SUMMARY OF SENATE IMMIGRATION BILL: BORDER SECURITY, ECONOMIC OPPORTUNITY, AND IMMIGRATION MODERNIZATION ACT

Similar documents
Questions and Answers Aug. 31, 2009

New USCIS Immigration Benefit Application Fees

Cornyn/Kyl (S. 1438) Kennedy/McCain (S. 1033) Guest Worker Program for Persons Present in U.S. Without Authorization

THE WHITE HOUSE Office of the Press Secretary. EMBARGOED UNTIL DELIVERY OF THE PRESIDENT S REMARKS IN LAS VEGAS, NV January 29, 2013

DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)

Immigrants Rights to Public Benefits in Pennsylvania

9 FAM SUSPENSION OR TERMINATION OF ACTION IN PETITION CASES

A U.S. IMMIGRATION LAW FIRM. Immigration Law Overview

Online Immigrant Visa and Alien Registration Application (DS-260)

Collateral Consequences of Conviction:

Commonly Used Immigration Terms and Definitions

Obtaining and Terminating U.S. Citizenship and Preserving and Terminating U.S. Green Cards. Steve Trow November 2012

Analysis of S.744 Provisions Impacting Immigrants Accused or Convicted of Crimes Glossary: RPI: Lawful Permanent Resident (LPR):

Services Available for Asylee and Refugee

Self-Help Guide for a Prosecutorial Discretion Request

STATUS OF THE CITIZENS OF THE FREELY ASSOCIATED STATES OF THE FEDERATED STATES OF MICRONESIA AND THE REPUBLIC OF THE MARSHALL ISLANDS

HOW TO OBTAIN AND POST AN IMMIGRATION BOND: A Guide for Non-Citizens in Detention

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) ) ) ) ) ) ) ) ) ) ) INSTRUCTIONS AND CLASS MEMBER WORKSHEET INSTRUCTIONS

November 20, Director U.S. Citizenship and Immigration Services. Thomas S. Winkowski Acting Director U.S. Immigration and Customs Enforcement

Basics of the United States Immigration System

Immigration and Taxation

HOW TO GET LEGAL STATUS THROUGH YOUR FAMILY MEMBER NOW OR IN THE FUTURE

Barriers Faced by Immigrant Crime Victims

November 20, Acting Director U.S. Immigration and Customs Enforcement. R. Gil Kerlikowske Commissioner U.S. Customs and Border Protection

2300 IMMIGRATION POLICY [CALEA A-D]

SUBJECT: Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens

Immigration Attorney Fees

SIDE-BY-SIDE COMPARISON OF 2013 SENATE IMMIGRATION FRAMEWORK WITH 2006 AND 2007 SENATE LEGISLATION. Border Security, Detention, and Enforcement

Legal Authority: 42 CFR ; 42 CFR ; 42 CFR ; 42 CFR ; SSA SI 00502

S. 744 The Border Security Economic Opportunity and Immigration Modernization Act

Michael Gayoso, Jr. Office of the County Attorney TH

ARTICLE 1.1. GENERAL PROVISIONS

Immigration Consequences of Criminal Conduct

S. 744 The Border Security Economic Opportunity and Immigration Modernization Act

OPPORTUNITIES AND OBSTACLES IN U VISAS

Department of Homeland Security 235.3

INFORMATION ON EB-1A VISA CATEGORY AND IMMIGRANT VISA PROCESSING VS. ADJUSTMENT OF STATUS. Presentation by Terry Yale Feiertag

FACT SHEET. Identification and Legal Presence Requirements for Non-United States Citizens PUB 195NC (5-16)

About the EB5 Immigrant Investor Visa Classification. The EB5 Visa Regional Center and the Immigrant Investor

Questions and Answers August 22, 2011

The Immigration (European Economic Area) Regulations 2006

Refugee, Asylum and International Operations Directorate. Humanitarian Parole Program

PRO SE GUIDE TO PROSECUTORIAL DISCRETION

Civil Relief Options for Domestic Violence Victims. By: Abigail A. Lindekugel

United States Canada Border Crossing Information

APPLICATION FOR PHARMACY TECHNICIAN REGISTRATION Information for Individuals who desire to register as a Pharmacy Technician

Question & Answer May 27, 2008

Criminals; Rehabilitation CHAPTER 364 CRIMINAL OFFENDERS; REHABILITATION

9 FAM 40.21(a) CRIMES INVOLVING MORAL TURPITUDE

Learn, Share, Fight Back:

Immigrants Eligibility for Unemployment Compensation

OP 21 Appeals

APPLICATION FOR PHARMACIST EXAMINATION

New Immigration Relief Programs: What you need to know! A Presentation of the San Diego Immigrant Rights Consortium

N.5 Immigration Holds and Immigration Detention; When to Obtain Release from Criminal Incarceration, and When Not To

New enforcement priorities and overhaul of information sharing program with local jails

Immigration Policy and Politics

HOW TO APPLY FOR VOLUNTARY DEPARTURE

Acceptable Document Table

LAYOFFS / TERMINATION OF EMPLOYMENT FREQUENTLY ASKED QUESTIONS

Filing a Form I-360 Self-Petition under the Violence Against Women Act

CITIZENSHIP PETITION: CANDIDATE INFORMATION SHEET

Lawfully Present Individuals Eligible under the Affordable Care Act

IMMIGRATION MANUAL PREPARED BY: Office of General Counsel The California State University

HQ 70/6.2.8 JUN

Law Offices of Alla V. Londres LLC 406 Main Street, Suite 11, Metuchen, New Jersey Office Phone Number (732)

9/17/2014. Can We Still Change Immigration Policy?

and Immigration #ht&hg data deleqd t. U. S. Citizenship

Considerations When Representing Foreign Nationals in Criminal Proceedings

Part VI: Screening and Eligibility

STATE OF FLORIDA FINANCIAL AID APPLICATION INSTRUCTIONS & CONDITIONS

Understanding the Criminal Bars to the Deferred Action Policy for Childhood Arrivals

Introduction -- Immigration Consequences of Drug Offenses. -- Drug offenses have some of the most serious and unforgiving immigration consequences.

July, The Self Help Legal Center. Southern Illinois University School Of Law Carbondale, IL (618)

AMERICAN IMMIGRATION LAWYERS ASSOCIATION, SOUTHERN CALIFORNIA CHAPTER & LOS ANGELES COUNTY BAR ASSOCIATION, IMMIGRATION SECTION

Independent or Dependent Status

EXAMPLE CIS CITIZENSHIP INTERVIEW/TEST

EFFECTIVE NEBRASKA HEALTH AND HUMAN SERVICES 172 NAC 100 7/21/04 REGULATION AND LICENSURE PROFESSIONAL AND OCCUPATIONAL LICENSURE TABLE OF CONTENTS

How to Apply for a Pardon. State of California. Office of the Governor

How To Know If You Will Be Deported From The United States

Cuyahoga County Common Pleas Court Local Rules 33.0 ASSIGNMENT AND COMPENSATION OF COUNSEL TO DEFEND

How To Get A Free College Tuition In California

Opportunities to Make SIJS Findings in State Court Cases

Immigrant Access to Health Care: Medicaid and the Affordable Care Act. North Carolina Justice Center September 2014

Of Catholic Charities Atlanta or

KEROSKY PURVES & BOGUE ATTORNEYS AT LAW

How to apply for in-state tuition

INFORMATION ON FLORIDA RESIDENCY FOR TUITION CLASSIFICATION - Effective December 2, 2015 ALL INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

Good Moral Character and Criminal Issues in Naturalization

PROTECTIVE SERVICES SPECIAL IMMIGRANT JUVENILE STATUS AND LEGAL PERMANENT RESIDENCY APPLICATION GUIDE AND INSTRUCTIONS

DACA & Advance Parole. Hosted by American Immigration Council (AIC) and Catholic Legal Immigration Network, Inc. (CLINIC) May 20, 2014

Immigration Relief Toolkit For Criminal Defenders

What Is the Purpose of Form I-824? When Must I Use Form I-824? When Should I Not File Form I-824?

Department of Homeland Security Breakdown

ADULT ABUSE/STALKING ORDERS OF PROTECTION INFORMATION FOR BOTH PARTIES

Republican and Democratic Party 2012 Immigration Platform Comparison

DEPARTMENT OF CORRECTIONS

APPLICATION TO BEGIN A TRAINING PROGRAM NURSING HOME ADMINISTRATION

DHS Missing Data Needed to Strengthen its Immigration Enforcement Efforts

The University of the State of New York. THE STATE EDUCATION DEPARTMENT Office of the Professions

Transcription:

SUMMARY OF SENATE IMMIGRATION BILL: BORDER SECURITY, ECONOMIC OPPORTUNITY, AND IMMIGRATION MODERNIZATION ACT Legalization of undocumented persons in U.S. on December 31, 2011 Registered Provisional Immigrant (RPI) status: Eligibility: Continuous physical presence since December 31, 2011- brief trips after December 31, 2011 excepted Derivative spouses and unmarried children also eligible if physically present when principal granted and present on December 30, 2012 Can apply for RPI status from outside U.S. if physically present in U.S. prior to December 31, 2011, were deported for non-criminal reason, and have USC or LPR spouse or child Current removal proceedings or reinstatement does not bar eligibility Public charge, labor certification and documentation requirements grounds of inadmissibility do not apply Unlawful entry, stowaways, misrepresentation, and other grounds of inadmissibility do not apply unless inadmissible conduct after statute enacted Failure to attend removal proceeding and prior removal grounds of inadmissibility do not apply unless after date of registration Ineligibility: If convicted of three misdemeanors or one felony, aggravated felony, voted unlawfully, national security, or health-related grounds -- minor traffic offenses not considered AND conviction does not include an expungement If LPR, refugee, valid nonimmigrant status (with the exception of those in TPS status) Subject to grounds of inadmissibility not specifically exempted, but waivers available non-criminal, non-security related grounds of inadmissibility based on humanitarian concerns, family unity, public interest Benefits: RPI status allows for protection from deportation, detention, work authorization, travel No accrual of unlawful presence Six years of RPI status and extension available Application Process: Application period will be for one year after final regulation (possible 18-month extension) Pay filing fee, $500 penalty, and assessed taxes

Applications may be filed by family unit Filing fee required for those 16 years and older Biometrics and biographic form required Interview possible Review of Denial or Revocation: If denied or revoked, one administrative appeal at newly created appellate agency Federal district court review available If in removal proceedings, circuit court of appeals review with order of removal Extension: RPI status renewable for an additional six year period upon payment of filing fee, $500 penalty, remains eligible, and maintenance of regular employment Protections for Applicant: No federal employee may use the information in the RPI application for any purpose other than to decide on any immigration benefit Any person who improperly uses information obtained through the RPI application may be fined not more than $10,000 Protections for Employer: Not subject to employer sanctions if know RPI applicant or will be applying Special Provision for DACA grantees: DHS may grant RPI status to DACA grantee if national security clearances and law enforcement clearances completed and no conduct since DACA grant that would make person ineligible for RPI Adjustment to LPR status after 10 years Conditioned on clearing of current family-based backlog and enforcement triggers Demonstrate continuous residence, payment of taxes, regular employment in U.S or 125% of federal poverty guidelines, knowledge of English and civics, remains eligible for RPI (no denial or revocation) Payment of filing fee and $1,000 penalty Waivers granted for RPI status continue to apply to same grounds of inadmissibility for LPR status Naturalization after LPR status is available after three years

Border Security and Triggers for RPI Status and Adjustment of Status Establishes Border Security Goal for effective control in high risk border sectors along the Southern border. The goal is to be reached during first five years after enactment and establishment of Southern Border Security Commission if goals not met o Southern Border Security Commission will issue report and recommendations with $2 billion set aside for implementation over a ten year period beginning on date of enactment. Within 180 days of enactment, the DHS Secretary must develop a Comprehensive Southern Border Security Strategy to achieve and maintain effective control between the ports of entry in all high risk border sectors along the Southern border. o $3 billion over a five year period beginning on the date of enactment to implement the Comprehensive Southern Border Security Strategy Within 180 days of enactment, the DHS Secretary must develop a Southern Border Fencing Strategy to identify where fencing and technology should be deployed along the Southern border o $1.5 billion over a five year period beginning on the date of enactment to implement Southern Border Fencing Strategy DHS must submit to Congress a Notice of Commencement of implementation of Comprehensive Southern Border Security Strategy and Southern Border Fencing Strategy before DHS may begin processing applications for RPI status Before individuals in RPI status may adjust to LPR status, DHS must submit to Congress certification that: o Comprehensive Southern Border Security Strategy has been substantially deployed and is substantially operational o Southern Border Fencing Strategy is substantially complete o A mandatory employment verification system (E-Verify) has been implemented o An electronic exit system at air and sea ports of entry is in use o DREAMers and Agricultural Workers are exempt from these triggers Additional funding for drones, other detection and surveillance capabilities, and 3,500 additional CBP agents DREAM ACT: Adjustment of Status to LPR for Certain Noncitizens who Entered the U.S. as Children RPI for five years Younger than age 16 on date of initial entry to U.S. Has high school diploma or GED in U.S.

Has higher education degree or at least two years in good standing toward higher education degree; or has served in uniformed services for at least four years and, if discharged, received an honorable discharge. A hardship exception is available for this requirement Provides list of each secondary school attended in U.S. Knowledge of civics and English; exception for physical or developmental disability Time in RPI status considered as LPR status for naturalization eligibility Merit-based system for gaining LPR status One component begins five years after implementation Points earned based on skills, education, family ties, and length of time in U.S. At least 120,000 visas allotted each year, but capped at 250,000 (increase conditioned on unemployment rate below 8.5%) Will shift present weight given to family-based immigrant visas (75% of annual total now) to job skills (50% of total in 10 years) Another component starts on October 1, 2014 for approved employment-based petitions waiting in backlog for three years or family-based petitions waiting for five years Reduction of employment- and family-based visa applicants pending on date of enactment or filed after enactment through specific formula with goal to eliminate backlog by 2023 Changes to family-based immigration Immediate Relatives (IRs) are now spouses, minor unmarried children of USCs and LPRs, and parents of USCs aged 21 and over o IRs get derivatives o K status now available for fiancé(e)s of LPRs Preference categories are now: o Adult unmarried children of USCs and LPRs o Married children of USCs who are under 31 on date petition filed F-3 (Third preference category) eliminated for married sons and daughters of USCs 31 and over F-4 (Fourth preference category) eliminated (18 months after enactment) Backlog: o Family members currently in backlog will immigrate w/in 10 years o V status available again for spouses and children with approved petitions who are stuck in backlog

Definition of child: o Step-children must be under 21 when marriage creating step-relationship occurred (was under 18) o Child adopted under age 18 (was under age 16) is a child for immigration purposes 204(l): If IR died before enactment, beneficiary has two years following enactment to self-petition. o Appears to include parents of adult USCs o Parole in of those removed who would now have relief o Anyone removed after death of IR under new definition may be paroled back in and adjust w/o penalty of 212(a)(9) o Anyone removed who would have had 204(l) relief may be paroled back in to adjust w/o 212(a)(9) penalties o 204(l) available to beneficiaries who are outside the U.S. and consular processing o Widow/ers don t need to self-petition w/in two years of the death of the petitioner Changes to employment-based immigration Exemption from annual quotas for various categories (derivative children and spouse, certain professionals, certain foreign doctors) Reallocation of annual quota for other employment-based visas Increases employment-based visas for skilled workers to 40% of total Maintains employment-based visas for special immigrants at 10% of total Maintains employment-based visas for those who foster employment at 10% of total Creates a three-year INVEST visa for entrepreneurs Eliminates sunset for non-minister special immigrants Allows for work authorization while timely-filed petition or application is pending AgJOBS Farmworkers who have been working in the U.S. for 100 work days in the last two years can qualify for Agricultural Card Program They can apply for LPR status after working in agricultural employment for either three years (at least 150 days/year) or five years (at least 100 days/year), show payment of taxes, no serious criminal conviction, and $400 fine Spouses and children also eligible to immigrate New streamlined agricultural guest worker program to replace current H-2A program and ensure adequate supply of farm laborers as well worker protections W-2 visas for contract laborers; W-3 visas for portable, at-will employment

Changes to inadmissibility and deportability grounds Crime-based inadmissibility and deportability for certain convictions involving participation in a criminal street gang Crime-based inadmissibility for clear and convincing evidence of certain conduct involving participation in a criminal street gang; this basis of inadmissibility is waivable where the noncitizen has renounced all association with the gang Ineligibility for RPI status for certain convictions involving participation in a criminal street gang, or clear and convincing evidence of certain conduct involving participation in a criminal street gang. Conduct-based bar may be waived Crime-based inadmissibility for noncitizen convicted of three or more DUI offenses, where at least one offense occurs after enactment of new law Crime-based deportability for noncitizen convicted of three or more DUI offenses Aggravated felony deportability for sexual abuse of a minor does not require that the age of the victim be established by evidence in the record of conviction Discretionary authority with respect to removal, deportation, or inadmissibility IJ with discretion to decline to order removal of noncitzen where makes determination that removal is not in public interest or would result in hardship to noncitizen's USC or LPR parent, spouse or child, or, subject to exceptions, where the noncitizen is prima facie eligible for naturalization DHS Secretary with discretion to waive inadmissibility of noncitizen where makes determination that refusal is not in public interest or would result in hardship to noncitizen's USC or LPR parent, spouse or child; this provision is subject to several exceptions including several crime-based inadmissibility categories Reinstatement of removal not applicable where noncitizen reentered U.S. prior to age 18 or reinstatement would not be in the public interest or would result in hardship to the noncitizen's USC or LPR parent, spouse, or child Unlawful presence waiver available to parent of USC or LPR son or daughter; must show qualifying relative will suffer hardship, not extreme hardship Exceptions to inadmissibility based on unlawful presence under 212(a)(9)(B) apply to permanent bar under 212(a)(9)(C) Misrepresentation ground of inadmissibility limited to conduct within the 3 year period prior to seeking admission False claim to citizenship ground of inadmissibility requires knowing false claim and does not apply where the claim was made when (a) the noncitizen was under age 18; or (b) otherwise lacked mental competence. Waiver available upon showing of extreme

hardship to noncitizen or to noncitizen's USC or LPR parent, spouse, son or daughter. Waiver also available to certain VAWA self-petitioners Deportability for false claim defined with reference to inadmissibility for false claim Nonimmigrant visa changes Increase in annual cap on H-1B visas from 65,000 to 110,000 with gradual rise to 180,000 based on a High Skilled Jobs Demand Index Protections for U.S. domestic workers by requiring employers to pay higher wages and undergo recruitment of U.S. workers More visas for those with degrees in science, technology, engineering, or mathematics (STEM), which could lead to LPR status New W visa category for lower-skilled workers and their dependents Initial W visa period is three years, renewable provided not unemployed for more than 60 consecutive days Eligible employers must be registered and comply with worker protections Annual caps of W visas for first four years, beginning April 1, 2015 (20,000 for first year; 35,000 second year; 55,000 third year; 75,000 fourth year) Creation of Bureau of Immigration and Labor Market Research that will determine annual cap of W visas, declare shortage occupations, influence recruitment methods Employment verification Mandatory employment verification system (E-Verify) shall be put into place; all employers must comply within five-years of issuance of implementing regulations; time frame varies depending on number of employees Non-citizens must show biometric work authorization card at time of hiring and be photo-matched with system U.S. citizens undergo photo-matching of passports or drivers licenses Social security numbers locked into E-Verify system Naturalization English and civics requirements don t apply to: o those with mental or physical impairment o 65 or older, been an LPR for at least 5 years

o Civics requirement can be waived for anyone who s at least 60 and has been an LPR for 10 years English not necessary if: o At least 50, and LPR for 20 years o At least 55, LPR for 15 years o At least 60, LPR for 10 years Asylum 1-year filing deadline eliminated 2 year window to file motions to reopen cases denied solely based on the 1 year filing deadline Detained asylum seekers have claims heard first by Asylum Officer at an asylum interview, rather than immediately having to present case in Immigration Court in removal proceedings Stateless persons Creates new conditional lawful status for stateless persons, with work authorization, and then path to LPR status after one year U Status Cap increased to 18,000 per year from 10,000 Removal proceedings Appointment of counsel at government expense, if necessary, to represent: o Unaccompanied alien children o Individuals who are incompetent due to serious mental disability o Particularly vulnerable individuals Expansion of Legal Orientation Program (LOP) to ensure that information regarding procedures and rights in removal proceedings are provided to all detainees within five days of being taken into custody