CONGRESSIONAL HISPANIC CAUCUS (CHC) INTRODUCES IMMIGRATION REFORM LEGISLATION

Comprehensive Immigration Reform for

America

(CIR ASAP) Act of 2009

TITLE I - BORDER SECURITY, DETENTION, AND ENFORCEMENT

Subtitle A - Border Security:

Subtitle A of Title I assembles effective and accountable enforcement for the 21^st century through maximizing border security by requiring the Secretary of Homeland Security to form a national strategy that is consistent with the progress already made. In order to achieve these goals, oversight and accountability for the Department of Homeland Security is emphasized, especially as they pertain to the effectiveness and cost-benefit analyses of operations and programs.

Protecting Our Borders: This subtitle protects United States

§ Creating a Southern Border Security Task Force that is composed of federal, state, and local law enforcement officers

§ Requiring a security plan for land ports of entry at the borders involved in international trade

§ Expanding the programs under the Customs-Trade Partnership Against Terrorism that is in accordance to the SAFE Port Act

§ Improving the exchange of information between federal agencies on North American Security by conducting a targeted study of security clearance standards, document integrity, immigration and visa management and coordination, terrorist watch lists and smuggling operations

Effective Enforcement: Subtitle A achieves effective enforcement by improving personnel, assets and technology. This section:

§ Supports additional training, oversight and evaluation for agents who are the first face of America

§ Ensures that Customs and Border Protection have sufficient personal equipment like body armor, weapons, and uniforms, and sufficient assets such as helicopters, power boats, motor vehicles and other electronic equipment

§ Promotes standards for searches of electronic devices and appropriate training for agents in conducting such searches

§ Minimizes wasteful spending by developing and studying comprehensive uses of advanced technologies, such as aerial and automated surveillance

§ Requires an inventory prior to any increase of personnel assets and technology

Securing Ports of Entry: Our nation's ports of entry are modernized for our economic benefit and security by conducting a study of the infrastructure and operations to identify necessary improvements and projects to enhance border security and the flow of legitimate commerce and travel. This section:

§ Improves infrastructure and recalibrates resources and training to allow for more effective screening of commercial goods and individuals so as to minimize threats to national security at ports of entry

§ Increases the number of full-time port of entry inspectors, agricultural specialists, and support staff to improve the timely and safe flow of commercial goods and individuals

§ Establishes a demonstration project to test and evaluate new port of entry technologies and also refines existing technologies and operational concepts

Combating Criminal Activity: This subtitle recognizes the role of state law enforcement at the border in combating criminal activity by creating border relief grant programs for Northern and Southern border state, local and tribal law enforcement entities. This section:

§ Enables better training and technical assistance for state and local partners that deals with narcotics-related kidnapping, drug trafficking and the interdiction of weapons and currency

§ Facilitates information-sharing and collaboration between federal and state partners

§ Suspends the Operation Streamline program pending review of the goals, impacts and cost-benefit analyses

§ Reimburses Northern and Southern border state and local prosecutors for prosecuting federally initiated drug cases

§ Provides expanded resources for Operation Armas Cruzadas and Project Gunrunner to identify, investigate, and prosecute individuals involved in the trafficking and smuggling of firearms between Mexico

Improving Partnerships: The importance of border communities as partners and allies are recognized as key in achieving effective enforcement by prioritizing community consultation in developing enforcement policies, border protection strategies and training. This subtitle:

§ Establishes the U.S.-Mexico Border Enforcement Commission and a Border Communities Liaison Office to foster and institutionalize community consultation

§ Prohibits military involvement in non-emergency border enforcement

§ Prioritizes mitigating adverse impacts to federal, tribal, state, local and private lands, waters, wildlife and habitats by promoting cross-agency development of comprehensive monitoring and mitigation of ecological and environmental impacts of border security infrastructure and activity

Combating Human Trafficking: Subtitle A requires the development and implementation of a plan to improve coordination amongst federal and state partners to address human smuggling and migrant deaths. This section calls for additional ICE agents at ports of entry dedicated to combating human smuggling, and mandates a report on migrant deaths and further study of strategies to address this problem.

Subtitle B - Detention:

Improving Conditions of Detention: The bill requires DHS to meet minimum requirements to ensure the humane treatment of detainees. Minimum requirements include:

§ Adequate medical and mental health screenings, evaluations, medically necessary treatment, and continuing care

§ A review process for medical treatment requests and complete and confidential medical records

§ Reasonable access to telephones, affordable rates, and privacy protections for calls

§ Protections from sexual abuse, care for victims, and reports and investigations of abuse

§ Protection from transfers that fail to consider health and access to counsel

To ensure compliance with minimum detention conditions, the bill requires rulemaking and enforcement. An independent immigration detention commission is established to investigate and report on compliance. DHS must report the death of a detainee within 48 hours, and report annually to Congress on the circumstances of all deaths in detention.

Protecting U.S.This section increases screening and protections during immigration-related enforcement activities for U.S.citizens, Legal Permanent Residents, others lawfully present in the U.S., and vulnerable populations. Social service agencies, translators, and legal services must be available during enforcement activities. DHS will be required to:

§ Issue regulations prohibiting apprehensions at enumerated community, educational, and religious locations

§ Provide access to legal orientation programs and access to counsel during enforcement activities and for disabled individuals unable to fully participate in removal proceedings

§ Give timely notice and service of immigration charges, as well as timely bond hearings if detained more than 48 hours

This section increases protections for individuals subject to immigration detainers, limits the use of detainers to confirmed removable aliens, and requires DHS to collect data and report on detainer use. The unnecessary detention of refugees is prohibited. DHS is required to report to Congress on the impact of immigration-related enforcement activities.

Improving Secure Alternative to Detention Programs: Criteria are established to guide detention and release decisions and require release for vulnerable populations. Detention decisions must be in writing, served upon detainees, and are subject to redetermination by an immigration judge.

Protecting Family Unity: Families with children may not be separated except in exceptional circumstances where alternatives to detention are not available. Residential, non-penal facilities are developed for any necessary family detention with appropriate protections for children and parental rights. The bill includes safeguards for families and children during immigration-related enforcement actions by:

§ Improving child welfare services for children separated from parents and guardians who are in immigration detention or have been removed

§ Requiring training for federal and state personnel who interact with separated children and for staff at immigration detention facilities on parental rights, humanitarian, and due process protections

§ Ensuring protections for detained parents, guardians, and caregivers in immigration detention to promote access to children, family courts, child welfare services, and consular officials

Protecting Unaccompanied Alien Children: Training is required for DHS employees who encounter unaccompanied alien children. Upon apprehension of an unaccompanied alien child, immediate notice is required by DHS or ORR and transfer to ORR custody within 24 hours.

Subtitle C - Enforcement:

Protecting workers: Provides temporary visas and work authorization for detained workers when they have been retaliated against by their employer for asserting their labor rights and they agree to pursue labor claims against their employer. Also expands U visas to provide for whistleblower protections with regard to worker exploitation, civil rights violations and retaliation for exercising labor rights.

Ending Discrimination: Preempts any state or local law that discriminates against an individual based on immigration status or imposes sanctions on any individual or entity based on the immigration status of its clients, employees or tenants

Repeals the 287(g) program: Repeals the 287(g) program and clarifies that the authority to enforce federal immigration law lies solely with the federal government

ICE Ombudsman: Establishes an Immigration and Customs Enforcement (ICE) Ombudsman

Asylum: Eliminates the arbitrary 1-year bar to applying for asylum

Restores federal jurisdiction: Restores the federal courts of their jurisdiction to review decisions and practices of DHS thereby also restoring the historic role that the courts play in reviewing agency actions

TITLE II - EMPLOYMENT VERIFICATION

Mandates employers to use electronic employment verification to verify each new hire’s authorization to work. The system will apply to all new hires, and will be rolled out in phases within 3 years, beginning with critical infrastructure employers and large employers. The employment verification system:

§Will provide employers with a fool-proof, essential tool to ensure they hire only workers authorized to work

§Creates significant civil penalties for employers who do not comply with the requirements under the new system and criminal penalties for knowingly hiring unauthorized aliens

§Debars employers who repeatedly violate these provisions from government contracts, grants, and agreements

§Ensures the system is responding to employer inquiries accurately so that American workers are not wrongfully denied employment

§Includes privacy safeguards by limiting the data that can be collected and stored in the database and requiring the agencies to develop the system with maximum security and privacy protections

§Requires the agencies to evaluate impact of system from a privacy perspective and complete privacy impact statements

§Prohibits creation of a national identification card

§Includes anti-discrimination provisions. Forbids employers from using the new system to discriminate against applicants or employees on the basis of nationality. Prohibits employers from terminating employment due to a tentative non-confirmation, using the system to screen employees prior to offering employment, or using the system selectively

§Allows an individual to register with the Social Security Administration and acquire a PIN that would allow them electronic access to their file in the system, update their information, and lock their file for purposes of employment

TITLE III - VISA REFORMS

Backlog Reduction and Numerical Limit Reforms:

Reduction of existing backlogs: Permits the “recapture” of unused employment-based visas and family-sponsored visas from fiscal years 1992-2008 and allows future unused visa numbers to roll over to next fiscal year. Immediate relatives are exempted from the annual cap on the number of immigrant visas. This section increases the percentage limit of visas which may be issued yearly to a single country.

Promotion of Family Unity: To recognize family unity principles and facilitate backlog reduction, reclassifies spouses and children of lawful permanent residents as immediate relatives. The government is given greater discretionary authority to waive unlawful presence bars to reunite families upon a demonstration of hardship for applicant’s U.S.

Sons and daughters of Filipino World War II veterans: Exempts the sons and daughters of Filipino WWII veterans from the annual numerical limitations.

Immigrants with Advanced Skills Exempt from Visa Cap: Exempts several categories of highly skilled workers from the employment-based immigrant visa cap.

Retaining Workers Subject to the Green Card Backlog: Current nonimmigrant skilled workers whose employer has petitioned for an employment-based green card on their behalf and their dependents will be permitted to file an application for adjustment of status, regardless of whether a visa is immediately available. An applicant under this section must pay a supplemental $500 fee, to be used by DHS for backlog reduction and clearing security background check delays. The Secretary shall provide employment and travel authorization in 3-year increments while the application is pending.

Protection of Children and Families:

Relief for Orphans and Widows: Ensures that surviving spouses and children applying for adjustment of status or naturalization, including spouses and children of asylees and refugees, retain eligibility for waivers and other considerations that would have been available to them at the time of the petitioner’s death.

Reform of Cancellation of Removal: Permits immigration judges greater discretion in determining eligibility requirements for long-term lawful permanent residents seeking cancellation of removal. Eliminates prohibitions on including time spent in the United States

Protection for Refugees, Parolees or Asylees: Prohibits the removal of any individual who fled his or her homeland for fear of persecution before the age of twelve and was subsequently admitted into the United States

Enhanced Protections for Children: Revises current law to ensure that the children of fiancés of United States citizens will be protected from aging out of eligibility to adjust to conditional resident status by requiring that eligibility determinations are based on the child's age at the time the U.S. citizen files a petition for classifying the child's parent as a fiancé or spouse. Eliminates the requirement that stepchildren must have been under the age of 18 at the time the qualifying marriage took place in order to be classified as a child for purposes of immigration eligibility.

Limits on Removal for Parents of U.S. Citizen Children: Permits an immigration judge to decline to order the removal of the parent of U.S.

Return of Talent Program: Permits lawful permanent residents to temporarily return to their home country to assist in post-conflict or natural disaster reconstruction activities, for up to two years without losing credit towards time as a continuous resident of the U.S.

Humanitarian Visa Program to Prevent Unauthorized Migration (PUM Visa):
Prevent Unauthorized Migration Visa (PUM Visa) creates a stop-gap new visa program that will provide for safe, humanitarian migration during the three-year transition period before the implementation of recommendations made by the new Labor Commission.

§One hundred thousand PUM visas will be made available annually, for three years, to persons from sending countries of unauthorized migration to the United States

§Individuals may apply to the lottery if they are not present in the United States

§Individuals awarded visas will be admitted to the United States as conditional residents and may petition to remove the condition after three years upon showing they have good moral character, pass all required background and security checks, comply with all tax requirements and other factors. Funds generated from this program will be applied to security and employment programs.

TITLE IV – EARNED LEGALIZATION PROGRAM FOR THE UNDOCUMENTED

Visa Program for Qualified Undocumented Workers: Creates a program providing conditional nonimmigrant status for undocumented immigrants (and their spouses and children) in the U.S.

Features of the Conditional Nonimmigrant Program:

§Provides conditional nonimmigrant visa applicants with work and travel authorization and protection from removal

§Bars related to undocumented status will be waived (security and criminal bars cannot be waived)

§Contains provisions for administrative and judicial review of denied applications

Requirements for Conditional Nonimmigrant Status: The alien must:

§Establish presence in the U.S.

§At time of registration, attests to contributions to the U.S.

§Complete criminal and security background checks

§Pay a $500 fine plus necessary application fees (fine exemption for children and certain immigrants who initially entered the U.S.

§The individual shall be ineligible to receive a visa as a result of a serious criminal conviction, persecution of another person or reasonable grounds for believing that the alien committed a particularly serious crime abroad

§There is a penalty of up to five years imprisonment for anyone who willfully falsifies information in an application for conditional nonimmigrant status

Adjustment of Status to LPR: Provides qualified conditional nonimmigrants and their spouses and children with an opportunity to earn and apply for lawful permanent resident status (green card) and eventual citizenship.

Features of the Earned Adjustment of Status Program:

§No green cards may be issued under this program earlier than six years after the date of enactment unless existing immigrant backlogs have been cleared before that time

§The Department of State and DHS are required to provide any requesting law enforcement entity with information furnished on an application in connection with a criminal or national security investigation or prosecution

§New penalties for making false statements in an application for earned citizenship are created