physical barriers along the United States land border, a total of $12,000,000,000 as follows:

(A) For fiscal year 2017, $3,000,000,000.

(B) For fiscal year 2018, $3,000,000,000.

(C) For fiscal year 2019, $3,000,000,000.

(D) For fiscal year 2020, $3,000,000,000.

(2) AVAILABILITY OF FUNDS.—Notwithstanding section 1552(a) of title 31, United States Code, any amounts obligated for the purposes described in paragraph (1) shall remain available for disbursement until expended.

(d) Transfer Authority.—Other than the amounts transferred by the Secretary of Homeland Security and the Secretary of State pursuant to subsections (b) and (c), the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives may provide for the transfer of amounts in the Fund for each fiscal year to eligible activities under this section, including—

(1) for the purpose of constructing, replacing, or planning for physical barriers along the United States land border; or

(2) for any of the activities described in subsection (a).

(e) Use Of Fund.—If the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives do not provide for the transfer of funds in a full-year appropriation in any fiscal year in accordance with subsection (d), the Secretary of Homeland Security shall transfer amounts in the Fund to accounts within the Department of Homeland Security for eligible activities under this section, including not less than the amounts specified in subsection (c) for the purpose of constructing, replacing, or planning for physical barriers along the United States land border.

(f) Budget Request.—A request for the transfer of amounts in the Fund under this section—

(1) shall be included in each budget for a fiscal year submitted by the President under section 1105 of title 31, United States Code; and

(2) shall detail planned obligations by program, project, and activity in the receiving account at the same level of detail provided for in the request for other appropriations in that account.

(g) Reporting Requirement.—At the beginning of fiscal year 2019, and annually thereafter until the funding made available under this title has been expended, the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on the Judiciary of the House of Representatives that describes—

(1) the status of border security in the United States; and

(2) the amount planned to be expended on border security during the upcoming fiscal year, broken down by project and activity.

 

TITLE II – DACA PROTECTION

 

SEC. 4. DEFINITIONS.

In this Act:

(1) IN GENERAL.—Any term used in this Act that is used in the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) shall have the meaning given such term in the immigration laws.

(2) DACA.—The term “DACA” means deferred action granted to an alien pursuant to the Deferred Action for Childhood Arrivals program announced by President Obama on June 15, 2012.

(3) DISABILITY.—The term “disability” has the meaning given such term in section 3(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(1)).

(4) POVERTY LINE.—The term “poverty line” has the meaning given such term in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902).

(5) SECRETARY.—The term “Secretary” means the Secretary of Homeland Security.

SEC. 5. PERMANENT RESIDENT STATUS FOR CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS CHILDREN.

(a) In General.—The Secretary shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien—

(1) who has been continuously present in the United States since June 15, 2012;

(2) who was granted DACA, unless the alien has engaged in conduct since the alien was granted DACA that would have rendered the alien ineligible for DACA renewal under the Deferred Action for Childhood Arrivals program, as in effect before September 5, 2017;

(3) who makes application for such adjustment not earlier than the date that is 2 years after the date on which the alien first was granted DACA;

(4) otherwise satisfies the requirements of this section; and

(5) to whom is available an immigrant visa pursuant to section 4.

(b) Procedures.—

(1) IN GENERAL.—The Secretary of Homeland Security shall by rule establish a procedure allowing eligible individuals to apply for the relief available under this section without requiring placement in removal proceedings and without requiring the immediate availability of an immigrant visa pursuant to section 4. Such procedure shall provide for the ability of a minor to apply for such relief, including through a legal guardian or counsel.

(2) ALIENS SUBJECT TO REMOVAL.—The Secretary shall provide a reasonable opportunity to apply for relief under this section to any alien who requests such an opportunity or who appears prima facie eligible for relief under this section if the alien is in removal proceedings, is the subject of a final removal order, or is the subject of a voluntary departure order.

(c) Application Fee.—

(1) IN GENERAL.—The Secretary may require an alien applying for permanent resident status under this section to pay a reasonable fee that is commensurate with the cost of processing the application.

(2) EXEMPTION.—An applicant may be exempted from paying the fee required under paragraph (1) if the alien—

(A) (i) is younger than 18 years of age;

(ii) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; and

(iii) is in foster care or otherwise lacking any parental or other familial support;

(B) is younger than 18 years of age and is homeless;

(C) (i) cannot care for himself or herself because of a serious, chronic disability; and

(ii) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; or

(D) (i) during the 12-month period immediately preceding the date on which the alien files an application under this section, accumulated $10,000 or more in debt as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien; and

(ii) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line.

(d) Submission Of Biometric And Biographic Data.—The Secretary may not grant an alien permanent resident status under this section unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data because of a physical impairment.

(e) Background Checks.—

(1) REQUIREMENT FOR BACKGROUND CHECKS.—The Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate—

(A) to conduct security and law enforcement background checks of an alien seeking permanent resident status under this section; and

(B) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such status.

(2) COMPLETION OF BACKGROUND CHECKS.—The security and law enforcement background checks of an alien required under subparagraph (A) shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary grants such alien permanent resident status under this section.

(f) Medical Examination.—

(1) REQUIREMENT.—An alien applying for permanent resident status under this section shall undergo a medical examination.

(2) POLICIES AND PROCEDURES.—The Secretary, with the concurrence of the Secretary of Health and Human Services, shall prescribe policies and procedures for the nature and timing of the examination required under paragraph (1).

(g) Military Selective Service.—An alien applying for permanent resident status under this section shall establish that the alien has registered under the Military Selective Service Act (50 U.S.C. 3801 et seq.), if the alien is subject to registration under such Act.

(h) Treatment Of Aliens Pending Grant Of Permanent Residence.—

(1) LIMITATION ON REMOVAL.—The Secretary or the Attorney General may not remove an alien who—

(A) has pending an application for relief under this section and appears prima facie eligible for such relief;

(B) has an approved application for relief under this section and is awaiting the availability of an immigrant visa pursuant to section 4; or

(C) is ineligible to apply for relief under this section solely due to the date limitation in subsection (a)(3).

(2) PROVISIONAL PROTECTED STATUS.—

(A) IN GENERAL.—In the case of an alien described in paragraph (1) whose DACA grant has ended, the Secretary shall grant provisional protected presence to the alien and shall provide the alien with employment authorization effective until the date on which—

(i) the alien’s application for relief under this section is finally denied; or

(ii) the Secretary cancels the removal of the alien and adjusts the status of the alien to that of an alien lawfully admitted for permanent residence.

(B) STATUS DURING PERIOD OF PROVISIONAL PROTECTED PRESENCE.—An alien granted provisional protected presence is not considered to be unlawfully present in the United States during the period beginning on the date such status is granted and ending on a date described in subparagraph (A), except that the Secretary may rescind an alien’s provisional protected presence and employment authorization under this paragraph if the Secretary determines that the alien—

(i) poses a threat to national security or a threat to public safety;

(ii) has traveled outside of the United States without authorization from the Secretary; or

(iii) has ceased to be continuously present in the United States since June 15, 2012.

(i) Treatment Of Certain Breaks In Presence.—

(1) IN GENERAL.—An alien shall be considered to have failed to maintain continuous presence in the United States under subsections (a)(1) and (h)(2)(B)(iii) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days, unless such departure was authorized by the Secretary of Homeland Security.

(2) EXCEPTION.—An alien who departed from the United States after the date of the enactment of this Act shall not be considered to have failed to maintain continuous presence in the United States if the alien’s absences from the United States are brief, casual, and innocent, whether or not such absences were authorized by the Secretary.

(3) EXTENSIONS FOR EXCEPTIONAL CIRCUMSTANCES.—The Secretary of Homeland Security may extend the time periods described in paragraph (1) if the alien demonstrates that the failure to timely return to the United States was due to exceptional circumstances. Exceptional circumstances sufficient to justify an extension may include the serious illness of the alien, or death or serious illness of a spouse, parent, grandparent, sibling, or child.

 

TITLE III – CREATION OF H2-C AGRICULTURAL WORK VISA PROGRAM

 

SEC. 6. H–2C TEMPORARY AGRICULTURAL WORK VISA PROGRAM.

(a) In General.—Section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended by striking “; or (iii)” and inserting “, or (c) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform agricultural labor or services; or (iii)”.

(b) Definition.—Section 101(a) of such Act (8 U.S.C. 1101(a)) is amended by adding at the end the following:

“(53) The term ‘agricultural labor or services’ has the meaning given such term by the Secretary of Agriculture in regulations and includes—

“(A) agricultural labor as defined in section 3121(g) of the Internal Revenue Code of 1986;

“(B) agriculture as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f));

“(C) the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state;

“(D) all activities required for the preparation, processing or manufacturing of a product of agriculture (as such term is defined in such section 3(f)) for further distribution;

“(E) forestry-related activities;

“(F) aquaculture activities; and

“(G) the primary processing of fish or shellfish.”.

SEC. 7. ADMISSION OF TEMPORARY H–2C WORKERS.

(a) Procedure For Admission.—Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after section 218 the following:

“SEC. 218A. ADMISSION OF TEMPORARY H–2C WORKERS.

“(a) Definitions.—In this section and section 218B:

“(1) DISPLACE.—The term ‘displace’ means to lay off a United States worker from the job for which H–2C workers are sought.

“(2) JOB.—The term ‘job’ refers to all positions with an employer that—

“(A) involve essentially the same responsibilities;

“(B) are held by workers with substantially equivalent qualifications and experience; and

“(C) are located in the same place or places of employment.

“(3) EMPLOYER.—The term ‘employer’ includes a single or joint employer, including an association acting as a joint employer with its members, who hires workers to perform agricultural labor or services.

“(4) FORESTRY-RELATED ACTIVITIES.—The term ‘forestry-related activities’ includes tree planting, timber harvesting, logging operations, brush clearing, vegetation management, herbicide application, the maintenance of rights-of-way (including for roads, trails, and utilities), regardless of whether such right-of-way is on forest land, and the harvesting of pine straw.

“(5) H–2C WORKER.—The term ‘H–2C worker’ means a nonimmigrant described in section 101(a)(15)(H)(ii)(c).

“(6) LAY OFF.—

“(A) IN GENERAL.—The term ‘lay off’—

“(i) means to cause a worker’s loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract (other than a temporary employment contract entered into in order to evade a condition described in paragraph (4) of subsection (b)); and

“(ii) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar position with the same employer at equivalent or higher wages and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer.

“(B) CONSTRUCTION.—Nothing in this paragraph is intended to limit an employee’s rights under a collective bargaining agreement or other employment contract.

“(7) UNITED STATES WORKER.—The term ‘United States worker’ means any worker who is—

“(A) a citizen or national of the United States; or

“(B) an alien who is lawfully admitted for permanent residence, is admitted as a refugee under section 207, or is granted asylum under section 208.

“(8) SPECIAL PROCEDURES INDUSTRY.—The term ‘special procedures industry’ includes sheepherding, goat herding, and the range production of livestock, itinerant commercial beekeeping and pollination, itinerant animal shearing, and custom combining and harvesting.

“(b) Petition.—An employer that seeks to employ aliens as H–2C workers under this section shall file with the Secretary of Homeland Security a petition attesting to the following:

“(1) OFFER OF EMPLOYMENT.—The employer will offer employment to the aliens on a contractual basis as H–2C workers under this section for a specific period of time during which the aliens may not work on an at-will basis (as provided for in section 218B), and such contract shall only be required to include a description of each place of employment, period of employment, wages and other benefits to be provided, and the duties of the positions.

“(2) TEMPORARY LABOR OR SERVICES.—

“(A) IN GENERAL.—The employer is seeking to employ a specific number of H–2C workers on a temporary basis and will provide compensation to such workers at a wage rate no less than that set forth in subsection (k)(2).

“(B) DEFINITION.—For purposes of this paragraph, a worker is employed on a temporary basis if the employer intends to employ the worker for no longer than the time period set forth in subsection (n)(1) (subject to the exceptions in subsection (n)(3)).

“(3) BENEFITS, WAGES, AND WORKING CONDITIONS.—The employer will provide, at a minimum, the benefits, wages, and working conditions required by subsection (k) to all workers employed in the job for which the H–2C workers are sought.

“(4) NONDISPLACEMENT OF UNITED STATES WORKERS.—The employer did not displace and will not displace United States workers employed by the employer during the period of employment of the H–2C workers and during the 30-day period immediately preceding such period of employment in the job for which the employer seeks approval to employ H–2C workers.

“(5) RECRUITMENT.—

“(A) IN GENERAL.—The employer—

“(i) conducted adequate recruitment before filing the petition; and

“(ii) was unsuccessful in locating sufficient numbers of willing and qualified United States workers for the job for which the H–2C workers are sought.

“(B) OTHER REQUIREMENTS.—The recruitment requirement under subparagraph (A) is satisfied if the employer places a local job order with the State workforce agency serving each place of employment, except that nothing in this subparagraph shall require the employer to file an interstate job order under section 653 of title 20, Code of Federal Regulations. The State workforce agency shall post the job order on its official agency website for a minimum of 30 days and not later than 3 days after receipt using the employment statistics system authorized under section 15 of the Wagner-Peyser Act (29 U.S.C. 49l–2). The Secretary of Labor shall include links to the official Web sites of all State workforce agencies on a single webpage of the official Web site of the Department of Labor.

“(C) END OF RECRUITMENT REQUIREMENT.—The requirement to recruit United States workers for a job shall terminate on the first day that work begins for the H–2C workers.

“(6) OFFERS TO UNITED STATES WORKERS.—The employer has offered or will offer the job for which the H–2C workers are sought to any eligible United States workers who—

“(A) apply;

“(B) are qualified for the job; and

“(C) will be available at the time, at each place, and for the duration, of need.

This requirement shall not apply to United States workers who apply for the job on or after the first day that work begins for the H–2C workers.

“(7) PROVISION OF INSURANCE.—If the job for which the H–2C workers are sought is not covered by State workers’ compensation law, the employer will provide, at no cost to the workers unless State law provides otherwise, insurance covering injury and disease arising out of, and in the course of, the workers’ employment, which will provide benefits at least equal to those provided under the State workers compensation law for comparable employment.

“(f) Roles Of Agricultural Associations.—

“(1) TREATMENT OF ASSOCIATIONS ACTING AS EMPLOYERS.—If an association is a joint employer of workers who perform agricultural labor or services, H–2C workers may be transferred among its members to perform the agricultural labor or services on a temporary basis for which the petition was approved.

“(2) TREATMENT OF VIOLATIONS.—

“(A) INDIVIDUAL MEMBER.—If an individual member of an association that is a joint employer commits a violation described in paragraph (2) or (3) of subsection (i) or subsection (j)(1), the Secretary of Agriculture shall invoke penalties pursuant to subsections (i) and (j) against only that member of the association unless the Secretary of Agriculture determines that the association participated in, had knowledge of, or had reason to know of the violation.

“(B) ASSOCIATION OF AGRICULTURAL EMPLOYERS.—If an association that is a joint employer commits a violation described in subsections (i)(2) and (3) or (j)(1), the Secretary of Agriculture shall invoke penalties pursuant to subsections (i) and (j) against only the association and not any individual members of the association, unless the Secretary determines that the member participated in the violation.

“(g) Expedited Administrative Appeals.—The Secretary of Homeland Security shall promulgate regulations to provide for an expedited procedure for the review of a denial of a petition under this section by the Secretary. At the petitioner’s request, the review shall include a de novo administrative hearing at which new evidence may be introduced.

“(h) Fees.—The Secretary of Homeland Security shall require, as a condition of approving the petition, the payment of a fee to recover the reasonable cost of processing the petition.

“(i) Enforcement.—

“(1) INVESTIGATIONS AND AUDITS.—The Secretary of Agriculture shall be responsible for conducting investigations and audits, including random audits, of employers to ensure compliance with the requirements of the H–2C program. All monetary fines levied against employers shall be paid to the Department of Agriculture and used to enhance the Department of Agriculture’s investigative and auditing abilities to ensure compliance by employers with their obligations under this section.

“(2) VIOLATIONS.—If the Secretary of Agriculture finds, after notice and opportunity for a hearing, a failure to fulfill an attestation required by this subsection, or a material misrepresentation of a material fact in a petition under this subsection, the Secretary—

“(A) may impose such administrative remedies (including civil money penalties in an amount not to exceed $1,000 per violation) as the Secretary determines to be appropriate; and

“(B) may disqualify the employer from the employment of H–2C workers for a period of 1 year.

“(3) WILLFUL VIOLATIONS.—If the Secretary of Agriculture finds, after notice and opportunity for a hearing, a willful failure to fulfill an attestation required by this subsection, or a willful misrepresentation of a material fact in a petition under this subsection, the Secretary—

“(A) may impose such administrative remedies (including civil money penalties in an amount not to exceed $5,000 per violation, or not to exceed $15,000 per violation if in the course of such failure or misrepresentation the employer displaced one or more United States workers employed by the employer during the period of employment of H–2C workers or during the 30-day period immediately preceding such period of employment) in the job the H–2C workers are performing as the Secretary determines to be appropriate;

“(B) may disqualify the employer from the employment of H–2C workers for a period of 2 years;

“(C) may, for a subsequent failure to fulfill an attestation required by this subsection, or a misrepresentation of a material fact in a petition under this subsection, disqualify the employer from the employment of H–2C workers for a period of 5 years; and

“(D) may, for a subsequent willful failure to fulfill an attestation required by this subsection, or a willful misrepresentation of a material fact in a petition under this subsection, permanently disqualify the employer from the employment of H–2C workers.

“(j) Failure To Pay Wages Or Required Benefits.—

“(1) IN GENERAL.—If the Secretary of Agriculture finds, after notice and opportunity for a hearing, that the employer has failed to provide the benefits, wages, and working conditions that the employer has attested that it would provide under this subsection, the Secretary shall require payment of back wages, or such other required benefits, due any United States workers or H–2C workers employed by the employer.

“(2) AMOUNT.—The back wages or other required benefits described in paragraph (1)—

“(A) shall be equal to the difference between the amount that should have been paid and the amount that was paid to such workers; and

“(B) shall be distributed to the workers to whom such wages or benefits are due.

“(k) Minimum Wages, Benefits, And Working Conditions.—

“(1) PREFERENTIAL TREATMENT OF H–2C WORKERS PROHIBITED.—

“(A) IN GENERAL.—Each employer seeking to hire United States workers for the job the H–2C workers will perform shall offer such United States workers not less than the same benefits, wages, and working conditions that the employer will provide to the H–2C workers. No job offer may impose on United States workers any restrictions or obligations which will not be imposed on H–2C workers.

“(B) INTERPRETATION.—Every interpretation and determination made under this section or under any other law, regulation, or interpretative provision regarding the nature, scope, and timing of the provision of these and any other benefits, wages, and other terms and conditions of employment shall be made so that—

“(i) the services of workers to their employers and the employment opportunities afforded to workers by the employers, including those employment opportunities that require United States workers or H–2C workers to travel or relocate in order to accept or perform employment—

“(I) mutually benefit such workers, as well as their families, and employers; and

“(II) principally benefit neither employer nor employee; and

“(ii) employment opportunities within the United States benefit the United States economy.

“(2) REQUIRED WAGES.—

“(A) IN GENERAL.—Each employer petitioning for H–2C workers under this subsection will offer the H–2C workers, during the period of authorized employment as H–2C workers, wages that are at least the greatest of—

“(i) the applicable State or local minimum wage;

“(ii) 115 percent of the Federal minimum wage, or 150 percent of the Federal minimum wage in the case of H–2C workers who perform agricultural labor or services consisting of meat or poultry processing; or

“(iii) the actual wage level paid by the employer to all other individuals in the job.

“(B) SPECIAL RULE.—An employer can utilize a piece rate or other alternative wage payment system so long as the employer guarantees each worker a wage rate that equals or exceeds the amount required under subparagraph (A) for the total hours worked in each pay period. Compensation from a piece rate or other alternative wage payment system shall include time spent during rest breaks, moving from job to job, clean up, or any other nonproductive time, provided that such time does not exceed 20 percent of the total hours in the work day.

“(3) EMPLOYMENT GUARANTEE.—

“(A) IN GENERAL.—

“(i) REQUIREMENT.—Each employer petitioning for workers under this subsection shall guarantee to offer the H–2C workers and United States workers performing the same job employment for the hourly equivalent of not less than 50 percent of the work hours set forth in the work contract.

“(ii) FAILURE TO MEET GUARANTEE.—If an employer affords the United States workers or the H–2C workers less employment than that required under this subparagraph, the employer shall pay such workers the amount which the workers would have earned if the workers had worked for the guaranteed number of hours.

“(B) CALCULATION OF HOURS.—Any hours which workers fail to work, up to a maximum of the number of hours specified in the work contract for a work day, when the workers have been offered an opportunity to do so, and all hours of work actually performed (including voluntary work in excess of the number of hours specified in the work contract in a work day) may be counted by the employer in calculating whether the period of guaranteed employment has been met.

“(C) LIMITATION.—If the workers abandon employment before the end of the work contract period, or are terminated for cause, the workers are not entitled to the 50 percent guarantee described in subparagraph (A).

“(D) TERMINATION OF EMPLOYMENT.—

“(i) IN GENERAL.—If, before the expiration of the period of employment specified in the work contract, the services of the workers are no longer required due to any form of natural disaster, including flood, hurricane, freeze, earthquake, fire, drought, plant or animal disease, pest infestation, regulatory action, or any other reason beyond the control of the employer before the employment guarantee in subparagraph (A) is fulfilled, the employer may terminate the workers’ employment.

“(ii) REQUIREMENTS.—If a worker’s employment is terminated under clause (i), the employer shall—

“(I) fulfill the employment guarantee in subparagraph (A) for the work days that have elapsed during the period beginning on the first work day and ending on the date on which such employment is terminated;

“(II) make efforts to transfer the worker to other comparable employment acceptable to the worker; and

“(III) not later than 72 hours after termination, notify the Secretary of Agriculture of such termination and stating the nature of the contract impossibility.

“(l) Nondelegation.—The Department of Agriculture and the Department of Homeland Security shall not delegate their investigatory, enforcement, or administrative functions relating to this section or section 218B to other agencies or departments of the Federal Government.

“(m) Compliance With Bio-Security Protocols.—Except in the case of an imminent threat to health or safety, any personnel from a Federal agency or Federal grantee seeking to determine the compliance of an employer with the requirements of this section or section 218B shall, when visiting such employer’s place of employment, make their presence known to the employer and sign-in in accordance with reasonable bio-security protocols before proceeding to any other area of the place of employment.

“(n) Limitation On H–2C Workers’ Stay In Status.—

“(1) MAXIMUM PERIOD.—The maximum continuous period of authorized status as an H–2C worker (including any extensions) is 18 months for workers employed in a job that is of a temporary or seasonal nature. For H–2C workers employed in a job that is not of a temporary or seasonal nature, the initial maximum continuous period of authorized status is 36 months and subsequent maximum continuous periods of authorized status are 18 months.

“(2) REQUIREMENT TO REMAIN OUTSIDE THE UNITED STATES.—In the case of H–2C workers who were employed in a job of a temporary or seasonal nature whose maximum continuous period of authorized status as H–2C workers (including any extensions) have expired, the aliens may not again be eligible to be H–2C workers until they remain outside the United States for a continuous period equal to at least 112 of the duration of their previous period of authorized status an H–2C workers. For H–2C workers who were employed in a job not of a temporary or seasonal nature whose maximum continuous period of authorized status as H–2C workers (including any extensions) have expired, the aliens may not again be eligible to be H–2C workers until they remain outside the United States for a continuous period equal to at least the lesser of 112 of the duration of their previous period of authorized status as H–2C workers or 45 days.

“(3) EXCEPTIONS.—

“(A) The Secretary of Homeland Security shall deduct absences from the United States that take place during an H–2C worker’s period of authorized status from the period that the alien is required to remain outside the United States under paragraph (2), if the alien or the alien’s employer requests such a deduction, and provides clear and convincing proof that the alien qualifies for such a deduction. Such proof shall consist of evidence such as arrival and departure records, copies of tax returns, and records of employment abroad.

“(B) There is no maximum continuous period of authorized status as set forth in paragraph (1) or a requirement to remain outside the United States as set forth in paragraph (2) for H–2C workers employed as a sheepherder, goatherder, in the range production of livestock, or who return to the workers’ permanent residence outside the United States each day.

“(o) Period Of Admission.—

“(1) IN GENERAL.—In addition to the maximum continuous period of authorized status, workers’ authorized period of admission shall include—

“(A) a period of not more than 7 days prior to the beginning of authorized employment as H–2C workers for the purpose of travel to the place of employment; and

“(B) a period of not more than 14 days after the conclusion of their authorized employment for the purpose of departure from the United States or a period of not more than 30 days following the employment for the purpose of seeking a subsequent offer of employment by an employer pursuant to a petition under this section (or pursuant to at-will employment under section 218B during such times as that section is in effect) if they have not reached their maximum continuous period of authorized employment under subsection (n) (subject to the exceptions in subsection (n)(3)) unless they accept subsequent offers of employment as H–2C workers or are otherwise lawfully present.

“(2) FAILURE TO DEPART.—H–2C workers who do not depart the United States within the periods referred to in paragraph (1) will be considered to have failed to maintain nonimmigrant status as H–2C workers and shall be subject to removal under section 237(a)(1)(C)(i). Such aliens shall be considered to be inadmissible pursuant to section 212(a)(9)(B)(i) for having been unlawfully present, with the aliens considered to have been unlawfully present for 181 days as of the 15th day following their period of employment for the purpose of departure or as of the 31st day following their period of employment for the purpose of seeking subsequent offers of employment.

“(p) Abandonment Of Employment.—

“(1) REPORT BY EMPLOYER.—Not later than 72 hours after an employer learns of the abandonment of employment by H–2C workers before the conclusion of their work contracts, the employer shall notify the Secretary of Agriculture and the Secretary of Homeland Security of such abandonment.

“(2) REPLACEMENT OF ALIENS.—An employer may designate eligible aliens to replace H–2C workers who abandon employment notwithstanding the numerical limitation found in section 214(g)(1)(C).

“(q) Change To H–2C Status.—

“(1) IN GENERAL.—An alien described in paragraph (4) is eligible for status as an H–2C worker despite their unlawful presence.

“(2) WAIVER.—In the case of an alien described in paragraph (4), the Secretary of Homeland Security shall waive the grounds of inadmissibility under paragraphs (5), (6), (7), and (9)(B) of section 212(a), and the grounds of deportability under subparagraphs (A) through (D) of paragraph (1), and paragraph (3), of section 237(a), with respect to conduct that occurred prior to the alien first seeking status as an H–2C worker, solely in order to provide the alien with such status.

“(3) REQUIREMENT TO REMAIN OUTSIDE THE UNITED STATES.—An alien granted status as an H–2C worker under this subsection shall, after first being granted such status, depart the United States for a period by not later than 180 days after being issued a visa or otherwise being provided with status as an H–2C worker. Failure to comply with the requirement of the previous sentence shall be considered failure to maintain nonimmigrant status, and beginning on the date that is 180 days after the date on which the alien was granted such status, the alien shall be subject to removal under section 237(a)(1)(C)(i).

“(4) ALIEN DESCRIBED.—An alien described in this paragraph is an alien who—

“(A) was unlawfully present in the United States on October 23, 2017; and

“(B) performed agricultural labor or services in the United States for at least 5.75 hours during each of at least 180 days during the 2-year period ending on the date of the enactment of the Compromise Immigration Act.

 

TITLE IV – FAMILY SPONSORED IMMIGRATION PRIORITIES

 

 

SECTION8. FAMILY-SPONSORED IMMIGRATION PRIORITIES

 

a)      Qualification for family-sponsored immigration will be limited to spouses and under-21 year old children of lawfully admitted permanent residence

b)      Family-sponsored visas will be capped at 300,000 per fiscal year

SECTION VI. NEW NON-IMMIGRANT CLASSIFICATION

 

c)      A new non-immigrant classification is to be established for parents of United States citizen over the age of 21

1)      Non-immigrant status grants no work eligibility

2)      Non-immigrant status grants no eligibility for public assistance

 

d)      An initial period of five years of visa admittance will be granted that may be reauthorized given the son or daughter United States citizen is still residing in the United States

 

e)      Such non-immigrant visas are only granted once the sponsoring citizen can show financial responsibility for their parent and have arrangements for health insurance at no expense of the parent for the length of the admittance period

 

 

 

TITLE V – FAMILY SEPARATION

 

SEC. 9. ENSURING FAMILIES REMAIN TOGETHER.

Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement:

(a) A child shall remain in the custody of and be detained in the same facility as the Asylum Applicant who is the child’s parent or legal guardian during the pendency of the Asylum Applicant’s asylum or withholding of removal proceedings.

(b) If a child has multiple parents or legal guardians who are Asylum Applicants, that child shall remain in the custody of and be detained in the same facility as all of the child’s parents and legal guardians during the pendency of the Asylum Applicants’ asylum or withholding of removal proceedings; unless one of the child’s parents or legal guardians is present in the United States and not in any form of detention, in which case the child shall be placed in the custody of that parent or legal guardian.

SEC. 10. FACILITIES FOR ASYLUM APPLICANTS WHO RETAIN CUSTODY OF A CHILD.

(a) The designated agencies shall maintain facilities for the joint detention of Asylum Applicants who retain custody of a child and the child. These facilities shall only contain individuals who are under the age of 18 or are the parents or legal guardians of individuals under the age of 18.

(b) Funding.—There are authorized to be appropriated for each of fiscal years 2017, 2018, 2019, and 2020 such sums as may be necessary to carry out this section.

SEC. 11. INCREASING THE NUMBER OF AUTHORIZED IMMIGRATION JUDGES.

(a) Increase In Immigration Judges.—The Attorney General of the United States shall increase the total number of immigration judges to adjudicate pending cases and efficiently process future cases by 375 judges.

(b) Necessary Support Staff For Immigration Judges.—To address the shortage of support staff for immigration judges, the Attorney General shall ensure that each immigration judge has sufficient support staff, adequate technological and security resources, and appropriate courtroom facilities.

(c) Increase In Board Of Immigration Appeals Attorneys.—The Attorney General shall increase the number of Board of Immigration Appeals staff attorneys by sixty attorneys.

(d) Necessary Support Staff For Board Of Immigration Appeals.—To address the shortage of support staff for the Board of Immigration appeals, the Attorney General shall ensure that the Board of Immigration Appeals and its staff attorneys has sufficient support staff and adequate technological and security resources.

(e) Prioritization Of Asylum Applicants.—Any immigration judges, Board of Immigration Appeals staff attorneys, and support staff hired under the authority of this section shall prioritize asylum applications that are filed by Asylum Applicants.

(f) Funding.—There are authorized to be appropriated for each of fiscal years 2019, 2020, and 2021 such sums as may be necessary to carry out this section.

SEC. 12. INCREASING THE NUMBER OF AVAILABLE DEPARTMENT OF HOMELAND SECURITY EMPLOYEES.

(a) Increase In Department Of Homeland Security Personnel.—The Secretary of Homeland Security shall increase the total number of Department personnel that are responsible for processing asylum applications filed by Asylum Applicants by 200 individuals. Positions authorized before the date of the enactment of this Act and any existing officer vacancies within the Department of Homeland Security on such date of enactment shall not count towards the increase mandated by this paragraph.

(b) Increase In Department Of Homeland Security Personnel.—The Secretary is authorized to procure space, temporary facilities, and to hire the required administrative and legal support staff, on an expedited basis, to accommodate the additional positions authorized under this section.

(c) Funding.—There are authorized to be appropriated for each of fiscal years 2019, 2020, and 2021 such sums as may be necessary to carry out this section.

SEC. 13. ESTABLISHING DEADLINES FOR PROCESSING OF ASYLUM APPLICANTS.

Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement:

(a) In General.—

(1) The Attorney General and Secretary of Homeland Security shall establish within 60 days of the enactment of this Act procedures for the expedited consideration of asylum applications filed by Asylum Applicants, pursuant to the guidelines set forth in this Act.

(2) An asylum application filed by Asylum Applicants must be governed by the expedited procedures set forth by this Act, as opposed to existing asylum law, procedures, regulations, and timelines. But unless modified by this Act or the procedures set forth in, regulations promulgated pursuant to, and timelines established by this Act, the standards, procedures, and burdens of proof established by existing law and regulations for asylum applications shall apply to an asylum application filed by an Asylum Applicant.

(3) Until the Attorney General and Secretary of Homeland Security have established procedures for expedited consideration of asylum applications under this section, any asylum application filed by an Asylum Applicant shall be reviewed under existing law, regulations, and procedures for the evaluation of an asylum claim. Other sections of this Act, including sections 2, 3, and 8, will nonetheless begin to apply to Asylum Applicants upon enactment of this Act.

(b) Asylum Interviews.—

(1) Within 24 hours of an initial referral from immigration officials of an asylum application by an Asylum Applicant, an asylum officer shall conduct an asylum interview of the Asylum Applicant.

(2) The Attorney General shall provide information concerning the asylum interview described in this section to Asylum Applicants at least twelve hours prior to the asylum interview. An Asylum Applicant may consult with a person or persons of the Asylum Applicant’s choosing prior to the interview or any review thereof, according to regulations prescribed by the Attorney General. Such consultation shall be at no expense to the Government and shall not unreasonably delay the process.

(3) Within 24 hours of the start of an asylum interview, the asylum officer must make a determination of whether the Asylum Application has a credible fear of persecution.

(4) If the officer determines that the Asylum Applicant has a credible fear of persecution, the Asylum Applicant shall be detained for further consideration of the application for asylum and referred for an asylum determination consistent with subsection (d).

(5) If the officer determines that the Asylum Applicant does not have a credible fear of persecution, the Asylum Applicant has 24 hours to request review by an Immigration Judge. If the Asylum Applicant does not request review of the determination within that time period, a Final Order of Removal shall be issued.

(6) The asylum officer shall prepare a written record of a determination that the Asylum Applicant does not have a credible fear of persecution. Such record shall include a summary of the material facts as stated by the Asylum Applicant, such additional facts (if any) relied upon by the officer, and the officer’s analysis of why, in the light of such facts, the Asylum Applicant has not established a credible fear of persecution. A copy of the officer’s interview notes shall be attached to the written summary.

(c) Appearance Before Immigration Judge.—

(1) In the case of an Asylum Applicant referred to an Immigration Judge following a determination of credible fear of persecution by the asylum officer or an Asylum Applicant who requests review by an Immigration Judge of a determination that the Asylum Applicant does not have a credible fear of persecution, the Attorney General shall present the Asylum Applicant before an immigration judge for a hearing within 24 hours of the referral or request.

(2) The Immigration Judge shall make a determination of asylum or withholding of removal eligibility within 120 hours of such a hearing.

(3) If the Immigration Judge determines the Asylum Applicant is eligible for asylum or withholding of removal, the judge will order that asylum or withholding of removal be granted.

(4) If the Immigration Judge determines that the Asylum Applicant is not eligible for asylum or withholding of removal, the Asylum Applicant has 24 hours to request review by the Board of Immigration Appeals. If the Asylum Applicant does not request review of the determination within that time period, a Final Order of Removal will be issued.

(5) The Immigration Judge shall prepare a written record of a determination that the Asylum Applicant is not eligible for asylum or withholding of removal. Such record shall include a summary of the material facts as stated by the Asylum Applicant, such additional facts (if any) relied upon by the Immigration Judge, and the Immigration Judge’s analysis of why, in the light of such facts, the Asylum Applicant has not established eligibility for asylum or withholding of removal.

(d) Review By Board Of Immigration Appeals.—

(1) In the case of an Asylum Applicant who requests review by the Board of Immigration Appeals of a determination by an Immigration Judge that he or she is not eligible for asylum or withholding of removal, the Attorney General shall present the request for review to the Board of Immigration Appeals within 24 hours of the request.

(2) The Board of Immigration Appeals shall make a determination of asylum or withholding of removal eligibility within 24 hours of receiving the request.

(3) If the Board of Immigration Appeals determines the Asylum Applicant is eligible for asylum or withholding of removal, the Board of Immigration Appeals will order that asylum or withholding of removal be granted.

(4) If the Board of Immigration Appeals determines that the Asylum Applicant is not eligible for asylum or withholding of removal, the Asylum Applicant has 24 hours to request review by the Attorney General. If the Asylum Applicant does not request review of the determination within that time period, a Final Order of Removal will be issued.

(e) Review By Attorney General.—

(1) In the case of an Asylum Applicant who requests review by the Attorney General of a determination by the Board of Immigration Appeals that he or she is not eligible for asylum or withholding of removal, the Attorney General shall make a determination of asylum or withholding of removal eligibility within 24 hours of receiving the request.

(2) If the Attorney General determines the Asylum Applicant is eligible for asylum or withholding of removal, the Attorney General will order that asylum be granted.

(3) If the Attorney General determines that the Asylum Applicant is not eligible for asylum or withholding of removal, a Final Order of Removal will be issued.

(f) Issuance Of Final Order Of Removal.—Following a determination by the Attorney General that the Asylum Applicant is not eligible for asylum or withholding of removal, there shall be no additional review prior to the issuance of a Final Order of Removal.

(g) Grant Of Asylum.—If asylum or withholding of removal is granted to an Asylum Applicant pursuant to these expedited procedures, the grant will be conditional and the Asylum Applicant shall remain in detention until the identity of the applicant has been checked against all appropriate records or databases maintained by the Attorney General and by the Secretary of State, including the Automated Visa Lookout System, to determine any grounds on which the alien may be inadmissible to, excludable from, removable from, or deportable from the United States, or ineligible to apply for or be granted asylum or withholding of removal.

(h) Extensions Of Deadlines On Behalf Of Designated Agencies.—A designated agency may seek an extension of any of the deadlines set forth in this subsection by applying for an extension with an Immigration Judge. The Immigration Judge must issue an order stating that the designated agency has established that good cause warrants the granting of an extension. An extension may be granted for up to thirty days. Only two extensions may be granted, in total, to a designated agency during the entirety of an Asylum Applicant’s asylum application process. Any extensions of the deadlines shall not affect the detention of the Asylum Applicant.

(i) Extensions Of Deadlines On Behalf Of Asylum Applicants.—An Asylum Applicant may seek an extension of any of the deadlines set forth in this subsection by applying for an extension with an Immigration Judge. The Immigration Judge must issue an order stating that the Asylum Applicant has established that good cause warrants the granting of an extension. An extension may be granted for up to thirty days. Only two extensions may be granted, in total, to an Asylum Applicant during the entirety of the Asylum Applicant’s asylum application process. Any extensions of the deadlines shall not affect the detention of the Asylum Applicant.

SEC. 14. CONSEQUENCES OF DENIAL OF ASYLUM APPLICATION.

Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement:

(a) Once a Final Order of Removal for an Asylum Applicant is issued, the designated agency shall remove from the United States within four days the Asylum Applicant and any child for whom the Asylum Applicant is the parent or legal guardian and has been detained with the Asylum Applicant.

(1) EXCEPTION.—If the child has a parent or legal guardian who will be remaining physically present in the United States when the Asylum Applicant is removed, the child will remain in or be placed in the custody of that parent or legal guardian.

(b) An Asylum Applicant whose asylum application is denied pursuant to the process outlined in this Act shall not be prosecuted for illegal entry as a result of the entry into the United States that led to the filing of the asylum application adjudicated under the process outlined in this Act, but will instead be removed from the United States. An Asylum Applicant may be prosecuted for any other violation of the law if and once their asylum application has been denied. If the Asylum Applicant is prosecuted for an immigration crime that is not a crime of violence, the provisions of this Act that require that a child shall remain in the custody of and be detained in the same facility as the Asylum Applicant, and any other exceptions and requirements thereof set forth in this Act, shall continue to apply.

(c) A denial of an asylum application pursuant to the process outlined in this Act shall not prejudice a subsequent asylum application by the same Asylum Applicant on the same grounds if it is later filed after the Asylum Applicant arrives at a legal port of entry and files an asylum application, unless it is determined that the Asylum Applicant engaged in fraud during his prior asylum application that was denied pursuant to the process outlined in this Act.

SEC. 15. EXCEPTIONS TO ENSURING FAMILIES REMAIN TOGETHER.

(a) An agent or officer of a designated agency shall be permitted to remove a child from the custody of an Asylum Applicant that is the child’s parent or legal guardian with that Asylum Applicant’s consent. If a child has multiple parents or legal guardians in detention, all parents or legal guardians with custody of the child must consent to have the child removed from their custody before an agent or officer of a designated agency is permitted to remove the child; otherwise, the child will remain with the parent or legal guardian who does not wish for the child to be removed.

(b) An agent or officer of a designated agency shall be permitted to remove a child from the custody of an Asylum Applicant without that Asylum Applicant’s consent if the following has occurred:

(1) A State court, authorized under State law, terminates the rights of a parent or legal guardian, determines that it is in the best interests of the child to be removed from his or her parent or legal guardian, in accordance with the Adoption and Safe Families Act of 1997 (Public Law 105–89), or makes any similar determination that is legally authorized under State law.

(2) An official from the State or county child welfare agency with expertise in child trauma and development makes a best interests determination that it is in the best interests of the child to be removed from his or her parent or legal guardian because the child is in danger of abuse or neglect at the hands of the parent or legal guardian, or is a danger to herself or others.

(3) The Chief Patrol Agent or the Area Port Director, or their designees, authorizes separation upon the recommendation by an agent or officer, based on a finding that—

(A) the child is a victim of trafficking or is at significant risk of becoming a victim of trafficking;

(B) there is a strong likelihood that the adult is not the parent or legal guardian of the child; or

(C) the child is in danger of abuse or neglect at the hands of the parent or legal guardian, or is a danger to themselves or others.

(c) Documentation Required.—The Secretary shall ensure that a separation under subsection (a)(3) is documented in writing and includes, at a minimum, the reason for such separation, together with the stated evidence for such separation.

SEC. 16. RECOMMENDATIONS FOR SEPARATIONS BY AGENTS OR OFFICERS.

(a) In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Health and Human Services, shall develop training and guidance, with an emphasis on the best interests of the child, childhood trauma, attachment, and child development, for use by the agents and officers, in order to standardize the implementation of section 8(b)(3).

(b) Annual Review.—Not less frequently than annually, the Secretary of Health and Human Services shall review the guidance developed under subsection (a) and make recommendations to the Secretary to ensure such guidance is in accordance with current evidence and best practices in child welfare, child development, and childhood trauma.

(c) Requirement.—The guidance under subsection (a) shall incorporate the presumptions described in section 10.

(d) Additional Requirements.—

(1) EVIDENCE-BASED.—The guidance and training developed under this section shall incorporate evidence-based practices.

(2) TRAINING REQUIRED.—

(A) All agents and officers of designated agencies, upon hire, and annually thereafter, shall complete training on adherence to the guidance under this section.

(B) All Chief Patrol Agents and Area Port Directors, upon hire, and annually thereafter, shall complete—

(i) training on adherence to the guidance under this section; and

(ii) 90 minutes of child welfare practice training that is evidence-based and trauma-informed.

SEC. 10. PRESUMPTIONS.

The presumptions described in this Act are the following:

(1) FAMILY UNITY.—There shall be a strong presumption in favor of family unity.

(2) SIBLINGS.—To the maximum extent practicable, the Secretary shall ensure that sibling groups remain intact.

SEC. 17. REQUIRED POLICY FOR LOCATING SEPARATED CHILDREN.

(a) In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall publish final public guidance that describes, with specificity, the manner in which an Asylum Applicant may locate a child they were the parent or legal guardian of that was separated from them prior to the enactment of this Act. In developing the public guidance, the Secretary shall consult with the Secretary of Health and Human Services.

(b) Written Notification.—The Secretary shall provide each Asylum Applicant who was separated from a child they were the parent or legal guardian of with written notice of the public guidance to locate the separated child.

(c) Language Access.—All guidance shall be available in English and Spanish, and at the request of the Asylum Applicant, in the language or manner that is understandable by the Asylum Applicant.

SEC. 18. CLARIFICATION OF PARENTAL RIGHTS.

If a child is separated from a parent or legal guardian, and a State court has not made a determination that the parental rights have been terminated, there is a presumption that—

(1) the parental rights remain intact; and

(2) the separation does not constitute an affirmative determination of abuse or neglect under Federal or State law.

SEC. 19. CLARIFICATION OF EXISTING LAW.

(a) Nothing in this Act shall be interpreted to supersede or modify Federal child welfare law, where applicable, including the Adoption and Safe Families Act of 1997 (Public Law 105–89).

(b) Nothing in this Act shall be interpreted to supersede or modify State child welfare laws where applicable.

(c) Nothing in this Act shall be interpreted to grant any due process rights to any individual who entered this country illegally.

(d) Nothing in this act shall alter how an unaccompanied alien under the age of eighteen is treated under existing law.

(2) ASYLUM APPLICANT.—The term “Asylum Applicant” means an alien who (a) has no permanent immigration status; (b) is detained by the United States government at or near a port of entry or within 100 miles of the border of the United States while having custody of and being in the presence of a child for whom the alien is a parent or legal guardian; and (c) seeks, within 48 hours of detention, asylum pursuant to section 208 of the Immigration and Nationality Act, withholding of removal pursuant to section 241(b)(3) of the Immigration and Nationality Act, or withholding of removal pursuant to the Convention Against Torture.

(3) ASYLUM APPLICATION.—The term “asylum application” means an application for asylum pursuant to section 208 of the Immigration and Nationality Act, an application for withholding of removal under section 241(b)(3) of the Immigration and Nationality Act, and/or an application for withholding of removal pursuant to the Convention Against Torture.

(4) CHILD.—The term “child” means an individual who—

(A) has not reached the age of 18;

(B) has no permanent immigration status; and

(C) was in the custody and presence of a parent or legal guardian when the parent or legal guardian was detained for illegally entering into the United States at or near a port of entry or within 100 miles of the border of the United States.

(5) COMMITTEES OF JURISDICTION.—The term “committees of jurisdiction” means—

(A) the Committee on the Judiciary and the Committee on Health, Education, Labor, and Pensions of the Senate; and

(B) the Committee on the Judiciary of the House of Representatives.

(6) DANGER OF ABUSE OR NEGLECT AT THE HANDS OF THE PARENT OR LEGAL GUARDIAN.—The term “danger of abuse or neglect at the hands of the parent or legal guardian” shall not mean migrating to or crossing the United States border.

(7) DESIGNATED AGENCY.—The term “designated agency” means—

(A) the Department of Homeland Security;

(B) the Department of Justice; and

(C) the Department of Health and Human Services.

(8) SECRETARY.—Unless otherwise specified, the term “Secretary” means the Secretary of Homeland Security.

 

TITLE VI – E-VERIFY

 

SEC. 20. PERMANENT REAUTHORIZATION.

Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1324a note) is amended by striking “Unless the Congress otherwise provides, the Secretary of Homeland Security shall terminate a pilot program on September 30, 2015.”.

SEC. 21. MANDATORY USE OF E-VERIFY.

(a) Federal Government.—Section 402(e)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended—

(1) by amending subparagraph (A) to read as follows:

“(A) EXECUTIVE DEPARTMENTS AND AGENCIES.—Each department and agency of the Federal Government shall participate in E-Verify by complying with the terms and conditions set forth in this section.”; and

(2) in subparagraph (B), by striking “, that conducts hiring in a State” and all that follows and inserting “shall participate in E-Verify by complying with the terms and conditions set forth in this section.”.

(b) Federal Contractors; Critical Employers.—Section 402(e) of such Act, as amended by subsection (a), is further amended—

(1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and

(2) by inserting after paragraph (1) the following:

“(2) UNITED STATES CONTRACTORS.—Any person, employer, or other entity that enters into a contract with the Federal Government shall participate in E-Verify by complying with the terms and conditions set forth in this section.

“(3) DESIGNATION OF CRITICAL EMPLOYERS.—Not later than 7 days after the date of the enactment of this paragraph, the Secretary of Homeland Security shall—

“(A) conduct an assessment of employers that are critical to the homeland security or national security needs of the United States;

“(B) designate and publish a list of employers and classes of employers that are deemed to be critical pursuant to the assessment conducted under subparagraph (A); and

“(C) require that critical employers designated pursuant to subparagraph (B) participate in E-Verify by complying with the terms and conditions set forth in this section not later than 30 days after the Secretary makes such designation.”.

(c) All Employers.—Section 402 of such Act, as amended by this section, is further amended—

(1) by redesignating subsection (f) as subsection (g); and

(2) by inserting after subsection (e) the following:

“(f) Mandatory Participation In E-Verify.—

“(1) IN GENERAL.—Subject to paragraphs (2) and (3), all employers in the United States shall participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer on or after the date that is 1 year after the date of the enactment of this subsection.

“(2) USE OF CONTRACT LABOR.—Any employer who uses a contract, subcontract, or exchange to obtain the labor of an individual in the United States shall certify in such contract, subcontract, or exchange that the employer uses E-Verify. If such certification is not included in a contract, subcontract, or exchange, the employer shall be deemed to have violated paragraph (1).

“(3) INTERIM MANDATORY PARTICIPATION.—

“(A) IN GENERAL.—Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).

“(B) NOTIFICATION.—Not later than 14 days before an employer or class of employers is required to begin participating in E-Verify pursuant to subparagraph (A), the Secretary shall provide such employer or class of employers with—

“(i) written notification of such requirement; and

“(ii) appropriate training materials to facilitate compliance with such requirement.”.

SEC. 22. CONSEQUENCES OF FAILURE TO PARTICIPATE.

(a) In General.—Section 402(e)(5) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as redesignated by section 3(b)(1), is amended to read as follows:

“(5) CONSEQUENCES OF FAILURE TO PARTICIPATE.—If a person or other entity that is required to participate in E-Verify fails to comply with the requirements under this title with respect to an individual—

“(A) such failure shall be treated as a violation of section 274A(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1324a) with respect to such individual; and

“(B) a rebuttable presumption is created that the person or entity has violated section 274A(a)(1)(A) of such Act.”.

(b) Penalties.—Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended—

(1) in subsection (e)—

(A) in paragraph (4)—

(i) in subparagraph (A)—

(I) in the matter preceding clause (i), by inserting “, subject to paragraph (10),” after “in an amount”;

(II) in clause (i), by striking “not less than $250 and not more than $2,000” and inserting “not less than $2,500 and not more than $5,000”;

(III) in clause (ii), by striking “not less than $2,000 and not more than $5,000” and inserting “not less than $5,000 and not more than $10,000”; and

(IV) in clause (iii), by striking “not less than $3,000 and not more than $10,000” and inserting “not less than $10,000 and not more than $25,000”; and

(ii) by amending subparagraph (B) to read as follows:

“(B) may require the person or entity to take such other remedial action as is appropriate.”;

(B) in paragraph (5)—

(i) by inserting “, subject to paragraphs (10) through (12),” after “in an amount”;

(ii) by striking “$100 and not more than $1,000” and inserting “$1,000 and not more than $25,000”;

(iii) by striking “the size of the business of the employer being charged, the good faith of the employer” and inserting “the good faith of the employer being charged”; and

(iv) by adding at the end the following: “Failure by a person or entity to utilize the employment eligibility verification system as required by law, or providing information to the system that the person or entity knows or reasonably believes to be false, shall be treated as a violation of subsection (a)(1)(A).”; and

(C) by adding at the end the following:

“(10) EXEMPTION FROM PENALTY.—In the case of the imposition of a civil penalty under paragraph (4)(A) with respect to a violation of paragraph (1)(A) or (2) of subsection (a) for hiring, continuation of employment, recruitment, or referral by a person or entity and, in the case of the imposition of a civil penalty under paragraph (5) for a violation of subsection (a)(1)(B) for hiring, recruitment, or referral by a person or entity, the penalty otherwise imposed may be waived or reduced if the violator establishes that the violator acted in good faith.

“(11) AUTHORITY TO DEBAR EMPLOYERS FOR CERTAIN VIOLATIONS.—

“(A) IN GENERAL.—If a person or entity is determined by the Secretary of Homeland Security to be a repeat violator of paragraph (1)(A) or (2) of subsection (a), or is convicted of a crime under this section, such person or entity may be considered for debarment from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the Federal Acquisition Regulation.

“(B) DOES NOT HAVE CONTRACT, GRANT, AGREEMENT.—If the Secretary of Homeland Security or the Attorney General wishes to have a person or entity considered for debarment in accordance with this paragraph, and such an person or entity does not hold a Federal contract, grant or cooperative agreement, the Secretary or the Attorney General shall refer the matter to the Administrator of General Services to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement, and if so, for what duration and under what scope.

“(C) HAS CONTRACT, GRANT, AGREEMENT.—If the Secretary of Homeland Security or the Attorney General wishes to have a person or entity considered for debarment in accordance with this paragraph, and such person or entity holds a Federal contract, grant or cooperative agreement, the Secretary or the Attorney General shall advise all agencies or departments holding a contract, grant, or cooperative agreement with the person or entity of the Government’s interest in having the person or entity considered for debarment, and after soliciting and considering the views of all such agencies and departments, the Secretary or the Attorney General may waive the operation of this paragraph or refer the matter to any appropriate lead agency to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement, and if so, for what duration and under what scope.

“(D) REVIEW.—Any decision to debar a person or entity under in accordance with this paragraph shall be reviewable pursuant to part 9.4 of the Federal Acquisition Regulation.”; and

(2) in subsection (f)—

(A) by amending paragraph (1) to read as follows:

“(1) CRIMINAL PENALTY.—Any person or entity which engages in a pattern or practice of violations of subsection (a)(1) or (2) shall be fined not more than $15,000 for each unauthorized alien with respect to which such a violation occurs, imprisoned for not less than 1 year and not more than 10 years, or both, notwithstanding the provisions of any other Federal law relating to fine levels.”; and

(B) in paragraph (2), by striking “Attorney General” each place it appears and inserting “Secretary of Homeland Security”.

 

TITLE VII – DIVERSITY VISA PROGRAM

 

SEC. 23. ELIMINATION OF DIVERSITY VISA PROGRAM.

(a) In General.—Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by striking subsection (c).

(b) Technical And Conforming Amendments.—

(1) IMMIGRATION AND NATIONALITY ACT.—The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended—

(A) in section 101(a)(15)(V), by striking “section 203(d)” and inserting “section 203(c)”;

(B) in section 201—

(i) in subsection (a)—

(I) in paragraph (1), by adding “and” at the end; and

(II) by striking paragraph (3); and

(ii) by striking subsection (e);

(C) in section 203—

(i) in subsection (b)(2)(B)(ii)(IV), by striking “section 203(b)(2)(B)” each place such term appears and inserting “clause (i)”;

(ii) by redesignating subsections (d), (e), (f), (g), and (h) as subsections (c), (d), (e), (f), and (g), respectively;

(iii) in subsection (c), as redesignated, by striking “subsection (a), (b), or (c)” and inserting “subsection (a) or (b)”;

(iv) in subsection (d), as redesignated—

(I) by striking paragraph (2); and

(II) by redesignating paragraph (3) as paragraph (2);

(v) in subsection (e), as redesignated, by striking “subsection (a), (b), or (c) of this section” and inserting “subsection (a) or (b)”;

(vi) in subsection (f), as redesignated, by striking “subsections (a), (b), and (c)” and inserting “subsections (a) and (b)”; and

(vii) in subsection (g), as redesignated—

(I) by striking “(d)” each place such term appears and inserting “(c)”; and

(II) in paragraph (2)(B), by striking “subsection (a), (b), or (c)” and inserting “subsection (a) or (b)”;

(D) in section 204—

(i) in subsection (a)(1), by striking subparagraph (I);

(ii) in subsection (e), by striking “subsection (a), (b), or (c) of section 203” and inserting “subsection (a) or (b) of section 203”; and

(iii) in subsection (l)(2)—

(I) in subparagraph (B), by striking “section 203 (a) or (d)” and inserting “subsection (a) or (c) of section 203”; and

(II) in subparagraph (C), by striking “section 203(d)” and inserting “section 203(c)”;

(E) in section 214(q)(1)(B)(i), by striking “section 203(d)” and inserting “section 203(c)”;

(F) in section 216(h)(1), in the undesignated matter following subparagraph (C), by striking “section 203(d)” and inserting “section 203(c)”; and

(G) in section 245(i)(1)(B), by striking “section 203(d)” and inserting “section 203(c)”.

(2) IMMIGRANT INVESTOR PILOT PROGRAM.—Section 610(d) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (Public Law 102–395) is amended by striking “section 203(e) of such Act (8 U.S.C. 1153(e))” and inserting “section 203(d) of such Act (8 U.S.C. 1153(d))”.

(c) Effective Date.—The amendments made by this section shall take effect on the first day of the first fiscal year beginning on or after the date of the enactment of this Act.

 

TITLE VIII – FISCAL RESPONSIBILITY

 

SEC. 24. USE OF CERTAIN FORFEITED CRIMINAL PROCEEDS FOR BORDER SECURITY MEASURES.

Notwithstanding any other provision of law, any illegally obtained profits resulting from any criminal drug trafficking enterprise led by Joaquin Archivaldo Guzman Loera (commonly known as “El Chapo”), which are criminally forfeited to the United States Government as a result of the conviction of Mr. Guzman Loera in Federal District court, shall be reserved for security measures along the border between the United States and Mexico, including the completion of a wall along such border, for the purpose of stemming the flow of illegal narcotics into the United States and furthering the Nation’s security.

SEC. 25. USE OF FORFEITED CRIMINAL PROCEEDS OF OTHER CONVICTED CARTEL MEMBERS.

Notwithstanding any other provision of law, any funds that are criminally forfeited to the United States Government as the result of a felony conviction in a Federal district court of a member of a drug cartel—an individual engaging in a continuing criminal enterprise involving knowingly and intentionally distributing a controlled substance, intending and knowing that such substance would be unlawfully imported into the United States from a place outside of the United States—shall be reserved for security measures along the border between the United States and Mexico, including the completion of a wall along such border, for the purpose of stemming the flow of illegal narcotics into the United States and furthering the Nation’s security.

 

SEC. 26. FEES FOR CERTAIN REMITTANCE TRANSFERS.

Section 920 of the Electronic Fund Transfer Act (relating to remittance transfers) (15 U.S.C. 1693o–1) is amended—

(1) by redesignating subsection (g) as subsection (h); and

(2) by inserting after subsection (f) the following:

“(g) Border Security Fee Collection.—

“(1) IN GENERAL.—

“(A) FEES.—If the designated recipient of a remittance transfer is located in a foreign country described in subparagraph (B), a remittance transfer provider shall collect from the sender of such remittance transfer a remittance fee equal to 10 percent of the United States dollar amount to be transferred (excluding any fees or other charges imposed by the remittance transfer provider). Except as provided in subparagraph (C), such remittance fees shall be submitted to the Treasury to be expended for the purpose of improving border security.

“(B) FOREIGN COUNTRIES.—Subparagraph (A) shall apply to recipients located in all foreign countries.

“(C) COSTS.—For the 5-year period beginning on the date of the enactment of this subsection, a remittance transfer provider may retain up to 5 percent of any remittance fees collected by such remittance transfer provider pursuant to subparagraph (A) to cover the costs of collecting and submitting such remittance fees.

“(2) FEE COLLECTION SYSTEM.—Not later than March 30, 2017, the Bureau, in consultation with the Secretary of Homeland Security, the Secretary of the Treasury, and remittance transfer providers, shall develop and make available a system for remittance transfer providers to—

“(A) submit the remittance fees collected in accordance with paragraph (1)(A) to the Treasury; and

“(B) retain a portion of such remittance fees in accordance with paragraph (1)(C).

“(3) PENALTIES.—

“(A) Whoever, with the intent to evade a remittance fee to be collected in accordance with this subsection, and who has knowledge that, at the time of a remittance transfer, the value of the funds involved in the transfer will be further transferred to a recipient located in a country listed in paragraph (1)(B), requests or facilitates such remittance transfer to a designated recipient in a country that is not listed in paragraph (1)(B) shall be subject to a penalty of not more than $500,000 or twice the value of the funds involved in the remittance transfer, whichever is greater, or imprisonment for not more than 20 years, or both.

“(B) Any foreign country that, in the joint determination of the Secretary of Homeland Security, the Secretary of the Treasury, and the Secretary of State aids or harbors an individual conspiring to avoid the fee collected in accordance with this subsection shall be ineligible to receive foreign assistance and to participate in the visa waiver program or any other programs, at the discretion of the Secretaries described in this subparagraph.”.

 

SEC. 27. GUIDANCE.

 

  1. All funds collected from sections 24, 25, and 26 will be appropriated to the Department of Homeland Security to be used at their discretion. Funds achieved beyond the original appropriation of the bill will continue to go to border security including the construction and repair of physical barriers.


 

 

SECTION 28. EFFECTIVE DATE

 

The bill shall go into effect upon its constitutional passage.

 

 

 

 


 

 

 

Edited by Kurt Faulhammer

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PLAYER NAME
Republicans Democrats
NAT EV BUS MR ML SJW  PRO GLO
Change 4 0 -1 5 2 -2 0 -2

In summary:

  • Nationalists approve of the bill overall,  but some of the most hardline voices are disappointed with some of its compromises, such as DACA and H-2C
  • The business wing of the GOP tends to approve of immigration, since it increases the number of people in the workforce and immigrants are often willing to work for less than their American counterparts. As a result, they support DACA and H-2C, but oppose E-Verify, ending the Diversity Visa lottery, and the remittance tax
  • Moderate Republicans approve of the bill overall
  • Moderate Democrats oppose the wall, the "family-sponsored immigration priorities", ending the Diversity Visa lottery, and the remittance tax, but support DACA, H-2C, ending family separations, E-Verify, using seized cartel assets to fund the bill, and border security
  • SJWs and globalists oppose the wall, the "family-sponsored immigration priorities", E-Verify, ending the Diversity Visa lottery, and the remittance tax, but support DACA, H-2C, and ending family separations
Edited by Jonathan
  • Thanks 1

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On 7/7/2018 at 2:41 AM, Kurt Faulhammer said:

(1) IN GENERAL.—In each of the following fiscal years, the Secretary of Homeland Security shall transfer, from the Fund to the U.S. Customs and Border Protection—Procurement, Construction and Improvements account, for the purpose of constructing, replacing, or planning physical barriers along the United States land border, a total of $12,000,000,000 as follows:

Mr Speaker,

I motion to strike the phrases “constructing” and “planning” from the following section.

i yield in hope of a second.

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1 minute ago, Dogslife said:

Mr Speaker,

I motion to strike the phrases “constructing” and “planning” from the following section.

i yield in hope of a second.

I second

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1 minute ago, Dogslife said:

Mr Speaker,

I motion to strike the phrases “constructing” and “planning” from the following section.

i yield in hope of a second.

Second

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16 minutes ago, Dogslife said:

Mr Speaker,

I motion to strike the phrases “constructing” and “planning” from the following section.

i yield in hope of a second.

Mr. Speaker,

 

I rise to ask a simple question coming from a neutral standpoint at the moment wish to hear GREAT debate in this chamber and reasons.. Will the gentleman respond to why this chamber should strike this language. Again I wish for debate on the issueS not just to strike something is why I am asking.

 

I yield 

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Mr speaker.

the gentle woman from Rhode Island is right to ask why I introduced this ammendment. I did it because I believe it is not in the America peoples interest to have new sections of wall constructed. I agree money should be spent to repair the barriers in place presently but I will stand by my conviction of no new wall.

i yield

Edited by Dogslife

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Mr Speaker,

Much has been made of this legislation in the press, we have heard Democrats try and sink it by suggesting that it is too right wing, it's not; we've had Democrats try and sink it because it doesn't pay for itself, it does and then some; now we have Democrats trying to gut a core campaign pledge of the President himself. This legislation in combination with the Stronger Americas Joint Security and Institutional Reform Act presents a balanced approach that deals with leftist concerns like DACA, conservative concerns like the wall, and bipartisan concerns such as the places that these illegal migrants are coming from. The President has already bent over backwards to accommodate the Democratic Party without them even having to go to the White House to meet with him. This is the offer he has made to the Democrats and although I personally think he's given too much ground I applaud him for his good sense in trying to appeal across the floor to my colleagues in blue.

I yield.

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Mr. Speaker, 

I move the following amendment to this billl, to be added to Title I:



Section 4:  VISA Security

4.1

Electronic passport screening and biometric matching

(a)

In general

Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following new sections:

4.2

Electronic passport screening and biometric matching

(a)

In general

Not later than one year after the date of the enactment of this section, the Commissioner of U.S. Customs and Border Protection shall—

(1)

screen electronic passports at airports of entry by reading each such passport’s embedded chip; and

(2)

to the greatest extent practicable, utilize facial recognition technology or other biometric technology, as determined by the Commissioner, to screen travelers at United States airports of entry.

(b)

Applicability

(1)

Electronic passport screening

Paragraph (1) of subsection (a) shall apply to passports belonging to individuals who are United States citizens, individuals who are nationals of a program country pursuant to section 217 of the Immigration and Nationality Act (8 U.S.C. 1187), and individuals who are nationals of any other foreign country that issues electronic passports.

(2)

Facial recognition matching

Paragraph (2) of subsection (a) shall apply to individuals who are nationals of a program country pursuant to section 217 of the Immigration and Nationality Act.

4.3.

Continuous screening by U.S. Customs and Border Protection

The Commissioner of U.S. Customs and Border Protection shall, in a risk-based manner, continuously screen individuals issued any visa, and individuals who are nationals of a program country pursuant to section 217 of the Immigration and Nationality Act, who are present, or will soon be arriving, in the United States, against the appropriate criminal, national security, and terrorism databases maintained by the Federal Government.

 

.

4.4:

Reporting of visa overstays

Section 2 of Public Law 105–173 (8 U.S.C. 1376) is amended—

(1)

in subsection (a)—

(A)

by striking Attorney General and inserting Secretary of Homeland Security; and

(B)

by inserting before the period at the end the following: , and any additional information that the Secretary determines necessary for purposes of the report under subsection (b); and

(2)

by amending subsection (b) to read as follows:

(b)

Annual Report

Not later than June 30, 2018, and not later than June 30 of each year thereafter, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and to the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate a report providing, for the preceding fiscal year, numerical estimates of—

(1)

for each country, the number of aliens from the country who are described in subsection (a), including—

(A)

the total number of such aliens within all classes of nonimmigrant aliens described in section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and

(B)

the number of such aliens within each of the classes of nonimmigrant aliens, as well as the number of such aliens within each of the subclasses of such classes of nonimmigrant aliens, as applicable;

(2)

for each country, the percentage of the total number of aliens from the country who were present in the United States and were admitted to the United States as nonimmigrants who are described in subsection (a);

(3)

the number of aliens described in subsection (a) who arrived by land at a port of entry into the United States; and

(4)

the number of aliens described in subsection (a) who entered the United States using a border crossing identification card (as such term is defined in section 101(a)(6) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(6))).

.

4.5.

Student and exchange visitor information system verification

Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall ensure that the information collected under the program established under section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372) is available to officers of U.S. Customs and Border Protection conducting primary inspections of aliens seeking admission to the United States at each port of entry of the United States.

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Mr. Speaker,

Permission to revise and extend my remarks.

I offer this amendment because studies have shown that individuals overstaying their visas has become a larger contributor to illegal immigration than illegal border crossings.  While we debate whether to build a wall on our southern border, we are missing a larger problem.

I yield.

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Mr. Speaker, 

 

I offer the following amendment on behalf of myself and Congressman Burch of Nevada. Together we drafted this amendment to protect our veterans 


SEC. X. DEFINITIONS.
(a) For the purpose of this act
     (1) The term "current undocumented serviceman" means any undocumented immigrant who—
          (A) Is currently serving in the United States Military or National Guard,
          (B) Will be or has been honorably discharged from service or released therefrom under conditions other than dishonorable,
          (C) Has not previously been deported at or above the age of 18 and illegally re-entered the United States; and 
          (D)  Has not been duly convicted of—
                (i) A felony,
                (ii) A violent misdemeanor,
                (iii) A non-violent but drug-related or gang-related misdemeanor; and
                (iv) A more than two non-violent misdemeanors that were not drug-related or gang-related.
     (2) The term "future undocumented enlistee" means any undocumented immigrant who—
          (A) Has applied and been accepted into any branch of the military or National Guard,
          (B) Has completed basic training within the military branch applied and accepted,
          (C) Has not previously been deported at or above the age of 18 and illegally re-entered the United States; and 
          (D) Has not been duly convicted of the crimes outlined in sub-paragraph (1)(D)(i) through (iv) of this section.
     (3) The term "undocumented veteran" means any undocumented immigrant who—
          (A) Served in active-duty or reserved-duty service in the United States Military or National Guard,
          (B) Has been honorably discharged from service or released therefrom under conditions other than dishonorable,
          (C) Has not previously been deported after military service and illegally re-entered the United States; and 
          (D) Has not been duly convicted of the crimes outlined in sub-paragraph (1)(D)(i) through (iv) of this section.

SEC. X. ENDING DEPORTATION OF UNDOCUMENTED IMMIGRANTS SERVING IN THE MILITARY.
(a) No undocumented veteran or current undocumented serviceman whether active or reserved in the United States Military or National Guard shall be deported unless they have been duly convicted of a crime as outlined in Section 3(a)(1)(D)(i) through (iv). 
(b) No future undocumented enlistee shall be deported unless they have been duly convicted of a crime as outlined in Section 3(a)(1)(D)(i) through (iv). 

SEC. X. FOREIGN VETERAN PROTECTION AGAINST DEPORTATION.
(a) Granting of Permanent Resident Status--The Secretary of Homeland Security and the Director of the United States Citizenship and Immigration Services shall provide permanent resident status to those who—
     (1) Are undocumented veterans who—
          (A) Resides within the United States; or
          (B) Have been deported and wish to return.
               (i) Spouse and children of the undocumented veteran shall receive permanent status if not already citizens of the United States. 
     (2) Are current undocumented service members who—
          (A) Is serving or will serve one full tour or 4 years; and 
          (B) Wish to reside in the United States.
               (i) Spouse and children of the undocumented veteran shall receive permanent status if not already citizens of the United States. 
     (3) Are future undocumented enlistees who—
          (A) Will serve one full tour or four years.
               (i) The Department of Defense shall accept at least 5,000 future undocumented enlistees each year.

(b) The Department of Defense and the Department of Veterans Affairs shall provide, and continue to provide, records of undocumented veterans, undocumented active and reserve servicemen, and future undocumented enlistee to the Department of Homeland Security and the United States Citizenship and Immigration Services for the purposes of—
     (1) Maintaining an organized database of undocumented veterans, current undocumented servicemen, and future undocumented enlistees separate from other immigration databases,
     (2) Granting permanent resident status as outlined in paragraph (a) of this section; and
     (3) Informing the Immigration and Customs Enforcement of the permanent resident status of those who are undocumented veterans, current undocumented servicemen, and future enlistees of the United States Military and the National Guard.

(c) The Departments of Defense and Veteran Affairs nor local National Guard offices shall provide records of undocumented veterans, current undocumented servicemen and future undocumented enlistees to the Immigration and Customs Enforcement and the United States Customs and Border Protection except those mentioned who have been duly convicted of crimes as outlined in Section 3(a)(1)(D)(i) through (iv).

 

I yield

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4 minutes ago, Chris said:

Mr. Speaker, 

 

I offer the following amendment on behalf of myself and Congressman Burch of Nevada. Together we drafted this amendment to protect our veterans 


SEC. X. DEFINITIONS.
(a) For the purpose of this act
     (1) The term "current undocumented serviceman" means any undocumented immigrant who—
          (A) Is currently serving in the United States Military or National Guard,
          (B) Will be or has been honorably discharged from service or released therefrom under conditions other than dishonorable,
          (C) Has not previously been deported at or above the age of 18 and illegally re-entered the United States; and 
          (D)  Has not been duly convicted of—
                (i) A felony,
                (ii) A violent misdemeanor,
                (iii) A non-violent but drug-related or gang-related misdemeanor; and
                (iv) A more than two non-violent misdemeanors that were not drug-related or gang-related.
     (2) The term "future undocumented enlistee" means any undocumented immigrant who—
          (A) Has applied and been accepted into any branch of the military or National Guard,
          (B) Has completed basic training within the military branch applied and accepted,
          (C) Has not previously been deported at or above the age of 18 and illegally re-entered the United States; and 
          (D) Has not been duly convicted of the crimes outlined in sub-paragraph (1)(D)(i) through (iv) of this section.
     (3) The term "undocumented veteran" means any undocumented immigrant who—
          (A) Served in active-duty or reserved-duty service in the United States Military or National Guard,
          (B) Has been honorably discharged from service or released therefrom under conditions other than dishonorable,
          (C) Has not previously been deported after military service and illegally re-entered the United States; and 
          (D) Has not been duly convicted of the crimes outlined in sub-paragraph (1)(D)(i) through (iv) of this section.

SEC. X. ENDING DEPORTATION OF UNDOCUMENTED IMMIGRANTS SERVING IN THE MILITARY.
(a) No undocumented veteran or current undocumented serviceman whether active or reserved in the United States Military or National Guard shall be deported unless they have been duly convicted of a crime as outlined in Section 3(a)(1)(D)(i) through (iv). 
(b) No future undocumented enlistee shall be deported unless they have been duly convicted of a crime as outlined in Section 3(a)(1)(D)(i) through (iv). 

SEC. X. FOREIGN VETERAN PROTECTION AGAINST DEPORTATION.
(a) Granting of Permanent Resident Status--The Secretary of Homeland Security and the Director of the United States Citizenship and Immigration Services shall provide permanent resident status to those who—
     (1) Are undocumented veterans who—
          (A) Resides within the United States; or
          (B) Have been deported and wish to return.
               (i) Spouse and children of the undocumented veteran shall receive permanent status if not already citizens of the United States. 
     (2) Are current undocumented service members who—
          (A) Is serving or will serve one full tour or 4 years; and 
          (B) Wish to reside in the United States.
               (i) Spouse and children of the undocumented veteran shall receive permanent status if not already citizens of the United States. 
     (3) Are future undocumented enlistees who—
          (A) Will serve one full tour or four years.
               (i) The Department of Defense shall accept at least 5,000 future undocumented enlistees each year.

(b) The Department of Defense and the Department of Veterans Affairs shall provide, and continue to provide, records of undocumented veterans, undocumented active and reserve servicemen, and future undocumented enlistee to the Department of Homeland Security and the United States Citizenship and Immigration Services for the purposes of—
     (1) Maintaining an organized database of undocumented veterans, current undocumented servicemen, and future undocumented enlistees separate from other immigration databases,
     (2) Granting permanent resident status as outlined in paragraph (a) of this section; and
     (3) Informing the Immigration and Customs Enforcement of the permanent resident status of those who are undocumented veterans, current undocumented servicemen, and future enlistees of the United States Military and the National Guard.

(c) The Departments of Defense and Veteran Affairs nor local National Guard offices shall provide records of undocumented veterans, current undocumented servicemen and future undocumented enlistees to the Immigration and Customs Enforcement and the United States Customs and Border Protection except those mentioned who have been duly convicted of crimes as outlined in Section 3(a)(1)(D)(i) through (iv).

 

I yield

I second Mr. Vinick's Amendment

Edited by Doomhammer

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Mr. Speaker , 

 

One question I have over a border wall portion of this bill comes down to that any feasible construction project is going to need to be straighter than the actual border, which is going to mean using the federal government’s eminent domain powers to take privately owned land and basically redraw the border. There other ways to handle border security but the border wall we will be using the eminent domain function.  I hate the concept of using eminent domain it’s generally the case that people don’t like it when the government comes in to take their land We saw this with the border clearly in the bush years. Americans particularly don’t like it when the government is coming in to take their land for border security that has not worked in the past with things like double border wall fencing that hasn’t really worked and need major repairs. .

 

I yield

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